Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
C-7028-2 - Newport Heights Sewer Improvements Project Contract
April 25, 2018 Mike Prlich & Sons, Inc. Attn: Michael Prlich 5103 Elton Street Baldwin Park, CA 91706 Subject: Newport Heights Sewer Improvements — C-7028-2 Dear Mr. Prlich: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 I 949-644-3039 FAx newportbeachca.gov On April 25, 2017, 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 April 26, 2017 Reference No. 2017000168456. The Surety for the contract is Hartford Fire Insurance Company and the bond number is 72BCSHL2345. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure THE FINAL PREM IUM IS Issued in two un (rp PL CONTRA ON THE original counterparts. FINAL CONTRACT AMOUNT EXHIBIT B CITY OF NEWPORT BEACH BOND NO, 72BCSHL2345 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 15,785.00 -,being at the rate of $ 10.02 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Mike Prlich & Sons, Inc. hereinafter designated as the 'Principal," a contract for: he City of Newport Beach, in strict conformity with the Contract on file with distributing notices to affected residents; traffic control; removing interfering portions of existing sewer facilities; constructing sewer main improvements; replacement and installation of sewer laterals and cleanouts; other incidental items of work to complete the project; and restoring affected surface improvements such as asphalt concrete pavement, sidewalks (paths), concrete curbs and gutters, and landscaping within the Newport Heights neighborhood and other sites as needed throughout the City, in the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. All construction for the work shall reference these special provisions, the Standard Specifications and all contract related documents, and Appendices. 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. *Mike Prlich & Sons, Inc. NOW, THEREFORE, we; the Principal, and Hartford Fire Insurance 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 One Million Five Hundred Seventy Five Thousand Three Hundred Seventy Seven Dollars and 00/100 ($1,575,377.00) 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. Mike Prlich & Sons, Inc. Page B-1 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by 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 8th day of July ,20-1-a_. Mike Pdich & Sons, Inc. Name of Contractor (Principal) Hartford Fire Insurance Company Name of Surety One Pointe Dr., Suite 325, Brea, CA 92822 Address of Surety (714) 674-1200 Telephone APPROVED AS TO FORM: CITY ATT R EY'S OFFICE Date: By: Aaron C. Harp fnM rhuacto City Attorney Authorized Slgnaturb Title Michael A. Pdich, President } ?authorized AgentXnature Arturo Ayala, Attomey-in-Fact Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Mike Prlich & Sons, Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange } ss. On July 8th 2015 before me, Arturo Ayala , Notary Public, personally appeared Michael A. Prlich who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.ARTuno AYALA Co #2052517 a e OW, , : Notary PublioCalifornla K /7 _it ORANGE COUNTY u SignSture Arturo Ayala ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of orange } ss. On July 8th 2015 before me, Karen L. Ritto Notary Public, personally appeared Arturo Ayala proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNr9 7nd and official seal. Signature Karen L. Rift NAREN L RITTO / t CO -'N1. 9213852? N ti tart' hibl r-CaliFomia p 0m ANGE COUNTY ma � MyCcEsphasDec30.20191t (seal) Mike Prlich & Sons, Inc. Page B-3 Bond No. 72BCSHL2345 Direct Inquirles/Claims to: THE HARTFORD POWER OF ATTORNEY One Bond T-12 Hartford Plaza Hartford, Connecticut 06155 email: bond.elaims@thehartford.com call: 888.266.3488 1 fax: 860.757.5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Aaencv Code: 72-181009 © Hartford Fire Insurance Company, a corporation duly organized under the laws of the State ofCormecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Q Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Q Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Q Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida naving LF]UH norne umr in narnora, uonnecucut (nerelnaner collectively referred to as the "Gompanles') do hereby make, constitute and appoint, up to the amount of Unlimited Arturo Ayala, Shaunna Burchfiel, Michael Castaneda, Daniel Huckabay, Dwight Reilly, Andrew Waterbury of ORANGE, California their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surely(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009, the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. &9-0 "eu7if7 M ";7.M @@i 9'19 WE John Gray, Assistant Secretary STATE OF CONNECTICUT COUNTY OF HARTFORD ss. Hartford M. Ross Fisher. Vice President On this 12th day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. R ' 0 Kathleen 7. Maynard CERTIFICATE NotaryPublic My Commissiou Expires July 31, 2016 I, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of July 8th, 2016. Signed and sealed at the City of Hartford. t ea? �• y 44wr sI,.YRB 9,v Hrf' ty'll± e` 4i.,,B 1v 1944 y�al 4 �4 ry R R l �A. « ,Rn, Kevin Heckman, Assistant Vice President POA 2012 Claims Inquiries Notice Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of Illinois Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southwest Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number: Fax — Claims E-mail Mailing Address Claims Inquiries Notice 2003 888-266-3488 860-757-5835 or 860-547-8265 claims(cD 1 stepsuretv.com The Hartford BOND, T-4 690 Asylum Avenue Hartford, CT 06115 July 5, 2017 Mike Prlich & Sons, Inc. Attn: Michael Prlich 5103 Elton Street Baldwin Park, CA 91706 Subject: Newport Heights Sewer Improvements C-7028-2 Dear Mr. Prlich: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov On April 25, 2017 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 April 26, 2017, Reference No. 2017000168456. The Surety for the bond is Hartford Fire Insurance Company and the bond number is 72BCSHL2345. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure THE FINAL PREMIUM IS Issued in two (2) PREDICATED ON THE original counterparts. FINAL CONTRACT AMOUNT EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 72BCSHL2345 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Mike Prlich & Sons, Inc. hereinafter designated as the "Principal," a contract for. distributing notices to affected residents; traffic control; removing interfering portions of existing sewer facilities; constructing sewer main improvements; replacement and installation of sewer laterals and cleanouts; other incidental items of work to complete the project; and restoring affected surface improvements such as asphalt concrete pavement, sidewalks (paths), concrete curbs and gutters, and landscaping within the Newport Heights neighborhood and other sites as needed throughout the City, 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. All construction for the work shall reference these special provisions, the Standard Specifications and all contract related documents, and Appendices. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. `Mike Prlich & Sons, Inc. NOW, THEREFORE, We'the undersigned Principal, and, Hartford Fire Insurance 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 One Million Five Hundred Seventy Five Thousand Three Hundred Seventy Seven Dollars and 001100 ($1,575,377.00) 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 Mike Prlich & Sons, Inc. Page A-1 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. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9900 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder 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 0th day ofJuly , 20_16 Mike Pdich & Sons, Inc. j{j 1"'t.-4, Name of Contractor (Principal) Authorized Signature/Title Michael A. Pdich, President Hartford Fire Insurance Name of Surety One Pointe Dr., Suite 325, Brea, CA 92822 Address of Surety (714) 674-1200 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: l �'/' I lyL Vim--- ►V Aaron C. Harp rhM mlurlw City Attorney Authorized Agents nature Arturo Ayala, Attomey-in-Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Mike Prlich & Sons, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completinghis t 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 )ss. On July 8th 2016 before me, Arturo Ayala Notary Public, personally appeared Michael A. Prlich who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han d official seal. ARTURoavALA COMM.#2052517 n Notary Publio-California K .Z N'. ORANGE COUNTY u My Comm. Expires Jan 10, 2018 Signature Arturo Ayala (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange } SS. On July 8th 20 16 before me, Karen L. Ritto Notary Public, personally appeared Arturo Ayala proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. - KAREN L. RITTO WITNESS,m,y hand and official seal �� COMM #2138527 � Noiary Public-Calrtorrna y 4 ORANGE COUNTY L ' a My Comm. Expires Dec 30,20' Pil Signature Karen L. Ritto (seal) Mike Prlich & Sons, Inc. Page A-3 Bond No. 72BCSHL2345 Direct Inifimnes(Claims to: Y THE HARTFORD Bond T-12 POWER OF ATTORNE One Hartford Plaza Hartford, Connecticut 06155 email: bond.claims@thehartford.com call. 888-266-34881 fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Acii Code: 72 -181009 © Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation dully organized under the laws of the State of Indiana © Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida naving men nome Orrice In namom, uonneCOCut (nerematter collectively referred to as the -Companies") do hereby make, cons up to the amount of Unlimited Arturo Ayala, Shaunna Burchfiel, Michael Castaneda, Daniel Huckahay, Dwight Reilly, Andrew Waterbury of ORANGE, California their true and lawful Adomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009, the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. "Srt, y,_ .'7 w iu Leat � �16+i0i+g3 ^., M/- John Grey, Assistant Secretary STATE OF CONNECTICUT j as. Hartford } COUNTY OF HARTFORD )) M. Ross Fisher, Vice President On this 12th day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly swum, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. x Kathleen T. Maynard CERTIFICATE Notary Public My Commission Ezpues July 31, 2016 I, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of July 8th, 2016. Signed and sealed at the City of Hartford. YuyN p srt.s,+ asq� wvy� �0A7 'S t 9�,4► ,+nm4na/'^ rbW. '° SA 79 � 3 /A297' i � r929 Y*ov'43, 1 Kevin Heckman, Assistant Vice President POA 2012 Document -3166317 -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 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE *$ R 0 0 0 9 2 2 7 2 2 5$ 201700016845612:31 pm U26117 2174051412 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 Mike Prlich & Sons, Inc., Baldwin Park, as Contractor, entered into a Contract on June 28, 2016. Said Contract set forth certain improvements, as follows: Newport Heights Sewer Improvements C-7028-2 Work on said Contract was completed, and was found to be acceptable on April 25. 2017 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Hartford Fire Insurance Company. City of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. about:blank 04/26/2017 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 Mike Prlich & Sons, Inc., Baldwin Park, as Contractor, entered into a Contract on June 28, 2016. Said Contract set forth certain improvements, as follows: Newport Heights Sewer Improvements C-7028-2 Work on said Contract was completed, and was found to be acceptable on April 25, 2017 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Hartford Fire Insurance Company. BY ✓ rublic orks Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. BY y CI k CITY OF NEWPORT BEACH CITY CLACK 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 10:00 AM on the 8th day of June, 2016, at which time such bids shall be opened and read for NEWPORT HEIGHTS SEWER IMPROVEMENTS Contract No. 7028-2 $ 1,500,000.00 Engineer's Estimate Approved by oat 4 -L --- /Mark Vukojevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via Mouse Graphics at (949) 548-5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" For further information, call Frank Tran, Project Manager at (949) 644-3340 City of Newport Beach NEWPORT HEIGHTS SEWER IMPROVEMENTS Contract No. 7028-2 TABLE OF CONTENTS NOTICEINVITING BIDS......................................................................................... Cover INSTRUCTIONS TO BIDDERS.......................................................................................3 BIDDER'S BOND.............