HomeMy WebLinkAboutC-5580 - Bay Avenue Pavement ReconstructionJuly 28, 2016
Norbest, Inc.
Attn: Larry Nodland
7600 Acacia Avenue
Garden Grove, CA 92841
Subject: Bay Avenue Pavement Reconstruction — C-5580
Dear Mr. Nodland:
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1949-644-3039 FAx
newportbeachca.gov
On July 28, 2015, 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 August 7,
2015 Reference No. 2015000409544. The Surety for the contract is Merchants
Bonding Company (Mutual) and the bond number is CAC711707. Enclosed is the
Faithful Performance Bond.
Sincerely,
NOV"—
Leilani I. Brown, MMC
City Clerk
Enclosure
THE FINAL PREMIUM IS
PREDICATED ON THE
FINAL CONTRACT PRICE
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. CAC711707
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $11,760.00 , being at the
rate of $25.001$15.001$10.00 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded tc
Nobest Incorporated hereinafter designated as the "Principal," a contract for 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, in the City of Newport Beach, in strict conformity with the
Contract on file with the office of the City Clerk of the City of Newport Beach, which is
incorporated herein by this reference.
WHEREAS, Principal has executed
terms thereof require the furnishing of
Contract.
or is about to execute the Contract and the
Bond for the faithful performance of the
NOW, THEREFORE, we, the Principal, and Merchants Bonding Company (Mutual)
, duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of
` Dollars ($826.000.00 ) 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.
*Eight Hundred Twenty Six Thousand and 001100
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.
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
Page B-1
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the
Principal in full force and effect for one (1) year following the date of formal acceptance
of the Project by City.
In the event that the Principal executed this bond as an individual, it is agreed
that the death of any such Principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by
Principal and Surety above named, on the 5th day of February 12015
Nobest Incorporated
Name of Contractor (Principal)
Merchants Bonding Company (Mutual)
Name of Surety
2100 Fleur Drive Des Moines IA 50321
Address of Surety
(800)678-8171
Telephone
Agent
Arturo Ayala, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Page B-2
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Orange
On February 5,2015 before me, Kay E. Anderson/Nota Public
(Here insert name and tide of the officer)
personally appeared
Nodland
who proved to me on the.basis of satisfactory evidence to be the persoro)'whose name yisWsubscribed to
the within instrument and acknowledged to me that he%h ihh�y^executed the same in his/ r>i�e� authorized
capacity, and that by hisjaer7t�JaeiF signature, fon 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 E. ANDERSON
and official seal. W'Notary
ommission x 2031255
Public - California
Orange County
ary Public(Notary Seal) omm. Expires Jun 27, 2017
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOWNIENT
„(Tide or description of attached document)
(Title or description of attached document continued)
Number of Pages _ Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
®
Corporate Officer
President
(Title)
❑
Parmer(s)
❑
Attomey-in-Fact
❑
Trustee(s)
❑
Other
2OO8Vemion CAPAvl2.10.07800-873-9865 www.NotaryClasan.com
INSTRUCTIONS FOR COMPLETING THIS FORM
Any admawiedgmem completed in California must contain verbiage exactly as
appears above in the notary section or a separate acbrowledgment farm mrst 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 alternanve
acknowledgment verbiage as may be primed on such a domanem so long m the
verbiage does me require the nonny to do something that is illegal for a rotary in
California (Lecertifying the adhorized capacity of am signer), please check the
document coeefdlyfar proper notarial wording and anwh this form ifrequired
• Smte and County information must be the State and County where the document
sigcer(s) personally appeared before the notary, public foracknowledgment
• 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 time as it appears within his or her
commission followed by a comma and then yam title (notary public).
• Print the namc(s) of document sigor(s) who personally appear at the time of
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• Indican the correct singular or plural fortes by crossing off incorrect forms (Le.
hdshddrey- is /are ) or circling the correct fortes. Failure to correctly indicate this
information may lead to rejection of document recording.
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Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signalize of the notary public most match the signature on filewith 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.
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. CEO, CFO, Secretary).
• Securely attach this document to the signed document
ACKNOWLEDGMENT
State of California
County of
On 20 before me,
Notary Public, personally appeared
who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/shelthey executed the
same in his/her/their authorized capaciiy(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.
f certify under PENALTY OF PERJURY under the laws of the State of Califomia that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
State of California
County of ) ss.
On
20 before me,
Notary Public, personally appeared
who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by hislher/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph Is true and correct.
WITNESS my hand and official seal.
Signature (seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of Orange
On 2/5/15 before me,
Susan Pugh, Notary Public,
Date
Insert Name of Notary exactly as flappears on the official seal
personally appeared Arturo Ayala
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(&) is/are subscribed to the
within instrument and acknowledged to me that he/shekbey
lr i;f Noir !Pit � 1 rm is x
executed the same in his/hea/fheir authorized capacity*s),
and that by his/haiMmir signature(&) 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 and official se
�han))d
Signature
Place Notary Seal Above -
Signature of Notary PublSusan Pugh
OPTIONAL
Though the information below is not required by law, it mayprove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document: Faithful Pereformance Bond
Document Date:- 2/5/15 2/5/15
Number o Pages: Two
9
Signer(s) Other Than Named Above: None
Capacity(ies) Claimed by Signer(s)
Signer's Name: Arturo Ayala
Signer's Name:
❑ Individual
❑ Individual
❑ Corporate Officer —Title(s):
❑ Corporate Officer —Title(s):
❑ Partner ❑ Limited ❑ General
❑ Partner ❑ Limited ❑ General
[� Attorney in Fact
M. ❑ Attorney in Fact
❑ Trustee
❑ Trustee
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other:
❑ Other:
Signer is Representing:
Signer is Representing:
MERCHANTS Bond No. CAC711707
BONDING COMPANY,.
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"),
and that the Companies do hereby make, constitute and appoint, individually,
Andrew Waterbury; Arturo Ayala; Daniel Huckabay; Dwight Reilly
of Orange and State of California their true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of.
TEN MILLION ($10,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of
Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc-, on October 24, 2011.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the
seal of the Company thereto, bonds and undertakings, 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 13thday of August , 2014.
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STATE OF IOWA %.
COUNTY OF POLK ss."'•^•••nrN•.
,�
• ""
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
By /-t"7 77g!�—
President
On this 13thday of August 2014, 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.
tica'Ars WENDY WOODY
Z . Commission Number 784654 l a
My Commission Expires tj
o' w June 20, 2017 1 oc:si
Notary Public, Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER -0F -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 5th day of February. 2015
POA 0014 (7/14)
Secretary
i e e
2003 :.�'
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ti.
Secretary
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
Leilani Brown, CMC
October 12, 2015
Nobest, Inc.
Attn: Larry Nodland
7600 Acacia Avenue
Garden Grove, CA 92841
Subject: Bay Avenue Pavement Reconstruction- C-5580
Dear Nobest Inc.:
On July 28, 2015, 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
August 7, 2015, Reference No. 2015000409544. The Surety for the bond is
Merchants Bonding Company (Mutual) and the bond number is CAC711707.
Enclosed is the Labor & Materials Payment Bond.
Sincerely,
OTIAP-
Leilani
40�4.
I. Brown, MMC
City Clerk
Enclosure
100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915
Telephone: (949) 644-3005 • Fax: (949) 644-3039 9 www.newportbeachca.gov
THE FINAL PREMIUM IS
PREDICATED ON THE
FINAL CONTRACT PRICE
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. CAC711707
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
Nohest incoroorated hereinafter designated as the "Principal," a contract for 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, in the City of Newport Beach, in strict conformity with the
Contract on file with the office of the City Clerk of the City of Newport Beach, which is
incorporated herein by this reference.
WHEREAS, Principal has executed or Is about to execute the Contract and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other
supplies used in, upon, for, or about the performance of the Work agreed to be done, or
for any work or labor done thereon of any kind, the Surety on this bond will pay the
same io-the extent-heretnefter set forth. -- — — -
NOW, THEREFORE, We the undersigned Principal, and,
Merchants Bondinq Company (Mutual) duly authorized to
transact business under the laws of the State of California, as Surety, (referred to herein
as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of
Dollars ($826,000.00 ) 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.
*Eight Hundred Twenty Six Thousand and 00/100
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 attorneys' fee, to be fixed by the Court as
required by the provisions of Section 9554 of the Civil Code of the State of California.
Page A-1
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 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 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 5th day of February 12015
Nobest Incorporated
Name of Contractor (Principal)
Merchants Bondinq Company (Mutual)
Name of Surety
2100 Fleur Drive, Des Moines, IA 50321
Address of Surety
(900) 678-8171
Telephone
Authorized S ture/Title
uthorized Agent SIgnat
Arturo Ayala Attorney -in -Fact
Print Name and Title
NOTARYACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Page A-2
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Orange
OnFebruary 5,2015 before me, Ray E. Anderson/Notary Public
(Here in w mune and title of the officer)
personally appeared Larry Nodland
who proved to me on the basis of satisfactory evidence to be the persortywhose nameXisWsubscribed to
the within instrument and acknowledged to me that heoe/fhh�,(-rexecuted the same in his/bAWt}tefr authorized
capacity, and that by hisJjaeflpeir signature
,Won the instrument the person] or the entity upon behalf of
which the personWacted, executed the instrument.
I certify -under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
NAVAN
d official seal. Commission # 203 • zoal2as
Notary Public - California
Orange County
M Comm. Ex 'res Jun 27.201 I
y public (Notary Seal]
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
„(Title a description of attached document)
(Title or description of attached document continued)
Number of Pages _ Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (a)
®
Corporate Officer
President
(rine)
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
2008 Version CAPA v12.10.07 800.873-9865 www.NoteryClesses.com
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in Cahfornia must contain verbiage exactly as
appears above in the notary section or a separate acknowledgmentjorm must be
properly completed and anached to that document The only exception is if a
document is to be recorded outside of Cal forma In such rnstames, any alternative
acknowledgment verbiage as maybe primed on such a document so long as the
verbiage does not require the notary to do something that rs illegal for a notary in
California (re. certifying the authorized capacity of the signer). Please check the
document carefuRyfm proper notarial wording amt attach thisfmm ifrequ(red
• State and County information must be the Stare and County where the document
signer(s) personally appeared before the notary public for aclmowled®nent
• Date of notarization must be the date that the signer(s) personally appeared which
most also be the same date the acknowledgment is completed.
• The notary public must prim his or her name as it appears within his or her
commission followed by a comma and than your title (notary public).
• Print the name(s) of document signers) who personally appear at the tithe of
notarization.
• Indicate the correct singular or plural fors by crossing off incorrect forms (i.e.
Wshdthe),- is /ars) or circling the correct forms. Failure: to correctly indicate this
information may lead to rejection of decorator recording.
• The notary seal impression must be clear and photographically reproducible.
Impression most not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form
• Signature of the worry public must match the signature on file with the office of
the county clerk
9 Additional information is not required but could help to ensure this
acknowledgment is not misused m attached to a different document.
0 Indicate title or type of attached document, number of pages and date.
s 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
ACKNOWLEDGMENT
State of California
County of )ss.
On 20 before, me,
Notary Public, personally appeared
who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare
subscribed to the within Instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/thelr authorized capacity(ies), and that by his/her/their slgnatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of Orange
On 2/5/15 before me, Susan Pugh Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Arturo Ayala
Name($) of Signers)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/etre subscribed to the
within instrument and acknowledged to me that he/sheftisey
executed the same in his/hauklasir authorized capacity(*s),
and that by his/hWheir signature(s) on the instrument the
person(a), or the entity upon behalf of which the person(s)
acted, executed the instrument.
rJ ci An I certify under PENALTY OF PERJURY under the laws of
g ` MyCnin e,r 'way 719' the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal.
Signature - _
_6z_
Place Notary Seat Above Signature of Notary Public 56san Pugh
OPTIONAL
Though the information below is not required by law, if may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document: Labor and Materials Payment Bond
Document Date: 2/5/15 Number of Pages: Two
Signer(s) Other Than Named Above: None
Capacity(ies) Claimed by Signer(s)
Signer's Name: Arturo Ayala Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s):
❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General
9 Attorney in Fact ❑ Attorney in Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other: - ( ❑ Other:
I
i
Signer is Representing: Signer is Representing:
_ � I
MERCHANTS Bond No. CAC711707
BONDING COMPANY,.
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"),
and that the Companies do hereby make, constitute and appoint, individually,
Andrew Waterbury; Arturo Ayala; Daniel Huckabay; Dwight Reilly
of - Orange and State of California their true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of:
TEN MILLION ($10,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of
Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc., on October 24, 2011.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the
seal of the Company thereto, bonds and undertakings, 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 13thday of August . 2014.
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
By
President
On this 13thday of August 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did
say that he is President o7 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.
•yPRIAtS WENDYWOODY-
z°� ielmmission Number 784654
My Commission Expires
�ow1^ June 20, 2017
Notary Public, Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,
which is still in full force, and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on
this 5th day of February , 2015
POA 0014 (7/14)
. •O��\FP q�A9'•
•z:
1933 ; C:
• •cti.
Secretary
c:c'
=j' 2003 {+z,�
'a•' 1933-
• y.
STATE OF IOWA YF• ,a`
COUNTY OF POLK ss. ••'"•"`ISN""'"p�
""'
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
By
President
On this 13thday of August 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did
say that he is President o7 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.
•yPRIAtS WENDYWOODY-
z°� ielmmission Number 784654
My Commission Expires
�ow1^ June 20, 2017
Notary Public, Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,
which is still in full force, and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on
this 5th day of February , 2015
POA 0014 (7/14)
. •O��\FP q�A9'•
•z:
1933 ; C:
• •cti.
Secretary
R )FCF1\.//E[)
RECORDING REQUEST
D
WHEN RECORDED RE ,RAN 11= OJ
City Clerk
City of Newport Beach �-
100 Civic Center Drive -
Newport Beach, CA 92660
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
��II II�'i�II��IIIIIIII��III IIIiii�iiiirii�ii!�Ili'III'I�I'IIIII�I NO FEE
*$ R 0 0 0 7 7 4 3 9 1 1$
2015000409544 8:11 am 08/07/15
47 411 N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive,
Newport Beach, California, 92660, as Owner, and Nobest, Inc. of Garden Grove, CA, as
Contractor, entered into a Contract on March 4, 2015. Said Contract set forth certain
improvements, as follows:
Bay Avenue Pavement Reconstruction - C-5580
Work on said Contract was completed, and was found to be acceptable on
July 28, 2015 by the City Council. Title to said property is vested in the Owner and the
Surety for said Contract is Merchants Bonding Company (Mutual).
AM
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 at
BY
City Clerk (�_O��'
�c "
PORN'®
rt Beach, California.
4 � PQ�T
O,
,> A
CITY CLERK'S OFFICE
Leilani Brown, MMC
July 29, 2015
Orange County Recorder
P.O. Box 238
Santa Ana, CA 92702
RE: Notice of Completion for the following projects:
• Bayview Avenue Pavement Reconstruction - Contract No. 5580
Please record the enclosed document and return to the City Clerk's Office.
