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C-6304 - Concrete Pavement Replacement Program
August 9, 2017 Unique Performance Construction, Inc. Attn: Moumtaz Kabany 1321 N. Jefferson St. Anaheim, CA 92807 Subject: Concrete Pavement Replacement Program — C-6304 Dear Mr. Kabany: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039Fax newportbeachca.gov On August 9, 2016, 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 10, 2016 Reference No. 2016000377066. The Surety for the contract is American Contractors Indemnity Company and the bond number is 1001053141. Enclosed is the Faithful Performance Bond. Sin ely, Leilani I. Brown, MMC City Clerk Enclosure EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 1001053141 Premium: $9,252.00 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 9.252. oo , being at the rate of ',2 3.50 First $100,000 & thousand of the Contract price. On the Balance. WHEREAS, the City of Newport Beach, State of California, has awarded to Unique Performance Construction, Inc. hereinafter designated as the "Principal; a contract for the work necessary for the completion of this contract which includes, but is not limited to, removing sidewalk, curb and gutter, and access ramps; removing or pruning tree roots; removing trees; constructing PCC sidewalk, curb and gutter, and access ramps; installing tree root barriers, restoring private improvements impacted by the work, and other incidental items to complete work In place as required by the contract documents, 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 American Contractors Indemnity Company, 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 Four Hundred Eighty Three Thousand Four Hundred Twenty Five Dollars and 00/100 ($483,425.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, Its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, Jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principars 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 specked 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 Unique Performance Construction, Inc. 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 the Principal and Surety above named, on the 15th day of December. ]� ,2015_. - Unique Performance Construction /- Inc.:7t2-!� ier7I"I"'t/- Name of Contractor (Principal) Authorized SignatureTtle American Contrantorg Tnd mn'rvy Name of Surety Company 601 S. Figueroa St., Suite 1600, Los Angeles, CA 90017 Address of Surety (310) 649-0990 Telephone APPROVED AS TO FORM: CITY ATTQR_NEY_'S OFFICE Aaron C. Harp 4* r ON City Attorney Authorized Agent Signature _Pierrn Mirrirhe, Arrnrney-in-Fact Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Unique Performance Construction, Inc. Page B-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE a.A a '.0 - n.� m.�/' cam• �✓ 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 December 15, 2015 before me, Maria Delia Armogeda, Notary Public Date Here Insert Name and Title of the Officer personally appeared Moumtaz Kabany Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person$) whose name( is/AM subscribed to the within instrument and acknowledged to me that he/WwAllop-executed the same in hisflW/t'W authorized capacityW, and that by his/bor/blivalr signature(a) on the instrument the person( , or the entity upon behalf of which the person(FA acted, executed the instrument. MARIA 0 R AAMl10M0A COMM. #2133380 z °No Public • California c %MW � OW Cwmn ins Noy. 9, 2019 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 Signature of No ary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Faithful Performance Bond - Document Date: nar mf,ar+s, 9nla Number of Pages: 7 Signer(s) Other Than Named Above: N/A ; None Capacity('ies) Claimed by Signer(s) Signer's Name: Moumtaz Kabany Signer's Name: -- WCorporate Officer — Title(s): President ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other. Signer Is Representing: Unique Performance Signer Is Representing: 02015 National Notary Association • www.Nationa[Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 A notary public or other officer completing this certificate verifies orgy the ideritity of the individual who signed the document to which this certificate is attached, and not the truthfulness, aocuracy, or validity of that document. State of California } County of Los Angeles } On.December 15th, 2015 before me,... Trina Lee Vega, Notary Public Date Here insert Name and Tdfe of the Officer personally appeared Pietro Micciche Name(sj of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(,$) WaM subscribed to the within instrument and acknowledged to me that ha/slie/Wdy executed the same in hisihiWAffdir authorized capacity(ip!s), and that by hisRsfAt/t)*)r signatureo) on the instrument the perscn(q), or the entity upon behalf of which the person(s) acted, executed the instrument. 12x4 j5 ir7�,y i CeZN I certify under PENALTY OF PERJURY under the laws of the State of California that the forming paragraph is true and correct. WITNESS my hand an fflcial Signature Si re of Notary Public Place Notary Seat Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended docurrient. Description of Attached Document Title or Type of Document Document Date: Number of Pages: Signer(s) Other Than Named Above: Capactty(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): O Partner — ❑ Limited ❑ General ❑ Individual 91 Attorney in Fact "? Trustee ❑ Guardian or Conservator Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General • Individual D Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) item #5907 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE -COMPANY If iii- IMENOBY THESE PRESENTS: That American Contractors Indemnity I}unjraM a California corporation, : Turas '-T1or itl ComwaWi an assumed name of American Contractors lndemnity-Cotrska Lhiter&&fates Surety Company, aMaryland =corporation and U.S. Specialty Insurance Company, a Texas. corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Patricia Zenizo, Elisabete Salazar or Pietro Miceiche of Los Angeles California _ - its true and lawful Attomey(s)-in-fes 4601nAkl capacity if more than one is named above, with full WvWaul 100 herebyconferred in its name, lace asst p e;acknowledge and deliver any and all bonds, recognizatuttkags or other instruments or contracts 4 sur etyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.00** ), This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority oftheftdlowing resolutions adopted by the Boards of Directors of the Comoaames. r'�tas a t h sidenf, any Vice -President, any Assistant Vice -President, any S tags �rny � _ _ c_a_ ry shall be and is Hereby vested with full W -- o int an one or more suitable persons as A s m Fact to re - _ Y pa tuuney( }" - pn ac€fm M&oar f ofihe Company subject to the following Awmey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognvances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attome _n -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Bea Retalve& thatthes'rgnature of any a - is _ dWCompany heretofore orberaafterafftxed to my power of attorney ur 610c erifmg 'tfiereto by facsimile, and any power of attome cg�smile signature or facsimile seal shall be valid and binding upon the any bond or undertaking m which it is attached=' — — - - IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this I st day of December. 2014. xmww,m avr.x. iso AMERICAN COT UNITED STAT'. P4�ankAty^� wo el av gn c=.- certificate is State of California County of Los Angeles SS: i INDEMNITY COMPANY-".RWoND1tZaaZ— OMPANY - COMPANY U.S. SPE-�'50ftAATCE L'.IANY By: "`het --%•; r Daniel P. Agailar;Vice President rdiffic&bn1v the identity of the individual who signed the - - - __- traMness, accuracy, or validity of that document On this 1 at day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Czatmotors Iratett ompany, Texas Bondmg Company, United States Surety Company= W&LE. Spr�iow prance Company who prove4tp me m n sfa�ovidence o be the person whose name is subscribed to the within nrstn>ttrerfandFinawged tome that heexecuted tha same in =.Ius rttlnongedia-p t and that by his signature on theinstrument the person, or the ent @Ajod of person acted, executed the ircammenL 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. MARIA 0. ROIIRIGUEZ•WON Commission • 2049771 Signature. - (Saab _ - z ii� NoUrsy Public . Caulamia Lojoub, %COMM 00020,2017tt - - 1, Michael Chalekson , Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surely Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in frail fotsearoif�f�tr -_ _ _ I&Witness WfiobcV have hereunto set my hand and affixed the seals of said Companies at Lits Angeles, Californiathis 15th day Me -tater. 12015. Corporate Seals io'a",('va5 spawe,,, 4e 0 o ep tar su JN Bated No. 1001053141'® q Michael Chalekson, Assistant Secretary r n Agency No. 3057�reoF.... „` August 9, 2017 Unique Performance Construction, Inc. Attn: Moumtaz Kabany 1321 N. Jefferson St. Anaheim, CA 92807 Subject: Concrete Pavement Replacement Program - C-6304 Dear Mr. Kabany: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039Fax newportbeachca.gov On August 9, 2016 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 Drange County Recorder on August 10, 2016, Reference No. 2016000377066. The Surety for the bond is American Contractors Indemnity Company and the bond number is 1001053141. Enclosed is the Labor & Materials Payment Bond. Sincerely, atvV �I l Nw'- Leilani I. Brown, MMC City Clerk Enclosure EXHIBIT A CITY OF NEWPORT BEACH BOND NO.1001053141 Premium Included in Performance Bond. LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Unique Performance Construction, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract which includes, but is not limited to, removing sidewalk, curb and gutter, and access ramps; removing or pruning tree roots; removing trees; constructing PCC sidewalk, curb and gutter, and access ramps; installing tree root barriers, restoring private improvements impacted by the work, and other incidental items to complete work in place as required by the contract documents, 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 terns thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fall 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, American Contractors Indemnity Company 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 Four Hundred Eighty Three Thousand Four Hundred Twenty Five Dollars and 001100 ($483,425.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, Jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attomeys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of Califomia. Unique Performance Construction, Inc. 