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)....................................................................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................................................15 ACKNOWLEDGEMENT OF ADDENDA........................................................................17 INFORMATION REQUIRED OF BIDDER.....................................................................18 NOTICE TO SUCCESSFUL BIDDER............................................................................21 CONTRACT................................................................................................................... 22 LABOR AND MATERIALS PAYMENT BOND ............................................ Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS................................................................. Exhibit C PROPOSAL............................................................................................................... PR -1 SPECIAL PROVISIONS............................................................................................SP-1 2 City of Newport Beach NEWPORT HEIGHTS SEWER IMPROVEMENTS Contract No. 7028-2 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 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. 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 Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated 3 quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 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 been rev'ewed 7474' Contractor's License No. & Classification Authorizedigna ure/Title 000040&S-19 DIR Reference Number & Expiration Date /si/%F /�u lG L�No dfi /NG' Bidder E 6 Dates Bond No. CSBA-2292 City of Newport Beach NEWPORT HEIGHTS SEWER IMPROVEMENTS Contract No. 7028-2 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 Amount Bid Dollars ($10^%ofAmount Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of NEWPORT HEIGHTS SEWER IMPROVEMENTS, Contract No. 7028-2 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 27th day of Mike Prlich & Sons, Inc. Name of Contractor (Principal) Hartford Fire Insurance Company Name of Surety 155 North Lake Avenue, 8th Floor, Suite 849 Pasadena, CA 91101 Address of Surety (714)674-1200 Telephone 2016. Authorized Signaturefritle Authorized Agen ' ature Arturo Ayala, Attorney -in -Fact Print Name and Tale (Notary acknowledgment of Principal & Surety must be attached) 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 5/27/16 before me, Susan Pugh Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Arturo Ayala Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/we subscribed to the within instrument and acknowledged to me that he/shatibey executed the same in his/hex ltiak authorized capacity(ies), and that by his/ha&%heir signatures) on the instrument the h,tsr>uc person(is), or the entity upon behalf of which the person(s) m,t r 21054 05 a acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of oral} the State of California that the foregoing paragraph is true i.,.___. '.. _.,....:�.:.:.:...._. ..... and correct. Witness my hand and offici I s a.. Signature Place Notary Seal Above Signal re of Notary Public usan Pugh OPTIONAL Though the information below is not required by law it mayprove valuable to persons relying on the document fraudulent the form to document. and could prevent removal anJ reattachment of another Description of Attached Document Title or Type of Document: Bid Bond Document Date: 5/27/16 Number of Pages: One Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer —Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General [� Attorney in Fact •- ❑ Attorney in Fact : •- • ❑ Trustee• • [I Trustee • ❑ Guardian or Conservator I Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Bond No. CSBA-2292 Direct Inquiries/Claims to: Y THE HARTFORD Bond T-12 POWER OF ATTORNE One Hartford Plaza Hartford, Connecticut 06155 email: bond.claims@thehartford.com call: 888-266-34881 fax: 860-757.5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Aaencv Code: 72-1.81009 © Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana © Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly orgauized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut (hereinafter collectively referred to as the "Companies') do hereby make, cons up to theamount of Unlimited Arturo Ayala, Shaunna Burchfiel, Michael Castaneda, Daniel Huckabay, Dwight Reilly, Andrew Waterbury of ORANGE, California and appoint, their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009, the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. t16 N yL � ♦ .6•w • ,,. ' .�,= ryra,o,',.e,v« `y�"+.^�F ►r�YsiOMT� t � M4' ac m g%t 979 John Gray, Assistant Secretary M. Ross Fisher. Vice President STATE OF CONNECTICUT COUNTY OF HARTFORD ii7 ss. Hartford On this 12th day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. T.y/ ♦p A -Off'+ /i�Qdl « 4 ��� Kathleen T. Maynard CERTIFICATE Notary Public - My Commission Expims Jdy 31, 2016 I, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of May 2 7 , 2 016 Signed and sealed at the City of Hartford. 610II00mi, .SNS i r6ez''^ 767 '+.074 Y T4 9 , Kevin Heckman, Assistant Vice President POA 2012 Claims Inquiries Notice Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of Illinois Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southwest Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number: Fax — Claims E-mail Mailing Address Claims Inquiries Notice 2003 888-266-3488 860-757-5835 or 860-547-8265 claimsg Istepsuret, The Hartford BOND, T-4 690 Asylum Avenue Hartford, CT 06115 State of California County of Los Angeles On % , 2016, before me, Michael A. Prlich, President, who proved to me on the basis of satisfactory evidence to be the person whose name is 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. Signature W GGAROENALFVEGRE"OMMISSION # 1978040 p Notary Publi9LGSNGELESCOUNTYy Comm Expires Jun 9. 2016 (Seal) MIKE PRLICH & SONS, INC. 5103 Elton Street Baldwin Park, CA 91706 Tel 626/813-1700 Fax. 626/813-1700 License No. A-760474 RESOLUTION BY THE BOARD OF DIRECTORS OF MIKE PRLICH & SONS, INC. WHEREAS, The undersigned being all of the directors (or a majority) of the above-named corporation, hereby individually and collectively consent to the following: RESOLVED, That any one or more of the following officers of this Corporation is hereby authorized to enter into any contract or execute any instrument in the name of and on behalf of the corporation. Such power is general MICHAEL A. PRLICH — PRESIDENT MILDA Y. GANDASETIAWAN — SECRETARY/TREASURER & CHIEF FINANCIAL OFFICER RESOLVED FURTHER, That any of the above officers of this Corporation is hereby authorized to execute any documents or instrument on behalf of the Corporation. The undersigned, being all of the directors (or a majority) of this Corporation, hereby adopt and consent to the foregoing resolution in lieu o eeting. DATED: May 18, 2016 *Direc'r Presiden Secreta /Treasurer City of Newport Beach NEWPORT HEIGHTS SEWER IMPROVEMENTS Contract No. 7028-2 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work °r° of Number Total Bid Name: 4w afcF}rI pftAI..T Sfr0. SEl4'L Address: P.O. &,-A ZL2-9 G'o/(PKf-I eo - Phone: rs751_7T6-7&op State License Number: 7,7.70-73 DIRRefe nce: /0000p/o SJ Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address ffiil a PrWq SOK S,:✓Le_ Bidder Authorized Signature/Title City of Newport Beach NEWPORT HEIGHTS SEWER IMPROVEMENTS Contract No. 7028-2 Contractor must use this form!!! Please print or type. M 11i t PC t it/t� & _56YI51 J��i r- - 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: „ n PojectName/NumberMII [%VL+ --/1 kI� 1p�C'I tt-r6� I �ar'rt1 �� z Project Description �wS'-A.1� -. �,OW"iT�" b1� Pel {�I� iipttad Approximate Construction Dates: From - 2-P t,4 To: _210— 15 Agency Name Contact Person / EI) $R0T)nAZ Telephone (56� iOe-NQS e<+ 67/? Original Contract Amount $3� �ZI Final Contract Amount $ 3155f, ?%5 If final amount is different from original, please explain (change orders, extra work, etc.) /'(lowdoee 14M ,Otr AW rto f t; A, tffi Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. /10, E No. 2 Project Name/Numbe Project Description Approximate Construction Dates: From -td 7.0 (S To: -1-4vitt&!U Zm (b Agency Name Contact Person 0.:'4-, Telephone (56� ai%'lZlti Original Contract Amount Final Contract Amount $ 2/ I N 17,1 If final amount is different from original, please explain (change orders, extra work, etc.) SFS 0- QtnL" i k n DN"L Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Project Description Approximate Construction Dates: From_:YiANZ_ To: -0.vU- 201ID Agency Name �i �-e- 1 s ✓R (C S Contact Person I PWVY� Telephone 2,s3%, Wo Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 4 Project Name/Number Project Description Approximate Construction Dates: Fromr, 5 To: Agency Name �O f� KA r �( SC '�'l /k��J I Ce Contact Person �ih� �Q Ir%/ 7 Telephone Original Contract Amount $r30410 Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 ,,_ / y Project Name/Number ko" �,✓YDtr2 _ )�AO ArAC66r, 6 L Project Description O9 f3t ( l 2� EVC 'r Approximate Construction Dates: From �! 5 To: 6t-• kt*% jJr Agency Name y Contact Person Telephone ✓ Z y01 00 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 City of Newport Beach NEWPORT HEIGHTS SEWER IMPROVEMENTS Contract No. 7028-2 NON -COLLUSION AFFIDAVIT State of California as. County of 1�) �i�fiC \�f I iii being first duly sworn, deposes and says that &r she is - e4M ofZyjjkf PfI1�l� =�Sogf 'Sn[• , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of Califorforegoing is true and correct. Bidder Authorized ionature/Title YIM Subscribed and sworn to (or affirmed) before me on this day of JOR, 2016 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] ii9l Notary Public My Commission Expires: No. 6 Project Name/Number Project Description Z45'kt (( �� 5kk.4,� Approximate Construction Dates: From %/y To: Agency Name � W Contact Persoryfi�' mt,_? Telephone (PT) 57(0,o`J� � Original Contract AmounteL� 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. rckk Bidder Authorized Signature/Title 12 State of California County of Los Angeles On , 2016, before me, Michael A. Prlich, President, who proved to me on the basis of satisfactory evidence to be the person whose name is 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. Signature (Seal) GREGG ARNEN ALFWGREN COMMISSION # 1978040 n Z ' *a ' Notary Public - California LOS ANGELES COUNTY My Comm Expires Jun 9. 2016 (Seal) City of Newport Beach NEWPORT HEIGHTS SEWER IMPROVEMENTS Contract No. 7028-2 DESIGNATION OF SURETIES Bidder's name Ofht- (HILL J'� 56W5, I-vtC 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): 14 City of Newport Beach NEWPORT HEIGHTS SEWER IMPROVEMENTS Contract No. 7028-2 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name —rqlkt Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2015 2014 2013 2012 2011 Total 2016 No. of contracts t 113 6� If Total dollar Amount of 5 1L i3� �5 �� t� 35 0 41 ?H 3,7064_ 4�'Va Contracts (in I Thousands of $ No. of fatalities �� �� �— _A:;?