Thank you.
Sincerely,
44 - A MVV,-
Leilani I. Brown, MMC
City Clerk
Enclosures
100 Civic Center Drive e post Office Box 1768 « Newport Beach, California 92658-8915
Telephone: (949) 644-3005 • Fax: (949) 644-3039 a www.tiewportbeachca.gov
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive,
Newport Beach, California, 92660, as Owner, and Nobest, Inc. of Garden Grove, CA, as
Contractor, entered into a Contract on March 4, 2015. Said Contract set forth certain
improvements, as follows:
Bay Avenue Pavement Reconstruction - C-5580
Work on said Contract was completed, and was found to be acceptable on
July 28, 2015 by the City Council. Title to said property is vested in the Owner and the
Surety for said Contract is Merchants Bonding Company (Mutual).
BY
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 otdil
BY l)l(lI . �1uUYyv
City Clerk
h, California.
CTY OF
F
NEWPORT BEACH
City Council Staff Report
July 28, 2015
Agenda Item No. 5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director- (949) 644-3330,
dawebb@newportbeachca.gov
PREPARED BY: Frank Tran, Civil Engineer
PHONE: (949) 644-3340, ftran@newportbeachca.gov
TITLE: Bay Avenue Pavement Reconstruction — Notice of Completion and Acceptance of
Contract No. 5580 (CAP15-0010)
ABSTRACT:
On February 10, 2015, City Council awarded Contract No. 5580, Bay Avenue Pavement Reconstruction
Project, to Nobest, Inc., for a total contract cost of $826,000.00 plus a 10% allowance for contingencies.
The required work is now complete and staff requests City Council accept the work as completed and close
out the contract.
RECOMMENDATION:
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release the Faithful Performance Bond one year after acceptance by the City Council.
FUNDING REQUIREMENTS:
The construction project was funded from the following accounts:
Account Description
Gas Tax
Contribution from Private Party
Measure M Fair Share
AD -101 Street Rehabilitation
WV Grade Adjustment
SMH Grade Adjustment
Account Number
7181-C2002044
7251-C2002044
7282-C2002044
74101-9804
7521-C2002049
7541-C2002049
Amount
$ 757,460.50
$ 15,000.00
$ 39,905.33
$ 20,000.67
$ 1,300.00
$ 2,400.00
Total: $ 836,066.50
5-1
DISCUSSION:
Overall Contract Cost/Time Summary
Actual
Awarded Final Cost at Contingency % Due to % Due to
Contract Amount Completion Allowance Contract Directed Unforeseen
Change Change
$826,000.00 $836,066.50 10% or less +1.1% 1 0 1.1
Actual Time
Allowed Contract Time (days) 1 62
Under H 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:
$826,000.00
Actual cost of bid items constructed:
$833,436.50
Total change orders:
$2,630.00
Final contract cost:
$836,066.50
This pavement reconstruction project is located on Bay Avenue from 8th Street to Palm Street. The work
necessary for the completion of this contract consisted of removing and reconstructing the existing concrete
pavement, upgrading all curb access ramps, adjusting street utility covers to the new surface grade, and
performing other appurtenant and incidental items of work as required. In addition to the roadway work, the
project provided an opportunity to install fiber optic conduit along Bay Avenue within the project area. This
section of conduit will allow for future extension of the existing City's traffic signal fiber optic communication
network to Main Street and Palm Street traffic signals, as well as to Balboa Branch Library and Fire Station
1. By installing the conduit as part of a major roadway replacement project, there is substantial future
savings and reduced impact to residents and commuters.
This contract also included removing and reconstructing the existing concrete pavement on "I" Street from
Balboa Boulevard to the bay in the Peninsula Point community. This portion of work was requested by a
private party who has contributed funds for the reconstruction of "I" Street.
A summary of the project schedule is as follows:
Estimated Completion Date per 2014 Baseline Schedule May 08, 2015
Project Awarded for Construction February 10, 2015
Contract Completion Date with Approved Extensions June 10, 2015
Actual Substantial Construction Completion Date June 10, 2015
ENVIRONMENTAL REVIEW:
City Council found this project exempt from the California Environmental Quality Act ("CEQA") pursuant to
Section 15301(c). This exemption covers the minor alteration of existing public facilities with negligible
expansion of the facilities in areas that are not environmentally sensitive.
NOTICING:
This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item). In addition, the City Clerk will be filing a Notice of Completion for
the project as a result of this action.
5-2
The Notice Inviting Bids was advertised in the City's official publication and in construction industry
publications.
ATTACHMENTS:
Description
Attachment A - Project Location Map
5-3
BAY AVENUE
1 11 w
Ij
BALBOA BLVD
�n nen nOn n0 nom'
N�
A
NTS.
LOCATION MAP
N.T S.
LEGEND
- NEW PCC PAK ENT
BAY AVENUE PAVEMENT RECONSTRUCTION
LOCATION MAP
EVNITATOT1111
a
I' STREET
� m o
i
(PENINSULA POINT)
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C-5580 7/28/2015
I
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
Until 10:00 AM on the 21st day of January, 2015,
at which time such bids shall be opened and read for
BAY AVENUE PAVEMENT RECONSTRUCTION
Contract No. 5580
$ 950,000.00
Engineer's Estimate
Approved by
-941d 4clo"l—k
Mark Vukojevic
City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and
Drawings by contacting
Mouse Graphics at (949) 548-5571
Located at 659 W. 19th Street, Costa Mesa, CA 92627
Contractor License Classification(s) required for this project: "A"
For further information, call Frank Tran, Project Manager at (949) 644-3340
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
htto://www.NewoortBeachCA.gov
CLICK: Online Services/Bidding & Bid Results
City of Newport Beach
BAY AVENUE PAVEMENT RECONSTRUCTION
Contract No. 5580
TABLE OF CONTENTS
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
LABOR AND MATERIALS PAYMENT BOND .......... .............................................
A-1
FAITHFUL PERFORMANCE BOND.....................................................................B-1
INSURANCE REQUIREMENTS..........................................................................
C-1
PROPOSAL..... ...................... _ ................ ................... ................
.......................... PRA
SPECIALPROVISIONS............................................................................................
SP -1
`i
City of Newport Beach
BAY AVENUE PAVEMENT RECONSTRUCTION
Contract No. 5580
INSTRUCTIONS TO BIDDERS
The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND
DESIGNATION OF SUBCONTRACTORS
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO
BID OPENING DATE (if any)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL
2. Cash, certified check or 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.
Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and figures,
bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated
quantity by unit price, the correct multiplication will be computed and the bids will be compared
with correctly multiplied totals. The City shall not be held responsible for bidder errors and
omissions in the PROPOSAL.
7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at
the request and expense of the Contractor, securities shall be permitted in substitution of
money withheld by the City to ensure performance under the contract. The securities shall
be deposited in a state or federal chartered bank in California, as the escrow agent.
3
8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the contract. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703-4774, and requesting one from the Department of
Industrial Relations. All parties to the contract shall be governed by all provisions of the
California Labor Code — including, but not limited to, the requirement to pay prevailing wage
rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by
the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5
of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public
Contracts Code, "Subletting and Subcontracting Fair Practices Act".
10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual
authorized by the corporation. For partnerships, the signatures shall be of a general partner.
For sole ownership, the signature shall be of the owner.
The signature below represents that the above has been reviewed.
Contractor's License No. & Classification
Xlob,:1�5--�- Tiz(-C�
Bidder
horized SighXture/Title
Date
19
r�
Bond No. NOBIN-187
City of Newport Beach
Contract No. 5580
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of
Newport Beach, a charter city, in the principal sum of Ten Percent of Amount Bid
Dollars ($ 10% 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 BAY
AVENUE PAVEMENT RECONSTRUCTION, Contract No. 5580 in the City of Newport Beach,
is accepted by the City Council of the City of Newport Beach and the proposed contract is
awarded to the Principal, and the Principal fails to execute the Contract Documents in the
form(s) prescribed, including the required bonds, and original insurance certificates and
endorsements for the construction of the project within thirty (30) calendar days after the date of
the mailing of "Notification of Award", otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing this Bond as an individual,
it is agreed that the death of any such Principal shall not exonerate the Surety from its
obligations under this Bond.
Witness our hands this 9th day of January ,
Nobest Incorporated
Name of Contractor (Principal) z d Signatur /Title 40
Merchants Bonding Company (Mutual)
Name of Surety
2100 Fleur Drive,
Des Moines, IA 50321
Address of Surety
(800)678-8171
Telephone
Authorized Aawff-S a ature
Arturo Ayala, Attorney -in -Fact
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
5
f
State of California
County of Orange
On % ` Z S — i 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 personXwhose name(sTis/oc'subscribed to
the within instrument and acknowledged to me that he/ffid£l prexecuted the same in his/bw*eir'authorized
capacityy j4 and that by his/�tefltja signatureon the instrument the person, or the entity upon behalf of
which the personS�acted, executed the instrument.
I certify.under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct. �-a - -
av t. nNor oN
Comm cion # 2031255
^� Notary Public - California Z
WITNE my h d and official seal. z orange County f
% My Comm. Expires Jun 27, 2017
DESCRIPTION OF THE ATTACHED DOCUMENT
„(Title or description of anached document)
(Title or description of attached document continued)
Number of Pages _ Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
iR
Corporate Officer
President
(Title)
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
2008 Version CAPA vl2.I0.07 800.873-9865 www.NotaryClassmcom
(Notary Seal)
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
acknowledgment verbiage as maybe printed on such a document so long as the
verbiage does not require the notary to do something that a illegat for a notary in
California (t e. certifying the authorized capacity of the signer). Please check the
document carefultyfor proper notarial wording and attach thisform ifrequired
• 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 her
cortunission 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.
hdshetlhey,– is /ere) or circling the correct forms. Failure to correctly indicate this
infomution 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 seat impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
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 title (Le. CEO, CFO, Secretary).
• Securely attach this document to the signed document
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing
this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of Orange
On 01/09/15 before me,
Andrew Waterbury Notary Public,
Date
Insert Name of Notary exactly as it appears on the official seat
personally appeared Arturo Ayala
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(x) whose name(s) is/aw subscribed to the
within instrument and acknowledged to me that he/gMMy
executed the same in hisdMt1 Nr authorized capacity*m),
and that by his/k8.u'J Wlr signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(K)
�„
acted, executed the instrument.
N t . , ,,;,.
1 certify under PENALTY OF PERJURY under the laws of
v
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and c`i I seal.
Signature / // , 4��
Place Notary Seal Above
Signatur`eof Notary Public 'Andrew Waterbury
OPTIONAL
Though the information below is not required
by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document: Bidder's Bond
Document Date: 01/09/15
Number of Pages: One
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Arturo Ayala
Signer's Name:
❑ Individual
❑ Individual
❑ Corporate Officer—Title(s):
❑ Corporate Officer —Title(s):
❑ Partner ❑ Limited ❑ General
❑ Partner ❑ Limited ❑ General
d Attorney in Fact 100110111110❑
Attorney in Fact
❑ Trustee •
❑ Trustee •
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other:
❑ Other:
Signer is Representing:
Signer is Representing:
MERCHANTS Bond No. NOBIN-187
BONDING COMPANY,
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"),
and that the Companies do hereby make, constitute and appoint, individually,
Andrew Waterbury; Arturo Ayala; Daniel Huckabay; Dwight Reilly
of Orange and State of California their true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of:
TEN MILLION ($10,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of
Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc., on October 24, 2011.
"the President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the
seal of the Company thereto, bonds and undertakings, 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 13thday of August , 2014.
STATE OF IOWA
COUNTY OF POLK ss.
co: -o- c:3:
•z:
'6'• 1933 :•ti
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
By /-,e-
7� President
On this 13thday of August 2014, 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 instrumentwas 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.
40vo"O�
0WENDYWDDDY
Commission Number 784654
My Commission Expires
June 20 2017
Notary Public, Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked.
In Witness Whereof, l have hereunto set my hand and affixed the seal of the Companies on
this 91h day of January 2015
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ACKNOWLEDGMENT
6 .......... 0 ................. t .......... an ..... ON ................... •..l..•..Y.
State of California
County of
CST
Public, personally appeared
ss.
before me,
Notary
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
•• a cv•uee0.00•evvaee.......... a .............. 0.00 .ese. a s••.• 0 .......... *e rev•
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
_ Paper Identification
_ Credible W itness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
N
Thumbprint of Signer
F1 Check here if
no thumbprint
or fingerprint
is available.
ACKNOWLEDGMENT
......eeeeeeeeeaea......e.e.,.,.eeeeeeaea............ a ....... a .............. mom
State of California
County of
ss.
On before me,
Public, personally appeared
proved to me on the basis of satisfactory evidence to be t
subscribed to the within instrument and acknowledged to
same in his/her/their authorized capacity(ies), and that by
instrument the person(s), or the entity upon behalf of which
instrument.
Notary
,who
he person(s) whose name(s) is/are
me that he/she/they executed the
his/her/their signatures(s) on the
the person(s) acted, executed the
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
•eee•eeee ee�ee........... eee, eeeeeee•.0 ..................... a .......... a •eee.
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible W itness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO/CFO/COO
President/ Vice -President/ Secretary/ Treasurer
Other:
Other
7
Thumbprint of Signer
❑ Check here if
no thumbprint
or fingerprint
is available.
City of Newport Beach
BAY AVENUE PAVEMENT RECONSTRUCTION
Contract No. 5580
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
Number
Description of Work
%of
Total Bid
Name: / ��A{,Ud trdl�l?Pf?fi X24//i,n�
Address:
eyp�P�� Cy
29
2, 3�
Phone: /q/tii�
�
State License umber: 7 7006
Email Address:
Name: A�L
Address: 0/, g t': /, L,q
Ak,ghe;th, (q
�
1.111
/ 9
Phone: /,�) 03-7
It
State License Number: /?
fsQ
Email Address:
Name: !Cl 5T le 4M,� wflle{l
Address:: Lacy b C 4tJJ` -- /�
F
ofOnq
r7
o ��
Phone (�/9) �h � �
State License Number.G �y/(
Email Address
Bidder
M
City of Newport Beach
BAY AVENUE PAVEMENT RECONSTRUCTION
Contract No. 5580
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidder's Name ko bee I T i c
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE.
For all public agency projects you have worked on (or are currently working on) in the
past 2 years in excess of $15,000, provide the following information:
No. 1 S P� /K�r�c��
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.