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 15th day of December, , 2015 . Unique Performance Construction, Inc Name of Contractor (Principal) American Contractors Indemnity Name of Surety Company .011 §S�gFF erpt &h6t7Suite 1600, Address of Surety (310) 649-0990 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: _ lA W,, Aaron C. Harp (AmAlot-)eU City Attorney Preciden-t uthorized Signatur�itllee Authorized Agent Signature Pietro Micciche, Attorney -in -Fact Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Unique Performance Construction, Inc. Page A-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 December 15, 2015 before me, Maria Delia Armogeda, Notary Public Date Here Insert Name and Title of the Officer personally appeared Moumtaz Kabany Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persono) whose names) is/an subscribed to the within instrument and acknowledged to me that hehMe/tIaW executed the same in hisAw/tusk authorized capacity(iee), and that by his/jarxllardr signature(* on the instrument the person*, or the entity upon behalf of which the person(* acted, executed the instrument. MARIA DELIA MUM COMM. #2133380 z iNotary Public • California o Z Orange County m. Eagtras Nov. 9, 20191 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. i Signature Signature of Nota ublic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Labor and Materials Payment Bond Document Date: ncrnmhar I5 MI.; Number of Pages: 9 Signer(s) Other Than Named Above: N/A ; None Capacity(ies) Claimed by Signer(s) Signer's Name: Moumtaz Kaban WCorporate Officer — Titles): President ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Signer's Name: -- ❑ Corporate Officer — Title(s): ❑ Partner ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing: CALIFORNIA ALL-PliMPOSE ACKNOWLEDti1NF,NT CML CODES 1189 A notary public or other officer completing ft certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the tnuthfulnuss, accuracy, or validity of that document. State of Califomia ) County of Los Angeles ) on December 15th, 2015 before me Trina Lee Vega, Notary Public Date Here Insert Name and True of the Officer personalty appeared Pietro Micciche Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($) whose name(*) is/aM subscribed to the within instrument and acknowledged to me that helAa/dte'y executed the same in his/hib AH& authorised r-apacitops), and that by his~;k* signatur*) on the instrument the person(a), or the entity upon behalf of which the person(s) acted, executed the instrument. i L' 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 #cIal seal. r 1 Signatures ` signebm of NAW Public Place Notary Seal Above 10MIDIM Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this farm to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signers) re—T-TITIOMMUM Other Than Named Above: Capacity(fes) Claimed bir Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — r Limited ❑ General ❑ Individual Rl Attorney in Fact 1 "1 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s). ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing: 02014 National Notary Association • www.Nafona]Notary.org • 1 -800 -US NOTARY 0-8011-876-6827) ftem #5907 POWER OF ATTORNEY AMERICAN CONTRACroRS INDEMNITY COMPANY TEXAS BONDING COMPANY _ UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE -COMPANY KNOW1E� ICY THESE PRESENTS: That American Contractors Indeurn s a California corporation Texas =_ owing=C i an assumed name of American Contractors Indemnity Vpmpany, i7ntez#-�#ates Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Patricia Zenizo, Elisabete Salazar or Pietro Micciche of Los Angeles California its true and lawful Attomey(s)-in-fw ea t/ lig capacity if more than one is named above, with full power—and authdu hereby conferred in its name, place a t est �ackncwledge and deliver any and all bonds, recognizanei--u kistgg- or other instruments or contracts of -suretyship to include riders, amendments, and consents of surety, providing the bond. penalty does not exceed *****Three Million***** Dollars ($—* '3,000,000.00** ). This Power of Attorney shall expire without further action on December 20,2017. This Power of Attorney is granted under and by authority ofAhq-fafiowmg resolutions adopted by the Boards of Directors of the Companies___. _ 3rd- te. siveoQftbMsdent, any Vice-PrestdeM. any Assiata>at Vico-President, anYS t c�any-- ssi nt& vary shall 6e and is hereby vested with full w an -- int any one or more suitable persons as Anorney(s)-in-Fact to repmse�ac[T%T a oabefialf of the Company subject to the following '_4ovrsrw-. _ Auomey-in-Fact maybe given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, arty and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorn,�_i�mFact shall be binding upon the Company as if signed by the President and sealed and effected_ by theCmponte Secretary. Be it Resolved, that the signature of any autt ad c - WiMompany heretofore or hereafter axed. to any power of attorney Wsipj ehuftl - thereto byfacs>mile; and any power of attom 4; _ =g iiuile signature or facsimile seat shall be valid and binding upon the any bondorundertaking to which it is attached Ct ty9„+i pe -ice =- — -- _ - _ IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of December, 2014. -_ AMERICAN CONTRACTORS INDEMNITY COMPANY 7FASLB a-dvMPANY UNITEDSTATES''SURETYCOMPANY U.S. SPE€#ALrV1NSftANCR�COMPANY - Cora_=Sea75� � ;. _ r - p ; — Ge 6 t 3— ..1. w _� rg Daniel P. Aguilar, Vice`Preifi ent a. '�, ,,, ♦W,as '''Aorto A notarypublic or other officer - the identity of the individual who signed the document to which this certificate is attar - e ttr eas,- accuracy, or validity of that document. _ - State of California County of Los Angeles SS: On this 1st day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American €oattapbars Tfti-s�"ompany, Texas Bonding Company, United States Surety Company td tom. S ffiattrance Company who proved to me on AhEBASislif:. solits oo--_xvidence to be the person whose name is subscribed to the w12Itlin 1infielgiomfted to me that he exewtodthe:same in 3ma�hoY end that by his signature on the instrument the person, or the enti4Y srt eLaif©f w7® person acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARIA G. RODRIGUEi-YYW16 Commission * 2018771 Stgnan¢e: (half- = i f Notary Public - Califon.. i _ Los Atpeles Catmiy ' _ Caton. ,Dat 2077 I, Michael Chalekson , Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attomey we in full force andwwi€ .__ _ E Witness Wherec#1 have hereunto set my hand and affixed the seals of said Companies at -Los Angeles, California this l S th day sf 7ieeemlter, - 2015 Corporate Seals s"",,,cro s ssoq going' ,�,�;a%•v,,, VIV M1 = n m ; Bond No 1001053141 g .» -..3,- .� _ Michael Chalekson, Assistant Secretary - Agency No.3057 , A<,raaa�a � >• + ,. - Document -1672162 -Page -1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder NO FEE + S R 0 0 0 8 5 9 5 3 4 1$ 2016000377066 2:26 pm 08110116 63 406 N72 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 Unique Performance Construction, Inc., Anaheim, as Contractor, entered into a Contract on November 24, 2015. Said Contract set forth certain improvements, as follows: Concrete Pavement Replacement Program C-6304 Work on said Contract was completed, and was found to be acceptable on August 9. 2016 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is American Contractors Indemnity Company. BY id 41�d ublic Works irector City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledae. Execi I1-YA port Beach, California. about:blank 08/10/2016 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 Unique Performance Construction, Inc., Anaheim, as Contractor, entered into a Contract on November 24, 2015. Said Contract set forth certain improvements, as follows: Concrete Pavement Replacement Program C-6304 Work on said Contract was completed, and was found to be acceptable on August 9, 2016 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is American Contractors Indemnity Company. 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. Exec Mil port Beach, California. Stop Payment Notice RECEIVED BY PUBLIC WORKS �• 10 CALIFORNIA CIVIL CODE SECTION 8044 AUG 0 8 2016 NOTICE TO: CITY OF NEWPORT BEACH t (If Private Job - File with responsible officer or person at office or branch of construction lender admingteringthe.constructiQ.;X Wds or with the owner - CIVIL CODE SECTIONS 8500 - 8560) (If Public Job - file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract - CIVIL CODE SECTIONS 9350 - 95 10) Direct Contractor: UNIQUE PERFORMANCE CONSTRUCTION INC. Sub Contractor (If Any): Owner or Public Body: CITY OF NEWPORT BEACH 100 CIVIC CENTER DR. NEWPORT BEACH, CA 92660 Improvement known as CONCRETE PAVING REPLACEMENT PROGRAM CONTRACT#6304 W. RINCON & MALLOY CT. & MACARTHUR BLVD. & CAMPUS DR. County of ORANGE , State of California. HOLLIDAY ROCK CO.,INC. 1401 N BENSON AVE UPLAND,CA 91786CIaimant, a CORPORATION furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is UNIQUE PERFORMANCE CONSTRUCTION INC. 1321 N. JEFFERSON ST ANAHEIM, CA 92807 The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was: CONCRETE, ASPHALT, ROCK AND SAND Total value of labor, service, equipment, or materials agreed to be furnished ................ $ 58,899.69 Total value of labor, service, equipment, or materials actually furnished is .................. $ ER Creditfor materials returned, if any................................................................ $ I Amount paid on account, if any..................................................................... $ 48,893.88 — = � Amount due after deducting all just credits and offsets .......................................... $10,005.81 ? 10 1 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described pr'ef4tl6-DatisUaima'W demand in the amount of $10,005.81 and in addition thereto sums sufficient to cover interesj court cdsS and reasonable costs of litigation, as provided by law. E 04 (--� A bond (CIVIL CODE SECTION 8532) NA attached. (Bond required with Stop Paye it Nolic✓ served on construction lender on private jobs - bond not required on public jobs or on Stop Payment Notice served on owner on private jobs) Date: 8/01/2016 Name of Claimant: HOLLIDAY ROCK CO., INC. By: /y( / VERIFICATION I, the undersigned, state: I am the CREDIT REPRESENTATIVE of the claimant named in the foregoing Stop Payment Notice; I have read said claim of Stop Payment Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 8/01/2016 .at UPLAND State of California. REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this Stop Payment Notice by reason of a payment bond having been recorded in accordance with Sections 8600, 8536 or 8542, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information mu s3 be rovided by you under Civil Code Section 8538. Late 8 S4 Signed: Copies Sent To: Attorney Date / Ilk Copies Sent To: City Council City Manager City Attorney File STOP PAYMENT NOTICE fa lorbSuvie,+b M 7: LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work of Improvement) (Per California Civil Code Section 8520, 8530 & 9350) To: _City Of Newport Beach (Name of owner, pubic MR, or conetctlm ender) 100 civic center Dr, Newport Beach ca 92660 (Address, d directed t a bank use Mdrea o1 brandh MM1ng turd) Public Works Department if untied to public entity, to the depemmrn o bill whose duty it he to make P.M.ree) City wide sidewalk project #6304 Proje (N.) (street AtlRees or legal Deer ipton) Name and address of the Project Owner (or reputed owner): —C. pf Newpprt Rpaph 100 Civic Center. Dr. Newport Beach. ca 92660 Name and address of the Direct Contractor: Unique Performance Construction, Inc 1821 N Jefferson St_ Anaheim, ca 92807 Name and address of the Construction Lender (if any): TAKE NOTICE THAT Aneen Construction. Inc. (claimant) (legal name of to person or thin dairy ig Me dnp mYnam roYce) whose address is 1927 Harbor Blvd. 127 Costa Mesa, Ca 92627 has performed labor and furnished materials for a work of improvement described above as Project. The relationship of the Claimant to the other parties is: Subcontractor The work furnished by claimant is:Demolition of sidewalkcurb& gutter, spandralls and curb ramps (generally describe labor, service, equpment. a material furnished a agreed to be tmshed by ciaimmho The labor and materials were furnished at the request of the following party: Unique Performance Construction, Inc. Total value of the whole amount of labor and materials agreed to be furnished is ...... it $60,522.00 The value of the labor and materials furnished to date Is: .......................................... s $28,250.00 Claimant has been paid the sum of: and there is due, owing and unpaid the sum of: _.............................................. $ $0.0 ................................... $$28,250.00 You are required to set aside sufficient funds to satisfy this claim as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. Dated 06/01/16 