— r$- $— No. of lost Workday Cases 19 -B 3 No. of lost workday cases involving permanent transfer to �_ another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder 41`0. e/" ll i (Asi Business Address: I k CjE- 9/t'o Business Tel. No.: State Contractor's License No. and Classification: Title �}P&Y 4 - The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the 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 NEWPORT HEIGHTS SEWER IMPROVEMENTS Contract No. 7028-2 ACKNOWLEDGEMENT OF ADDENDA Bidder's name M6. O-U�k'� 56kL5, ]✓t L - The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 414aHr.— 15Sv*O MT z 17 City of Newport Beach NEWPORT HEIGHTS SEWER IMPROVEMENTS Contract No. 7028-2 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: Ah erl4h d 56✓ -5, lame - Business Address: 5163 JF,�V1'- Telephone and Fax Number: 6,u& 1 Bid-[q�� California State Contractor's License No. and Class: q[P C� (REQUIRED AT TIME OF AWARD) Original Date Issued: 3/I-ff Expiration Date: L -31f List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address 5/03 F/)�01 St Corporation organized under the laws of the State of <iE Telephone I, The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: Noy?,e All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: Al//m 'r° 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; Nd rt -e Briefly summarize the parties' claims and defenses; /Vo ✓l2 Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. A/ /" n For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labQr compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)'! Yes / No 19 Are any claims or actions unresolved or outstanding? Yes /C.y 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. V✓11`Gi/I" j rf II (Print name of Owner or President of Corporation/Company) Bidder Authorized Signature/Title Title On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SEAL) Notary Public in and for said State My Commission Expires: 20 City of Newport Beach NEWPORT HEIGHTS SEWER IMPROVEMENTS Contract No. 7028-2 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 State of California County of Los Angeles On (� .-) -- 1/10 , 2016, before me, Michael A. Prlich, President, who proved to me on the basis of satisfactory evidence to be the person whose name is 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. Signature GREGG AROEN ALFVEGREN a COMMISSION N 1978040 O Notary Public -California Z O `� �' LOS ANGELES COUNTY My COMM E%nRBs Jun 9. 2016 (Seal) MIKE PRLICH & SONS, INC. 5103 Elton Street Baldwin Park, CA 91706 Tel 626/813-1700 Fax. 626/813-1700 License No. A-760474 RESOLUTION BY THE BOARD OF DIRECTORS OF MIKE PRLICH & SONS, INC. WHEREAS, The undersigned being all of the directors (or a majority) of the above-named corporation, hereby individually and collectively consent to the following: RESOLVED, That any one or more of the following officers of this Corporation is hereby authorized to enter into any contract or execute any instrument in the name of and on behalf of the corporation. Such power is general MICHAEL A. PRLICH — PRESIDENT MILDA Y. GANDASETIAWAN — SECRETARY/TREASURER & CHIEF FINANCIAL OFFICER RESOLVED FURTHER, That any of the above officers of this Corporation is hereby authorized to execute any documents or instrument on behalf of the Corporation. The undersigned, being all of the directors (or a majority) of this Corporation, hereby adopt and consent to the foregoing resolution in lieu o meeting. DATED: May 18, 2016 Director President Direc r Secreta /Treasurer v _ C r YP �N E90 �O GN YJN1 W YN EH VN V ye S'tl' y'O �� zyr Sa o, ri`i 5a un y < Zi O 8 N N Q p p o Cp N M1 � M M 8 p ~ OI � N VJ � VEi (/Oi y VI VI vl V1 � y 3 m N i a � O C N Q n o E r r co ry� a �'14 C N h F F f= �a = m ad m— Y_ $ O U 0 3 ^ O � C O U 4 U W ;E mz Z w3 Q 33� w3 Sa v3 �3 w 9 O N SJ ey i3 =TR m-gg�' e C e �vi � Ca 3 �' mL•i my � E J in � eq Sm6 Ury6ry C� .Sm evo a m w a USO u z n r N N b N N C W ,00 N Q T C L] � E N V vl U V] N F •�• „J, 4 6 m � m N � b a W W r7 U O v E v w 0 N N N N N x O O N N N ry N � r ^ g N rn 9_j c M P M w NK i9 W K � fA y W Iq 49 V. eh 0 w K Sm •� 'L > o y rn 3 °rn' rii in vvi y y h� � h 3 u33 y r N Hr �,g aIN m � s 4 m °J ii H 13 F F H t+ t - W Q T C a � v ti R in � E nn 9_j c '� �y eh �y K Sm •� 'L > h� u3 3 u33 r N Hr �,g aIN m � s H 13 ¢ v. U r �o r eo a o N P h �n p o x 4 N Z y N V N h P N ti M 2 4 s 4 LL V OW O O O O O N O tL O �-. v p •i :: O -�. v O W a O N_ vi pP W P V1 Vi a .1 nC d 6 C E z Y a n o N C U C a .1 nC d 6 C E z Y a n C O w3 C v C O E Q N h y C O � a"i3 iC $' m � C haul m3 w3 a'i3 3 G P C C it P O ^ Y N P O t� R P2 iz R w Y p y h _ •CR• �j C _ m Po 'eY L 4 n �/hl S N OVp f9 q � N p�� �Mp -C L C N N 1 C t%1 V P ''S ,. yO .+ vl h N VJ vl Y. N N N N N N ry N O O O 4J i ry N N N N O t� 00 Vf P. M n 69 b 69 P 'A m. W � W V VI OVp f9 q � N r/ul VJ t%1 Vl ''S N .+ vl h N VJ vl S 4J i p i rn v n o ,y a'i ag <N dl H yy R C F N O b LV K c � n q ❑1 o ti v o o z •Q a �y M o ,�LF= � _� •�y, c 6 rn F z_ O �1 -q � J b N C ,� M ,G 6 C C .y 0 3 ruga v� w3 o'S3 z g m3 �a of uE3" a 5rXa P OF 'YP 0 t;3o V r c �o", m 3 '° 'Im m '� m � B c Fo ci°'3 R oU a� UQ,U o "n R3 m ,¢ e E d v o y� o.n Q2' ai_tti mW' V w c mui c3 03 v c N.o zT m"ui m` - m n o � w ow w3 u"i3 W3 u N� m � C o n n E oar otli m ov' c �� t a� roR1P mti q SN �m c W m m '`9w9 K W V N a R y q N N N p O o O p N p p ry 8 N o O O yO N W p4 fV O r N q P f` � O � G N h 4 L q N ed Id M W o � w ow w3 u"i3 W3 u N� m � C o n n E oar otli m ov' c �� t a� roR1P mti q SN �m c W m m '`9w9 K W n _ c 6m o 9_ 'c r Z C N N Q cJ f% qq = Q Cq C y CO v v at Wit, 3m vu" n � a a n i gg a a S12 3 6 LP n W ^ O pN Y n c r y (OSI � N COI N_ N N N N N N O O N S N O O ry S O S S S N O ^ O b 4 en per• � n n _ c 6m o 9_ 'c r Z C N N Q cJ f% qq = Q Cq C y CO v v at Wit, 3m vu" n � a a n i gg a a S12 3 6 LP n W ^ O pN Y n a y oM L vpi u w U s F o Wu W yj F4 •- s ry Z N 0 N h m y i w N Va a N � V diT Y3 h Op C] CI 6pl Q '� � Vi 'f ` W W ri � N o� w UVI �_ EppO Ow CpO OF W C U.�� Vi Cl ❑] [4 Lw0 Gt Y] W o .�. W oW GI O g -1 .�]�-1 U8K J@Qp h L'aC Ow � � u 8 w w w w p9 ® w w w M i - w F4 •- s Z h m y i w N a N Op C] CI 6pl Q '� � Vi 'f ` W W ri � N o� w UVI �_ EppO Ow CpO OF W C U.�� Vi Cl ❑] [4 Lw0 Gt Y] W o .�. W oW GI O g -1 .�]�-1 U8K J@Qp h L'aC Ow L`WC Cm OwC 8 w w w w p9 ® w w w M w w N i u P ayd T N O^ C n N h C O V 'K Vi C Q E Cn M e" SGL yi 0 a O N N N N N CI N CI N � N N p N ry N N M O 1 O O N TV h b fNY O 01 W Ci pq WN �o in � b N y 8 v p m ¢fin y nao 3� y b ry Sa :n S'U 3'oQ � �a CY�o oU �° �(Qj m�° Q U iL'Q —8p'o �¢ Yy FS�'U{ pp'.•'Q �A Q] 4p1 S d � �iC � Q i u u � 0 6. ^ TV NN c � �N U WN �o in Vv ¢fin y nao 3� y b ry Sa :n S'U 3'oQ � �a CY�o oU �° �(Qj m�° Q U iL'Q —8p'o �¢ Yy FS�'U{ pp'.•'Q �A Q] 4p1 S d � �iC � p � NC O Vl ri Yi Gl rc � Uj G U L �' � �•1 G-0 CAS _I W pG M y ryq Ny ryN N W N N LL O O F = O n w 9 O 1 N O O b S S F ❑ll Y a IP�1 � v� ❑ v F vni P . N [+i ,� ° C [L .r Cp est — �ci v C L P ❑ 6 �Np It1 v O iry N C N z CI S P N N N p C, O O O p O O O O C p a v — `m � V F i N E y c CO o p cP ti0 F > oUO No rd0 � rL0 t� g � O C '� pO ❑ C �b G p, 6� O rq a FJ q ❑ o m o Ll O y q� 3mr 3a_ .nm¢ 3a� =Q �'ev Q�v av:u r?� �A� Qac 3au a ou i v �O � 0 m o 0.❑� y � L � W p Oq pC P C S o� c pq CO O N¢ �. j O N C N p W W W =b rIl p Vl F P Qp M I1S Gi bJ O A f/1 O P Q m (31 m O COO O O C z Q p O p 28 RG p oo!r y W W ® ! a @ ! ! 16 : \ \ - ® ! a @ ! ! ! : \ \ - - (2 � w N Vi V] N N V°i N VJ N N h [7 N V m N N N N N N N N N � ry ry N Vi V] N N V°i N VJ N N h [7 N V m L Q A 5 y K m in 4 C ep N C N y N N � .�vi W W W vi W m W ti V.ZU C 0 o N O O p g m G r .NyT oU caU c`oi�` OG _. `o e o v 2 o c Up a U? .bo ^ M w ^q § Lu - - -- \ol § - � { - { } } ! \ f - § 6(# � W m Vi Vi a i VI v] V] v3 Vl VI N f% VJ N h E p Q ed b g E eQo- C N W Y S Y C S Y y9 `I S Y N—p, a m� G vni = S imp O O O N N N N N N N N N 0 a` N .y c = a a a « $ 3 4 0 N q _ a � 'cri c can N NN_ N N T� dWn �41m Otl 3.- p E cti c Pi 41m ovi a �.. r� c° h c J `�`� mllitl N P q P P W Vi Vi VI v] V] v3 Vl VI N f% VJ N h E p Q ed b g E eQo- C 0 a` N .y c = a a a « $ 3 4 0 N q _ a � 'cri c can N NN_ N N T� dWn �41m Otl 3.- p E cti c Pi 41m ovi a �.. r� c° h c J `�`� mllitl N P q P P C Y � a y a s 3 W v) W N W fn C'J vl 6. W to W W (n W W N Ki W 8 8 �n4 C'P c0'NQ vT¢ Y�P STP E�COy u ✓'yP N�P � f'1 `fi Z`4 v, <QN� Z.0%Q TyQ CGpOm �P v� �`Sj'Z QGG 'rY`y'Q �)<� Z`V v. YIQ7 b0 U 3 N V _ � E E�rq� o E ° o 't"o" U V a oo�q " od vp0 w cPo �7i N N ri N y N o g e � z � S e � n• „ g c3 al+ n" 7 E E E � w F F- [- > T Y P Vl Y Y O N O O N ry O N O N N N C Y � a y a s 3 W v) W N W fn C'J vl 6. W to W W (n W W N Ki W 8 8 �n4 C'P c0'NQ vT¢ Y�P STP E�COy u ✓'yP N�P � f'1 `fi Z`4 v, <QN� Z.0%Q TyQ CGpOm �P v� �`Sj'Z QGG 'rY`y'Q �)<� Z`V v. YIQ7 b0 U 3 N V _ E E E E o ° o e U V U U VI y V N N N ri N y N o g e � z � S e � n• „ g c3 al+ n" 7 E E E � w F F- [- C Y � a y a s 3 W v) W N W fn C'J vl 6. W to W W (n W W N Ki W 8 8 �n4 C'P c0'NQ vT¢ Y�P STP E�COy u ✓'yP N�P � f'1 `fi Z`4 v, <QN� Z.0%Q TyQ CGpOm �P v� �`Sj'Z QGG 'rY`y'Q �)<� Z`V v. YIQ7 b0 U 3 N E E E E o e y V y C N y y N a & e o n" 7 E E E � w F F- [- C Y � a y a s 3 W v) W N W fn C'J vl 6. W to W W (n W W N Ki W 8 8 �n4 C'P c0'NQ vT¢ Y�P STP E�COy u ✓'yP N�P � f'1 `fi Z`4 v, <QN� Z.0%Q TyQ CGpOm �P v� �`Sj'Z QGG 'rY`y'Q �)<� Z`V v. YIQ7 b0 U 3 N Ld ( \\ ){ \\ \\ )( \\ \\ \\ \\ U U V V U U V V V V U V V i c � N N U U V V U U V V V V U V V o � d � C F F= u L O ¢ n " `e 2 u E iL `o °Z ¢ P P P T A q P T C T P P w E � N `-' � Sr' i � A y Vl q y •• 00 j 00 - •v ,C ,C � � � E- n_ a o � d � C F F= u L O ¢ n " `e 2 u E iL `o °Z ¢ P P P T A q P T C T P P E � N `-' � Sr' i � A y Vl q y •• 00 j 00 - •v ,C ,C � � � E- n_ a o � d � C F F= u L O ¢ n " `e 2 u E iL `o °Z ¢ P P P T A q P T C T P P ! - ! ! \ \\ \\ \\ \\ \\ \\ � ! ƒ //ƒ e\\ �!# � City of Newport Beach NEWPORT HEIGHTS SEWER IMPROVEMENTS Contract No. 7028-2 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 Ratino Guide: Property-Casualtv. Coverages shall be provided as specked 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 NEWPORT HEIGHTS SEWER IMPROVEMENTS CONTRACT NO. 7028-2 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 28th day of June, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and MIKE PRLICH & SONS, INC., a California corporation ("Contractor"), whose address is 5103 Elton Street, Baldwin Park, California 91706, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of, but is not limited to: distributing notices to affected residents; traffic control; removing interfering portions of existing sewer facilities; constructing sewer main improvements; replacement and installation of sewer laterals and cleanouts; other incidental items of work to complete the project, and restoring affected surface improvements such as asphalt concrete pavement, sidewalks (paths), concrete curbs and gutters, and landscaping, within the Newport Heights neighborhood and other sites as needed throughout the City (the "Project" or "Work"). All construction for the work shall reference these special provisions, the Standard Specifications and all contract related documents, and Appendices C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 7028-2, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Million Five Hundred Seventy Five Thousand Three Hundred Seventy Seven Dollars and 00/100 ($1,575,377.00). 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 Lonny Laven 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. Mike Prlich & Sons, Inc. Page 2 6. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Michael Prlich Mike Prlich & Sons, Inc. 5103 Elton Street Baldwin Park, CA 91706 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 Mike Prlich & Sons, Inc. Page 3 Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 11. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Mike Prlich & Sons, 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 and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services shall not be Mike Prlich & Sons, Inc. Page 5 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 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 and/or Services 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 and/or Services, 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, volunteers and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement (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. Mike Prlich & Sons, Inc. Page 6 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Mike Prlich & Sons, 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, Mike Prlich & Sons, 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] Mike Prlich & Sons, 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 ATT RNEY'S OFFICE Date: % By: 7)N Vj Aaron C. Harp 9 GM OTiarJi& City Attorney ATTEST: ^ Date: 2 1• By: c ' �0�— Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporal in Mayor CONTRACTOR: Mike Prlich & Sons, Inc., a California corpor Date: pton By: Michael A. Prlich President Date: 1— V, —CJ. [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Mike Prlich & Sons, Inc. Page 10 MIKE PRLICH & SOLS, INC. 5103 Elton Street Baldwin Park, CA 91706 Tel 626/813-1700 Fax. 626/813-1700 License No. A -760474 - RESOLUTION BY THE BOARD OF DIRECTORS 1019 MIKE PRLICH & SONS, INC. WHEREAS, The undersigned being all of the directors (or a majority) of the above-named corporation, hereby individually and collectively consent to the following: RESOLVED, That any one or more of the following officers of this Corporation is hereby authorized to enter into any contract or execute any instrument in the name of and on behalf of the corporation. Such power is general MICHAEL A. PRLICH – PRESIDENT MILDA Y. GANDASETIAWAN – SECRETARY/TREASURER & CHIEF FINANCIAL OFFICER RESOLVED FURTHER, That any of the above officers of this Corporation is hereby authorized to execute any documents or instrument on behalf of the Corporation. The undersigned, being all of the directors (or a majority) of this Corporation, . hereby adopt and consent to the foregoing resolution in lieu o eeting. DATED: May 18, 2016 Director — �Q. — residen �yt PDirector \ tl Secretdl /Treasurer THE FINAL PREMIUM IS Issued in two (2) PREDICATED ON THE original counterparts. FINAL CONTRACT AMOUNT EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 72BCSHL2345 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Mike Prlich & Sons, Inc. hereinafter designated as the "Principal," a contract for: distributing notices to affected residents; traffic control; removing interfering portions of existing sewer facilities; constructing sewer main improvements; replacement and installation of sewer laterals and cleanouts; other incidental items of work to complete the project; and restoring affected surface improvements such as asphalt concrete pavement, sidewalks (paths), concrete curbs and gutters, and landscaping within the Newport Heights neighborhood and other sites as needed throughout the City, 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. All construction for the work shall reference these special provisions, the Standard Specifications and all contract related documents, and Appendices. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. 'Mike Prlich & Sons, Inc. NOW, THEREFORE, We'the undersigned Principal, and, Hartford Fire Insurance 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 One Million Five Hundred Seventy Five Thousand Three Hundred Seventy Seven Dollars and 00/100 ($1,575,377.00) 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 Mike Prllch & Sons, Inc. Page A-1 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. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9900 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq, of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder 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 ath day of July , 20_1.6_. Mike Prlich & Sons, Inc. Name of Contractor (Principal) Hartford Fire Insurance Company Name of Surety One Pointe Dr., Suite 325, Brea, CA 92822 Address of Surety (714) 674-1200 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: -111g)Ily By: Aaron C. Harp brM oltelwo City Attorney Authorized Signature/Title Michael A. Prlich, President Authorized Agent nature Arturo Ayala, Attomey-in-Fact Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Mike Prlich & Sons, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of orange ) ss. On July sth 2016 before me, Arturo Ayala Notary Public, personally appeared Michael A. Prlich who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha d official seal. , ARTUROAYALA �- �, COMM #2052517 °*� _ Notary Public- California >u .e ^ORANGE COUNTY^ a !vim ,..., u Si�6ature Arturo Ayala (Seal} ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange } SS. On July 8th 2016 before me, Karen L. Ritto Notary Public, personally appeared Arturo Ayala proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNEWand and official seal. Signature Karen L. Ritto KAREN L. RITTO 1 ��� COMM #2138527 ro t � Iw� IVutaiy Fublir, California � \�f ORANGE COUNTY ; My Comm. Expires Dec 30, 2019 t ��(seal) Mike Prlich & Sons, Inc. Page A-3 Bond No. 72BCSHL2345 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida I10VI1IV UIU11 „U111= Wlu� III nanwra, wnnecocue lneminaner couecnvely reterrea to as the "Companies") do hereby make, cons up to the amount of Unlimited Arturo Ayala, Shaunna Burchfiel, Michael Castaneda, Daniel Huckabay, Dwight Reilly, Andrew Waterbury of ORANGE, California their true and lawful Aftorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surely(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009, the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. F74 L9a7 ay.,,6a _O,aWLP V John Gray, Assistant Secretary M. Ross Fisher, Vice President STATE OF CONNECTICUT ] ss. Hartford } COUNTY OF HARTFORD On this 12th day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. r.� Kathleen T. Maynard CERTIFICATE Notary Public My Commission Expires July 31, 2016 1, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of July 8 th, 2 016 . Signed and sealed at the City of Hartford, o x P P.s f rN +a'e lPP p , 5 !' Kevin Heckman, Assistant Vice President POA 2012 Direct Inqulries'Claims to: POWER OF ATTORNEY THE HARTFORD T-12 One HartfordBond Plaza Hartford, Connecticut 06155 email: bond.claims@thehartford.com call. 888.266-34881 fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Aaencv Code- 72-181009 ® Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida I10VI1IV UIU11 „U111= Wlu� III nanwra, wnnecocue lneminaner couecnvely reterrea to as the "Companies") do hereby make, cons up to the amount of Unlimited Arturo Ayala, Shaunna Burchfiel, Michael Castaneda, Daniel Huckabay, Dwight Reilly, Andrew Waterbury of ORANGE, California their true and lawful Aftorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surely(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009, the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. F74 L9a7 ay.,,6a _O,aWLP V John Gray, Assistant Secretary M. Ross Fisher, Vice President STATE OF CONNECTICUT ] ss. Hartford } COUNTY OF HARTFORD On this 12th day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. r.� Kathleen T. Maynard CERTIFICATE Notary Public My Commission Expires July 31, 2016 1, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of July 8 th, 2 016 . Signed and sealed at the City of Hartford, o x P P.s f rN +a'e lPP p , 5 !' Kevin Heckman, Assistant Vice President POA 2012 THE FINAL PREMIUM IS Issued in two 2 PREDICATEDCONTRACT THE original counterparts. CONTRACr AMOUNT arts. EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 72BCSHL2345 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 15,785.00 -,being at the rate of $ 10.02 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Mike Pirlich & Sons, Inc. hereinafter designated as the "Principal," a contract for: he City of Newport Beach, in strict conformity with the Contract on file with distributing notices to affected residents; traffic control; removing interfering portions of existing sewer facilities; constructing sewer main improvements; replacement and installation of sewer laterals and cieanouts; other incidental items of work to complete the project; and restoring affected surface improvements such as asphalt concrete pavement, sidewalks (paths), concrete curbs and gutters, and landscaping within the Newport Heights neighborhood and other sites as needed throughout the City, in the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. All construction for the work shall reference these special provisions, the Standard Specifications and all contract related documents, and Appendices. 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. •Mike Prlich & Sons, Inc. NOW, THEREFORE, we; the Principal, and Hartford Fire Insurance 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 One Million Five Hundred Seventy Five Thousand Three Hundred Seventy Seven Dollars and 00/100 ($1,575,377.00) 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. Mike Prlich & Sons, Inc. Page B-1 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by 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 8th day of July ,20j.CL_. Mike Prlich & Sons, Inc. Name of Contractor (Principal) Hartford Fire Insurance Company Name of Surety One Pointe Dr., Suite 325, Brea, CA 92822 Address of Surety (714)674-1200 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: amv'�X—� Aaron C. Harp pwm o#tITWO City Attorney Authorized Slgnature%Tltle Michael A. Prlich, President `Authorized Agent nature Arturo Ayala, Attomey-in-Fad Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Mike Prlich & Sons, Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange } SS. On July 8th 2016 before me, Arturo Ayala Notary Public, personally appeared Michael A. Prlich who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Q TU 'ICA AYALA COMM. #2052517 n Notary Public-CaNfornleORANGE COUNTY ay Comm. Ezplres Jan 10, 2018 $IgRaure Arturo Ayala kovarl ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange } SS. On July 8th 2016 before me, Karen L. Rilto Notary Public, personally appeared Arturo Ayala proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KAREIN I klTiO I( WITN S hr nd and official seal COMM #'138527 r, C ! J Votary Public Calitcrnia p � ��� -�J�/ ORANGEI,OUNTY �- i � ' My Comm lxpir spec 30 20191 Signature Karen L. Ritto M (seal) Mike Prlich & Sons, Inc. Page B-3 Bond No. 728CSHL2345 Direct InquirlesuClaims to: POWER OF ATTORNEY TOEHAHARTFORD Hartford, Connecticut 06155 email: bond.claims@thehartford.com calk 888.266-3488 1 fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Aaencv Code• 72-181009 ® Hartford Fire Insurance Company, a corporation duly organized: under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana © Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Q Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Q Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Q Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Q Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Q Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount ofUnlimited Arturo Ayala, Shaunna Burchfiel, Michael Castaneda, Daniel Huckabay, Dwight Reilly, Andrew Waterbury of ORANGE, California their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surely(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009, the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. v r a soar t@„�7 00, / 13 John Gray, Assistant Secretary M. Ross Fisher, Vice President STATE OF CONNECTICUT } ss. Hartford COUNTY OF HARTFORD j On this 12th day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. 