0
Rl'FERENCI,L+ LIST
Page 1
No. 1
Project Name/Number: Annual Concrete Maintenance Proms
Project Description: R&R Concrete Sidewalk, Drive Approaches, Curb Ramps, Curb & Gutter
Approximate Construction Dates: From 2/1/13 To: Present
Agency Name: City of Huntington Beach
Contact Person: Dereck Livermore Telephone: (714, 96) 0-8861
Original Contract Amount: $500,000 Final Contract Amount: In Progress
No. 2
Project Name/Number: Central Balboa & Newport Heights Alley St. Replacement
Project Description: Remove and RepIace Concrete Mom& Streets. Curb & Gutters, Sidewak Curb Ramps
Approximate Construction Dates: From: 1/2013 To: Present
Agency Name: City of Newport Beach
Contact Person: Mike Sinacori Telephone: (949) 644-3342
Original Contract Amount: $1,320,000 Final Contract Amount: $ 1,101,688
Page 2
No. 3
Project Name/Number: Maintenance Service Agreement
Project Description: Remove and Replace Concrete at Various Locations
Approximate Construction Dates: From: 7/1/12 To: Present
Agency Name: City of Westminster
Contact Person: ToddMilIer Telephone: (714) 681-3020
Original Contract Amount: $345,000 Final Contract Amount: In Progress
No. 4
Project Name/Number: Reconstruction of Aulney Lane
Project Description: Remove & Replace Concrete Sidewalk Drive Approaches Curb Ramps Curb & Gutter
Approximate Construction Dates: From: 10/2012 To: 1/2013
Agency Name: City of Huntington Beach
Contact Person: Joseph Dale Telephone: 714 536-5915
Original Contract Amount: $478.569 Final Contract Amount: 478,569
Page 3
No. 5
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: Ciiv of Whittier
Contact Person: Kyle Cason Telephone: (562) 567-9511
Original Contract Amount: $1,022,001 Final Contract Amount: $ 1,022,001
No. 6
Project Name/Number: Old Town Resurfacing Program
Project Description: R&R Concrete Sidewalks Alleys Curb & Gutter
Approximate Construction Dates: From: 4/2010 To: 11/2010
Agency Name: City of Seal Beach
Contact Person: David S1 TeIe hone: 562) 431- 2527
Original Contract Amount: $1,500,000 Final Contract Amount: $ 1,730 000
No. 2
Project Name/Number
Project Description
Approximate Construction Dates: From
Agency Name
Contact Person
Telephone (
Original Contract Amount $ Final Contract Amount
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No. 3
Project Name/Number
Project Description
Approximate Construction Dates: From T
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.
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 claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No. 5
Project Name/Number
Project Description
Approximate Construction Dates: From
Agency Name
Contact Person
Telephone (
Original Contract Amount $ Final Contract Amount
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against 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 f" ial
conditions.
kD 6. Pr
Bidder Aun
t n a rp/Titia
12
City of Newport Beach
BAY AVENUE PAVEMENT RECONSTRUCTION
Contract No. 5580
NON -COLLUSION AFFIDAVIT
State of California )
) ss.
Countyof 01'4aae )
/1402 < kc,441d being first duly sworn, deposes and says that he or she is
Ff�y. 7t of Noyc /- 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
—
I declare under penalty of perjury of the laws of the State of California that Ite foregaiac =truendrrect.
Bidder Au nma na nrprritlp
Subscribed and sworn to (or affirmed) before me on this .Z ( %y of--7"A-r 2015
by + ►� proved to me on the basis of
satisfactory evidence td be the perso�Kwho appeared before me.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
[SEAL]
KAY E. ANDERSON
W
Commission # 20372Notary Public - California z
Orange County
M Comm. Expires Jun 27, --'-
13
My Commission Expires:
City of Newport Beach
BAY AVENUE PAVEMENT RECONSTRUCTION
Contract No. 5580
DESIGNATION OF SURETIES
Bidder's name 1VOb e5 f ChC
Provide the names, addresses, and phone numbers for all brokers and sureties from
whom Bidder intends to procure insurance and bonds (list by insurance/bond type):
LOtrt/h�rC�'ul S�trP ted %7(J6?%" /71
�,.IP�7{OE?� .�-nSttrc2aai� SP�G/iC�S
CO rgera fie Pal- k,
s2-
m
City of Newport Beach
BAY AVENUE PAVEMENT RECONSTRUCTION
Contract No. 5580
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name lkbeb f In(,
Record Last Five (5) Full Years
Current Year of Record
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
15
Current
Record
Record
Record
Record
Record
Yearof
for
for
for
for
for
Record
2014
2013
2012
2011
2010
Total
2015
No. of contracts
Total dollar
Amount f
o
71,1V
1,4/70
Contracts (in
Thousands of $
No. of fatalities
d
D
U
No. of lost
Workday Cases
(�
No. of lost
workday cases
involving
U
73
t1
Tl
(f
1
V
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.
15
Legal Business Name of Bidder ioobe� y' Tac,
Business Address: -7,00�}Cr� �, `� r�vP �� pyr G� f lc�
Business Tel. No.: 26)q,2 - x ,M5
State Contractor's License No. and
Classification: $6�
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 S'E�✓eta✓y
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature Requirements: If bidder is an individual, name and signature of individual
must be provided, if doing business under a fictitious name, the fictitious name must be
set fort along with the County. If bidder is a partnership or joint venture, legal name of
partnership/joint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the partnership/joint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the corporate seal, or submit with evidence of authority to act on behalf
of the corporation. All must be acknowledged before a Notary Public, who must certify
that such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
rNOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDt
16
CALIFORNIA ALL-PURPOSE
is ariv
•, , • , 1:
State of California
County of Oranlae
On before me, Kay E. Anderson/Notary Public
(Here insert name and title of the officer)
personally appeared Larry Nodland and Robert Nodland II
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),Jeare subscribed to
the within instrument and acknowledged to me thata'zG�they executed the same in Ihis9F,}e-t/their authorized
capacity(ies), and that by hiAar%their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
KAY E. ANDERSON
and official seal. Commission a 2031255 z
Z ;=w Notary Public - California z
r z Orange County >
(Notary Seal) 1M Comm. Expires Jun 27, 2017!
DESCRIPTION OF THE ATTACHED DOCUMENT
„(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages _ Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
IN Corporate Officer t s )
Larry Nodland—President
(Ti10)Robert Nodland II—Sec.
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
2008Version CAPAvl2.10.07800-873-9865 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
property completed and attached to that document The only excepnon is if a
document is to be recorded outside of Califorma. 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
California fl e. certlfying the authorized capacity of the signer). Please check the
document carefullyfor proper notarial wording and attach thisform rfrequfred
• State and County information must be the State and County where the document
signers) personally appeared before the notary public for acknowledgment
• Date of notarisation must be the date that the signer(s) personally appeared which
most also be the same date the acknowledgment Is completed.
• The notary public must print his or her came as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the names) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
hatshcl#wyr is /arra ) or circling the correct fonts. 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, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
p Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
e Indicate title or type of attached document, number of pages and date-
ee
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
City of Newport Beach
BAY AVENUE PAVEMENT RECONSTRUCTION
Contract No. 5580
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name I✓Ii�C>�i -�-A C ,
The bidder shall signify receipt of all Addenda here, if any, and attach executed
copy of addenda to bid documents:
Addendum No. Date Received Signature
17
City of Newport Beach
BAY AVENUE PAVEMENT RECONSTRUCTION
Contract No. 5580
INFORMATION REQUIRED OF BIDDER
Bidder certifies under penalty of perjury under the laws of the State of California that the
following information is true and correct: n
Name of individual Contractor, Company or Corporation:
Business Address: ago 4n7or ; Ale,
Telephone and Fax Number: F70f w -ffF,? 0(13 q
California State Contractor's License No. and Class:
(REQUIRED AT TIME OF AWARD) ��dd
Original Date Issued: 7'" 7 Expiration Date: 7'��'1 �G
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:
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
Corporation organized under the laws of the State of Cq n 6
in
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
All company, corporate, or fictitious business names used by any principal having
interest in this proposal are as follows:
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.
Have you 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 labor-�Q�ompliance (i.e. failure to
pay prevailing wage, falsifying certified payrolls, etc.)? Yes 095;
19
Are any claims or actions unresolved or outstanding? Yes /
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non-responsive.
Lary A?d/Clol
(Print n me of Owner or President
of Corporation/Comoanv)
XJ01 s(- rn
Bidder
Title
(4/-/
Date
On L ^ ?.i. --t S before me, f_ j!A! I C-7, h� SC otary Public, personally
appeared .ma, rsd a-1-.3 s:4. , who proved to me on the
basis of satisfactory evidence t be the p�erson whose name is su. crib d t the within
instrument and acknowled d t me that(h$/ e/t y executed Z same in t r/ authorized
capacity), and that by hi h /t r signt�a{t((�re on the instrument the perso or the entity upon
behalf o which the person cte 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.
Notary P li in and for said State
My Commission Expires: & -7-7,- f 7
20
(SEAL)
KAY,E.ANDERSON
Commission # 2031255
< ® - Notary Public - California z
z Orange County
My Camm. Expires Jun 27, 2017'
Corr-.
City of Newport Beach
BAY AVENUE PAVEMENT RECONSTRUCTION
Contract No. 5580
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the
"Notification of Award" to the successful bidder:
• CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
The City of Newport Beach will not permit a substitute format for these Contract
Documents. Bidders are advised to review their content with bonding, insuring and legal agents
prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance
Endorsement, and Automobile Liability Insurance Endorsement shall be provided as
required by the Contract documents and delivered to the Public Works Department within
ten (10) working days after the date shown on the Notification of Award to the successful
bidder.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an acceptable surety in
the latest revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class 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
J
BAY AVENUE PAVEMENT RECONSTRUCTION
CONTRACT NO. 5580
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 4th day
of March, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and NOBEST INC., a California
corporation ("Contractor"), whose address is 7600 Acacia Avenue, Garden Grove,
California 92841, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City has advertised for bids for the following described public work: The work
necessary for the completion of this contract consists of 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 (the "Project"
or "Work").
C. Contractor has been determined by City to be the lowest responsible bidder and
Contractor's bid, and the compensation set forth in this Contract, is based upon
Contractor's careful examination of all Contract documents, plans and
specifications.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. CONTRACT DOCUMENTS
The complete Contract for the Project includes all of the following documents:
Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion
Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A),
Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and
Standard Drawings, Plans and Special Provisions for Contract No. 5580, Standard
Specifications for Public Works Construction (current adopted edition and all
supplements), and this Contract, and all modifications and amendments thereto
(collectively the "Contract Documents"), all of which are incorporated herein by
reference. The Contract Documents comprise the sole agreement between the parties
as to the subject matter therein. Any representations or agreements not specifically
contained in the Contract Documents are null and void. Any amendments must be
made in writing, and signed by both parties in the manner specified in the Contract
Documents.
2. SCOPE OF WORK
Contractor shall perform everything required to be performed, and shall provide
and furnish all the labor, materials, necessary tools, expendable equipment and all utility
and transportation services required for the Project. All of the Work to be performed
and materials to be furnished shall be in strict accordance with the provisions of the
Contract Documents. Contractor is required to perform all activities, at no extra cost to
City, which are reasonably inferable from the Contract Documents as being necessary
to produce the intended results.
3. COMPENSATION
3.1 As full compensation for the performance and completion of the Project as
required by the Contract Documents, City shall pay to Contractor and Contractor
accepts as full payment the sum of Eight Hundred Twenty Six Thousand Dollars and
001100 ($826,000.00).
3.2 This compensation includes:
3.2.1 Any loss or damage arising from the nature of the Work;
3.2.2 Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
3.2.3 Any expense incurred as a result of any suspension or
discontinuance of the Work, but excludes any loss resulting from earthquakes of a
magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis,
and which loss or expense occurs prior to acceptance of the Work by City.
4. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times
during the term of the Contract. Contractor has designated Larry Nodland to be its
Project Manager. Contractor shall not remove or reassign the Project Manager without
the prior written consent of City. City's approval shall not be unreasonably withheld.
5. ADMINISTRATION
This Contract shall be administered by the Public Works Department. City's Public
Works Director, or designee, shall be the Project Administrator and shall have the
authority to act for City under this Contract. The Project Administrator or designee shall
represent City in all matters pertaining to the Work to be rendered pursuant to this
Contract.
Nobest, Inc. Page 2
6. 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 City expressly agree that in addition to all claims filing
requirements set forth in the Contract and Contract Documents, Contractor shall be
required to file any claim Contractor may have against City in strict conformance with
the Government Claims Act (Government Code 900 et seq.).
7. WRITTEN NOTICE
7.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Contract shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
7.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attention: Public Works Director
City of Newport Beach
Public Works Department
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658
7.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attention: Larry Nodland
Nobest, Inc.
7600 Acacia Avenue
Garden Grove, CA 92841
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Contract. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
Nobest, Inc. Page 3
Work, provided that Contractor is in compliance with the terms of this Contract.
Anything in this Contract that may appear to give City the right to direct Contractor as to
the details of the performance or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of
the Work.
9. BONDING
9.1 Contractor shall obtain, provide and maintain at its own expense during
the term of this Contract both of the following: (1) a Faithful Performance Bond in the
amount of one hundred percent (100%) of the total amount to be paid Contractor as set
forth in this Contract in the form attached as Exhibit B and incorporated herein by
reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred
percent (100%) of the total amount to be paid Contractor as set forth in this Contract
and in the form attached as Exhibit A and incorporated herein by reference,
9.2 The Faithful Performance Bond and Labor and Materials Payment Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category
Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide:
Property -Casualty.
9.3 Contractor shall deliver, concurrently with execution of this Contract, the
Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy
of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in
the State of California.
10. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
11. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
12. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract or for other periods as specified in the Contract Documents,
policies of insurance of the type, amounts, terms and conditions described in the
Nobest, Inc. Page 4
Insurance Requirements attached hereto as Exhibit C, and incorporated herein by
reference.
13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting power
or twenty-five percent (25%) or more of the assets of the corporation, partnership or
joint -venture.
14. PREVAILING WAGES
In accordance with the California Labor Code (Sections 1770 et seq.), the
Director of Industrial Relations has ascertained the general prevailing rate of per diem
wages in the locality in which the work is to be performed for each craft, classification,
or type of workman or mechanic needed to execute the contract. A copy of said
determination is available by calling the prevailing wage hotline number (415) 703-4774,
and requesting one from the Department of Industrial Relations. All parties to the
contract shall be governed by all provisions of the California Labor Code — including, but
not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981
inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the
job site.
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project
are identified in the Contractor's Proposal and are attached as part of the Contract
Documents. Contractor shall be fully responsible to City for all acts and omissions of
any subcontractors. Nothing in this Contract shall create any contractual relationship
between City and subcontractor, nor shall it create any obligation on the part of City to
pay or to see to the payment of any monies due to any such subcontractor other than as
otherwise required by law. City is an intended beneficiary of any Work performed by the
subcontractor for purposes of establishing a duty of care between the subcontractor and
City. Except as specifically authorized herein, the Work to be performed under this
Contract shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City
16. RESPONSIBILITY FOR DAMAGES OR INJURY
16.1 City and its elected or appointed officers, agents, officials, employees and
volunteers shall not be responsible in any manner for any loss or damage to any of the
materials or other things used or employed in performing the Project or for injury to or
Nobest, Inc. Page 5
death of any person as a result of Contractor's performance of the Work required
hereunder, or for damage to property from any cause arising from the performance of
the Project by Contractor, or its subcontractors, or its workers, or anyone employed by
either of them.