NAME: An en nstruction, Inc. (Name al atop educe calmanq sv: ge lel stop mikeclalrhwd must sign here and verry bebw) Authorized Capacity: Vice president VERIFI�A TION 1, I, the undersigned, state. I am the td IGE Q R{'9 ( C2 elti f of the claimant named in the (rdb. Tu drbm', "Padrer, "Owxr,-Agenr, se.) foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. declare under penalty Of perjury under the la of the State of California that the foregoing is tr�uee and correct Executed on ((Z//_ _ Zd�y, _, et_ I CJ7r''N04 �� ,California. (Date tis Oaume" was signed) (nof dry where oto rot ame s etl I' ar � 1 _ 121t«r� rtl4lr1 REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 8536 & 8538) If an election is made not to withhold fu rids pursuant to this stop notice by reason of a payment bond having been recorded, please send notice of such election and a copy of the bond within 30 days of such election In the enclosed preaddresied stamped envelope. This information must be provided by you under Civil Code Sections 8536 & 8538. Signed. (cleiment must enclose self-addressed stamped emelupe) PROOF OF NOTICE DECLARATION �� /tom (Per California Civil Code Section 8118) I, L�Tdl�3� \ , declare that I served a copy of the Stop Payment Notice on the party at the address and on the datd4hown below: Other Person Holding Construction Funds: (name) _ (title m c (address) Stop Payment Notice should be served at the following location: (a) To an owner other than a public entity, the owner's address shown on the direct contract, the building permit or a construction trust deed; (b) To a public entity, the office of the public entity or smother address specified by the public entity in the contract or elsewhere for service of notices, papers or other documents. A Stop Payment Notice for a public works contract of the state, shall be given to the director of the department that awarded the contract; and to a public entity other than the state, to the office of the controller, auditor or other public disbursing officer whose duty it is to make payment pursuant to the contract (see Civil Code §9354 for more information). (c) To a direct contractor, at the contractor's address shown on the building pemdt, on the direct contract, or on the records of the Contractors' State License Board. In the following manner (check appropriate box): [ ] By personal delivery - By Registered or Certified Mail (postage prepaid) [ ] Express mail [ ] Overnight delivery by an express service carrier declare under Ew al of perjury, that the foregoing is true and correct. Executed on I Y% -n ` -1hI 19 , at California. ( tur o p inaking sef0ifel C&B Forms (7112) CNB Public Warks JUN 0 6 2016 Received INLAND PRELIM SERVICE, INC. PO BOX 53522- RIVERSIDE, CA 92517-4522 -? 'SSI ic-5 mile#: 4634 9207 1969 0005 4650 2109 87 aiiii CNB Public Works MAR I I zm 92660326700 CITY OF NEWPORT BEACH ATTN: PUBLIC WORKS 100 CIVIC CENTER DRIVE NEWPORT BEACH, CA 92660 USA 03107/2016 ZIP 92570 042M14844464 6 . 5 0 L � +l1+h r IPl l u g+I l u I I r a+Ir r 1+1+1 r l! hA hl I u h r1911+11+I1!! CALIFORNIA PRELIMINARY NOTICE (THIS NOTICE IS GIVEN PURSUANT TO CALIFORNIAC NIL CODE §§ WM(alb), 8102, 810648118, 8200 at seq., 8612, 9300 at Met) ""*"*DIRECTOR OTHER CONTRACTOR***** UNIQUE PERFORMANCE CONSTRUCTION, INC. 1321 N. JEFFERSON STREET ANAHEIM, CA 92807 "**"CUSTOMER*`*"* UNIQUE PERFORMANCE CONSTRUCTION, INC. 1321 N. JEFFERSON STREET ANAHEIM, CA 92807 P.O.#:6304 *****LENDER 1 SURETY"*`` AMERICAN CONTRACTORS IDEMNITY CO. 601 S. FIGUEROA STREET, #1600 LOS ANGELES, CA 90017 Acct. 1 Bond #: 1001053141 `****PUBLIC ENTITY OR REPUTED*"**` CITY OF NEWPORT BEACH ATTN: PUBLIC WORKS 100 CIVIC CENTER DRIVE NEWPORT BEACH, CA 92660 • You are hereby notified that ANEEN CONSTRUCTION, INC. has furnished or will furnish labor, service, equipment or material of the following general description: DEMOLITION LABOR & MATERIAL for the building structure or other mork of improvement known as CONCRETE PAVEMENT REPLACEMENT PROGRAM CONTRACT 6304 project, located at VARIOUS LOCATIONS, NEWPORT BEACH, CA, Assessors or Property Parcel Number:. • The name of the person or firm who contracted for the purchase of such labor, services, or material is UNIQUE PERFORMANCE CONSTRUCTION, INC., 1321 N. JEFFERSON STREET, ANAHEIM, CA 92807. -Our relationship to the parties is as a: Direct Contractor. -Tho estimated §mount of the wort provided u, to be prcv dcd is: $50,522DC. NOTICE TO PROPERTY OWNER OR PUBLIC ENTITY -Even though you have paid your contractor in full, if the person or firm that has given you this notice is not paid in full for labor, service, equipment, or material provided, or to be provided, to your construction project, a lien may be placed on your property. Foreclosure of the lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has given you this notice before making payment to you contractor, or (2) any other appropriate under the circumstances. -This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or person employed by you on the construction project. -If you record a notice of cessation or completion of your construction project, you must, within 10 days after recording, send a copy of the notice of completion to your contractor and the person or firm that has given you this notice. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units. Prepared for ANEEN CONS" CTION, INC., 1927 HARBOR BLVD., #217, COSTA MESA, CA 92627. KATIE CLARK o Date Prepared: 02/26/2016 AGENT Telephone: (800) 748-6506 ;Notice continues on back. Please ban over and centime reading.) v of -+x cte-V Q CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:30 AM on the 5th day of November, 2015, at which time such bids shall be opened and read for CONCRETE PAVEMENT REPLACEMENT PROGRAM Contract No. 6304 $ 500,000.00 Engineer's Estimate PO U � � P SLI FOR�� Approved by �Xmeol�� Mark- Vuk Jevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.coin/p ortallportal.cfm?Company[D=22078 Contractor License Classification(s) required for this project: "A" or "C-8" For further information, call Alfred Castanon, Project Manager at (949) 644-3314 City of Newport Beach CONCRETE PAVEMENT REPLACEMENT PROGRAM Contract No. 6304 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS (Contractor shall also submit info via PlanetBids) 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; Contractor shall also confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL (LINE ITEMS to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (November 5, 2015 at 10:00 AM,) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Drive, Newport Beach, CA 92660) 2. Cash, certified check or cashiers check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidders security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared 3 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 22.300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. 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 been7%�� 801860 A, B Contractor's License No. & Classification A thorized Signature/Title 1000005463 11/05/2015 DIR Reference Number & Expiration Date Date UNIQUE PERFORMANCE CONSTRUCTION, INC. Bidder 4 r—I r.__.. -, i-11 /1— I � t City of Newport Beach CONCRETE PAVEMENT REPLACEMENT. PROGRAM Contract No. 6304 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent Of The Total Amount Of The Bid In Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of CONCRETE (PAVEMENT REPLACEMENT PROGRAM, Contaact No. 6344 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. Wetness our hands this 5th day of _ November 2015. Unique Performance Construction Inc. Name of Contractor (Principal) Adihorized SignaturerFdte American Contractors Indemnity Companyate. ` Name of Surety Authorized .Agent Signature 601 S. Figueroa St., Suite 1600, Los Angeles, CA 90017 Pietro Micciche, Attorney -in -Fact Address of Surety Print Name and Title (310)649-0990 Telephone (Notary acknowledgment of Pdmipal �must be attached) 5 CALIFORRIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 11 . '.'�C '� - \ '\N N=\'!'tiC�'�C : C!s\N.�C .CN.��• .\C a22I-:C2 :\C/y�C/s:�</i\C C�C�.<C/:moi/:�C/{�C 1 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 Los Angeles ) On November 5, 2015 before me, _ Trina Lee Vega Notary Public Date Here Insert Name and Title of the Officer personally appeared Pietro Micciche Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name() is/aY6 subscribed to the within instrument and acknowledged to me that he/sIAe/tHdy executed the same in his/llf#r/tfYiVir authorized capacityugs), and that by his/{fpr/t4#)r signature(p) on the instrument the person(q), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above 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 an ficial seal. Signatur Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: El Corporate Officer — Title(s): n Partner — C.: Limited C_I General n Individual W Attorney in Fact E_:) Trustee ❑ Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): n Partner — 0 Limited ❑ General l_�i Individual ❑ Attorney in Fact ❑ Trustee 0 Guardian or Conservator i l Other: Signer Is Representing: G:ti'•_ •✓4, �4\✓S�J4�✓6�'✓.4\N:�✓:\✓SV 4�? 4`'/,4�✓4�✓4�:4�,: 4\�.4�✓..4«!4\✓4\',4�':.2�i:.4�4`.SVS�.:ti✓.4'ai4Lv.\.4�'_ .t -'i. 4\?: A'._'✓.4'✓4\''i..4�.'�.4\�SV4'r .��a/,.,�i,�4\✓y. TRINA LEE VEGA `L� Commission # 2056669 L' . Notary Public - California =-= a\ Los Angeles County My Comm. Expires Feb 1, 2018 , Place Notary Seal Above 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 an ficial seal. Signatur Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: El Corporate Officer — Title(s): n Partner — C.: Limited C_I General n Individual W Attorney in Fact E_:) Trustee ❑ Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): n Partner — 0 Limited ❑ General l_�i Individual ❑ Attorney in Fact ❑ Trustee 0 Guardian or Conservator i l Other: Signer Is Representing: G:ti'•_ •✓4, �4\✓S�J4�✓6�'✓.4\N:�✓:\✓SV 4�? 4`'/,4�✓4�✓4�:4�,: 4\�.4�✓..4«!4\✓4\',4�':.2�i:.4�4`.SVS�.:ti✓.4'ai4Lv.\.4�'_ .t -'i. 4\?: A'._'✓.4'✓4\''i..4�.'�.4\�SV4'r .��a/,.,�i,�4\✓y. POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas =_ Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, aMaryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Patricia Zenizo, Elisabete Salazar or Pietro Micciche of Los Angeles California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.00** ), This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY -- Corporate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY ``�oa�gAC70Rs�-4o- �oo;�ESrSURFrL `.``�ONOIN..-" `4 ilnsor c �yea°, W00RW)RATEO 3' 2- By: = y Daniel P Aguilar, , tcePresident ,pquiFppN�F `� *l F SES' ...*... mua.�OF rnnuua.""'� 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 Los Angeles SS: On this 1st day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whosenameis subscribed to the within instrument and acknowledged to me that he executed the same in =_ his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARIA 13�,. RODRIGUEZ•WONG Commission # 2049771 Signature (Seal) i , Notary Public - California i Los Angeles County _ M COMM. Ex fres Dec 20, 2017 I, Michael Chalekson , Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 5'_ day of BakrYrl%e LUIS Corporate Seals •,,..ncToli' _�: •'4 �� =�i; sn'. p: mer 'v, ;q? � k 3. - Bond NO • �— %�����#r=� . �*.• y- Agency NO.. 3057 ,•,epF'T�"..'