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Home My WebLink AboutC-6268 - Eastbluff Park Field ImprovementsApril 12, 2017 Calpromax Engineering, Inc. Attn: Nizar Kabbany 650 N. Rose Drive #186 Placentia, CA 92870 Subject: Eastbluff Park Field Improvements — C-6268 Dear Nizar Kabbany: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 I 949-644-3039 FAx newportbeachca.gov On April 12, 2016, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on April 18, 2016 Reference No. 2016000167678. The Surety for the contract is Western Surety Company and the bond number is 71730807. Enclosed is the Faithful Performance Bond. Since r y, 4� Leilani I. Brown, MMC City Clerk Enclosure (Premium subject -) adjustment based on fine_ contract price) Premium:$4,164 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 71730807 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,164.00 , being at the rate of $ 30.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Calpromax Engineering, Inc. hereinafter designated as the "Principal,° a contract for the mobilization; distributing construction notices; removing the existing backstop, fencing, netting, gates, post, drinking fountain, and foundations; placing new posts and foundation; installing fences, netting, gates, drinking fountain, concrete surfaces; adjusting existing reclaimed irrigation, restoring any damage to the field or sidewalk; and all other items to complete work in place in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Western Surety company duly authorized t0 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 Hundred Thirty Eight Thousand Eight Hundred Dollars and 001100 ($138,800.00) 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, finely by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specked in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the Calpromax Engineering, Inc. Page B-1 Bond No.: 30807 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 b� the Principal and Surety above named, on the 30th day of November 20 1 Calpromax Engineering, Inc. Name of Contractor (Principal) Western Surety Company Name of Surety 101 S Reid #300 Sioux Falls, SD 57103 Address of Surety 800-331-6053 elephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: '` 4 � 1 By: Aaron C. Harp a r+ lazl�Q City Attorney Authorized`Sign ture/Tdle Authorized Agent Signature Blake A Pfister Attorney-in-fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Calpromax Engineering, 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 Cal fomia County of L f : 1 ss. On - t'- 20 ; before me,C 7�CvtiS �' x._ vric�r F , Notary Public, personally appeared Y ciy3�lx.tv�� who proved to me on the basis of satisfactory evidence to be the persons) 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(ids), 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. NDALL WITNESS my hand and official seal. -------------------- DIANEmis lion # 20972 Commission # 2097206 j Notary Public - California ,., Orange County ALL.. LI, N My Comm. Expires Jan 15, 2019+ tures (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 )ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Calpromax Engineering, Inc. Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attaof>ed, and not the Uuthfulness, accuracy, or validity of that document. State of California County of oranges ) On November 30, 2015bilyforeme Lianne Nahina, Notary Public Date Hem Insert Name and Title of the Officer personally appeared Blake A. Pfister Name(s) of Sfgner(s) who proved to me on the basis of satisfactory evidence to be the person(4) whose name(s) is/mo subscribed to the within instrument and acknowledged to me that ine/81XV40V executed the same in his*601* authorized capacityW, and that by hisAll*$W f signature(#) on the instrument the person&), or the entity upon behalf of which the person(# acted, executed the instrument. s�w'rxF UANNE NARIN11- "r a COMM. # 1962851 X N ® NOTARY PUBLIC -CALIFORNIA CAI sY `� ORANGE COUNTY y °g u MY COMM. EXP. DEC 5; 2015 I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct, WITNESS my hand and official seal. Signature vimI Signature of Notary Public Place Notary Seal Above OPT70NAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bond 71730807 Document Date: November 30, 2015 Number of Pages: Signers) Other Than Named Above: N/A, None CaPeld #(fes) Claimed by Signerfs) Signer's Name: Blake A. Pfister 0 Corporate Officer — Ti le(s): Partner — 0 Limited 0 General 0 Individual IN Attomey in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Sigrfe