16.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by Contractor.
16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees
and volunteers (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this Contract,
any Work performed or Services provided under this Contract including, without
limitation, defects in workmanship or materials or Contractor's presence or activities
conducted on the Project (including the negligent, reckless, and/or willful acts, errors
and/or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable for any or all of them).
16.4 Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Contract. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by Contractor.
16.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Project Work.
16.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
Nobest, Inc. Page 6
16.7 Nothing in this Section or any other portion of the Contract Documents
shall be construed as authorizing any award of attorneys' fees in any action to enforce
the terms of this Contract, except to the extent provided for above.
16.8 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
17. CHANGE ORDERS
17.1 This Contract may be amended or modified only by mutual written
agreement of the parties.
17.2 The Contractor shall only commence work covered by a change order
after the change order is executed and notification to proceed has been provided by the
City.
17.3 There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
18. CONFLICTS OF INTEREST
18.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Contract, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
18.2 If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Contract by City. Contractor shall indemnify and hold harmless City
for any and all claims for damages resulting from Contractor's violation of this Section.
19. TERMINATION
19.1 In the event that either party fails or refuses to perform any of the
provisions of this Contract at the time and in the manner required, that party shall be
deemed in default in the performance of this Contract. If such default is not cured within
a period of two (2) calendar days, or if more than two (2) calendar days are reasonably
required to cure the default and the defaulting party fails to give adequate assurance of
due performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non -defaulting party may terminate the Contract forthwith by giving to the defaulting
party written notice thereof.
19.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract at any time by giving seven (7)
calendar days prior written notice to Contractor. In the event of termination under this
Nobest, Inc. Page 7
Section, City shall pay Contractor for Services satisfactorily performed and costs
incurred up to the effective date of termination for which Contractor has not been
previously paid. On the effective date of termination, Contractor shall deliver to City all
materials purchased in performance of this Contract.
20. STANDARD PROVISIONS
20.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Contract.
20.2 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator.
20.3 Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
20.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
20.5 Interpretation. The terms of this Contract shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Contract or any other rule of
construction which might otherwise apply.
20.6 Amendments. This Contract may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
20.7 Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
20.8 Controlling Law and Venue. The laws of the State of California shall
govern this Contract and all matters relating to it and any action brought relating to this
Contract shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
20.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
Nobest, Inc. Page 8
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
20.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this contract, the prevailing party shall not be entitled to attorneys' fees.
20.11 Counterparts. This Contract may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
21. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Contract and all other Contract Documents by Contractor is a
representation that Contractor has visited the Project site, has become familiar with the
local conditions under which the Work is to be performed, and has correlated all
relevant observations with the requirements of the Contract Documents.
22. WAIVER
A waiver by City or any term, covenant, or condition in the Contract Documents
shall not be deemed to be a waiver of any subsequent breach of the same or any other
term, covenant or condition.
23. RECITALS
City and Contractor acknowledge that the above Recitals are true and correct
and are hereby incorporated by reference into this Contract.
[SIGNATURES ON NEXT PAGE]
Nobest, Inc. Page 9
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY AT RN Y' OFFICE
Date: '111qAA 1,
By: 1M�
Vl�
Aaron C. Harp (Amar.jA l�—
City Attorney
ATTEST:
Date: 3 /1' 16
By:
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a California municipal c9rporation
Date: 3- d ► 5
B G
Ed and UD.SelicVh\�-
Mayor
CONTRACTOR: Nobest, Inc., a California
corporation
Dai
in
90
By:
Robert Nodland
Secretary
[END OF SIGNATURES]
Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
Nobest, Inc. Page 10
o
State of California
County of Orange
On ® !J before me, Bay E. Anderson/Notary Public
(Here insert name and tine of the officer)
personally appeared Larry Nodland and Robert Nodland II
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s);eare subscribed to
the within instrument and acknowledged to me that„hd�Wthey executed the same in thislhetttheir authorized
capacity(ies), and that by lYis7Wtheir 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.
KAY E. tNIDERS'N
WITNESS y h d official seal.
7...
Commtss tan a zo31 255 Notar Y Public . California i
Orange County >
(Notary Seep Ohm. Expires Jun 27, 2617 r
Si tore of Notary Public
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
„(Title or description of attached dacument)
(Tine or description of attached document continued)
Number of Pages _ Document Date
(Additional information)
CAPACITY CLABvIED BY THE SIGNER
❑ Individual (s)
IN Corporate Officer ( s )
Larry Nodland—President
(Tine)Robert Nodland II—Sec.
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California mart contain verbiage exactly as
appears above in the weary section or a separate acknowledgment form mast be
properly completed and attached to that document. The only esception is if a
document is to be recorded outside of Califorata 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 filegul for a notary in
California ft . certifyfag the authorized capacity of the signer). Please check the
document carefdlyfor proper notarial wording and attach thisform if reiltured
• 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 her
commission followed by a comma and then your tine (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarustion.
• Indicate the correct singular or plural forms by crossing off incorrect Coons (Le.
helshetntey;-is /are) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The nary 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 permits, otherwise complete a different acknowledgment faro.
• Signature of the notary public must match the signature on file with the office of
the county clerk
Oe Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
ei Indicate title or type of attached document, number of pages and date.
i Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the tine (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
THE FINAL PREMIUM IS
PREDICATED ON THE
FINAL CONTRACT PRICE
MtifelYrl
CITY OF NEWPORT BEACH
BOND NO. CAC711707
WHEREAS, the City of Newport Beach, State of California, has awarded to
Nobest Incorporated hereinafter designated as the "Principal," a contract for 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, in the City of Newport Beach, in strict conformity with the
Contract on file with the office of the City Clerk of the City of Newport Beach, which is
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other
supplies used in, upon, for, or about the performance of the Work agreed to be done, or
for any work or labor done thereon of any kind, the Surety on this bond will pay the
same to the extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
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 and firmly bound unto the City of Newport Beach, in the sum of
Dollars ($826.000.00 ) 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.
'Eight Hundred Twenty Six Thousand and 00/100
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 attorneys' fee, to be fixed by the Court as
required by the provisions of Section 9554 of the Civil Code of the State of California.
Page A-1
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 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 shalt 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 5th day of February 2015
Nobest Incorporated
Name of Contractor (Principal)
Merchants Bonding Company (Mutual)
Name of Surety
2100 Fleur Drive, Des Moines, IA 50321
Address of Surety
(800) 678-8171
Telephone
Authorized S Yure/Titie
;
4Authorized Agent Signat
Arturo AXala Attomey-in-Fact
Print Name and Title
NOTARYACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Page A-2
♦k �' � § fl/' � s ♦ k<, ( �ii I tiQ liv y, v , f
State of California
County of Orange
OnFebruary 5,2015 before me, Pay E. Anderson/Notary Public
(Here insert came and title of the officer)
personally appeared Larry Nodland
who proved to me on the basis of satisfactory evidence to be the persons) whose namc(W is/_pesubscribed to
the within instrument and acknowledged to me that he%heltpy-executed the same in his/har*e authorized
capacity(ie4, and that by hisjaeeffierrsignatureXon the instrument the persons}; or the entity upon behalf of
which the personacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
KAY E�ANDc 0
did official seal, commission # 2031255
/ Notary Public - California i
go, Orange County
(Notary Seal) M Comm. Ex ires Jun'27, 2017
ry Public
+
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
„(Title or description of attached document)
(Title or description ofattached document continued)
Number of Pages _ Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
N
Corporate Officer
President
(Title)
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
2008 Version CAPA v12.10.07800-873-9865 www.NotaryClasses.com
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acbrowledgmem 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 imiewee 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 far a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefullyfor proper notarial wording and attach this form if required
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment
• Date of notarization must be the date that the signer(s) personally appeared which
most also be the same date the acknowledgment is completed.
• The notary public must print his or her time as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural fortes by crossing off incorrect forms (Le.
haisheHhey- is lave ) 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 cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
<'s Additional information is not required but could help to enstrre this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached documcent, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (Le. CEO, CFO, Secretary).
Securely attach this document to the signed document
State of California
County of , ) ss.
On 20 before. me,
Notary Public, personally appeared
who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
, who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/shelthey executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct. ,
WITNESS my hand and official seal.
Signature (seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of Orange
On 2/5/15 before are, Susan Pugh , Notary Public,
Date Irsert Name of Notary exasd'y as d appears of the oThdal seal
personally appeared Arturo Ayala
Names)ofs nerts)
A
t r� r, i 1 w
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/a)-- subscribed to the
within instrument and acknowledged to me that he/sheftey
executed the same in his/hexlthak authorized capacity(ass),
and that by his/haMhak signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the Instrument.
I certify under PENAL', Y 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 C1sb n
Fic, Notary S+xal Ahove Slgnatuneof Notary Pu1A.0 Sdsan Pugh
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent reattachment fraudulent removal and of the form to another document.
Description of Attached Document
Title or Type of Document: _Labor and Materials Payment Bond
Document Date: --.-2/5/15 Number of Pages: Two
Signer(s) Other Than (Named Above: None
Capacity(ies) Claimed by Signer(s)
Signers Name: Arturo Ayala
❑ Individual
❑ Corporate Officer—Title(s):
❑ Pa:tnrr ❑Limited El Genera'
9 Atdumey in Fact
❑ Tnstee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Signer's Name:
❑ Individual
❑ Corporate Officer —Title(s): _
❑ Partner ❑ Limited ❑ Genera
❑ Attorney in Pact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
MERCHANTSiLV TS Bond No. CAC711707
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 California their true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of'.
TEN MILLION ($10,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authodzed officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of
Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc., on October 24, 2011.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the
seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof.
The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to
any Power of Attomey 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 13thday of August , 2014.
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STATE OF IOWA rt•• a"
COUNTY OF POLK ss. „s•r•....r<ut•+"
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
By /-Z,,Z7
President
On this 13th day 0f August . 2014, before me appeared Larry Taylor, tome personally known., who being by me duly sworn did
say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and
that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and
sealed in behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year
first above written.
o A `s WEN WOODY
v Commission Number 784654 My Commission Expires
June 20, 2017
Notary Public, Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on
this 5th day of February 2015
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POA 0014 (7114)
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Secretary
THE FINAL PREMIUM IS
PREDICATED ON THE
FINAL CONTRACT PRICE
The premium charges on this Bond is $11,760.00 , being at the
rate of $25.001$15.00 /$10.00 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
Nobest Incorporated hereinafter designated as the "Principal," a contract for 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, in the City of Newport Beach, in strict conformity with the
Contract on file with the office of the City Clerk of the City of Newport Beach, which is
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Contract.
NOW, THEREFORE, we, the Principal, and Merchants Bonding Company (Mutual)
, duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of
Dollars ($826,000.00 ) lawful money of the United
States of America, said sum being equal to 100°l0 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.
"Eight Hundred Twenty Six Thousand and 00/100
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.
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
Page B-1
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the
Principal in full force and effect for one (1) year following the date of formal acceptance
of the Project by City.
In the event that the Principal executed this bond as an individual, it is agreed
that the death of any such Principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by
Principal and Surety above named, on the 5th day of February 1201 5__.j
Nobest Incorporated
Name of Contractor (Principal)
Merchants Bonding Company (Mutual)
Name of Surety
2100 Fleur Drive, Des Moines, IA 50321
Address of Surety
(800) 678-8171
Telephone
Agent S
Arturo Ayala Attorney -in -Fact
Print Name and Title
NOTARYACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Page B-2
h
t �
1 4 ti l
State of California
County of Orange
On February 5,2015 before me, Kay E. Anderson/Notary Public
(Here insert name and title of the officer)
personally appeared Larry Nodland
who proved to me on the.basis of satisfactory evidence to be the person()whose nameWis/#re'Subscribed to
the within instrument and acknowledged to me that be/ffidffiprexecuted the same in his/bzr/t7 eir authorized
capacity, and that by his/Jaee' beif signatures on the insttrrument the perso"'W, or the entity upon behalf of
which the personacted, executed the instrument.
I certify.under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
KAYE ANDERSON
and official seal, Commission # 2031255
Z , - Notary Public -California
lsfty
'Q
Orange County
ary Public (Notary Seat) My Comm. Expires Jun 27, 2017+
F41 1101 ► Y ' 1►1 ! rt Y t el
DESCRIPTION OF THE ATTACHED DOCtJNIENT
(,(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages _ Document Date
(Additional information)
CLAIMED BY THE SIGNER
Individual(s)
Corporate Officer
FCAPACITY
President
Critic)
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 most contain verbiage exactly as
appears above in the rotary section or a separate acknowledgment form most 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 ev, the
verbiage does not require the notary to do something that a illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefuIIyjorproper 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 he the date that the signers) 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 your title (nofaty public).
• Print the narne(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the comet singular or plural fors by crossing off incorrect forms (i.e.
ltatsheldws , is /era ) or circling the correct fors. Failure to correctly indicate this
inflammation 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.
• 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.
s 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
ACKNOWLEDGMENT
State of California
County of
On 20 before me,
Notary Public, personally appeared
who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/shelthey executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Islare
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
A notary public or other officer completing this certificate verifies only `the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of Orange
On 2/5/15 before me. Susan Pugh , Notary Public,
Date Insert Nanm of b��,aryy exactly as it appears on the off, tial sea?
personally appeared Arturo Ayala
Namas; of 4"rgner(s)
�r
>`��� r'� to ;'•
t c t
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(%) Ware subscribed to the
within instrument and acknowledged to me that he/she"
executed the same in hisilitexfteir authorized capacity(ast%),
and that by his1ha that signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official sea.
Signature
Peace Notary Seal Abosv 5asg�'�atcre of Notary Pubf Susan Pugh
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document: Faithful Pereformance Bond
Document Date: 2/5/15 Number of Pages:
Signer(s) Other Than Named Above: None
Capacity(ies) Claimed by Signer(s)
Signer's Name: Arturo Ayala
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner ❑ Limited ❑ Genera!
9 Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Signer's Name:
❑ Individual
❑ Corporate Officer —Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
MERCHANTS S Bond No. CAC711707
BONDING COMPANY,
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"),
and that the Companies do hereby make, constitute and appoint, individually,
Andrew Waterbury; Arturo Ayala; Daniel Huckabay; Dwight Reilly
of Orange and State of California their true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of:
TEN MILLION ($10,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of
Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc., on October 24, 2011.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the
seal of the Company thereto, bonds and undertakings, 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 13thday of August . 2014
a,.. Ak/,biH1
R�t0({'�C�A�'••�10yNC�.....