• = li iiiunW��• nr in lu sur /&/YZ- Michael Chalekson, Assistant Secretary CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT (CALIFORNIA CIVIL CODE § 1189) 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 On _before me, _tw"L t (Date) (Here Insert N67 and Titl of the Officer) personally appeared , who proved to me on the asis of satisfac evid nce to be the rson(*whose name( is - subscribed to the within nstrument and acknowledged to me tha h 4eA4&q-executed the same authorized capacity(kq#, and that b kt AaeONIIIIII signatur on the instrument the personfo, or the entity upon behalf of which the person(q-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 an and official seal. �2e: sF A m Nora /SS ;onA�yGF�/N M 0c poblic 196810 y Co an Calif 2 mm. ran Signa re o ota bli (Notary Seal) es ���� is a2= 0>6 ADDITIONAL OPTIONAL INFORMATION Description of Attached Doc entC`��� Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Additional Information: revision date 01/01/2015 City of Newport Beach MULTIPLE BUILDINGS PAINTING PROJECT Contract No. 6013 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 Saecifications 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 Descri o Work %of Number Total Bid Name: �✓tt S r.-, �4- t�V Y" n v 11 - Address: ,r,.1� �` . CSA Phone k\ y .. C\ q 6 6 C Y2, 13, % I�VL'rtl� Tru State License Number: (? O DIR Reference: o o o l 838 r u l Email Addre : Name: r S t ,i✓i C¢_ Address: 0 / (/A , 1) J el w i -V �c't s ✓u )r Phone 7 t (� �1 q q- 0 g till �� t,--.>-wv-,,V" 'l'� C- 01 State License Number: 65 LJ So Ll J"J DIR Reference: V O n �r G4 s' A A v Jj u ✓r�Jt% Email Address: Name: Address Phone: State License Number DIR Reference' Email Address UNIQUE PERFORMANCE CONSTRUCTION, INC. /President Bidder Auth rized Signature/Title L City of Newport Beach CONCRETE PAVEMENT REPLACEMENT PROGRAM Contract No. 6304 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll Please print or type. Bidder's Name UNIQUE PERFORMANCE CONSTRUCTION, INC. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Number High -Intensity Activated Activated Crosswalk (HAWK) Systems Project Description Installation of pedestrian signal sytem; Construct & modify ADA ramps Approximate Construction Dates: From Agency Name City of Alhambra Contact Person Melissa Ramos 10/14/2015 To: 11130/2015 Telephone (get s7n-sas7 Original Contract Amount $147,000 Final Contract Amount $ Ongoing If final amount is different from original, please explain (change orders, extra work, etc.) Ongoing Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A No. 2 Project NamelNumber Slover/Beech Ave & Cherry/Live Oak Ave. Traffic Signals & Street Improvements Project Description Signal modifications, pedestrian ramp and sidewalk improvements. Approximate Construction Dates: From 01/05/2015 To: 6/2312015 Agency Name City of Fontana Contact Person Christopher Smethurst Telephone (904 350-6649 Original Contract Amount $ 449,545 Final Contract Amount $ 449,545 If final amount is different from original, please explain (change orders, extra work, etc.) N/A 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 No, 3 Project Name/Number University Ave. & Canyon Crest Dr. Street Improvements Project Description Signal modifications at various intersections. pedestrian ramp and sidewalk improvements Approximate Construction Dates: From 09/10/2014 To; 02/20/2015 Agency Name City of Riverside Contact Person Steve Howard Telephone (951) 826-5553 Original Contract Amount $-224599 Final Contract Amount $ 394,599 If final amount is different from original, please explain (change orders, extra work, etc.) N/A 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 10 No. 4 Project Name/Number Second Lower Feeder Stray Current Mitigation Installation of stray current mitigation systems. Removal and replacement of existing Project Description pavamPnl and nther aurfanPcr drilling vartiral hnlPq; PYravating kranrhes, Approximate Construction Dates: From 03/15/2014 To; 07130/2014 Agency Name The Metropolitan Water District of Southern California Contact Person Brian M. May Telephone (909/ 392-514D Original Contract Amount $ 694,600 Final Contract Amount $ 894,600 If final amount is different from original, please explain (change orders, extra work, etc.) N/A 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 No. 5 Project Name/Number Valley Boulevard Raised Median Project Project Description Traffic Signal, Concrete, Asphalt Approximate Construction Dates: From 09/30/2013 To; 12/19/2013 Agency Name County of San Bernardino Contact Person Nidhan AlRayes Telephone (904 387-1831 Original Contract Amount $ 466,826 Final Contract Amount $ 466,826 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against youlContractor? If yes, briefly explain and indicate outcome of claims. NO 11 No. 6 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount 5 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 financial conditions. UNIQUE PERFORMANCE CONSTRUCTION, INC. /President Bidder Auth6rized Signaturefritle 12 City of Newport Beach CONCRETE PAVEMENT REPLACEMENT PROGRAM Contract No. 6304 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of Orange 1 Mn rmtaz Kahany being first duty swom, deposes and says that he or she is President of tnique Parforman 1a Const. Inc, the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to far 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 hue; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of Califomis that the foregoing is true and coned UNIQUE PERFORMANCE CONSTRUCTION, INC. /President Bidder Authorized SignaturelTitle Subscribed and sworn to (or affi74, jbeore me on this�day of�. 2015 by�liV-Wu4z e„y proved to me on the basis of satisfa ry Evidence to be a rson(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that he foregoing paragraph is true and correct. N ublic [SEAL] My Commission Expires: _ SEAN LANGEVIN Commission re 1968182 z '� m •' Notary z y p ublic -Californiounty a i M11y Comm.rExpires Feb 26.2016 13 City of Newport Beach CONCRETE PAVEMENT REPLACEMENT PROGRAM Contract No. 6304 DESIGNATION OF SURETIES Bidder's name UNIQUE PERFORMANCE CONSTRUCTION, INC. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): BROKER: Preferred Bonding & Insurance Services 1800 McCollum St., Los Angeles, CA 90026 663-7814 SURETY: American Contractors 601 S. Figueroa St., Suite 1600, Los Angeles, CA 90017 14 City of Newoort Beach CONCRETE PAVEMENT REPLACEMENT PROGRAM Contract No. 6304 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name UNIQUE PERFORMANCE CONSTRUCTION, INC. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 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 6 6 6 8 9 7 42 Total dollar AmountContracts Conttracts (in 1,800 1,600 1,700 1,500 1,700 1,100 9,400 Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost workday cases involving permanent 0 0 0 0 0 0 0 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 Unique Performance Construction, Inc. Business Address: 1321 N. Jefferson St., Anaheim, CA 92807 Business Tel. No.: (7141528-2220 State Contractor's License No. and Classification: 801860 A , B Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Unique President / Sarratary , Inc. Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 City of Newport Beach CONCRETE PAVEMENT REPLACEMENT PROGRAM Contract No. 6304 ACKNOWLEDGEMENT OF ADDENDA Bidder's name UNIQUE PERFORMANCE CONSTRUCTION, INC. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 17 City of Newport Beach CONCRETE PAVEMENT REPLACEMENT PROGRAM Contract No. 6304 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Unique Performance Construction, Inc. Business Address: 1321 N. Jefferson Street, Anaheim, CA 92807 Telephone and Fax Number: (714) 528-2220 / (714) 528-2225 California State Contractors License No. and Class: 801860 A , B (REQUIRED AT TIME OF AWARD) Original Date Issued: 12/06/2001 Expiration Date: 03/31/2017 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: Jose Vega Estimator 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 Unique Performance Construction, Inc. 1321 N. Jefferson St. (714) 528-2220 Anaheim, CA 92807 Moumtaz Kabany President 339 Saint Vincent (949) 584-2273 Irvine, CA 92618 Corporation organized under the laws of the State of California W., The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: NONE All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: NONE 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; NONE Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. NONE Have you ever failed to complete a project? If so, explain. NO 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 f�bor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? a No 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. Unioue Performance Construction, Inc. Bidder MOUMTAZ KABANY (Print name of Owner or President of Co raspq tion/Company) /President uthorized SignatuiW/ @e President Idle �1S Date\\11 LA 112— On before me, Notary Public, personal) appeare brt�/i ^�Ct7� �r who proved to me on the basis of satisfac evidence tome the rson whose name(sj re subscribed to the within instrument and acknowled ed to me tha� executed the same in/ j9)wc x4r authorized capacity(�'es), and that b7�fherMm4r-signatu�s) on the instrument the pers or the entity upon behalf of wfiich the persortM 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. and official (SEAL) N u d for said State My Co mission Ex res: � 20 City of Newport Beach CONCRETE PAVEMENT REPLACEMENT PROGRAM Contract No. 6304 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 CONCRETE PAVEMENT REPLACEMENT PROGRAM CONTRACT NO. 6304 THIS CONTRACT FOR PUBLIC WORKS ("Contract') is entered into this 24th day of November, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and UNIQUE PERFORMANCE CONSTRUCTION, INC., a California corporation ("Contractor'), whose address is 1321 N. Jefferson Street, Anaheim, California 92807, 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 includes, but not limited to, removing sidewalk, curb and gutter, and access ramps; removing or pruning tree roots; removing trees; constructing PCC sidewalk, curb and gutter, and access ramps; installing tree root barriers, restoring private improvements impacted by the work, and other incidental items to complete work in place as required by the contract documents (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractors bid, and the compensation set forth in this Contract, is based upon Contractors 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. 6304, 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. 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 Four Hundred Eighty Three Thousand Four Hundred Twenty Five Dollars and 00/100 ($483,425.00). 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 Moumtaz Kabany 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. Unique Performance Construction, Inc. Page 2 Is] i[d41d3dW1IiTi 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: Moumtaz Kabany Unique Performance Construction, Inc. 1321 N. Jefferson St Anaheim, CA 92807 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 Unique Performance Construction, 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. 9.1 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 Unique Performance Construction, 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 Unique Performance Construction, 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. Unique Performance Construction, 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 parry 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 Unique Performance Construction, 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 or applicant for employment because of race, religious creed, color, national origin, Unique Performance Construction, Inc. Page 8 ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, 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] Unique Performance Construction, 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 ATTORNEY'S OFFICE Date: 11 dulls By: a W L---. Aaron t. Harp CAM City Attorney ATTEST: Date: a• �I. j� By: i4� I Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California m nicipal corporation Date: �'Er3 '� �A(o By: _ IrILD"k Edward D. Se ich Mayor CONTRACTOR: Unique Performance Construction, Inc., a California corporation Date: By: Mou taz Kabany President/Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Unique Performance Construction, Inc. Page 10 EXHIBIT A CITY OF NEWPORT BEACH BOND NO.1001053141 Premium Included in Performance Bond. LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Unique Performance Construction, Inc. hereinafter designated as the "Principal,° a contract for the work necessary for the completion of this contract which includes, but is not limited to, removing sidewalk, curb and gutter, and access ramps; removing or pruning tree roots; removing trees; constructing PCC sidewalk, curb and gutter, and access ramps; installing tree root barriers, restoring private improvements impacted by the work, and other incidental items to complete work in place as required by the contract documents, 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 Principars 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, American Contractors Indemnity Company. 