3,l>.u2rca:�dw�Y-'t • t1irS.;�nLLt.; Kathlem T. Maynard CERTIFICATE Notary Public My Commission Expires July 31, 2016 I, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies, which is still in full force effective as of July 8th, 2016. Signed and sealed at the City of Hartford. +�` ,.w `r�i• teat`"F tY� Po9q"„,p Ya ria '0.. HUnR NnJr' *T Ai1�S5R1�^ Kevin Heckman, Assistant Vice President POA 2012 A a a Claims Inquiries Notice Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of Illinois Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southwest Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number: Fax — Claims E-mail Mailing Address Claims Inquiries Notice 2003 888-266-3488 860-757-5835 or 860-547-8265 claims(& Istepsuretv.com The Hartford BOND, T-4 690 Asylum Avenue Hartford, CT 06115 EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per Mike Prlich & Sons, Inc. Page C-1 occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. Mike Prlich & Sons, Inc. Page C-2 D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractors compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage Mike Prlich & Sons, Inc. Page C-3 normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self - insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. I. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered Mike Prlich & Sons, Inc. Page C-4 shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Mike Prlich & Sons, Inc. Page C-5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 6/24/16 Dept./Contact Received From: Raymund Date Completed: 7/20/16 Sent to: Raymund By: Alicia Company/Person required to have certificate: Mike Prlich & Sons -Newport Heights Sewer Improvements Type of contract: Public Works I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 8/1/15-8/1/16 A. INSURANCE COMPANY: Valley Forge 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 (Must be $1 M or greater): What is limit provided? W2M/2M E. ADDITIONAL INSURED ENDORSEMENT—please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ID Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes ®No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No IT. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 8/1/15-8/1/16 A. INSURANCE COMPANY: HDI—Global 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 $1M 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): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ® Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes 0 No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 8/1/15-8/1/16 A. INSURANCE COMPANY: NIDI—Global 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 V POLLUTION LIABILITY ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No V BUILDERS RISK ® N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 7/20/16 Date 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: Approved: Risk Management Date * Subject to the terms of the contract. City of Newport Beach NEWPORT HEIGHTS SEWER IMPROVEMENTS Contract No. 7028-2 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 7028-2 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: & Date' (626)a 13 -IDo % BI - 7o Bid er's Telephone nd Fax Numbers 4 - :�LoH-�Y Bidder's License No(s). and Classification (s) Bidder's email address: PR -1 Bidder Signature and Title 510,; S1� &&h �J rk P 91166 Bidder's Address . e4 "k City of Newport Beach $10,000.00 NEWPORT HEIGHTS SEWER IMPROVEMENTS (C-7028-2), bidding on June 8, 2016 10:00 AM (Pacific) Bid Results Lump Sum 1 Bidder Details $500.00 3 Traffic Control & Public Notifications Vendor Name Mike Pdich and Sons, Inc. Lump Sum 1 Address 5103 Elton Street 4 Remove & Replace Sewer Lateral & Wye Baldwin Park, CA 91706 Per Each 405 $2,250.00 United States Lateral Respondee Lonny Laven Respondee Title Estimator Phone 626-813-1700 Ext. Email lonny@mikeprfichandsons.com Vendor Type License # CA DIR Bid Detail Bid Format Electronic Submitted June 8, 2016 9:55:00 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation# 81839 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name Proposal Newport Beach Complete Bid FINAL.PDF Subcontractors Newport Heights Sewer Subcontractors.pdf Bid Bond Newport Heights Sewer Bid Bond.pdf Line Items Type Item Code UOM qty Unit Price Section 1 1 Mobilization, Demobilization, and Cleanup File Type Bid Submittal Subcontractor's List Bid Bond Line Total Comment Lump Sum 1 $10,000.00 $10,000.00 2 Monument Preservation Lump Sum 1 $500.00 $500.00 3 Traffic Control & Public Notifications Lump Sum 1 $5,000.00 $5,000.00 4 Remove & Replace Sewer Lateral & Wye Per Each 405 $2,250.00 $911,250.00 Lateral Page 1 City of Newport Beach NEWPORT HEIGHTS SEWER IMPROVEMENTS (C-7028-2), bidding on June 8, 2016 10:00 AM (Pacifc) Bid Results Type Item Code UOM Qty Unit Price 5 Remove & Replace Chimney Sewer Lateral Per Each 33 $3,230.00 Lateral 6 Remove & Replace Chimney Sewer Wye Per Each 33 $500.00 Lateral 7 Remove & Replace Mainline Chimney Sewer Connection & Lateral Per Each 1 $6,500.00 Lateral 8 Remove & Replace 8" VCP Sewer Main Linear Foot 85 $450.00 9 Remove & Replace 10" VCP Sewer Main Linear Foot 60 $600.00 10 Final Trench PCC Paving Square Foot 16093 $14,00 11 Private Property Improvements Square Foot 4710 $8.00 12 Construct Asphalt Pavement Isolation Dig -Outs Square Foot 9400 $9.00 13 Construct Type I Slurry Seat Square Foot 93500 $0.43 14 Trench Safety Measures Lump Sum 1 $5,000.00 15 Final Redline As -Built Plans Lump Sum 1 $2,000.00 16 Allowance for Unforeseen Conditions Lump Sum 1 $50,000.00 Subtotal Total Subcontractors Name & Address Description License Num All American Asphalt Slurry Seal / Patching 267073 PO Box 2229 Corona, CA 92878 United States Line Total Comment $106,590.00 $16,500.00 $6,500.00 $38,250.00 $36,000.00 $225,302.00 $37,680.00 $84,600.00 $40,205.00 $5,000.00 $2,000.00 $50,000.00 $1,575,377.00 $1,575,377.00 Amount Type $82,000.00 CADIR Page 2 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS NEWPORT HEIGHTS SEWER IMPROVEMENTS CONTRACT NO. 7028-2 PART 1 - GENERAL PROVISIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 1 2-6 WORK TO BE DONE 1 2-9 SURVEYING 1 2-9.1 Permanent Survey Markers 1 2-9.2 Line and Grade 2 SECTION 3 - CHANGES IN WORK 2 3-3 EXTRA WORK 2 3-3.2 Payment 2 3-3.2.3 Markup 2 SECTION 4 - CONTROL OF MATERIALS 3 4-1 MATERIALS AND WORKMANSHIP 3 4-1.3 Inspection Requirements 3 4-1.3.4 Inspection and Testing 3 SECTION 5 - UTILITIES 3 5-1 LOCATION 3 5-2 PROTECTION 4 5-7 ADJUSTMENTS TO GRADE 4 5-8 SALVAGED MATERIALS. 4 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. 4 6-7 TIME OF COMPLETION 5 6-9 LIQUIDATED DAMAGES 6 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7 7-1.2 Temporary Utility Services 7 7-7 COOPERATION AND COLLATERAL WORK 7 7-8 WORK SITE MAINTENANCE 7 7-8.4.3 Storage of Equipment and Materials in Public Streets 7 7-8.6 Water Pollution Control 8 7-8.6.2 Best Management Practices (BMPs) 8 7-8.7.2 Steel Plates 8 7-10 PUBLIC CONVENIENCE AND SAFETY 9 7-10.1 Traffic and Access 9 7-10.3 Street Closures, Detours and Barricades 9 7-10.4 Safety 10 7-10.4.1 Safety Orders 10 7-10.5 "No Parking" Signs 11 7-10.6 Notices to Residents 11 7-10.7 Street Sweeping Signs and Parking Meters [I] 12 7-15 CONTRACTOR'S LICENSES 12 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS 12 7-17 SEWER FLOW BY-PASS SYSTEM 13 SECTION 9 - MEASUREMENT AND PAYMENT 13 9-3 PAYMENT 13 9-3.1 General 13 9-3.2 Partial and Final Payment. 17 PART 2 - CONSTRUCTION MATERIALS 18 SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS 18 201-1 PORTLAND CEMENT CONCRETE 18 201-1.1 Requirements 18 201-1.1.2 Concrete Specified by Class and Alternate Class 18 201-2 REINFORCEMENT FOR CONCRETE 18 201-2.2 Steel Reinforcement 18 201-2.2.1 Reinforcing Steel 18 201-7 NON -MASONRY GROUT 19 201-7.2 Quick Setting Grout 18 SECTION 203 — BITUMINOUS MATERIALS 18 203-5.2 Materials. Replace 1) with the following: 18 203-6 ASPHALT CONCRETE 19 203-6.4 Asphalt Concrete Mixtures 19 203-6-4.3 Composition of Grading 19 SECTION 207 - PIPE 19 PART 3 - CONSTRUCTION METHODS 20 SECTION 300 - EARTHWORK 20 300-1 CLEARING AND GRUBBING 20 300-1.3 Removal and Disposal of Materials 20 300-1.3.1 General 20 300-1.3.2 Requirements 20 300-1.5 Solid Waste Diversion 20 SECTION 302 - ROADWAY SURFACING 21 SECTION 302-4 EMULSION -AGGREGATE SLURRY 21 302-4.1 General Add the following to this section: 21 302-4.3 Application 21 302-4.3.1 General. Add to this section; "Type I slurry shall be applied at the rate of 9.5 pounds per square yard. 21 302-4.3.2 Spreading. Replace the first sentence of the second paragraph with, "Slurry seal shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. on the same day. In case of damage done by vehicles and/or pedestrians upon slurry that has not been sufficiently cured by 3:00 p.m., the Contractor shall replace all of the damaged work at the Contractors expense and no additional compensation shall be made by the City. Upon the completion of the day's slurry, street or parking lot shall be temporary striped. Final striping shall be installed no more than ten (10) working days after placement of slurry." 21 302-4.3.3 Field Sampling. Add this section: "Upon the Engineers direction, the Contractor shall slurry seal test sections within the construction limits for each batch of slurry mix. The Contractor shall apply the slurry test sections as directed by the Engineer. No slurry shall be applied until the test slurry sections have been approved by the Engineer. The costs of these slurry tests shall be included in the contract price paid for slurry seal and no additional compensation shall be made by the City to the Contractor. Field samples that do not meet the requirements of Table 301-4.2.2 (A) shall be re -tested. The Contractor shall be responsible for all cost associated with the re -testing." 21 302-5 ASPHALT CONCRETE PAVEMENT 22 302-5.1 General 22 302-5.4 Tack Coat 22 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 22 302-6.6 Curing 22 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 23 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 23 303-5.1 Requirements 23 303-5.1.1 General 23 303-5.4 Joints 23 303-5.4.1 General 23 303-5.5 Finishing 23 303-5.5.1 General 23 303-5.5.2 Curb 24 303-5.5.4 Gutter 29 SECTION 306—OPEN TRENCH CONDUIT CONSTRUCTION 24 306-1 GENERAL 24 SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION 25 308-1 General 25 PART4 Y7 SECTION 400 - ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, 27 PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 27 400-2 UNTREATED BASE MATERIALS 27 400-2.1 General 27 400-2.1.1 Requirements 27 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS NEWPORT HEIGHTS SEWER IMPROVEMENTS CONTRACT NO. 7028-2 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. S -5283-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications for Public Works Construction may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802,714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of, but is not limited to, distributing notices to affected residents, traffic control, removing interfering portions of existing sewer facilities, constructing sewer main improvements, replacement and installation of sewer laterals and cleanouts; and other incidental items of work to complete the project, and restoring affected surface improvements such as asphalt concrete pavement, sidewalks (paths), concrete curbs & gutters, and landscaping within the Newport Heights neighborhood and other sites as needed throughout the City. All construction for the work shall reference these special provisions, the Standard Specifications and all contract related documents, and Appendices." 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule Page 1 of 27 Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." 