1
,oar
. MERCHANTS BONDING COMPANY (MUTUAL)
3`a�j:`[[t��•a')`4j,��(}'q
0�•'OPPORy'9y MERCHANTS NATIONAL BONDING, INC.
o• 3•
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c• Secretary
• `L'• 1933 -"c-
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STATE OF IOWA Yt• ...
,••
•
COUNTY OF POLK ss. `"'"•�••"""00
• • • President
On this 13thday of August 2014, 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.
PµIA(S WENDY WOODY
a Commission Number 784654
z My Commission Expires
rowP June 20, 2017
Notary Public, Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK as.
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 5th day of February 2015
n,nerrurr
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c• Secretary
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POA 0014 y � •. ...::a<�rr14
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(7(14) j
EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Contract, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee for bodily injury by accident and each employee for bodily
injury by disease in accordance with the laws of the State of California,
Section 3700 of the Labor Code, in addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with California law for all of
the subcontractor's employees. The insurer issuing the Workers'
Compensation insurance shall amend its policy by endorsement to waive
all rights of subrogation against City, its elected or appointed officers,
agents, officials, employees and volunteers. Contractor shall submit to
City, along with the certificate of insurance, a Waiver of Subrogation
endorsement in favor of City, its elected or appointed officers, agents,
officials, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate and two
million dollars ($2,000,000) completed operations aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
Nobest, Inc. Page C-1
insured contract (including the tort liability of another assumed in a
business contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials employees and
volunteers or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers
and insurance clauses from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its elected or appointed officers, agents, officials employees and
volunteers shall be included as additional insureds under such policies.
C. Primary and Non Contributory. Contractor's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to
City, its elected or appointed officers, agents, officials, employees and
volunteers. Any insurance or self-insurance maintained by City shall be
excess of Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. All of the executed
Nobest, Inc. Page C-2
documents referenced in this Contract must be returned to City within ten
(10) regular City business days after the date on the "Notification of
Award". Insurance certificates and endorsements must be approved by
City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during
the term of this Contract. City reserves the right to require complete,
certified copies of all required insurance policies, at anytime.
B. City's Right to Revise Requirements. The City reserves the right at any
time during the term of the Contract to change the amounts and types of
insurance required by giving Contractor ninety (90) calendar days
advance written notice of such change. If such change results in
substantial additional cost to Contractor, City and Contractor may
renegotiate Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Contractor shall require and verify that
all subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Exhibit A are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Contractor. Any available proceeds in excess of specified minimum
limits of insurance and coverage shall be available to the City.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use
any self-insured retentions on any portion of the insurance required herein
and further agrees that it will not allow any indemnifying party to self -
insure its obligations to City. if Contractor's existing coverage includes a
Nobest, Inc. Page C-3
self-insured retention, the self-insured retention must be declared to City.
City may review options with Contractor, which may include reduction or
elimination of the self-insured retention, substitution of other coverage, or
other solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
G. City Remedies for Non Compliance. If Contractor or any subcontractor
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Contract, or to suspend Contractor's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Contractor or
reimbursed by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage.under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
I. Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Contract are intended to
apply to the full extent of the policies. Nothing contained in this Contract
or any other agreement relating to City or its operations limits the
application of such insurance coverage.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this
or any other Contract or agreement with City. Contractor shall provide
proof that policies of insurance required herein expiring during the term of
this Contract have been renewed or replaced with other policies providing
at least the same coverage. Proof that such coverage has been ordered
shall be submitted prior to expiration. A coverage binder or letter from
Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be
provided to City with five (5) calendar days of the expiration of the
coverages.
Nobest, Inc. Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 3/5/15 Dept./Contact Received From: Raymund
Date Completed: 3/6/15 Sent to: Raymund By: Chris/Alicia
Company/Person required to have certificate: Nobest, Inc.
Type of contract: All Other
I.
GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/1/14 to 10/1/15
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?
D. LIMITS (Must be $1M or greater): What is limit provided?
E. ADDITIONAL INSURED ENDORSEMENT — please attach
F. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
G. ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
J. CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence' wording?
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
L. NOTICE OF CANCELLATION:
® Yes ❑ No
$1,000,000 /$2,000,000
® Yes ❑ No
■ Yes
►/ No
// NIA ■ Yes
■ No
■ N Yes
■ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/1/14 to 10/1/15
A.
INSURANCE COMPANY: Travelers Indemnity Company of CT
B.
AM BEST RATING (A-: VII or greater) A++; XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
0 Yes ® No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
$1,000,000
E.
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ® Yes ❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 10/1/14 to 10/1/15
A. INSURANCE COMPANY: Travelers Property Casualty of Company of America
B. AM BEST RATING (A-: VII or greater): A++; XV
C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No
D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1,000,000
F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ®N/A ❑ Yes ❑ No
H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
Z N/A ❑ Yes ❑ No
V BUILDERS RISK
/� ■
App
roved:
3/6/15
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ } ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Auto Liability Licensing is not available on AM Best — Need Risk Management Approval — 1/31/13 Approved by
Approved:
Risk Management
* Subject to the terms of the contract.
Date
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BAY AVENUE PAVEMENT RECONSTRUCTION
CONTRACT NO. 5580
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Gentlemen:
FIR 1of6
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. 5580 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
1. Lump Sum MobilizationandDemobilization
@�/71P� d� ���uDollars
Cents $ Z gclld'
Per Lump Sum
2. Lump Sum Traffic Control
@ TVIeIVP '140450J Dollars
and { 10
1, Cents $
Per Lump Sum
3. Lump Sum Surveying Services
Dollars
and $ U / �' f(Jop
Z err Cents l
Per Lump Sum
PR2of6
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
El
5.
0
N
Q
Lump Sum Provide As -Built Drawings
@ Three Thousand Dollars
and
Zero Cents $ 3,000.00
Per Lump Sum
81,000 S.F. Remove & Reconstruct 8 -in Thick
PCC Street Pavement
@ a k Dollars
and
Ten Cents
Per Square Foot
500 C.Y. Import Sand for Pavement
Subbase
@ Th LL-t�� _Dollars
and
p
?SCJ Cents $ �0, $
Per Cubic Yard
400 L.F. Remove & Reconstruct
Type "B" PCC Curb
@ �ur�2t�_ T• Dollars
'Z Oro
and
00ts $
Per Linear Foot
700 S.F. Remove & Reconstruct 8 -in Thick
PCC Alley Approach
@ rIPUQp, Dollars
and06'06'7 U
Cents $ _J/,
/j $ _
Per Square Foot
2,000 S.F. Remove & Reconstruct 6 -in Thick
PCC Driveway Approach
@ Dollars
and
Z �'✓ Cents $ 8. $ ! 9 �
Per Square Foot
PR3of6
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
10. 4,000 S.F. Remove & Reconstruct 4 -in Thick
PCC Sidewalk
@ � l,x Dollars
and S�
_Cents $ $
Per Square Foot
11. 1 EA. Remove & Replace Water Meter Boz
@ EI Et Dollars
and 0.4
Z e/O Cents $ $
Per Each
12, 7 EA. Remove & Replace Water Valve
Frame and Cover
@ 0A ffUNJ/'e/ Dollars
and �?
-Z e/'o Cents $ t $ 70.
Per Each
13. 8 EA. Remove & Replace Sewer Cleanout
Frame and Cover to Grade
@ OiY /%n/f6V Dollars
and
e/p Cents $ t �U $
Per Each
14. 4 EA. Adjust Manhole Frame
and Cover to Grade
@1"Oclr .—Ya"Jff *Dollars 0-6
and L%��//��fG'
_ �_ero Cents $ LJ✓= $ t /�
Per Each
15. 8 EA. Prune Tree Root Tree Prune
@�W8 �(Mlhd �; r'�VI)ollars
and
aG
'7-M Cents $ OC W. $
Per Each
@ Dollarsand d�
2 �! 3- ge
Cents $ $ (��
Per Square Foot
20. 1 EA. Remove & Reconstruct Catch Basin Top Slab
and Local Depression
@ ReUM �AQ( qd Dollars
Z �T�
Cents
Per Each
21. 11 EA. Construct 18 -in by 18 -in
Seep Drain Grate Inlet
/�
r rbV0�����
@Oil P, Thou54Dollars
Z P
Cents $ 624d
Per Each
PR4of6
TOTAL
ITEM QUANTITY
ITEM DESCRIPTION AND UNIT
UNIT
AND UNIT
PRICE WRITTEN IN WORDS
PRICE
PRICE
16. 80 L.F.
Install Root Barrier
@Tw-ew Dollars
and
�lfd
Cents
$ $
Per Linear Foot
17, 18 EA.
Remove and Reconstruct PCC
Curb Access Ramp
@ 1W6' aaSq rV2 Do llrs
and
2
01C
-el"o Cents
$ �,v $
Per Each
18. 3 EA.
Install Raised Truncated Dome and
Grind Ramp Lip at Existing Access Ramp
@ S / X, fAIVIed Dollars
and
Cents
$
Per Each
19. 1,500 S.F.
Remove Exist. Parkway Hardscape
and Backfill with Top Soil
@ Dollarsand d�
2 �! 3- ge
Cents $ $ (��
Per Square Foot
20. 1 EA. Remove & Reconstruct Catch Basin Top Slab
and Local Depression
@ ReUM �AQ( qd Dollars
Z �T�
Cents
Per Each
21. 11 EA. Construct 18 -in by 18 -in
Seep Drain Grate Inlet
/�
r rbV0�����
@Oil P, Thou54Dollars
Z P
Cents $ 624d
Per Each
PR5of6
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
22. 5 EA. Remove and Replace Electrical
Pull Box to Grade
@ S;/ 4(djlfed Dollars
and �� 09��d Cents $ $ J
Per Each
23. 10 EA. Install #6 Pull Box
@ �Do(rs
andelo
-zr�
�1� Cents $ l y$
Per Each
24. 3,800 L.F. Install Pull Rope and #10 Green Wire
@
912e Dollars
and
Cents $
Per Linear Foot
25. 1,200 L.F. Install 2.5 -in HDPE Conduit -
Directional Drill
@ TA r fd V Dollars
and�J/� dl
,Z eM Cents $ 3 $ l
Per Linear Foot
26. 2,300 L.F. Install 2.5 -in HDPE Conduit -
Open Trench
@ �i Xyew Dollars as c G
and / p
-z_ eW Cents $
Per Linear Foot
27. 1 EA. Install Splice Vault and Li
@_C)t& %hD�i44n,/ �r V Dollars r��
and
-7--2('d Cents $ �((� $
Per Each
PR6of6
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
28. Lump Sum Install Signs, Striping, Pavement
and Curb Markings
@ i0e C°4 ?Thl ll'460r Dollars
and v
P�0 Cents
Per Lump Sum
29. 1 EA. Remove and Replace Sewer Main Terminal
Cleanout Frame and Cover to Grade
@ ��D n�P Dollars
and
PdY� Cents
Per Each
30. 200 L.F. Remove & Reconstruct
Type "A" PCC Curb and Gutter
@ Roe Dollars Z � 1 � Q PfO and I �. �i $ CC
Cents $
Per Linear Foot �—
TOTAL PRICE IN WRITTEN WORD j,, i'i jhr`t-14��I'l 7141e,47V
and ?� -PSG Cents
Date
jy g9v-�sv L7jyi 37-°°.q
Bidder's Telephone and Fax Numbers
��q/� ,2'? 14
Bidder's License No(s)
and Classification(s)
Bidder's email address: (-afy.
eg
Total Price (Figures)
vP.
Bidder's Address
0 a rdon (-t'ove, K4 �'Vql
Id1P.34 riTL�77:6�7_l=.ii��d 7i1
INDEX
FOR
SPECIAL PROVISIONS
BAY AVENUE PAVEMENT RECONSTRUCTION
CONTRACT NO. 5580
TRAFFIC SIGNAL SPECIAL PROVISIONS SUPPLEMENTAL
PART 1 - GENERAL PROVISIONS
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-6 WORK TO BE DONE
2-9 SURVEYING
2-9.1 Permanent Survey Markers
2-9.2 Line and Grade
SECTION 3 -CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.3 Markup Replace this section with the following:
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.4 Inspection and Testing
SECTION 5 - UTILITIES
5-1 LOCATION
5-2 PROTECTION
5-7 ADJUSTMENTS TO GRADE
1
1
1
1
2
2
2
2
2
3
3
3
3
3
3
3
3
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4
6-1.1 Construction Schedule 4
6-7 TIME OF COMPLETION 4
6-7.1 General 4
6-7.2 Working Days 4
6-7.4 Working Hours 5
6-9 LIQUIDATED DAMAGES 5
6-11 CONSTRUCTION PHASING 5
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 6
7-1 THE CONTRACTOR'S EQUIPMENT AND FACIUITIES 6
7-1.2 Temporary Utility Services 6
7-7 COOPERATION AND COLLATERAL WORK 6
7-8 WORK SITE MAINTENANCE 6
7-8.4.3 Storage of Equipment and Materials in Public Streets 7
7-8.6 Water Pollution Control 7
7-8.6.2 Best Management Practices (BMPs) 7
7-8.7.2 Steel Plates 8
7-10 PUBLIC CONVENIENCE AND SAFETY 8
7-10.1 Traffic and Access 8
7-10.3 Street Closures, Detours and Barricades
8
7-10.4 Safety
9
7-10.4.1 Safety Orders
9
7-10.5 "No Parking' Signs
9
7-10.6 Notices to Residents
10
7-15 CONTRACTOR'S LICENSES
10
7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS
10
SECTION 9 - MEASUREMENT AND PAYMENT
11
9-3 PAYMENT
11
9-3.1 General
it
9-3.2 Partial and Final Payment.
15
PART 2 - CONSTRUCTION MATERIALS
15
SECTION 201--- CONCRETE, MORTAR, AND RELATED MATERIALS
15
201-1 PORTLAND CEMENT CONCRETE
15
201-1.1 Requirements
15
201-1.1.2 Concrete Specified by Class and Alternate Class
15
201-2 REINFORCEMENT FOR CONCRETE
16
201-2.2 Steel Reinforcement
16
201-2.2.1 Reinforcing Steel
16
SECTION 206 --- MISCELLANEOUS METAL ITEMS
16
206-7 SIGNS AND SIGN POSTS
16
206-7.1 General.