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 Four Hundred Eighty Three Thousand Four Hundred Twenty Five Dollars and 00/100 ($483,425.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, In case suit is brought to enforce the obligations of this Bond, a reasonable 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. Unique Performance Construction, Inc. 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 of 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 15th day of December, , 2015 . Unique Performance Construction, Inc. %QSlGlei1� Name of Contractor (Principal) Authorized Signaturetritle American Contractors Indemnity Name of Surety Company r.01An ffgueTp &hA17Suite 1600, Address of Surety (310) 649-0990 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: $111V By: 1A Y V 1 , Aaron C. Harp (Am o%l ot-1 i U City Attorney Authorized Agent Signature Pietro Micciche, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Unique Performance Construction, Inc. Page A-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 December 15, 2015 before me, Maria Delia Armogeda, Notary Public Date Here Insert Name and Title of the Officer personally appeared Moumtaz Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person* whose name( Wan subscribed to the within instrument and acknowledged to me that hefq� executed the same in hisAw/tMRr authorized capacitypes), and that by hisAmwAll wr signature() on the instrument the person(a), or the entity upon behalf of which the person) acted, executed the instrument. MARIA DELTA AIMOGEDA 11 COMM. #2133380 z dNotary Public • Cflitornia a Z Orange County — Comm. Ex rtes Nov. 9, 2019 Place Notary Seal Above 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 _j Signa ure of Notati4ublic OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Labor and Materials Payment Bond Document Date: necemhPr 15 9ma Number of Pages: 9 Signers) Other Than Named Above: N/A ; None Capacity(ies) Claimed by Signer(s) Signer's Name: Moum— taz Kaban WCorporate Officer — Title(s): Firesicient ❑ Partner — C Limited ❑ General ❑ Individual Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing Signer's Name: ----- ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator l Other: Signer Is Representing: Genstniefien, Inc. 02015 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA. .... �: .�... ii ,.�-.. ...:w ..�... i- ..,I �. 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 riot the truthfulness, accuracy, or validity of that document. State of California j County of Los Angeles j On December 15th, 2015 before me, _ Trina Lee Vega, Notary Public , Date Here Insert Name and Me of the Officer personally appeared Pietro Micciche Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($) whose name(o) is/46 subscribed to the within instrument and acknowledged to me that he/silhel ffdy executed the same in his/W/tWir authorized capacityGps), and that by hislhW/W#jr signature(is) on the instrument the person(q), or the entity upon behalf of which the person(s) acted, executed the instrument. T, IN'.'.EE My C 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 #ficial seal. / Place Notary Seal Above O)MON.4L Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Descrytion of Attached Document Title or Type of Document: Number of Pages: Signer(s) Document Date: Other Than Named Above: Capacity0es) Claimed by Signer(s) Signer's Name: Ci Corporate Officer — Title(s): T., Partner — G Limited ❑ General D, Individual K Attorney in Fact '; Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Tl ie(sj: ❑ Partner — ❑ Limited ❑ General ❑ Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: :rr • :rr ..: r POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY CO . ANY U.S. SPECIALTY INSURANCE -COMPANY KN0W`=:AEE` MEIT=BY THESE e o NT:1 1rperican Contractos Itrmnr� C6a Califomia oorporrdon—Texas �Co�d aPRESENTS: Sontractors Indemni mpaR Ufiite&States Surety Company,-zNfaryland -corporation and U.S. Specialty Insurance Company, a Texas corporation (tolleectively, the "Companies"), do by these presents make, constitute and appoint: Patricia Zerl Elisabete Salazar or Pietro Micciche of Los Angeles California its true and lawfill Sttorney(s Pin -f er n ttreufsepar capacity if mode tint one is named above, with full powera� a to - -herebyconferred in its name, lace an�teAWe�u cknowledge and de ive'r any and all bonds, recogmzanceeinRdert-Altirtgs or other instruments or contracts of -suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.00** ). This Power of Attorney shall expire without further action on December 20,2017. This Power of Attorney is granted under and by authority ofthel'ollowing resolutions adopted by the 13cards of Directors of theCmpanres� - tesntved taamhePresident, any Vide-Presldel my Assistant vim -President, arty See m#y a _AssrstamMcrffiary shall be and Whereby vested -with -f l pnw�anr] r t ty-ntappoint any one or more surltabfe pirsons as At�orney(s)-in-Fact to represent an"etIbIr atm -.ons f of the Company sahyact to the fallovnng - :provrsasr&- _- Anonrey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contacts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and anysuch instruments so executed by any such shall be binding upon the Company as if signed by the President and sealed and effel bythe Corporate Secretary, --_ Be a -Resolved that the -signature of any auQ_wt sdxtBicer_ftVMftW- t Company heretofore or hereafter od to spy power of attorney o azr eeRrlicar Asn =:: thereto by facsunde, and any power of aaom a ca ,eazrng mile signature or fwsidaile seals ll be valid and binding upon the Cm�ty�th lespeg4o any bond or undertaking to which it is attached— -- -- : -- IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1 st day of December, 2014. certificate is County of Los Angeles SS: mNrrY COMPANY :xA-BONDIITt COMPANY : - 'ANY U.S. SPECIALTMAIRANCE5COMPANY _ ty a? Daniel— P. Aguilar, Vice Pressd�ent manly the identity ottha individual who sigucd the — ness, accuracy, or validity of that do'C;irmerl - On this 1st day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American rTm basiszsL s�isPacto_ evidence to be the whose name Ss s S tes Surety Company sat S Sp i insurance Company who-Trovd.to aeon _ Contractors Wry oat an , Texas Banding CJ 'tall t� mmly, C P Y 8 CoCpmpa person uba'pribed to the wry instrmner�nd aekriawed tome that hr<,cxecutr�stthes_ame m the person, or the enamor-trfhchatf whit r�pereon acted, executed the instrument - __. �s�nkrorrzede d that by his signature on the instnument _ _>- _ -- _ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and coned. WITNESS my hand and official seal. I _ ] all G. RODRIGUEE•YPOR.. 7 Commission 02019771 Signature, - _ _ ( I __ i v Rotary Public . Califomla z - _ - = z Los /l'npbles Cosa I t _ I'. Comm. " " ' On j% 2017 I, Michael Chalekson , Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney we in full fo�and�ff eft= W Witness VAerel have hereunto set my: handlanyt a xed the seals of said, Coniplames 6MOE6ngeles, California this _ } �fieasha 2015 . . .Corporate Seal$s"`,,,,Ci0�.3 kg avq'"u4 WWo„4iao� ..�Q ; e• ¢ g% 1W1053141 3°'. m, `- a wl ch rstar�r Bond -Aso. 4 -N �- s «.2 'Mi Michael AsststantSec z�...., Agency No. 30M EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 1001053141 Premium: $9,252.00 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 9.252. oo . being at the rate of $ 2s. 50 First $100, 000 & thousand of the Contract price. $18.00 On the Balance. WHEREAS, the City of Newport Beach, State of California, has awarded to Unique Performance Construction, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract which includes, but is not limited to, removing sidewalk, curb and gutter, and access ramps; removing or pruning tree roots; removing trees; constructing PCC sidewalk, curb and gutter, and access ramps; installing tree root barriers, restoring private improvements impacted by the work, and other incidental items to complete work in place as required by the contract documents, 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 American Contractors Indemnity Company, , 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 Four Hundred Eighty Three Thousand Four Hundred Twenty Five Dollars and 001100 ($483,425.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, Its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 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 Unique Performance Construction, Inc. 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 the Principal and Surety above named, on the 15th day of December. 22015_.Unique Performance construction p Inc. / res;cle'rlt Name of Contractor (Principal) Authorized Signature/ritle American Contrartore Lu ni Name of Surety Company 601 S. Figueroa St., Suite 1600, Los Angeles, CA 90017 Address of Surety (310) 649-0990 Telephone APPROVED AS TO FORM: CITY ATTQRNj-Y_'S OFFICE Aaron C. Harp uM 0% City Attorney Authorized Agent Signature Pietro Mirrirhe Attorney—in—Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Unique Performance Construction, Inc. Page B-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 December 15, 2015 before me, Maria Delia Armogeda, Notary Public Date Here Insert Name and Title of the Officer personally appeared Moumtaz Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person* whose name* is/A. subscribed to the within instrument and acknowledged to me that he/3ie/AMR-executed the same in hisAm-WIa r authorized capacity(igm), and that by his/tmr/thok signature(a) on the instrument the person(,; or the entity upon behalf of which the person(* acted, executed the instrument. i MARIA DELHI ARMDBEDA COMM. #2133380 : ' a Nottary Pae ly M110 COMM 9, 2019 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— .I ignature •' � ✓Signature of No ary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: n her 15 vms Number of Pages: 9 Signer(s) Other Than Named Above: N/A ; None Capacity(ies) Claimed by Signer(s) Signer's Name: Moumtaz Kaban Signer's Name: ---- WCorporate Officer — Title(s): President D Corporate Officer — Title(s): D Partner — D Limited ❑ General D Partner — D Limited D General 1 7 Individual D Attorney in Fact D Individual D Attorney in Fact C Trustee D Guardian or Conservator D Trustee D Guardian or Conservator C Other: D Other: Signer Is Representing: Urfiqua Performance Signer Is Representing: 02015 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 A notary public or other officer completing this certificate verges 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 _ Los Angeles ) On December 15th. 2015 before me, _ Trina Lee Vega, Notary Public Date Here Insert Name and Title of the Officer personalty appeared Pietro Micciche Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(y) istaNA subscribed to the