2-9.2 Line and Grade Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is Guida Surveying, Inc. and can be contacted at (949) 777-2000. At a minimum, two (2) sets of cut -sheets for all applicable areas requiring grades shall be included in the bid price and copies of each set shall be provided to City 48 - hours in advance of any work. In addition, the filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Replace this sub -section with the following: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 Page 2 of 27 To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements Add the following sub -section: 4-1.3.4 Inspection and Testing All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 - hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 - UTILITIES 5-1 LOCATION Add the following: "The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work, and to verify points of connection and potential conflicts. No segment of work for new pipeline shall begin until the contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the City representative, including adjustments due to field conflicts with other utilities or structures above or below ground." Add the following after the P paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility Page 3 of 27 markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 5-2 PROTECTION Add the following: In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City. Add the following sections: 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. 5-8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718-3432. 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.' 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 commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such Page 4 of 27 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." Project Phasinq Requirements Due to scheduled future construction activities, the Contractor's construction scheduling and phasing will be critical on this contract in order to allow future construction to proceed. The following table outlines the key dates that will be required on this contract: Award Construction Contract June 28, 2016 Begin Construction TBD July 25, 2016 Deadline: Complete Phase 1 Sewer Improvements Sept. 19, 2016 Deadline: Complete Phase 2 Sewer Improvements 80 WD from Const. Start Date Liquidated damages will be assessed for exceeding either the phase 1 or phase 2 construction completion deadlines. Contractor shall schedule and allocate adequate resources to start and complete all required construction activities within the given timelines. Phase 1 of the sewer improvements are defined as all alleys to the WEST of Riverside Avenue. Phase 2 of the sewer improvements are defined as all alleys to the EAST of Riverside Avenue. The contractor will be required to fully complete all construction activities (including final trench resurfacing) within the Phase 1 sewer improvements prior to initiating any work within the phase 2 sewer improvement limits. 6-7 TIME OF COMPLETION 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 80 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 January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monday is a holiday. If January 1St, July 4th, November 11th Page 5 of 27 December 24th December 25th or December 31st falls on a Saturday, the Friday before is a holiday." 6-7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 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 $146 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Furthermore, the contractor is made aware that construction scheduling is critical within phase 1 of the sewer main improvement project, which has an alley reconstruction project scheduled to start construction on September 18, 2016. The Contractor shall pay to the City or have withheld from moneys due it, an additional daily sum of $1,000.00 for each consecutive calendar day after September 18. 2016 for which the phase 1 sewer main improvements are not fully completed. Completion of improvements shall include completion of all sewer main and lateral replacements, as well as the installation of final sewer/lateral trench paving. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." Page 6 of 27 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services Add to the end of this section: If the Contractor elects to use City water, he shall arrange for a meter and tender an $1,073.21 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water 7-7 COOPERATION AND COLLATERAL WORK Add to this section: City forces will perform all shut downs of water facilities as required. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time he desires the shutdown of water and/or sewer facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. The City must approve any nighttime work in advance. It is the Contractor's responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down." 7-8 WORK SITE MAINTENANCE Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 Storage of Equipment and Materials in Public Streets 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 Page 7 of 27 laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control Add to this section: Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.govipublicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs) Add to this section: The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-8.7.2 Steel Plates Add to this section: "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." 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Replace the first sentence of the second paragraph with, "The Contractor shall repair, restore, or reconstruct all existing public and private improvements disturbed or damaged by the work which are not designated for removal. Such restoration work may include, but not Page 8 of 27 be limited to: turf, plants and planters, shrubs, trees, irrigation components, electrical components, fences, brick and brick pavers, concrete, painting of various surfaces, ornaments, other decorative items, property corner survey markings, etc." Add to the section, "The Contractor is advised to keep records of the existing work site conditions prior to the start of any construction work." 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access Add to this section: The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." 7-10.3 Street Closures, Detours and Barricades Add to this section: The Contractor shall submit to the Engineer - at least five working days prior to the pre -construction meeting - a traffic control and phasing plan showing typical closures and detour plans(s). 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. Typical closures shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection Page 9 of 27 arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. 5. The Contractor will be allowed to close one alley at a time to complete the work. Work in other alleys can take place if not immediately adjacent to the first area of work and does not cause any other impacts to residents, such as lost street parking. Adjacent alleys are defined as alley segments parallel and directly adjacent to one another (eg. Alley 104 & 105), as well as alley segments connecting to one another (eg. Alley 108A & Alley 108B, or Alley 108A & Alley 116). The Contractor shall make special accommodations to provide access for residents with disabilities in the closed alleys and streets. 6. All alleys shall be open to traffic by 4:30 PM (at the completion of each working day) with all open trenches fully plated and secured in place. 7. The Contractor shall be required to conduct all cleanup and alley maintenance activities prior to opening the alleys for traffic at the end of each working day. Any costs incurred as a result of damage or cleanup required on private properties caused by tracking of material (base/asphalt/slurry/etc.) on to private improvements will be charged back to the contractor at 2.5 times the cost of City crews to conduct the necessary work. 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." The Contractor shall submit to the City for acceptance, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made or worker protection from the hazard of caving ground during the excavations of any trench or trenches 5 -feet or more in depth. The plan shall be prepared by a registered civil or structural engineer licensed in the State of California. As part of the plan, a note shall be included stating that the registered civil or structural engineer certifies that the plan complies with CAL -OSHA Construction Safety Orders, or that the Page 10 of 27 registered civil or structural engineer certifies that the plan is not less effective than the shoring, bracing, sloping, or other provisions of the Safety Order. The detailed plan showing the design of shoring, etc. which the Contractor is required to submit to the City for acceptance in advance of excavation will not be accepted by the City if the plan is based on subsurface conditions which are more favorable than those revealed by the investigations made by the City or the Engineer or their consultants; nor will the plan be accepted if it is based on soils -related design criteria which is less restrictive than the criteria set forth in the report on the aforesaid investigations of subsurface conditions. The detailed plan showing the design of shoring, etc. shall include surcharge loads for nearby embankments and structures, for spoil banks, and for construction equipment and other construction loading. The plan shall indicate for all trench conditions the minimum horizontal distances from the side of the trench to its top to the near side of the surcharge loads. Nothing contained in this section shall be construed as relieving the Contractor of the full responsibility for providing shoring, bracing, sloping, or other provisions which are adequate for worker protection." Add the following Section 7-10.5 "No Parking" Signs 7-10.5 "No Parking" Signs The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he/she shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow - Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY' sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Add the following Section 7-10.6 Notice to Residents 7-10.6 Notices to Residents Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Page 11 of 27 Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. Additional notices will be required for final paving/slurry seal operations that will impact access to the alleys. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes, or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. Add the following Section 7-10.7 Street Sweeping Signs and Parking Meters 7-10.7 Street Sweeping Signs and Parking Meters After posting temporary "NO -PARKING -TOW AWAY" signs, the Contractor shall cover street sweeping signs and parking meters, on those streets adjacent to the construction with a "PERMIT PARKING ONLY" sign, in a manner approved by the Engineer. The contractor shall also cover all street sweeping signs on the opposite side of the street from where he has posted the "PERMIT PARKING ONLY" signs, in a manner approved by the Engineer. Immediately after construction is complete and the alley is opened to traffic, the Contractor shall remove all signs and uncover the street sweeping signs. City of Newport Beach "PERMIT PARKING ONLY" signs are available from the Engineer. Add the following Sections: 7-15 CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess a Class A General Engineering Contractor's License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built" drawings. The "As -Built" shall be submitted and approved by the Engineer prior to final payment or release of any bonds. Page 12 of 27 The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material." 