16
SECTION 210 --- PAINT AND PROTECTIVE COATINGS
16
210-1 PAINT
16
210-1.4 Paint Materials
16
SECTION 212 --- LANDSCAPE AND IRRIGATION MATERIALS
17
212-1 LANDSCAPE MATERIALS
17
212-1.6 Root Barriers
17
SECTION 214 --- PAVEMENT MARKERS
17
214-4 NONREFLECTIVE PAVEMENT MARKERS
17
214-5 REFLECTIVE PAVEMENT MARKERS
17
PART 3 - CONSTRUCTION METHODS
17
SECTION 300 - EARTHWORK
17
300-1 CLEARING AND GRUBBING
17
300-1.3 Removal and Disposal of Materials
17
300-1.3.1 General
17
300-1.3.2 Requirements
18
300-1.5 Solid Waste Diversion
18
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
18
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND
DRIVEWAYS
18
303-5.1 Requirements
18
303-5.1.1 General
18
303-5.5 Finishing
19
303-5.5.1 General
19
303-5.5.2 Curb
19
303-5.5.4 Gutter
19
SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION 19
[ii]
308-1 General
19
SECTION 310 - PAINTING
20
310-5 PAINTING VARIOUS SURFACES
20
310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings
20
310-5.6.6 Preparation of Existing Surfaces
20
310-5.6.7 Layout, Alignment, and Spotting
20
310-5.6.8 Application of Paint
20
310-5.6.11 Pavement Markers
21
SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL
312-1 PLACEMENT
TRAFFIC SIGNAL SPECIAL PROVISIONS SUPPLEMENTAL
22
22
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
BAY AVENUE PAVEMENT RECONSTRUCTION
CONTRACT NO, 5580
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Plans (Drawing No. R -6044-S); (3) the City's
(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 for Public Works Construction may
be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA
92802, 714-517-0970.
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated
hereinafter:
PART 1 - GENERAL PROVISIONS
SECTION 2 - SCOPE AND CONTROL OF THE WORK
l+�RfiT7; • � � � q
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."
2-9 SURVEYING
2-9.1 Permanent Survey Markers
Delete this section and replace with the following: "The Contractor shall, prior to the
beginning of work, inspect the project for existing survey monuments and then schedule
a meeting with the City Surveyor to walk the project to review the survey monuments.
Page 1 of 22
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."
2-9.2 Line and Grade
Add to this section: "The Contractor's California Licensed Land Surveyor shall
utilize/follow the existing City survey records used for the project design to provide all
construction survey services that are required to construct the improvements. The
design surveyor for this project is Coast Surveying, Inc. in Tustin, CA, and can be
contacted at (714) 918-6266. At a minimum, two (2) sets of cut -sheets for all areas shall
be included in the bid price and copies of each set shall be provided to City 48 -hours in
advance of any work. in addition, the filing of a Corner Record and/or a Record of
Survey with the County Surveyor's Office is required after the completion of Work. Prior
to any demolition Work the Contractor shall prepare and submit the Corner Records for
review by the City a minimum of three (3) working days before the anticipated Work.
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.3 Markup Replace this section with the following:
"(a) Work by Contractor. The following percentages shall be added to the
Contractor's costs and shall constitute the markup for all overhead and profits:
1)
Labor ............................................
15
2)
Materials .......................................
15
3)
Equipment Rental ...........................
15
4)
Other Items and Expenditures ...........
15
To the sum of the costs and markups provided for in this subsection, one (1)
percent 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.
Page 2 of 22
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
Add Section 4-1.3.4 Inspection and Testing
4-1.3.4 Inspection and Testing
All material and articles furnished by the Contractor shall be subject to rigid inspection,
and no material or article shall be used in the work until it has been inspected and
accepted by the Engineer. The Contractor shall furnish the Engineer full information as
to the progress of the work in its various parts and shall give the Engineer timely (48 -
hours minimum) notice of the Contractor's readiness for inspection. Submittals are
required for all construction material.
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Special Provisions and these Special
Provisions. When, in the opinion of the Engineer, additional tests and retesting due to
failed tests or inspections are required because of unsatisfactory results in the manner
in which the Contractor executed the work, such tests and inspections shall be paid for
by the Contractor."
SECTION 5 - UTILITIES
5-1 LOCATION
Add the following after the 3rd paragraph: "Within seven (7) Calendar days after
completion of the work or phase of work, the Contractor shall remove all USA utility
markings. 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."
Add Section 5-7 ADJUSTMENT TO GRADE
5-7 ADJUSTMENTS TO GRADE
The Contractor shall adjust or replace to finish grade of City -owned water meter boxes,
water valve covers, sewer manholes, sewer cleanouts and survey monuments.
Page 3 of 22
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 50
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."
6-7.2 Working Days
Revise 3) to read: "any City holiday, defined as January 15t (New Year's Day), the third
Monday in January (Martin Luther King Day), the third Monday in February (President's
Page 4 of 22
Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September
(Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in
November (Thanksgiving and Friday after, December 24t" (Christmas Eve),
December 25th (Christmas), and December 315 (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 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 $1,000.00.
Revise paragraph two, sentence one, to read: "Execution of the Contract shall
constitute agreement by the Agency and Contractor that the above liquidated damages
per day is the minimum value of the costs and actual damage caused by the failure of
the Contractor to complete the Work within the allotted time.
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly preplanned continuous sequence so as to minimize
inconvenience to residences, businesses, vehicular and pedestrian traffic, and the
public as a result of construction operations."
6-11 CONSTRUCTION PHASING
A. The Contractor shall complete all roadway items on each block prior to starting
construction on other areas. No more than one street section or block shall be
under construction at a time without written permission from the Engineer.
Page 5 of 22
B. Construction shall be executed in a manner to ensure unobstructed access to all
garages and driveways during non -working hours.
C. The Contractor shall schedule his work in order to minimize the inconvenience to
the public.
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
7-1.2 Temporary Utility Services
Add to the end of this section: "if the Contractor elects to use City water, he shall
arrange for a meter and tender a $1,073.21 meter deposit with the City. Upon return of
the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly
charge for meter use, a charge for water usage and any repair charges for damage to
the meter.
Water used during construction shall be paid for by the Contractor. This includes water
for flushing and pressure testing water lines, compaction, 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 provide the City advanced notice a minimum of seven
calendar days prior to the time he desires the shutdown of water and/or sewer facilities
to take place.
A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00
p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will
be allowed. The Contractor will be responsible for completing all water connections
within the time period allowed. The times and dates of any utility to be shut down must
be coordinated with the Engineer. The City must approve any nighttime work in
advance. It is the Contractor's responsibility to notify the affected business and
residents of the upcoming water shutdown with a form provided by the Engineer at least
48 hours minimum in advance of the water shut down."
7-8 WORK SITE MAINTENANCE
Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets
Page 6 of 22
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."
va-mi hTAP=- ; 7lRi�=* # •, • 1
Add to this section: "Surface runoff water, including all water used during sawcutting
operations, containing mud, silt or other deleterious material due to the construction of
this project shall be treated by filtration or retention in settling basin(s) sufficient to
prevent such material from migrating into any catch basin, Newport Harbor, the beach,
or the ocean. The Contractor shall also comply with the Construction Runoff Guidance
Manual which is available for review at the Public Works Department or can be found
on the City's website at www.newportbeachca.gov/publicworks and clicking on permits,
then selecting the link Construction Runoff Guidance Manual. Additional information
can be found at www.cleanwaternewport.com."
7-8.6.2 Best Management Practices (BMPs)
Add to this section: The Contractor shall submit a Best Management Practice (BMP)
plan for containing any wastewater or storm water runoff from the project site including,
but not limited to the following:
a. No placement of construction materials where they could enter storm drain system,
which includes gutters that lead to catch basins.
b. Checking construction vehicles for leaking fluids.
c. Providing a controlled area for cleaning or rinse -down activities.
d. Monitoring construction activities.
e. Minimizing usage of water when saw -cutting and vacuum the residue.
f. Providing measures to capture or vacuum -up water contaminated with
construction debris.
g. Removing any construction related debris on a daily basis.
h. Protecting work areas from erosion.
The BMP will be approved by the Engineer prior to any work. The City of Newport
Beach will monitor the adjacent storm drains and streets for compliance. Failure of the
Contractor to follow BMP will result in immediate cleanup by City and back -charging the
Contractor for all costs plus 15 percent. The Contractor may also receive a separate
Administrative Citation per Section 14.36.030A23 of the City's Municipal Code.
Page 7 of 22
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."
7-10 PUBLIC CONVENIENCE AND SAFETY
7-10.1 Traffic and Access
Add to this section: "The Contractor shall provide traffic control and access in
accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic
Control Handbook (WATCH), also published by Building News, Inc.
Pedestrian access to all storefronts, offices, residences, etc., within the limits of work
must be maintained at all times. The Contractor shall cooperate with the Engineer to
provide advance notice to any and all establishments whose access will be impacted by
construction operations, particularly sidewalk construction. The Contractor shall furnish
and install signage, barricades, delineators, yellow safety ribbon, and any other
measures deemed necessary by the Engineer to safely direct the public around areas
of construction, and into (and out of) the affected establishments. Such measures shall
be shown on the Detailed Traffic Control Plans (see Section 7-10.3)."
7-10.3 Street Closures, Detours and Barricades
Add to this section: "The Contractor shall 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.
5. At a minimum, the Contractor shall maintain one lane of traffic when
completing their work.
Page 8 of 22
6. Sidewalk closures in residential areas, or as determined by the City, shall be
set with barricades and SIDEWALK CLOSED signs on barricades at the
closure.
7. The Contractor shall take special precautions to protect all underground
utilities in the streets from heavy vehicular loads especially once the existing
P.C.C. surface is removed.
8. All streets shall be poured back within five working days after street
demolition, including utility adjustments by others.
9. The Contractor shall provide suitable access to all homes each day and
vehicle access to garages on weekends.
10.The Contractor shall make special accommodations to provide access for
residents with disabilities in the closed streets.
11.The Contractor shall meet with Southern California Edison (Edison) and
determine the most efficient way for Edison to adjust its facilities and prepare
a plan for review by the Engineer, and then work with Edison to adjust their
facilities accordingly. The Contractor shall remove the entire street, prepare
the street base material, and allow a minimum of five (5) working days for
Edison to make adjustments if done after demolition."
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
Page 9 of 22
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
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 Section 7-15 Contractor's Licenses:
7-15 CONTRACTOR'S LICENSES
At the time of the award and until completion of work, the Contractor shall possess an
"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.
Add the following Section 7-16 Contractor's Records/As-built Drawings:
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
Page 10 of 22
bill is submitted. Any changes to the approved plans that have been made with
approval from the Engineer shall be documented on the "As -Built' drawings.
The "As -Built' shall be submitted and approved by the Engineer prior to final payment
or release of any bonds.
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three years after the date of completion of the project.
During this time, the material shall be made available to the Engineer. Suitable facilities
are to be provided for access, inspection, and copying of this material."
SECTION 9 - MEASUREMENT AND PAYMENT
9-3 PAYMENT
9-3.1 General
Revise paragraph two to read: The unit and lump sum prices bid for each item of work
shown on the proposal shall include full compensation for furnishing the labor,
materials, tools, and equipment and doing all the work, including restoring all existing
improvements, to complete the item of work in place and no other compensation will be
allowed thereafter. Payment for incidental items of work not separately listed shall be
included in the prices shown for the other related items of work. The following items of
work pertain to the bid items included within the Proposal:
Item No. 1 Mobilization and Demobilization: Work under this item shall include
providing bonds, insurance, submittals, establishing a field office, preparing the SWPPP
or 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. to addition, this item includes providing the traffic control, detour
plans prepared and signed by a California licensed traffic engineer, and providing the
traffic control required by the project including, but not limited to, signs, cones,
barricades, flashing arrow boards and changeable message signs, K -rail, temporary
striping, flagpersons. This item includes furnishing all labor, tools, equipment and
materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of
Newport Beach Requirements.
Item No. 3 Surveying Services: Work under this item shall include, but not
limited to, establishing survey controls, construction surveying, construction staking,
preliminary grades, final grades, all horizontal alignment, as -built field notes, removing
and replacing new survey monument frames and covers to grade per CNB STD -116-L,
Page 11 of 22
protecting survey monuments in frames, restoring all survey monuments, centerline
ties, and property corners disturbed by the work. The Contractor's Licensed Surveyor
shall file the required Record of Survey or Corner Records with the County of Orange
upon monument restoration. , 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.
Item No. 6 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. 7 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, 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. 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 PCC 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
Page 12 of 22
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: 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 Prune Tree Root: Work under this item shall include root pruning and
disposal per Section 308-1, restoring existing improvements damaged by the work and
all other work items as required to complete work in place. All utilities or other
improvements damaged by the work shall be immediately repaired at the expense of
the Contractor and no additional compensation shall be made.
Item No. 16 Install Root Barrier: Work under this item shall include installing root
barriers per Section 308-1, restoring existing improvements damaged by the work and
all other work items as required to complete work in place. All utilities or other
improvements damaged by the work shall be immediately repaired at the expense of
the Contractor and no additional compensation shall be made.
Item No. 17 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 Detail and City standard plans, 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. 18 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.
Page 13 of 22
Item No. 19 Remove Existing Parkway Hardscape and Backfill with Top Soil:
Work under this item shall include sawcutting, 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. 20 Remove and Reconstruct Catch Basin Top Slab and Local
Depression: Work under this item shall include sawcutting, removal and disposal of
existing catch basin top slab and local depression; reconstructing catch basin top slab
and local depression per Plan Detail and applicable portions of CNB STD -304-L, CNB
STD -305-L, and all other work items as required for performing the work complete and
in place.
Item No. 21 Construct 18 -in by 18 -in Seep Drain Grate Inlet: Work under this
item shall include all labor, tools, equipment, and material costs for the construction of
18 -in by 18 -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. This item shall include removing and
reconstructing 2 seep drain grate inlets at 305 & 308 Montero Street.
Item No. 22 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. 23 Install #6 Pull Box: Work under this item shall include, but not limited
to, the cost of all labor, equipment and materials required to furnish and install #6 Pull
Box and Lid per the Plans and the Special Provisions. This item includes conduit work,
if necessary and all other work items as required to complete the work in place.
Item No. 24 Install Pull Rope and #10 Green Wire: Work under this item shall
include, but not limited to, the cost of all labor, equipment and materials required to
furnish and install pull rope and #10 green trace wire per the Plans and the Special
Provisions. This item includes conduit work, if necessary and all other work items as
required to complete the work in place.
Item No. 25 Install 2.5 -inch HDPE Conduit — Directional Drill: Work under this
item shall include, but not limited to, the cost of all labor, equipment and materials
required to furnish and install 2.5 -inch HDPE conduit at minimum depth of 30 -inches
below ground surface using a direction drill method per the Plans, and the Special
Provisions, including any dewatering and all other work items as required to complete
the work in place.
Item No. 26 Install 2.5 -inch HDPE Conduit — Open Trench: Work under this item
shall include, but not limited to, the cost of all labor, equipment and materials required
to furnish and install 2.5 -inch HDPE conduit at minimum depth of 30 -inches below
ground surface using an open trench method per the Plans, and the Special Provisions,
Page 14 of 22
including any dewatering and all other work items as required to complete the work in
place.
Item No. 27 Install Splice Vault and Lid: Work under this item shall include, but
not limited to, the cost of all labor, equipment and materials required to furnish and
install Splice Box and Lid per the Plans and the Special Provisions. This item includes
conduit work, if necessary and all other work items as required to complete the work in
place.