within Instrument and acknowledged to me that he/siefthidy executed the same in his/hffi /Milir authorized capacity(ws), and that by his W/Vpjr signature(a) on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. T1 ,pi, , EE -.y", 0-,, Issian # c % ttdi�r CaIF,• 7, 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 anafficial peal. / Signature tJ Sig re of Notary Public Place Notary Seal Above OP77ONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capactty(es) Claimed by Signer(s) Signer's Name: CI Corporate Officer — Title(s): ❑ Partner — Ci Limited ❑ General 17 Individual 6l Attorney in Fact Trustee ❑ Guardian or Conservator Other: Signer Is Representing: Signer's Name: C] Corporate Officer — Title(s): ❑ Partner — ❑ Limited C7 General ❑ Individual F-1 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY C„OMPANY U.S. SPECIALTY INSURANCFF-COMPANY K-NDW—Ull MEM13Y THESE 'PRE JEN T$: Thai AmIrican Contractem Ariddmn Coruna a California �oeporanon Texas an assumed name of pm! ericnii Ctintractors Indemnit m�angi�ted-Sfates Surety Conip ry R Maryland tt� many, corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Patricia Zenizo, Elisabete Salazar or Pietro Miceiche of Los Angeles California LsArue and _lawfti Attomey(s)-in- n lftetcsejarsde�capacity if more than one is named above, with full po WwW *ntacjiy:: Jtereby conferred in its name, place anqtst�ett�, cknowledge and deliver any and e11 �6onds, recogoizaa uneSakx�gs� or other instruments or contracts suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ""'Three Million•"" Dollars ($ "3,000,000.00" ), This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority o wing resolutions adopted by the Boards of Directors of the Companies:- -it -- ResoivdWThatthelFresident, any ViwfresideSrt, any I ssr�t u V*e-President, any 5 [ efany ss mrESecrstsry shall be and is hereby vestm=Wiflr-i'utl ar vrsEandautl3orit 3 point ty one or more suitable per Iles �ttlney(s)-m-Fact to repreaes€and-act in andialibetialf of the Company=subjeettetheZallowing._ Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained Percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and aoy_�h instruments so executed by any such Attomey_-m-Fact shall be binding upon the Company asif signed by the President and sealed and effected=_ by the Corporate Secretary Be it Resl that the signature of any autriortzad i is nd-seaF 't company hemtofor�lor hems h -t afFut4 tollanylipower of attomey oc a "Wikaietiliuri _thereto by facsimile, and any power of attomx r ci> bo�mg firimle signature or facs}mllp seal shall be valid and binding upon the C��-anysvidijasp io --- any Mondor undertaking to which it is attached— IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1 st day of December, 2014. - -State of California County of Los Angeles SS: On this 1 at day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors ]ndeaihitKompany, Texas Bonding Crompan, Wtgd States Surety Company t,nd=l S. Speciaii ranee Company who proved to ni on basis -of-- sausia� vidence to be tiie pensdn whose n� a is subscribed to the wiffim teshumeer�ndac -, to me that he executethihe-sarnein -- hismithmf iml tacr� mtci that by his signature on'thel'insVutnemilthe person, or the the= -person acted, executed-the=mstrn mel I cert under PENALTY OF PER.iURY under the laws of the = - -- -- certify State of California that the foregoing paragraph is one and correct. WITNESS my hand and official seal. Wool G. RUMIQUE2•110N8 Cmnmipsion / 2049777 Stgna[um- Nolary, Public. Caltlornla Z 1.06 Angi Crotty - I, Michael Chalekson , Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty hisurance Company, do hereby certify that the above and foregoing is a trine and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force anti ft itnr s ereol =i have hereunto setimy handlllati"d ii d the seals of siiidleott[ att atia�. eles, Califomiathis!3 �y DeAmm , 2015. - - Corporate Seals"`�"�ron"'v ssuii"a, °`µLtup'Mn __ of c; \A ... _ Bond No. 1001053141 $F1 Michael Chalekson AssistantSec�ary Agency -No.- 3057 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 11/24/15 Dept./Contact Received From: Raymund Date Completed: 1/15/16 Sent to: Raymund By: Chris/Alicia Company/Person required to have certificate: Unique Performance Construction Type of contract: All Others GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 11/13/15-11/13/16 A. INSURANCE COMPANY: Colony Insurance Company B. AM BEST RATING (A-: VII or greater): A:XIII C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1M or greater): What is limit provided? 1M/2M E. ADDITIONAL INSURED ENDORSEMENT—please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must INSURANCE COMPANY: Allstate Insurance Company include): Is it included? (completed Operations status does B. not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND ADMITTED COMPANY (Must be California Admitted): COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured F. is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No H. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 11/1/15-11/1/16 A. INSURANCE COMPANY: Allstate Insurance Company B. AM BEST RATING (A-: VII or greater) A+:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? IM 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): ® NIA ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: 0 NIA 0 Yes 0 No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 6/30/15-6/30/16 A. INSURANCE COMPANY: Zurich American Insurance Company B. AM BEST RATING (A-.- VII or greater): A+:XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) 1 M 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 ® N/A ❑ Yes ❑ No V POLLUTION LIABILITY ® N/A ❑ Yes ❑ No V BUILDERS RISK ® NIA ❑ Yes ❑ No ® Yes ❑ No Approved: 1/15/16 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: Risk Management approval is needed for the non -admitted status of the general liability carrier. Sheri approves GI carrier 12/4/15. Approved: Risk Management Date " Subject to the terms of the contract. City of Newport Beach CONCRETE PAVEMENT REPLACEMENT PROGRAM Contract No. 6304 Proposal Line Items shall be submitted via PlanetBids. PR -1 City of Newport Beach CONCRETE PAVEMENT REPLACEMENT PROGRAM (C-6304), bidding on November 5, 2015 10:30 AM Bid Results $5,500.00 Bidder Details Vendor Name Unique Performance Construction Inc. Address 1321 N. Jefferson St. $4.400.00 Anaheim, CA 92807 3 Remove and Construct 44nch Thick P.C.C. Sidewalk United States Respondee Mall Kabany Respondee Tine Manager Phone 714-528-2220 Ext. Email uniqueperfomrancmonsWcOon@yahoo.com Vendor Type License # 1000 CA D1R $44,000,DD Bid Detail Bid Formal Electronic Submitted November 5, 2015 9:64:45 AM (Pacific) Delivery Method Bid Responsive Yes Bid Status Submitted Confirmation# 67092 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name Bid Broposal Bid Propcsal.pdf band deliverd Bid Proposal.pdf bond already delivered Bid Proposai.pdf Line Items Type Item Code UOM Qty Unit Price Section 1 1 Mobilization File Type Bid Submittal Bidders Bond Bid Bond Line Total Comment Lump Sum 1 $5,500.00 $5,500.00 2 Traffic Control Lump Sum 1 $4.400.00 $4,400.00 3 Remove and Construct 44nch Thick P.C.C. Sidewalk Sq. FI. 40000 $5.50 $220,00D.OD 4 Remove and Construct Type'A' P.C.C. Curb and Gutter Unear Ft. 1000 $44.00 $44,000,DD PlanotSids, Inc. Page 1 City of Newport Beach CONCRETE PAVEMENT REPLACEMENT PROGRAM (C-6304), bidding on November 5, 2015 10:30 AM Bid Results Type Item Code Uom on Unit Price Line Total Comment 5 Remove and Construct Residential P.C.C. Driveway Approach $9. FL 500 $10.00 $5,000.00 6 Remove and Construct Commercial P.C.C. Driveway Approach Sq. FI. 1000 $10.00 $10,000.00 7 Remove and Construct P.C.C. Allay Approach Sq. Fl. 8000 $11.00 $88,000.00 6 Remove and Construct 84nch Thick P.C.C. Cross Gutter Sq. Ft. 500 $11.00 $5,500.00 9 Remove and Construct Catch Basin Cap Per Sid -305 -1 - Sq. Ft. 300 $16.50 $4,950A0 10 Prune Tree Roots (L=10') Each 150 $150.00 $22500.00 11 Install Tree Root Barrier (L=1(I') Each 5 $85.00 $425.00 12 Tree Removal Each 2 $1.200.00 $2,400.00 13 Furnish S Install Tree (36 -Inch Box) Each 2 $3,000.00 $6,000.00 14 Contract ISA Certified Arhorlst Lump Sum 1 $2.700.00 $2,700.00 15 Remove and Construct P.C.C. Curb Access Ramp Each 15 $3,300.00 $49500.00 16 install Raised Truncated Dames at Existing Access Ramp Each 5 $330.00 $1.650.00 17 Replace Existing Pull Box and Cover Each 15 $330.00 $4,950.00 18 Remove & Replace with New Water Meter Box & Cover Each 5 $440.00 $2,200.00 19 Remove & Replace with New Valve Box and Cover Ench 5 $550.00 $2,750.00 Planet6ids, Inc. Page 2 City of Newport Beach CONCRETE PAVEMENT REPLACEMENT PROGRAM (46304), bidding on Novembers, 2015 10:30 AM Bid Results Type hem Code Uom ay Unit Price Llne Total Comment 20 Re-establish Comer RecordlMonument (408 Heliotrope Avenue) Each 1 $1.000.00 $1.000.00 Subtotal $483.425.00 Total $483.425.00 Subcontractors Name 8 Address Description License Num Amount Type V&E Tree Service Prune trees, bee banters, Use removal, new tree and 654506 831.125.00 P.O. Box 3280 certified arborist Orange. CA 92865 United Slates PlanetSids, Inc. Page 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS OF CONTRACT NO. 6304 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Work Schedule; (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements; Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2 ---SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract includes, but not limited to, removing sidewalk, curb and gutter, and access ramps; removing or pruning tree roots; removing trees; constructing PCC sidewalk, curb and gutter, and access ramps; installing tree root barriers, restoring private improvements impacted by the work, and other incidental items to complete work in place as required by the contract documents." 2-9 SURVEYING 2-9.3 Survey Service. Add to this section: "The Contractor shall notify the City in writing two working days in advance of the time that the project markings or delineations are needed. All existing street and property corner monuments are to be preserved. The Contractor will be back -charged for the cost of restoring any survey ties and/or SP2OF19 monuments damaged by the Contractor, including the cost of filing the required corner records or record of surveys with the County of Orange." 2-9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 ---CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this section with, "(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 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 of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 ---CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 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 SP 3 OF 19 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 one week upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5-2 PROTECTION. Add the following: "In the event that a pull or meter box or cover that is not scheduled for replacement is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover and size at no additional cost to the City." 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 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. SP 4 OF 19 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." 6-2 PROSECUTION OF WORK. Add to this section: "Before pruning tree roots listed on the Work Schedule as 'Contract Arborist to Inspect', the Contractor's ISA Certified Arborist shall provide written documentation indicating tree root pruning can be performed without future tree damage. For trees requiring arborist inspection, the concrete work around the trees may be modified or eliminated from the contract. If the arborist cannot provide an explicit recommendation or requests tree removal, the Contractor shall obtain written approval from the Engineer to perform root pruning or tree removal work. The City's review time may take up to ten working days. Upon review, the Engineer will provide instructions to the Contractor regarding each tree's disposition. Trees slated for removal will be paid at the contract bid price. Working days will not be added to contract time for the City's review." 