7-17 SEWER FLOW BY-PASS SYSTEM The Contractor shall bypass all sewage flows during sewer related construction operations, as required. The Contractor shall at all times be responsible for the operation of the bypass system, including furnishing the necessary equipment and making arrangements to obtain power as required. If pumping is required, the Contractor shall provide redundant pumping capabilities to remain on site if the primary system fails. Primary bypass system and backup bypass systems shall be designed to handle 120% of the peace flow as specified by the "City. The effluent level in the bypass pumping manhole shall not be allowed to rise more than 1 foot above the crown of the incoming sewer pipe. Plans for bypassing shall be submitted by the Contractor to the City for approval prior to related construction activity, allowing at least 10 working days for review and return of comments. Approval by the City does not in any way relieve the Contractor of its responsibilities provided for in this section of any public liability for sewage spills under this Contract." SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization, Demobilization, and Cleanup: Measurement and Payment for work under this item will be at the contract unit price bid per Lump Sum (LS) and shall include providing bonds, insurance and financing, preparing the BMP Plan, preparing and updating a construction schedule, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Monument Preservation: Measurement and Payment for work under this item will be at the contract unit price bid per Lump Sum (LS) and shall include all Page 13 of 27 necessary pre and post construction monument preservation activities required in order to ensure all existing survey and property control monuments are documented, protected, and/or replaced per City and Orange County Surveyor requirements. This item includes the required pre construction field and record review to identify the affected monuments, preparation and filing of pre -construction corner records for all affected control/monuments and the replacement and re -filing of updated corner records for all demolished or affected monuments/control upon construction completion. Item No. 3 Traffic Control & Public Notifications: Measurement and Payment for work under this item will be at the contract unit bid price per Lump Sum (LS) and shall include delivering all required public notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing the necessary traffic control/phasing plans, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards and changeable message signs, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach requirements. Item No. 4 Remove & Replace Sewer Lateral & Wye: Measurement and Payment for work under this item will be at the contract unit bid price per Each Lateral (EA) and shall include, but not be limited to, potholing of existing utilities, verification of existing lateral alignment and connection points, sawcutting and removal of surfacing (AC or PCC), exposing utilities in advance of the work, excavation, temporary patching or plating, bypassing of sewer flow as required, cutting and connection to existing sewer main with a new wye and making adjustments to the lateral on the private side of the property line (as required), installation of a new sewer lateral and cleanout, control of ground or surface water, backfill, compaction, temporary trench resurfacing, final trench re -surfacing, and all other related final surface improvements, disposal of excess excavated materials, and all other work necessary to construct the sewer lateral complete and in place. Item No. 5 Remove & Replace Chimney Sewer Lateral: Measure and Payment for work under this item will be at the contract unit bid price per Each Lateral (EA) and shall include, but not be limited to, potholing of existing utilities, verification of existing lateral alignment and connection points, sawcutting and removal of surfacing (AC or PCC), exposing utilities in advance of the work, excavation, temporary patching or plating, bypassing of sewer flow as required, cutting and connection to existing sewer main chimney wye and making adjustments to the lateral on the private side of the property line (as required), installation of a new sewer lateral and cleanout, control of ground or surface water, backfill, compaction, temporary trench resurfacing, final trench re -surfacing, and all other related final surface improvements, disposal of excess excavated materials, and all other work necessary to construct the sewer lateral complete and in place. Item No. 6 Remove & Replace Chimney Sewer Wye: Measure and Payment for work under this item will be at the contract unit bid price per Each Location (EA) and shall include, but not be limited to, additional excavation, temporary patching or plating, Page 14 of 27 bypassing of sewer flow as required, cutting and removing/replacing existing sewer main chimney wye(s) and chimney cap, and connecting to existing/proposed sewer laterals, control of ground or surface water, backfill, compaction, temporary trench resurfacing, final trench re -surfacing, and all other related final surface improvements, disposal of excess excavated materials, and all other work necessary to remove and replace the existing chimney connection wyes and cap complete and in place. Each location is defined as a single connection to the sewer main and includes up to two wyes and one cap. This item shall not be subject to the 25% bid quantity price reduction/increase requirements for change of quantities. At the City's option, existing chimney wyes may be protected in place and joined. Such locations will be deducted from the contractors bid quantities and no payment will be made. Item No. 7 Remove & Replace Mainline Chimney Sewer Connection & Lateral: Measurement and Payment for work under this item will be at the contract unit bid price per Each Lateral (EA) and shall include, but not be limited to, potholing of existing utilities, verification of existing lateral alignment and connection points, sawcutting and removal of surfacing (AC or PCC), exposing utilities in advance of the work, excavation, temporary patching or plating, bypassing of sewer flow as required, cutting and connection to existing/proposed sewer main with a new chimney connection and wye(s) and making adjustments to the lateral on the private side of the property line (as required), installation of a new sewer lateral and cleanout, control of ground or surface water, backfill, compaction, temporary trench resurfacing, final trench re- surfacing, and all other related final surface improvements, disposal of excess excavated materials, and all other work necessary to construct the sewer lateral complete and in place. Item No. 8 Remove & Replace 8" VCP Sewer Main: Measurement and Payment for work under this item will be at the contract unit bid price per Linear Foot (LF) as measured in plan view along the sewer main centerline and shall include, but not be limited to, potholing of existing utilities, sawcutting and removal of surfacing (AC or PCC), exposing utilities in advance of the work, excavation, existing pipe removals, temporary patching or plating, bypassing of sewer flow as required, protection of existing sewer to remain, installation of new sewer main, coupling installations, control of ground or surface water, backfill, compaction, disposal of excess excavated materials, temporary trench resurfacing, compaction and final trench re -surfacing and all other related final surface improvements, pre- and post -installation CCTV inspection, and all other work necessary to construct the sewer main complete and in place. Item No. 9 Remove & Replace 10" VCP Sewer Main: Measurement and Payment for work under this item will be at the contract unit bid price per Linear Foot (LF) as measured in plan view along the sewer main centerline and shall include, but not be limited to, potholing of existing utilities, sawcutting and removal of surfacing (AC or PCC), exposing utilities in advance of the work, excavation, existing pipe removals, temporary patching or plating, bypassing of sewer flow as required, protection of existing sewer to remain, installation of new sewer main, coupling installations, control of ground or surface water, backfill, compaction, disposal of excess excavated Page 15 of 27 materials, temporary trench resurfacing, compaction and final trench re -surfacing and all other related final surface improvements, pre- and post -installation CCTV inspection, and all other work necessary to construct the sewer main complete and in place. Item No. 10 Final Trench PCC Paving: Measurement and Payment for work under this item will be at the contract unit bid price per Square Foot (SF) as measured in plan view, only counting the surface area of actual PCC improvements (excluding any slot paving area) and shall include, but not be limited to, any necessary final backfill, grading, and compaction of subgrade, disposal of any excess excavated materials, doweling of all contact joints, forming and installation of final PCC V -Gutter or PCC alley surface paving, protection and curing of the surface, and all other work necessary to construct the final PCC paving surface complete and in place. Item No. 11 Private Property Improvements: Measurement and Payment for work under this item will be at the contract unit bid price per Square Foot (SF) as measured in plan view, only counting the surface area of actual PCC/AC/Brick improvements conducted on private property and shall include, but not be limited to, any necessary coordination with property owner, final backfill, grading, and compaction of subgrade, disposal of any excess excavated materials, doweling/joining/tacking of all contact joints based on appropriate material, installation of final finished surface to match existing conditions, protection and curing of the surface, and all other work necessary to construct the final PCC paving surface complete and in place. All costs associated with the excavation, removal and disposal of existing pipe and trench material shall be included under the unit price for installation of cleanouts and no additional compensation will be allowed. Grading/replacement of dirt within private property shall not be included under this bid item. Item No. 12 Construct Asphalt Pavement Isolation Dig -Outs: Measurement and Payment for work under this item will be at the contract unit bid price per Square Foot (SF) as measured in plan view and shall include, but not be limited to, coordination with City staff to identify necessary dig -out locations, removal and disposal of existing pavement section, compaction and grading of subgrade, tacking of contact joints, installation and compaction of asphalt pavement section, and all other work necessary to construct the required localized asphalt pavement dig -outs complete and in place. Item No. 13 Construct Type I Slurry Seal: Measurement and Payment for work under this item will be at the contract unit bid price per Square Foot (SF) as measured in plan view (accounting for actual field widths) and shall include, but not be limited to, labor, materials, tools, equipment, and incidentals for, but not limited to preparing the roadway surface (including crack sealing and slurry seal), providing slurry test report only when initial test results do not meet specifications, placing Type I slurry seal, protection and curing of the seal, and all other work items as required to complete the work in place. Item No. 14 Trench Safety Measures: Measurement and Payment for work under this item will be at the contract unit bid price per Lump Sum (LS) and shall include but not be limited to submitting a detailed plan to the engineer prior to excavating any Page 16 of 27 trench greater than five feet in depth per the project specifications and implementation of the required shoring and bracing to complete the work in place. Item No. 15 Final Redline As -Built Plans: Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $2,000 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. Item No. 16 Allowance for Unforeseen Conditions: An amount of $50,000 is to be included in the Contractor's bid for unknown underground obstructions, as directed and approved by the Engineer. Payment for this item shall be on a time & materials basis. 