Item No. 28 Install Signs, Striping, Pavement and Curb Markings: Work under
this item shall include removing and installing new signs, new posts, traffic striping,
markings and markers as shown on the Signing and Striping Plan 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 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. 30 Remove and Reconstruct Type "A" PCC Curb and Gutter: Work
under this item shall include removing and disposing of the existing curb and gutter,
compacting subgrade, reconstructing curb openings of existing curb drains,
constructing 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.
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."
PART 2 - CONSTRUCTION MATERIALS
SECTION 201 --- CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1 Requirements
201-1.1.2 Concrete Specified by Class and Alternate Class
Page 15 of 22
Add to this section: "Portland Cement Concrete for construction shall be Class 560-C-
3250."
201-2 REINFORCEMENT FOR CONCRETE
201-2.2 Steel Reinforcement
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."
SECTION 206 --- MISCELLANEOUS METAL ITEMS
Add the following Section 206-7 Signs and Posts:
206-7 SIGNS AND SIGN POSTS
206-7.1 General.
Sign shall be standard size per the California MUTCD unless otherwise shown.
Retroreflective sheeting shall be Type 4 or greater. Sign shall be made of aluminum
(.08 inch thickness).
New Sign Posts shall be 14 gauge 2 inch square (OD) Unistrut installed into a 12 gauge
2'/ inch Unistrut (OD) base with pre -galvanized finish. Unistrut base shall be installed
at a depth of 18 inches in concrete and 30 inches in dirt. Post shall be installed with the
Unistrut single breakaway anchor base system. Contractor shall USA location prior to
installing sign.
Sign mounting hardware and brackets shall be stainless steel. Anti -seize lubricant shall
be applied to mounting hardware prior to installation.
Signs shall be installed at a clear height of seven feet unless otherwise shown on plans.
Location of signs shown on plans is approximate and shall be approved by the City
prior to installation.
SECTION 210 --- PAINT AND PROTECTIVE COATINGS
210-1 PAINT
210-1.4 Paint Materials
Add to this Section: "All red curb paint shall be 'water base' red traffic paint,
manufactured by Ennis Traffic Safety Solutions - (800) 331-8118."
Page 16 of 22
SECTION 212 --- LANDSCAPE AND IRRIGATION MATERIALS
212-1 LANDSCAPE MATERIALS
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.
SECTION 214--- PAVEMENT MARKERS
214-4 NONREFLECTIVE PAVEMENT MARKERS
Add to this Section: "All new non -reflective pavement markers Types A and AY shall be
ceramic."
214-5 REFLECTIVE PAVEMENT MARKERS
Add to this Section: "All new reflective pavement markers shall have glass -covered
reflective faces or be 3M Series 290."
PART 3 - CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.3 Removal and Disposal of Materials
Add to this Section: "Removal and disposal of material shall be done by City
approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of
approved haulers can be provided upon request or be found on the City's website at:
http://newportbeachca.gov/index.aspx?page=157 and then selecting the link Franchised
Haulers List."
300-1.3.1 General
Add to this section: "The work shall be done in accordance with Section 300-1.3.2 of
the Standard Specifications for Public Works Construction except as modified and
supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final
removal between the sawcut lines may be accomplished by the use of jackhammers or
sledgehammers. Pavement breakers or stompers will not be permitted on the job. The
Engineer must approve final removal accomplished by other means.
The Contractor shall maintain the job site in a clean and safe condition. The Contractor
shall remove any broken concrete, debris or other deleterious material from the job site
Page 17 of 22
at the end of each workday or as directed by the Engineer. All areas of roadway
removal and replacement shall have a minimum trench width of 3 -feet to facilitate
maximum compaction. Contractor shall meet with the Engineer to mark out the areas of
roadway removal and replacement.
The Contractor shall dispose of all excess or waste material and shall include all fees
for such disposal in the appropriate bid items."
300-1.3.2 Requirements
(c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley
Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly
made to a minimum of two (2) inches." Replace the words 1-Y7 inch" of the last sentence
with the words "two (2) inches'.
Add the following Section 301.5 Solid Waste Diversion:
300-1.5 Solid Waste Diversion
Non -reinforced concrete and asphalt wastes generated from the job site shall be
disposed of at a facility that crushes such materials for reuse. Excess soil and other
recyclable solid wastes shall not be disposed of at a sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated
and solid wastes disposed of at a sanitary landfill. The Contractor shall report said
tonnage monthly to the Engineer and provide appropriate confirmation documentation
from the recycling facility. All material disposal manifests shall be provided to the
Engineer prior to release of final retention."
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY
INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS
303-5.1 Requirements
303-5.1.1 General
Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian
access on the day following concrete placement. In addition, all forms shall be
removed, irrigation systems shall be repaired, and backfill or patchback shall be placed
within 72 hours following concrete placement. Newly poured P.C.C. improvements
subject to vehicle loads shall not be opened to vehicle traffic until the concrete has
cured to a minimum strength of 3,000 psi."
Page 18 of 22
303-5.5 Finishing
303-5.5.1 General
Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within
private property at locations shown on the plans in a manner that matches the adjoining
existing private property in structural section, texture and color."
303-5.5.2 Curb
Add to this section: "The Contractor shall install or replace curb markings that indicate
sewer lateral or water valve location on the face of the curb. The 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
recommendations by its arborist to the City for review for safely pruning and removing
tree roots. No roots shall be pruned of removed unless this submittal is returned to the
Contract as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with
the City's Urban Forester, Mr. John Conway [(949) 644-3083] at the site to discuss City
standards and requirements.
If required, the submittal shall adhere to the following guidelines.
1. Root Pruning
Whenever possible, root pruning shall only be done on one side of the tree
unless specifically authorized by the City's Urban Forester.
b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable
tool.
2. Arbitrary Root Cut
a. A straight cut with a root -cutting machine shall be made.
Page 19 of 22
b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs,
and shall be made as far away from the tree base as possible.
3. Selective Root Pruning
a. This process involves selectively removing offending roots when a tree trunk or
root flare is less than 2 feet from the sidewalk and/or the size, species or
condition of the tree warrants a root cut to be hazardous to the tree or when
there is only one minor offending root to be removed and/or the damage is
minimal (i.e., only one panel uplifted, etc.)
b. Selective root pruning shall be performed with an ax or stump -grinding machine
instead of a root -pruning machine.
c. All tree roots that are within the sidewalk construction area shall be removed
or shaved down.
d. Roots greater than two inches in diameter that must be removed, must be
pre -approved by the City's Urban Forester.
e. Roots shall be selected for removal on the basis that will have the least impact
on the health and stability for the tree."
SECTION 310 - PAINTING
310-5 PAINTING VARIOUS SURFACES
310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings
310-5.6.6 Preparation of Existing Surfaces
Modify and amend this section to read: "The Contractor shall remove all existing
thermoplastic traffic striping and pavement markings prior to application of slurry seal by
a method approved by the Engineer."
310-5.6.7 Layout, Alignment, and Spotting
Modify and amend this section to read: "The Contractor shall perform all layout,
alignment, and spotting. The Contractor shall be responsible for the completeness and
accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2
inch in 40 feet from the alignment 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
Page 20 of 22
Add to this section: "Temporary painted traffic striping and markings shall be applied in
one coat, as soon as possible and within 24 hours after the finish course has been
applied.
Paint for temporary traffic striping and pavement markings shall be white Formula No.
2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured
by Morton. These temporary paints shall be applied at 15 mils wet.
The final striping for all painted areas shall be sprayable reflectorized thermoplastic.
The sprayable refiectorized thermoplastic pavement striping shall not be applied until
the paving has been in place for at least 15 days. The thermoplastic shall be applied at
0.25 mm minimum thickness for all striping except crosswalks and limit lines — which
shall be 0.90 mm minimum thickness.
Primer shall be applied to concrete surfaces prior in application of thermoplastic
striping. The primer shall be formulated for the intended application.
If the Contractor fails to perform striping as specified herein, the Contractor shall cease
all contract work until the striping has been properly performed. Such termination of
work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and
re -notify the affected residents, at the Contractor's sole expense. In addition, if the
Contractor removes/covers/damages existing striping and/or raised pavement markers
outside of the work area, he shall re-stripe/replace such work items at no cost to the
City.
The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer,
temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is
more than one lane in any one direction, for more than three consecutive calendar
days. Dependent upon construction phasing, the Engineer may require the Contractor
to apply two applications of paint to maintain adequate delineation on base pavement
surfaces, at no additional cost to the City."
Add the following Section:
310-5.6.11 Pavement Markers
All Pavement markers shall comply with Section 85 of the State of California Standard
Specifications. Non -reflective markers shall be ceramic. All new markers shall have
glass faces or be 3M series 290.
Page 21 of 22
SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL
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.
The Contractor shall not replace raised pavement markers until fifteen days
after the application of the pavement."
Page 22 of 22
BAY AVENUE PAVEMENT RECONSTRUCTION
CONTRACT NO. 5580
TABLE OF CONTENTS
1.0
SummaryofWork.......................................................................................................3
1.1
CONTRACT LIMITS..................................................................................................................
3
1.2
DESCRIPTION OF WORK..........................................................................................................
3
2.0
Trace Wire..................................................................................................................3
2.1
#10 GREEN TRACER WIRE......................................................................................................
3
3.0
Conduit.......................................................................................................................3
3.1
GENERAL.............................................................................................................................3
3.2
REQUIREM.ENTS.....................................................................................................................3
3.3
QUALITY CONTROL................................................................................................................
4
3.4
HDPE SCHEDULE 80 CONTINUOUS CONDUIT.............................................................................
4
3.5
PVC SCHEDULE HO CONDUIT...................................................................................................
4
3.6
INSTALLATION.......................................................................................................................
4
4.0
Pull Boxes...................................................................................................................
6
4.1
GENERAL.............................................................................................................................6
4.2
PULL Box AND PULL BOX COVER..............................................................................................
6
4.3
INSTALLATION REQUIREMENTS.................................................................................................7
4.4
INSTALLATION DETAIL.............................................................................................................
8
F:\Users\PBW\Shared\Contracts\P 14.15 CURRENT PROJECTS\200- STREETS AND DRAINAGE\C-5580, B.Y Ave Street Reconztmctbn CAP14-0010\8I0DING DOCUMENTS\SPECS
SUPPLEMENTAL C-5580.doc II
1.0 SUMMARY OF WORK
1.1 CONTRACT LIMITS
Below are the contract limits for work to be done on City right-of-way.
Project Location
Bay Avenue from 8" Street to Palm Street
1.2 DESCRIPTION OF WORK
The Contractor shall be responsible to furnish necessary equipment, materials and services to construct
the Bay Avenue from 8`" Street to Palm Street per the plans (R -6044-S), Special Provisions and Special
Provision Supplemental.
2.0 TRACE WIRE
2.1 ##10 GREEN TRACER WIRE
The Contractor shall furnish and install #10 green wire in all conduit segments where future fiber optic
cable may be installed, as shown in the plans, including all new and existing conduit segments where
work is completed. All #10 wires entering a pull box shall be joined by a split -bolt connector.
3.0 CONDUIT
3.1 GENERAL
This section shall govern to furnish and install conduit of the type and sizes shown on the plans and as
directed by the Engineer.
3.2 REQUIREMENTS
Unless otherwise approved, new conduit shall be high density polyethylene (HDPE) Schedule 80 UL
continuous conduit. HDPE conduit shall be designed and engineered for direct burial, directionally drilled
installation, or encased underground applications, and shall be installed at locations as shown on the plans.
The PVC Schedule 80 UL conduit shall be designed and engineered for direct burial or encased underground
applications, and shall be installed at the pull box modification locations where conduit elbows are
upgraded to sweeps, or as shown on the plans. The PVC conduit shall be straight and the ends shall be cut
square to the inside diameter. The PVC conduit system shall be designed so that straight sections and
fittings will assemble with the need for lubricants or cement.
All conduits shall be free from defects including non -circularity, foreign inclusions, etc. It shall be nominally
uniform (as commercially practical) in color, density, and physical properties.
All pavement markings shall be returned to existing conditions. If disturbed, the Contractor shall replace or
repair any and all pavement markings. All work shall be approved by the Engineer.
The Contractor shall obtain written approval from the Engineer before installing any conduit
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SUPPLEMENTAL C -5580.d. 3
3.3 QUALITY CONTROL
All conduits furnished, as part of the Contract shall be new, UL -listed, and meet NEMA and NEC
requirements pertaining to electrical conduits and components.
3.4 HDPE SCHEDULE 80 CONTINUOUS CONDUIT
The size of the HDPE conduit shall be as shown on the plans and shall meet the following requirements:
The HDPE Schedule 80 continuous conduit shall conform to NEMA TC -2 and UL651B.
The conduit leading to splice vaults or pull boxes shall be terminated with a manufacture -produced
terminator connector to seal the wall of the spice vault/pull box.
The conduit shall be color coded black.
The conduit shall also be marked with data traceable to plant location, date, shift, and machine of
manufacture.
Conduit shall be Carlon or Endot made or approved equivalent.
3.5 PVC SCHEDULE 80 CONDUIT
The size of the PVC Schedule 80 conduit shall be as shown on the plans and shall meet the following
requirements:
The PVC Schedule 80 conduit shall conform to NEMA TC -2 and UL 651 specifications.
The conduit shall have an extended 6" integral "bell' end.
The conduit shall have a circumferential ring on the spigot end, which shall be used to insure proper
insertion depth when connecting conduit ends.
The conduit shall also be marked with data traceable to plant location, date, shift, and machine of
manufacture.
A complete line of fittings, adapters, and bends (sweeps) shall be provided by the conduit manufacturer and
shall be manufactured from the same materials and manufacturing process as the conduit. The complete
system will allow for all these fittings: Coupling Kits, Manhole Terminator Kits, Lubrication Fittings, and
Repair Kits.
Conduit shall be Car/on or Endot made or approved equivalent
3.6 INSTALLATION
All conduits shall be installed at locations as shown on the plans, or as directed by the Engineer. Locations
of proposed conduit are approximate and may be changed to suit field conditions as directed or approved
by the Engineer.
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Conduit shall be laid to a depth a minimum of thirty- (30) inches of cover to the top of the conduit is
required at all locations.
Conduit shall be placed in a manner to allow the cable/wire to be pulled in a straight line and clear the side
of the pull box by at least two inches.
Where conduits are shown on the plans to be installed parallel and adjacent to each other, they shall be
installed together in a common trench or directional drill bore.
Make right angle bends in conduit runs with long -radius elbows or conduits bent to radii not less than three
(3) feet.