6-7 TIME OF COMPLETION 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 85 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability 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 1st (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4tH the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24tH (Christmas Eve), December 25th (Christmas), and December 31st (New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." 6-7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. SP 5 OF 19 The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $215 per hour when such time periods are approved. SEQUENCE OF CONSTRUCTION: 1. Newport Center 2. Eastbluff 3. Airport Area 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, or the work in a designated area, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00." Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the City and Contractor that $500.00 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." SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-1.2 Temporary Utility Services. Add to this end of this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $857.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc. SP 6 OF 19 City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water" 7-7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shutdown of water and/or sewer facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. The City must approve any nighttime work in advance. It is the Contractor's responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down." The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting the Utilities Operation Manager, at (949) 644-3011." 7-8 WORK SITE MAINTENANCE Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at SP 7 OF 19 www.newportbeachca.gov/publicworks and clicking on pennits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs). Add to this section: The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-8.7.2 Steel Plates. "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 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 (W.A.T.C.H.), 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)." SP8OF19 7-10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detours shall incorporate the following items: Emergency vehicle access shall be maintained at all times. 1. 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. 2. All advanced warning sign installations shall be reflectorized and/or lighted. 3. 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- 3466 and all affected property owners." 4. Type II barricades shall be located at the beginning and end of each individual closed pedestrian access area from time of removal until final cure of the sidewalk. 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." 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 SP9OF19 the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-10.7 Notices to Residents and Businesses. The Contractor shall deliver a construction notice to residents and businesses within 500 feet of the project, ten working days prior to starting work, 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 and businesses a second written City Notice 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 and provided by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess an "A" or "C-8" License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a Business License issued by the City of Newport Beach. At the time of the award and until completion of work, the Contractor shall retain an ISA Certified Arborist to assess all tree locations noted on WORK SCHEDULE. At the start of work and until completion of work, the Arborist shall possess a Business License issued by the City of Newport Beach. SECTION 9 ---MEASUREMENT AND PAYMENT kII��i\YuL�Y>r SP 10 OF 19 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: Work under this item shall include, but not limited to, providing bonds, insurance, submittals, and financing; establishing a field office; preparing and updating the SWPPP or BMP Plan and construction schedule; attending all construction meetings; surveying services; demobilizing; and completing and +keeping records of existing conditions prior to starting work for the Contractor's protection; and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include, but not limited to, all labor and materials relating to delivering all required notifications, posting signs and all costs incurred notifying residents and businesses. In addition, this item includes traffic control plans prepared and signed by a California -licensed Traffic Engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, temporary striping, flag persons, and changeable message boards. 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 Remove and Construct Minimum 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing sidewalk, compacting subgrade, constructing 4 - inch thick minimum P.C.C. sidewalk per CNB STD -180-L, installing temporary AC sidewalk, adjusting sidewalk to grade to match adjacent improvements, making in-kind repairs to private improvements impacted by the work such as irrigation systems, bricks, pavers, plants, shrubs, decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions, and all other work items as required to complete the work in place. Location of sidewalk removals and construction shall be directed by the Engineer during construction. Contractor shall complete all private improvement repairs within five (5) calendar days of City notification. Item No. 4 Remove and Construct Type "A" P.C.C. Curb and Gutter: Work under this item shall include, but not limited to, all labor and materials relating to SP 11 OF 19 removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing Type "A" P.C.C. curb and gutter per CNB STD -182-L, 12" wide x 12" deep A.C. patch back, installing dowels, curb painting, re -chiseling of curb face for existing underground utilities, restoring all existing public and private improvements damaged by the work, making in-kind repairs to private improvements impacted by the work such as irrigation systems, bricks, pavers, plants, shrubs, decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions, and all other work items as required to complete the work in place. Location of curb and gutter removals and construction shall be directed by the Engineer during construction. Contractor shall complete all private improvement repairs within five (5) calendar days of City notification. Item No. 5 Remove and Construct Residential P.C.C. Driveway Approach: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing, and disposing existing improvements associated with curb and gutter removals, and constructing P.C.C. driveway approach per CNB STD -164-L, 12" wide x 12" deep A.C. patch back, steel plating, restoring all public and private improvements impacted by the work; such as irrigation systems, bricks, pavers, plants, shrubs, decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions, and all other work items as required to complete the work in place. Contractor shall complete all private improvement repairs within five (5) calendar days of City notification. Location of driveway removals and construction shall be directed by the Engineer during construction. Item No. 6 Remove and Construct Commercial P.C.C. Driveway Approach: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing existing improvements and constructing P.C.C. driveway approach per CNB STD -161-L, 12" wide x 12" deep A.C. patch back, steel plating as needed providing access during non -working hours, restoring all public and private improvements impacted by the work; such as irrigation systems, bricks, pavers, plants, shrubs, decorative stones, walls, walks, fences, sod, other private improvements to preconstruction conditions and all other work items as required to complete the work in place. Contractor shall complete all improvement repairs within five (5) calendar days of City notification. Location of driveway removals and construction shall be directed by the Engineer during construction. Item No. 7 Remove and Construct P.C.C. Alley Approach: Work under this item shall include, but not limited to, all labor and materials relating to removing existing improvements and constructing P.C.C. alley approach per CNB STD -142-L, 12" wide x 12" deep A.C. patch back, steel plates as needed providing access during non -work hours, and all other work items as required to complete the work in place. Work under this item shall also include the removal and replacement of the existing curb per CNB STD -182-L Type B. Omission of this payment item in its entirety shall not result in any compensation. SP 12 OF 19 Item No. 8 Remove and Construct 8 -Inch Thick P.C.C. Cross Gutter: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing and disposing damaged portions of existing cross gutter and spandrels, compacting subgrade and base material, installing dowels and base material, constructing 8 -inch thick P.C.C. cross gutter per CNB STD -185-L, 12" wide x 12" deep A.C. patch back, adjusting City utility facilities such as street lighting, sewer, water, etc. boxes and covers to grade, and all other work items as required to complete the work in place. Location of cross gutter removals and construction shall be directed by the Engineer during construction. Omission of this payment item in its entirety shall not result in any compensation. Item No. 9 Remove and Construct Catch Basin Cap Per Std -305-L: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing and disposing damaged portion of existing catch basin cap and spandrels, compacting subgrade, placing base material, compacting base, installing dowels, face plate, frame & cover, constructing P.C.C. cap per CNB STD -305-L, and all other work items as required to complete the work in place. Item No. 10 Prune Tree Roots (L=10'): Work under this item shall include, but not limited to, all labor and materials relating to root pruning and disposing per Section 308-1, removing and disposing of excess soil, reviewing trees identified on the Work Schedule by ISA Certified Arborist, and all other work required to complete the work in place. All utilities or other improvements damaged by the work, including, but not limited to, street light conduit and wires and private irrigation lines shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 11 Install Tree Root Barrier (L=10'): Work under this item shall include, but not limited to, all labor and materials relating to providing and installing new tree root barriers per Section 308-1, removing and disposing of excess soil, following the direction of the ISA Certified Arborist for trees identified on the Work Schedule, and all other work required to complete the 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. This item may be removed or reduced in the contract at the City's discretion and no compensation shall be made for bid items removed or reduction. Item No. 12 Tree Removal: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of trees, roots to a minimum depth of 18 -inches below ground surface, and soil; adjusting surface grade to match adjacent improvements; making repairs to private improvements impacted by the work such as irrigation systems, bricks, pavers, plants, shrubs, decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions; restoring the ground surface and all other work items as required to complete the work in place. Trees which have not been preselected by the City for removal may take up to ten working days to process and formally approve for removal SP 13 OF 19 per Section 308-1. 