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: "From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid." Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." Page 17 of 27 PART 2 - CONSTRUCTION MATERIALS SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Add to this section: Portland Cement Concrete for construction shall be Class 560-C- 3250. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Add to this section: Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans. All rebar shall be epoxy coated. 201-7 NON -MASONRY GROUT 201-7.2 Quick Setting Grout Add to this section: The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout. SECTION 203 — BITUMINOUS MATERIALS 203-5 EMULSION -AGGREGATE SLURRY 203-5.2 Materials. Replace 1) with the following: "Emulsified asphalt shall be of a quick -set type. It shall be cationic unless otherwise specified and shall conform to the requirements of CQS-1 h of 203-1.3 (Test Reports and Certification), 203-3.2, and to the following specifications when tested according to appropriate ASTM Methods: Minimum Maximum Furol Viscosity at 77 degrees F sec. 15 50 Sieve Test 0.10 Residue from distillation. % 60 80 Penetration of Residue at 77 degrees F 40 75 Particle Charge Test Positive Page 18 of 27 Replace 2) with the following "ADDITIVES: Latex - Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company, Inc., or equal approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 2'/2 percent of weight of the emulsified asphalt. Latex- added emulsified asphalt shall be kept in a suspended state by an agitating mixer and mixed every three days. Materials testing shall be performed as directed by the Engineer." Replace in Table 203-5.2 (B): Sand Equivalent shall range from a value of 55 to a value of 45." 203-6 ASPHALT CONCRETE 203-6.4 Asphalt Concrete Mixtures 203-6-4.3 Composition of Grading Add this Section: Asphalt Concrete for the finish course shall be C2 64-10 and B 64-10 for the base course. SECTION 207 - PIPE 207-8 VITRIFIED CLAY PIPE 207-8.1 General. Add to this Section: "Vitrified clay pipe shall be extra strength." All sewer laterals shall be Extra Strength Vitrified Clay Pipe. Page 19 of 27 PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Add to this Section: 'Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link Franchised Haulers List." 300-1.3.1 General Add to this section: "The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications for Public Works Construction except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items." 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words 1-Y2 '/Z inch" of the last sentence with the words "two (2) inches". Add the following Section 301.5 Solid Waste Diversion 300-1.5 Solid Waste Diversion Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. Page 20 of 27 The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention." SECTION 302 - ROADWAY SURFACING SECTION 302-4 EMULSION -AGGREGATE SLURRY 302-4.1 General Add the following to this section: "Prior to placement of the slurry seal, Contractor shall review the alley pavement survey with City staff to identify localized pavement dig out locations. All pavement dig outs shall be conducted prior to the installation of the slurry seal. Crack sealing and weed abatement shall also be conducted prior to the installation of the slurry seal." 302-4.3 Application 302-4.3.1 General. Add to this section; 'Type I slurry shall be applied at the rate of 9.5 pounds per square yard. Slurry seal shall be limited to the alley pavement surface and shall not extend on to the adjacent roadways" 302-4.3.2 Spreading. Replace the first sentence of the second paragraph with, "Slurry seal shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. on the same day. In case of damage done by vehicles and/or pedestrians upon slurry that has not been sufficiently cured by 3:00 p.m., the Contractor shall replace all of the damaged work at the Contractor's expense and no additional compensation shall be made by the City. Upon the completion of the day's slurry, street or parking lot shall be temporary striped. Final striping shall be installed no more than ten (10) working days after placement of slurry." Replace the first sentence of the third paragraph with, 'Prior to the slurry application, the Contractor shall clean all work surfaces and remove all loose materials, vegetation, oil, and other foreign material. Additionally, all weeded locations shall be treated by an approved weed -killer before any slurry shall be applied." 302-4.3.3 Field Sampling. Add this section: "Upon the Engineer's direction, the Contractor shall slurry seal test sections within the construction limits for each batch of slurry mix. The Contractor shall apply the slurry test sections as directed by the Engineer. No slurry shall be applied until the test slurry sections have been approved by the Engineer. The costs of these slurry tests shall be included in the contract price paid for slurry seal and no additional compensation shall be made by the City to the Contractor. Field samples that do not meet the requirements of Table 301-4.2.2 (A) shall be re -tested. The Contractor shall be responsible for all cost associated with the re -testing." Page 21 of 27 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General Add to this section: "All cracks '/-inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (e.g. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1-1/2 inches of asphalt (finish course) shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -PG 64-10 asphalt concrete mix. The pavement shall then be cleaned with a power broom. Localized Pavement Dig -Out Thickness: Where required, localized pavement dig -outs shall be 4" minimum AC thickness, or match existing pavement thickness. 302-5.4 Tack Coat Add to this section: 'Prior to placing the asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one —tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.6 Curing Add to this section: 'The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201- 1.1-2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6-7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." Page 22 of 27 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303-5.4 Joints 303-5.4.1 General Add to this section: "The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches." 303-5.5 Finishing 303-5.5.1 General Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at affected locations in a manner that matches the adjoining existing private property in structural section, texture and color." 303-5.5.2 Curb Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals and water services." 303-5.5.4 Gutter Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." Page 23 of 27 SECTION 306 — OPEN TRENCH CONDUIT CONSTRUCTION 306-1 GENERAL Add the following to this section: Field Locating of Sewer Lateral Connection Points & Alignment: It shall be the contractor's responsibility to field locate and verify the actual sewer lateral point of connection to the sewer mainline as well as the alignment and termination point at the private property line. Sewer lateral station and locations shown on the plans have been determined via record research and CCTV inspection stationing reports. Variance of the point of connection from record/CCTV reports are anticipated. Stations provided on the plans are the observed station of the mainline connection point based on CCTV reports, and may not correlate with the actual sewer lateral alignment to property line. Furthermore, existing alignment and configuration of sewer laterals are anticipated to vary in length, offset, and angle based on new development connections/modifications. All costs associated with identifying, locating, and replacing the existing alignment, in kind, shall be included under the associated sewer lateral replacement bid item. Sewer Cleanout Placement Final location for sewer cleanouts shall be field located based on sewer lateral connection points, and shall be oriented to avoid conflict with any existing utility boxes/vaults. Should a conflict with an existing utility surface feature be noted, the Contractor shall be required to coordinate with City MOD/Engineering staff to locate, reconfigure, and install the sewer lateral/cleanout in order to place the cleanout as close to the right of way line as possible. No additional compensation will be allowed for any necessary re-routing or added piping required for adjustments due to utility conflicts. Placement of sewer cleanout, where feasible, shall be per the provided plan details with the sewer cleanout being located adjacent to the private property side of the right of way line. Where private improvements restrict such placement, sewer cleanouts shall be located within the public right of way adjacent to the right of way line. All trenching & pipe related improvements shall be paid for as part of the sewer cleanout bid item. All surface repairs (PCC/AC/Brick/Etc.) necessitated as a result of this placement shall be paid for as part of the private property improvements bid item. Thickness and texture of private property improvements shall match existing. Final Trench Resurfacing In an effort to encourage expeditious completion and final paving of the individual alley segments, the measurement and Payment for final trench AC resurfacing has been included in the sewer lateral and mainline replacement bid items. Payment for each lateral and mainline replacement location will not be allowed until final trench resurfacing has been completed. Trench PCC (Alley & V -Gutter) Replacements are included under a separate bid item, and must be completed prior to the final trench AC paving operations. Page 24 of 27 Alley Concrete Gutter Replacement A Majority of the sewer mains along the project limits are located under an existing alley concrete valley gutter which will be impacted at each of the sewer lateral replacements. Contractor shall be responsible for locating and removing/replacing concrete valley gutter per the trench typical section. Should the resultant PCC panel be less than 5' from existing weakened plain joint to construction joint, the removal limits shall be extended to the closest joint. No additional compensation will be allowed for any concrete valley gutter replacements extending beyond the required widths. Private Property Connection & Repairs It shall be the Contractor's responsibility to sawcut, remove, and replace existing alley and join conditions, in kind. Any additional damage or raveling of private property improvements beyond the trenching limits will be repaired or replaced by the contractor at no additional cost to the City. Such miscellaneous repair/protection items shall be included in the Contractor's unit price. CCN Format CCTV video required for mainline construction shall be submitted to the City in DVD format and shall include a CCTV video for the entire sewer segment starting at the closest down -stream manhole, traversing through the pipe replacement limits, and terminating at the closest up -stream manhole. CCTV video shall be accompanied by a CCTV report detailing the station, orientation, and nature of all laterals and any observed deformities. Report shall be submitted in hard copy and PDF format along with the CCTV video on a CD. SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION 308-1 General Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644-3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. Page 25 of 27 If required, the submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.) b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. Page 26 of 27 PART 4 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 as the base materials." Page 27 of 27