All bend radii shall be three (3) feet unless otherwise set forth elsewhere in this Special Provisions or as
directed by the Engineer. The sum of the angles for conduit bends between two consecutive pull boxes
shall not exceed 270 degrees. All conduit bends shall be factory bends done by the manufacturer. Hot box
or other field bends will not be accepted. The bell and spigot ends of each PVC conduit shall be chamfered
by the manufacturer. Transition of the conduit without bends shall not exceed more than one foot for
every ten feet.
Make bends and offsets so that the inside diameter of conduit is not effectively reduced. Unless otherwise
indicated, keep the legs of a bend in the same plane and the straight legs of offsets parallel.
Do not use diagonal runs except when specifically noted in the drawings.
Provide a waterproof label on each end of the pull rope to indicate the destination of the other end.
Conduits entering vaults shall terminate flush with the inside walls of each pull box.
Conduits entering vaults and pull boxes shall be capped or sealed to prevent ingress of water, debris, and
other foreign matters into the conduit.
Immediately prior to installing cables, conduits shall be blown out with compressed air until all foreign
material is removed. After cables have been installed, the ends of conduits shall be sealed with a reusable
mechanical plug.
Conduit and fittings shall be supplied with an ultraviolet inhibitor.
Within pull box, conduit shall be placed to provide a minimum clearance of two (2) inches between the
lowest portion of the opening and the bottom of the pull box. And there shall be a minimum clearance of
eight (8) inches between the top portion of the opening and the top of the pull box.
Conduit shall enter the pull box at not more than a 45 -degree angle. In addition, conduit may not be
terminated less than 45 degrees to the ground level, except for pull boxes with extension. Conduit ends
shall be terminated three (3) inches above the gravel surface and nine (9) inches clearance between the top
of the bushing and the top of the pull box shall be provided.
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Within the splice vault, the conduit shall be laid no closer than two (2) inches from any wall of the splice
vault.
After conductors/cables have been installed, the exposed end of conduits remaining in pull boxes and
controller cabinets shall be sealed with a sealing compound as approved by the Engineer.
3.6.1 DIRECTION BORE
Conduit shall be installed by directional drilling method at the locations shown on the plans, unless specified
otherwise by the Engineers. Drilling pits shall be kept at least two (2) feet clear of the edge of any type of
pavement wherever possible. Conduit alignment shall be located under stamped pedestrian cross walks to
prevent check pits in special pavement. Excessive use of water, such that pavement might be undermined
or subgrade softened, will not be permitted.
3.6.2 TRENCHING
Trenching in Newport Beach right of way shall conform to Newport Beach Standards.
Installation of conduit in unpaved areas (dirt) shall conform to the following:
Conduit shall be placed in a trench approximately two (2) inches wider than the outside diameter of the
conduit to be installed. Trench shall not exceed eight (8) inches in width. A minimum of thirty- (30)
inches of cover to the top of the conduit is required. For all pull boxes the trench may be hand dug to
required depth.
Where cover to top of conduit is less than thirty- (30) inches, the conduit shall be placed in the bottom
of the trench and the trench shall be backfilled with sand -cement slurry backfill, containing not less than
two (2) sacks (188 pounds) of cement per cubic yard of Type I or 11 Portland cement added per cubic
yard of imported sand and sufficient water for workability. The top four (4) inches shall be backfilled
and compacted with native soil.
4.0 PULL BOXES
4.1 GENERAL
This section shall govern to furnish and install pull boxes as shown on the plans, complete with cover.
4.2 PULL BOX AND PULL BOX COVER
Pull boxes shall conform to the provisions in the latest version of the Caltrans Standard Specifications and
Standard Plan ES -8 and these Special Provisions for TRAFFIC pull boxes.
All new TRAFFIC pull boxes shall be pull box number 6 (PB#6), or pull box number 6 with extension (PB#6E),
as noted on the Plans. PB#6 shall have nominal dimensions of 30.5 inch L x 17.5 inch W x 12 inch D, as
stated in these Special Provisions and per the Plans. PB#6E shall have nominal dimensions of 30.5 inch L x
17.5 inch W x 24 inch D, as stated in these Special Provisions and per the Plans.
The cover marking for each pull box containing fiber optic cable shall read 'TRAFFIC SIGNAL" on one line
and "FIBER OPTIC' on second line.
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SUPPLEMENTAL 05580.doc I;
The cover marking for each pull box not containing fiber optic cable shall only read `TRAFFIC SIGNAL" on
one line.
Pull boxes shall be provided with locking mechanisms as specified in the Caltrans Standard Plans.
All splice boxes shall have vertical proof -load strength of 25,000 lbs. This load shall be placed anywhere on
the box and cover for a period of one minute without causing any cracks or permanent deformations. Splice
boxes shall have nominal dimensions of 36 inch L x 24 inch W x 24 inch D, as stated in these Special
Provisions and per the Plans.
Where pull boxes are installed in sidewalk, sidewalk shall be removed and replaced from score line to score
line as directed by Engineer.
Pull boxes and covers in the sidewalk or behind the curb shall be per below, Christy "Fiberlite" models, or
Engineer approved equivalent unless otherwise noted on the Plans.
Size
Approved Models
#5 Box
Christy N30 Electrical Box
#5 Lid
Christy FL30D
#6 Box
Christy N36 Electrical Box
#6 Lid
Christy FL36D
#6E Extension
Christy B36X12
Splice Box & Lid
Arm orcast A6001974APCX12
4.3 INSTALLATION REQUIREMENTS
All pull boxes shall be located at the locations shown on the Plans, or as directed by the Engineer. However,
these locations may be changed to suit field conditions as directed or approved by the Engineer.
No pull box shall be located on the driveway apron, or above catch basin, or within one (1) foot of any
existing, proposed or future (as shown on plans) wheelchair ramp, or within one foot from the curb in case
of streets without gutter, or within thirty (30) inches from any pole foundation, or other locations which
may interfere with the movement of people or vehicles, unless approved by the Engineer.
Pull boxes within unimproved areas shall have a Class 1 flexible Post Delineator, per Caltrans Standard Plan
A73 -C installed adjacent to the pull box.
Within the pull box, the conduit shall be placed in a manner that the lowest portion of the opening shall be
a minimum of two (2) inches above the bottom of the pull box. The top portion of the conduit shall be not
less than eight (8) inches from the top of the pull box. The maximum thickness of the rock shall be one (1)
inch.
The conduit shall also be placed in a manner to allow the cable/wire to be pulled in a straight line and clear
the side of the pull box by at least two (2) inches.
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The distance between pull boxes shall not exceed 800 feet, unless otherwise shown on the plans, unless
otherwise specified in the Plans or these Special Provisions, or as directed by the Engineer.
A minimum of fifteen (15) feet of slack fiber optic cable, or length as shown on plans, shall be coiled in each
pull box at all locations, unless otherwise specified in the Plans or these Special Provisions, or as directed by
the Engineer.
if new pull boxes are replacing existing pull boxes, the Contractor shall protect existing conduit and cable
from damage. Should the existing conduit or cable become damaged, the Contractor shall repair and/or
replace damaged conduit or cable. Prior to repair/replacement, the Contractor shall notify the Engineer
and the City of exact location, and provide a detailed description of damage.
Any existing features or improvements damaged by the Contractor shall be replaced in kind, at the cost of
the Contractor.
4.4 INSTALLATION DETAIL
Pull boxes shall be installed with lid and completely secured prior to any conductor or cable installation.
Where the sump of an existing pull box is damaged by the Contractor's operations, the sump shall be
reconstructed and if the sump was grouted, the old grout shall be removed and new grout placed at the
cost of the Contractor and not the City.
Excavating and backfilling shall conform to the provision in section 86.2.01, "Excavating and Backfilling" of
Caltrans Standard Specifications except that the backfill material shall not contain rocks graded larger than
one (1) inch.
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SUPPLEMENTAL C-5580.doc 8
TO:
FROM:
PREPARED BY:
PHONE:
TITLE:
ABSTRACT:
CITY OF
NEWPORT BEACH
City Council Staff Report
February 10, 2015
Agenda Item No. 15
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director- (949) 644-3330,
dawebb@newportbeachca.gov
Frank Tran, Civil Engineer
(949)644-3340
Bay Avenue Pavement Reconstruction —Award of Contract No. 5580 (CAP15-
0010)
Staff has received construction bids for the Bay Avenue Pavement Reconstruction project and is
requesting City Council's approval to award the contract to Nobest, Inc.
RECOMMENDATION:
a) Approve the project plans and specifications;
b) Award Contract No. 5580 to Nobest, Inc. for the total bid price of $826,000.00, and authorize the
Mayor and City Clerk to execute the contract;
c) Establish a contingency of $82,600.00 (approximately 10%) to cover the cost of unforeseen work not
included in the original contract; and
d) Approve Budget Amendment No. 15BA-033 appropriating $40,000 from Account No. 7282-C200247
(Measure M2 Fair Share project savings) to Account No. 7282-C2002044 (Bay Avenue Pavement
Reconstruction project); transferring $80,000 from 7181-C2001012 (Gas Tax project savings) to Account
No. 7181-C2002044 (Bay Avenue Pavement Reconstruction project); appropriating $80,000 from the
unappropriated Gas Tax Fund balance to Account No. 7181-C2002044 (Bay Avenue Pavement
Reconstruction project); and recognizing a contribution of $18,925 from a private party and appropriating
$18,925 to Account No. 7251-C2002044 (Bay Avenue Pavement Reconstruction project).
FUNDING REQUIREMENTS:
Upon approval of the proposed Budget Amendment, there will be sufficient funding in the following
accounts for the award of this contract:
15-1
Account Description
Gas Tax
AD -101 Street Rehabilitation
Measure M2 Fair Share
Contribution from Private Party
Proposed uses are as follows:
Vendor
Nobest, Inc.
Nobest, Inc.
Harrington Geotechnical, Inc.
Various
DISCUSSION:
Account Number
Amount
7181-C2002044
$ 849,075.00
74101-9804
$ 20,000.00
7282-C2002044
$ 40,000.00
7251-C2002044
$ 18,925.00
Total:
$ 928,000.00
Purpose
Amount
Construction Contract
$ 826,000.00
Construction Contingency
$ 82,600.00
Geotechnical Testing
$ 17,528.00
Printing & Incidentals
$ 1,872.00
Total:
$ 928,000.00
At 10:00 a.m. on January 21, 2015, the City Clerk opened and read the following bids for this project:
BIDDER
Low Nobest, Inc.
2 All American Asphalt
3 PALP, Inc. dba Excel Paving Co
4 Hillcrest Contracting
TOTAL BID AMOUNT
$ 826,000.00
$ 947,947.00
$ 1,124,101.00
$ 1,437,026.00'
* Bid read as $1,436,798
The low bid amount is 13% lower than the Engineer's Estimate of $950,000. The disparity between the
estimate and the actual bid prices reflects a continued favorable construction market. The low bidder,
Nobest, Inc., possesses a California state contractor's license classification "A" as required by the project
specifications. A check of the contractor's references indicates satisfactory completion of similar projects
for other public agencies, including the recently completed work on the Ocean Front Alley Replacement
project, and the Balboa Boulevard and Channel Road Pavement Reconstruction project for the City.
This pavement reconstruction project is located on Bay Avenue from 8th Street to Palm Street. The work
necessary for the completion of this contract consists of removing and reconstructing the existing concrete
pavement, upgrading all curb access ramps, adjusting street utility covers to the new surface grade, and
performing other appurtenant and incidental items of work as required. In addition to the roadway work,
the project provides an opportunity to install fiber optic conduit along Bay Avenue within the project area.
This section of conduit will allow for future extension of the existing City's traffic signal Fiber Optic
communication network to the Main Street and Palm Street traffic signals, as well as the Balboa Library
branch and Fire Station 1. By installing the conduit as part of a major roadway replacement project, there
is a substantial savings and reduction of impact to the residents.
This contract also includes removing and reconstructing the existing concrete pavement on "I" Street from
Balboa Boulevard to the bay in the Peninsula Point community. This portion of work was requested by a
private party who has contributed funds for the reconstruction of "I" Street.
In addition to the low bid amount, staff recommends approving a contingency allowance of $82,600.00
(approximately 10%) to cover the cost of unforeseen conditions.
Pursuant to the contract specifications, the Contractor will have 50 consecutive working days to complete
the work.
15-2
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California Environmental Quality Act
("CEQA") pursuant to Section 15302 (replacement of existing facilities involving negligible expansion of
capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential to have a significant effect on the environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
ATTACHMENTS:
Description
Attachment A - Location Mao
Attachment B - Budget Amendment
15-3
BAY AVENUE
E
BALBOA BLVD
�n nL�n F-11 11 n0 F1
N�
a
NT9.
LOCATION MAP
N.T.S.
LEGEND
11111111111111 NEW PCC PAHAENT
BAY AVENUE PAVEMENT RECONSTRUCTION
LOCATION MAP
TLA Foliftill"TA
i
I" STREET
N.rs.
(PENINSULA POINT)
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C-5580 02/10/2015
15-4
ATTACHMENT B
City of Newport Beach
BUDGET AMENDMENT
2014-15
EFFECT ON BUDGETARY FUND BALANCE:
NO. BA- 15BA-033
AMOUNT: $218,295.00
X Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Expenditure Appropriations �X Decrease in Budgetary Fund Balance
X Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
X from existing budget appropriations
X from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To transfer expenditure appropriations from completed roadway repair and overlay projects
unappropriated Gas Tax Fund Balance and recognize additional revenue from a private party for the
Bay Avenue Pavement Reconstruction project.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE Amount
Fund Account Description Debit Credit
180 3605 ST Gas Tax Fund Balance $80,000.00
REVENUE ESTIMATES (3601)
Fund/Division Account Description
250 5901 Contributions Fund - Private Donation
EXPENDITURE APPROPRIATIONS (3603)
Signed: �VlR�BfrjG6�—"
twc Financial Approval: Finance FDirect
Signed:
Adminstrati+e Approval: City Manager
Signed:
City Council Approval: City Clerk
$18,925.00
$40,000.00
$80,000.00
Automatic
$40,000.00
$160,000.00
$18,925.00
Date
�S l�
Date
Date
15-5
Description
Division
Number
7282
Measure M2 - Fair Share
Account
Number
C2002047
Major Arterial St Repair Program
Division
Number
7282
Measure M2 - Fair Share
Account
Number
C2002044
Bay Avenue Pavement Reconstruction
Division
Number
7181
Gas Tax
Account
Number
C2001012
Residential Street Overlay Program
Division
Number
7181
Gas Tax
Account
Number
C2002044
Bay Avenue Pavement Reconstruction
Division
Number
7251
Contribution
Account
Number
C2002044
Bay Avenue Pavement Reconstruction
Signed: �VlR�BfrjG6�—"
twc Financial Approval: Finance FDirect
Signed:
Adminstrati+e Approval: City Manager
Signed:
City Council Approval: City Clerk
$18,925.00
$40,000.00
$80,000.00
Automatic
$40,000.00
$160,000.00
$18,925.00
Date
�S l�
Date
Date
15-5