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. Omission of this payment item in its entirety shall not result in any compensation. Item No. 13 Install 36 -Inch Box 'Tristania Laurina' (Water Gum): Work under this item shall include, but not limited to, the cost of all labor, equipment, and materials for maintaining, furnishing and installing 36 -inch box 'Tristania Laurina' (Water Gum), transportation, delivery, storage, soil testing, placement, additional soil amendments, and all other work items as required for performing the work complete in place. One color photograph with human or measuring scale shall be provided to the Engineer for approval prior to delivery. A color photograph of the tree shall be taken from the nursery in which the plants will be delivered for submittal. Each tree shall be equipped with a 48 -inch Quick Crete tree grate type QS -48B -TG. Tree installation shall be completed by a C-27 licensed contractor. Item No. 14 Contract ISA Certified Arborist: Work under this item shall include, but not limited to, retaining an ISA Certified Arborist for the purpose of assessing tree condition for locations indentified on the WORK SCHEDULE as "Contract Arborist to Inspect." The Contractor's arborist shall provide written documentation on the condition of each tree and provide pruning recommendations to the Contractor. Following the arborist's report, concrete work around the trees may be modified or eliminated from the contract by the Engineer. Trees which have not been preselected by the City for removal and have been recommended by the arborist may require up to ten working days to process and formally approve for removal, per Section 308-1. 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. 15 Remove and Construct P.C.C. Curb Access Ramp: Work under this item shall include, but not limited to, sawcutting, all labor and materials relating to removing; disposing existing improvements; importing and compacting subgrade; constructing P.C.C. Curb Access Ramp including minimum twelve square feet of raised truncated domes per CNB STD -181-L, retaining curbs, 12" wide x 12" deep AC patch back, curb painting, grooving, doweling into adjacent sidewalk; 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. The Contractor shall have inspected the locations where new access ramps are to be installed and the unit price bid shall apply to all City standard curb access ramp cases. All ramp shall conform to current ADA regulations. Item No. 16 Install Raised Truncated Domes at Existing Access Ramp: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing and disposing of conflicting portions of concrete access ramp, 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 SP 14 OF 19 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. Omission of this payment item in its entirety shall not result in any compensation. Item No. 17 Remove and Replace Existing Pull Box and Cover: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing pull box; furnishing and installing new #3'/2F pull box and cover per CNB STD -204-L or 205-L; reconnecting existing wirings; restoring adjacent areas; and completing all other items as required to restore system operations that were damaged by the work. Location of pull box and cover removals and construction shall be directed by the Engineer during construction. Omission of this payment item in its entirety shall not result in any compensation. Item No. 18 Remove and Replace New Water Meter Box and Cover: Work under this item shall include, but not limited to, all labor and materials relating to removing and replacing water meter boxes, frames and covers to grade per CNB STD - 502 -L or STD -503-L, match the finish surface and all other work items as required to complete the work in place. Omission of this payment item in its entirety shall not result in any compensation. Omission of this payment item in part will not result in renegotiation in unit price. Item No. 19 Remove and Replace New Valve Box and Cover: Work under this item shall include, but not limited to, all labor and materials relating to removing and replacing all water valve frames and covers to grade per CNB STD -511-L, and all other work items as required to complete the work in place. Omission of this payment item in its entirety shall not result in any compensation. Omission of this payment item in part will not result in renegotiation in unit price. Item No. 20 Re-establish Corner Record/Monument (408 Heliotrope Avenue): Work under this item shall include, but not limited to, all labor and materials relating to restoring comer monument and required Record of Survey or Corner Records with the County of Orange upon monument restoration, and all other work items as required to complete the work in place. Omission of this payment item in its entirety shall not result in any compensation. Omission of this payment item in part will not result in renegotiation in unit price. 9-3.2 Partial and Final Payment. 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." SP 15 OF 19 PART 2 CONSTRUCTION MATERIALS SECTION 201 --- CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement Concrete for construction shall be Class 560-C-3250." 201-2 REINFORCEMENT FOR CONCRETE 201.2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans:' 206-5 METAL RAILINGS 206-5.1 Metal Railings Materials. Add to this section: "Handrails shall be Schedule 80 - Type 316, TP316L, stainless steel conforming to ASTM A312. Steel railing shall be welded or seamless steel pipe conforming to ASTM A 53 or ASTM A 501.° 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: www/newl)ortbeachca.gov/generalservices and clicking on refuse, then selecting the link Franchised Haulers List." SP 16 OF 19 300-1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications 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 will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday." 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, Medians, 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%2 inch" of the last sentence with the words "two (2) inches". 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 on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, MEDIANS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General. Add to this section: 1. Driveway approaches shall be reconstructed and open for use within three calendar workdays after the commencement of driveway approach removal. The Contractor shall provide access during non -working hours. The approaches must be available for use over weekends and Holidays. 2. Driveway approaches shall be constructed one half at a time so that garage access is continuously maintained, unless a signed agreement with the property owner is obtained by the Contractor. SP 17 OF 19 3. Curb access ramps, sidewalk, curb and gutter shall be reconstructed and open for use within five calendar workdays after removal. 4. Temporary AC shall be used if the concrete panels will not be replaced within the time limit. 5. Ten inches of curb and gutter subgrade shall be compacted to 95 percent relative compaction. 6. Reconstructed sidewalk and curb access ramps shall be opened to public use on the day following concrete placement. 7. All forms shall be removed, irrigation systems shall be repaired, and backfill or patch -back shall be placed within 72 hours following concrete placement. 8. All damaged private improvements shall be repaired in-kind to the satisfaction of the Engineer within five days of reconstructed work. 9. P.C.C. work subjected to vehicle loads such as driveways and gutters shall not be opened to traffic until the concrete has cured to a minimum strength of 3,000 psi. The Contractor shall detour traffic around such work until the work is ready for public use. 10. All excavated areas shall be allowed to remain open no longer than 24 -hours prior to the placement of concrete." 303-5.5 Finishing 303-5.5.1 General. Add to this section: 'The Contractor shall patch back A.C., P.C.C., brick, or any other hardscape within private property in a manner that matches the adjoining existing private property in structural section, texture and color." 303-5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled W -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor shall call the Utilities Operation Manager, at (949) 644-3011." 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." SP 18 OF 19 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 work. The Contractor shall retain and follow the written recommendation of the approved ISA Certified Arborist for the safe pruning and removing tree roots in areas specified on the Work Schedule. The Arborist shall provide a written report with the recommendations to both the Engineer and Contractor. No trees shall be removed unless formal written approval is provided by the City. Prior to tree removal, the Contractor and Arborist shall arrange to meet with the City's Urban Forester, Mr. John Conway at (949) 644-3083 at the site to discuss City standards and requirements. The contract arborist shall be listed on the Designation of Subcontractor(s) form. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. Tearing of roots will not be acceptable. c. A root pruning sample at one selected site will be conducted and reviewed for approval by the City's Urban Forester. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible or as noted by the Urban Forester on the submittal. 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. All tree roots that are within the sidewalk construction area shall be removed or shaved down. SP 19 OF 19 d. If there is a serious question about the stability of a tree such a large diameter roots must be removed, the Contractor shall notify the Engineer for approval. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. f. For trees recommended for removal, the Contractor shall notify the Engineer who will process the tree removal request with the General Services Department. 4. Root Barrier Specifications: a. Install root barrier panels with the length of each root pruning cut at a minimal of 14" below grade for sidewalks and 26" for curbs. b. The product shall be a minimal of 0.085 thickness and material of polyethylene plastic with ultra violet inhibitors. An example of the product will be submitted for approval by the Urban Forrester. c. The product shall be installed per manufacturer's specifications. The manufacturer's specifications must be submitted prior to commencement of the project." SECTION 400 ---ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400-2 UNTREATED BASE MATERIALS 400-2.1 General 400-2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base, or approved equal, as the base materials." ,. Owl I ,.MIN - NIEMEN MEN m�������■moo MEMO! MINE WORK SCHEDULE WORK SCHEDULE NEWPORT CENTERMMMM�MMMMMM��� WORK SCHEDULE WORK SCHEDULE :.... .....-. WORK SCHEDULE WORK SCHEDULE '• EN m WORK SCHEDULE NEWPORT CENTER CONCRETE REPLACEMENT PROGRAM (C-6304) LOCATION STREET NAME &NO, SIDEWALK (SF) C&G CURB ACCESS (LF) PAINT (1-F) RAMP ROOT RES.OWY. COM.OWY ALLEY CROSS UIEOX PRUNING APPR.(SF) APPR.(SF) APPK(SF) CUTTER SF) (EA) COMMENTS M San Joaeuin Hift Rd. before Newpod COeat Or 150 cer4er medwin mraele 120 cellar mallan concha 55 WIB San Joaquin Hill Rd, 300' Irom Newpad Coast Or 300 WJB San Joaeum HiPs Rd, 500' Lwn 60 at enter median NewpoK Fudge MW 40 atrlgMsbouNer MISCELLANEOUS AREAS Seeview Ave, Mn Larvspw AveaM Maryuertla Ave alley' 20 4000 noeletHeidiap.we Balboa Yacht Bmn 1000 sidewalk amurd see well 2502%isa BrWe(BayaMrm Comm.) 100 t AYey mplaoilla dOOMIA 408 HelloVope Avenue reabre bst mme, monument (1) WORK SCHEDULE