s t eazpn�u1r Signer's Name: ------- 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 0 Individual C] Attorney in Fact 0 Trustee 0 Guardian or Conservator El Other: Signer Is Representing: 02014 National Notary Association • www.NationaJNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 71730807 Know All Men By These Presents, that WESTERN SIDIETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint Blake A. Pfister its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Calpromax Engineering, Inc. Obligee: City of Newport Beach Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in fullforce and effect. "Section T All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys m Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of March 13 2016 , but until such time shall be irrevocable and in full force and effect. - . rVf, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its co -A.. ;0'beallfzSyLthis 30th day of November 2015 WEST R SURE COMPANY Paul T.as ruflat, Vice President COUISKApt �yy€{AI-IA 1{ On this 30th day of November , in the year 2015 , before me, a notary public, personally appeared Paul T. Brolat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said oration. }\4qq\gMgb\b\4444\M\q\\ } M. BENT ��L NOTARY PUBLIC SEAL f Notary Public - South Dakota SOUTH DAKOTA �f }\\qq\\\q\\qb\b\\4\q\\\q My Commission Expires March 2, 2020 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 30th day of November , 2015 WEST R/SURE COMPANY Paul T. ffruflat, Vice President To validate bond authenticity, go to www.cnasuretv.com > Owner/Obligee Services > Validate Bond Coverage. Forth F5306-11-2015 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani Brown, CMC June 22, 2016 Calpromax Engineering, Inc. Attn: Nizar Kabbany 650 N. Rose Drive #186 Placentia, CA 92870 Subject: Eastbluff Park Field Improvements C-6268 Dear Nizar Kabbany: On April 12, 2016 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on April 18, 2016, Reference No. 2016000167678. The Surety for the bond is Western Surety Company and the bond number is 71730807. Enclosed is the Labor & Materials Payment Bond. Sincerely, 444 ` N�-' Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 9 www.newportbeachca.gov (Preml.m included in the Performa..�:e Bond) EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 71730807 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Calpromax Engineering, Inc. hereinafter designated as the "Principal," a contract for the mobilization; distributing construction notices; removing the existing backstop, fencing, netting, gates, post, drinking fountain, and foundations; placing new posts and foundation; installing fences, netting, gates, drinking fountain, concrete surfaces; adjusting existing reclaimed irrigation, restoring any damage to the field or sidewalk; and all other items to complete work in place, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Western Surety 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 Hundred Thirty Eight Thousand Eight Hundred Dollars and 00/100 ($138,800.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. Calpromax Engineering, Inc. Page A-1 Bond No. 71730807 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder 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 30th day of November Y015 . Calpromax Engineering, Inc. Name of Contractor (Principal) Western Surety Company Name of Surety 101 S Reid #300 Sioux Falls, SD 57103 Address of Surety 800-331-6053 telephone APPROVED AS TO FORM: CITYATTO E 'S OFFICE Date: M By: �— Aaron C. Harp NM 1MIMI 15 City Attorney Authorized Ace Blake A Pfister, Attorney-in-fact Print Name and Title clef 1 t NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Calpromax Engineering, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verges only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Calif mia Countyof 'CAu ss. lJ 20_ before Notary Public, personally appeared ►.1�7„� i u who proved to me on the basis of satisfactory evidence to be the p rson(4 whose name(,) is/are subscribed to the within instrument and acknowledged to me that he/shetthey executed the same in his/her/their authorized capacity(Mm), and that by his/her/their signaturesM on the instrument the person(4), or the entity upon behalf of which the person(j) 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. W ESS my hand and official seal. DIME KAY RANOAI t Commission R NDALL6 1 a Notary Public - California _ = Orange County M Comm. Expires Jan 15, 2019 Sig re (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 }ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Calpromax Engineering, Inc. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) OnNovember 30, 2015 Lianne Nahina, Notary _Public before me, _ Date Here insert Name and Title of the Officer personalty appeared Blake A. Pfister Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(* whose name(s) is/wo subscribed to the within instrument and acknowledged to me that he/SWAfty executed the same in his/16*117ft authorized capacity@W, and that by hf� signature{/tj 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. �y Signature L Signature of Notary Public Place Notary Seal Above OP77ONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document Bond 71730807 Number of Pages: Document Date: November 30, 2015 Signer(s) Other Than Named Above: N / A , None Capacity(fes) Claimed by Signer(s) Signer's Name:_Blake A. Pfister 0 Corporate Officer — Title(s): 0 Partner — ❑ Limited ❑ General Individual Z Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Western Surety bmpany Signer's Name: ------- 13 Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General El Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 71730807 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint Blake A. P£i stet its true and lawful attorney(s)-in-fact, with full power and authority busby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Calpromax Engineering, Inc. Obligee: City of Newport Beach Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of March 13 2016 , but until such time shall be irrevocable and in full force and effect. ' Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Brutlat, and its this 30th day of November , 2015 WEST R/ SURE COMPANY 91U'Cfk£]jj'A ss Paul T. ruflat, Vice President COW") sr+la A&A On this 30 th day of November , in the year 2015 , before me, a notary public, personally appeared Paul T. BruBat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SD3ETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said oration. x\444\\4\4444444444444444{ IA w ' M. BENT lop /'/�.�i.�_I(T� s L NOTARY PUBLIC s SEAL r Notary Public - South Dakota SOUTH DAKOTA* ♦\\4444444\4\44444\4444\ + My Commission Expires March 2, 2020 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set nW hand and seal of Western Surety Company this 30th day of November 2015 WEST R SURE COMPANY r� Paul T. JFruflat, Vice President To validate bond authenticity, go to www.enasurety.com > Owner/Obligee Services > Validate Bond Coverage. Fond F530&11-2015 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TOt'i City Clerk - City of Newport Beach 100 Civic Centerr Drive - Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE *$ R 0 0 0 8 3 0 6 7 0 9 8* 20160001676781:59 pm 04/18/16 276 409 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Govemment 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 Calpromax Engineering Inc., Placentia, as Contractor, entered into a Contract on November 24, 2015. Said Contract set forth certain improvements, as follows: Eastbluff Park Field Improvements C-6268 Work on said Contract was completed, and was found to be acceptable on April 12, 2016 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Western Surety Company. BY �� Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed oni riI 13 ��6 at Newport Beach, California. BY djw � hpr"— City Clerk �7G IT IV Nf k ��W PoR>, r -� CITY OF NEWPORT BEACH h CITY CLERK'S OFFICE cq<1xo�P Leilani Brown, MMC April 13, 2016 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: • 2014-2015 Playground Improvements - Contract No. 5855 • Multiple Back -Up Generators Replacement Project -Contract No. 6011 • Eastbluff Park Field Improvements — Contract No. 6268 Please record the enclosed documents and return to the City Clerk's Office. Thank you. Sincerely, r/ v i Leilani I. Brown, MMC City Clerk Enclosures 1.00 Civic Center Dri%e ® Post Office Box 1768 • Newport Beach, California 92658-5915 'rel eplione: (949) 644-3005 • FEu: (9.49) 644-3039 + www.newportbeachca.gov RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Calpromax Engineering Inc., Placentia, as Contractor, entered into a Contract on November 24, 2015. Said Contract set forth certain improvements, as follows: Eastbluff Park Field Improvements C-6268 Work on said Contract was completed, and was found to be acceptable on April 12, 2016 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Western Surety Company. BY f �� Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. f / Executed on (fir// ®� �(� at Newport Beach, California. BY d;�L City Clerk E) ORIGINAL CITY OF NEWPORT BEACH V NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 until 10:00 AM on the 5th day of November, 2015, at which time such bids shall be opened and read for EASTBLUFF PARK FIELD IMPROVEMENTS Contract No. 6268 $ 132,000.00 Engineer's Estimate Approvje�d by �wV M rk Vukoje Ic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Ciassifrcation(s) required for this project. "A" For further information, call Peter Tauscher, Project Manager at (949) W-3316 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.Newport8eachCA.gov CLICK: ditto//vnvw.newportbeachca aov/government/open-transparent/onlim, services/bids-rf os-ve nggLEggistratio n EASTBLUFF PARK FIELD IMPROVEMENTS Contract No. 6268 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover 14 INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)...................................................................8 18 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA.......................................................................17 INFORMATION REQUIRED OF BIDDER..................................................................... 18 NOTICE TO SUCCESSFUL BIDDER...........................................................................21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............ ................... ......................... A-1 FAITHFUL PERFORMANCE BOND ................. ........... ....... .... .... .......................... B-1 INSURANCE REQUIREMENTS.......................................................................... C-1 PROPOSAL.............................................................................................................. PR -1 SPECIAL PROVISIONS. .................................................................................... ...... SP -1 2 City of Newport Beach EASTBLUFF PARK FIELD IMPROVEMENTS Contract No. 6268 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 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 forbid 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 reviewed. IM EM A Contractor's License No. & Classification 10 ©0o'W ig 61101 I6 DIR Reference Number & Expiration Date 6!A L.PtOINV ErJ(7 NUCI /l✓U i lNC ar t . Signature/Title Date 13 Bid Bond 71722936 City of Newport Beach EASTBLUFF PARK FIELD IMPROVEMENTS Contract No. 6268 BIDDERS BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and finely bound to the City of New Beach, acharter city,inthe principal sum often percent of the amount bid in ------- Dollars ($ 10 ° ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of EASTBLUFF PARK FIELD IMPROVEMENTS, Contract No. 6268 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 5th dayof November 2015. Calpromax Engineering, Inc. Name of Contractor (Principal) Authorized Signature/Title n /�'- Western Surety Company Lt7p Name of Surety Authorized Agent Signature 101 S Reid #300 Sioux Falls, SD 57103 Address of Surety 800-331-6053 Telephone Blake A Pfister, Attorney-in-fact Print Name and Title (Notary acknowledgment of Principal 8c SUretV must be attached) 5 C.LIFORNIA ALL-PURPOSS• • CIVIL • 1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Callfomla County of Qrangg ) On November 3, 2015 before me, Lianne Nahina, Notary Public Date Were Insert Name and Title of the Officer personally appeared Blake A. P f i s Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(q) whose name(s) is/AV subscribed to the within instrument and acknowledged to me that he/1y executed the same in his>###AWjr authorized capacityW, and that by hialftMW signature(Y) on the instrument the person fV), or the entity upon behalf of which the person(>i+j acted, executed the instrument. ! .ANNE WJ Fi1NQ n = 4 COMM. ?= 1962651 F� NOTARY F0B1fr- ALIFORNIAZ ORANGE COUNTY (n -' /My COMM. EXP DEC 5.20'15 t I certify under PENALTY OF PERJURY under the laws of the State of Califomla that the foregoing paragraph is true and correct, WITNESS my hand and official seal. Signature � _ �Ci /t /t r ltjt" Signature of Notary Public Place Notary Seal Above O)MONa Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Dac meat: Bid Bond 71722936 Document Date: November 5, 2015 Number of Pages: Signer(s) Other Than Named Above: N/A, None CapacityQes) Claimed by Signer(s) Signer's Name: Blake A. Pfister 0 Corporate Officer — Title(s): ❑ Partner — O Umited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Western Surety company Signer's Name: ------- 0 Corporate Officer — Title(s): ❑ Partner — ❑ Umited ❑ General ❑ Individual ❑ Attorney in Fact 0 Trustee ❑ Guardian or Conservator El Other: Signer Is Representing: 1152 IM 0 191111 affil Mill 1 1244-M --I;P NMI Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 71722936 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint Blake A. Pfister its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Calpromax Engineering, Inc. Obligee: Citi of Newport Beach Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effset. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligatiaas of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of Feb rua r V 5 , 2016 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its orate saal_Ftk.be,affixed this 5th day of November 2015 STWF;aQZ?T�v I3A'TA COUN1't`d r s{; ss sQ?AIIA On this 5th day of November , in the year 2015 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and df said co 1 ation. j+++aaaM+ah+rµrrrrwa++{ J\ S. PETRIK I + SEAL NOTARY PUBLICal + SOUTH DAKOTANotary Public -South Dakota ir ♦+a+aaaaa+a++at++aa+ar+++ My Commission Expires August 11, 2016 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 5th _ day of November 2015 WEST R SURE COMPANY Paul T. at, Vice President Form F6306-&2012 "- WEST R SURE COMPANY -'a Paul T. ruflat, Vice President STWF;aQZ?T�v I3A'TA COUN1't`d r s{; ss sQ?AIIA On this 5th day of November , in the year 2015 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and df said co 1 ation. j+++aaaM+ah+rµrrrrwa++{ J\ S. PETRIK I + SEAL NOTARY PUBLICal + SOUTH DAKOTANotary Public -South Dakota ir ♦+a+aaaaa+a++at++aa+ar+++ My Commission Expires August 11, 2016 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 5th _ day of November 2015 WEST R SURE COMPANY Paul T. at, Vice President Form F6306-&2012 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of `Jyo,!Lk? ) On JoJ S— z1015 before me, 0M OL +or{5, , n1oTaY� Ow��iC Date Here Insert Na4e and Title 4 the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the,,personW whose name(s) @(ate subscribed to the within instrument and acknowledged to me that td/I dAhey executed the same in al laer/their authorized capacity(ie6), and that by t@heetheir signature(son the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. r Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. - , Description of Attached Docum t (� QQ sti��o r } (J�^ Ir'^ 4 G2� F Title or Type of Document: fs�b �u✓K h� I� Document Data; Number of Pages: Signer(s) Other Than Named Above: true( n Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General` ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Cor ❑ Other: Signer Is Representing: L7 ❑ Individual ❑ Trustee • Other. (JoV§--2,01Y' Officer — Title(s): ❑ Limited ❑ General ❑ Attorney in Fact ❑ Guardian or Conservator Is Representing: ©2014 National Notary Association • www.NationaiNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach EASTBLUFF PARK FIELD IMPROVEMENTS Contract No. 6268 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name: -SK -'L J S YU 1 enu C. Address: T0V-Y-6 .C�� CA sf —,L/ f t I�tr�C� !i' �.r✓W� Phone:t aft_ Gqq _)563 State License Number: 43 4 '} $ S q- DIR Reference: Email Address: Name: w Address: 6 Phone: D $ 7Lf — 41 / Lt /1/" 'Ii h,r `4 F/(u State License Number: G t; U DI Reference: \ u u oa u) '5L4 ZEmail Address: Name: Address: Phone: State License Number: DIR Reference: Email Address (;,4 0"MAX E7IGG IN LT2 IN61 /A/C p 5 lde't,,'r Bidder AuthodSignature/Title 8 City of Newport Beach EASTBLUFF PARK FIELD IMPROVEMENTS Contract No. 6268 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name "A I -Pk OMA /` Wl - 1 NE tR /NC, / AC FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE - For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Number5: fe lll__ (l0.✓1o,A JI Project Description /dlc k L� Approximate Construction Dates: From (/ T 2 I C 1 v \ S To: '�— Agency Name C.: tiw J �o'J� Contact Person tAq-f< *ApAbpf t Telephone (q41 S 8Ll Ly Original Contract Amount $ % Final Contract Amount $ \ 6k1 0 " 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. 2 Project Name/Number Project Description C 1 "V rc� Approximate Construction Dates: From tRTI9 I� IU To: I u�� !l� Agency Name Contact Person elephone Original Contract Amount $�•, Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Project Description C reset %f e.r<Jw� P-1- Approximate Construction Dates: From . To: 21 11;11 -zai 5 Agency Name !!�. N Ca�1Y t V"' Contact Person G ). L. M erwd Telephone (1 14 0110_ 213 2 Original Contract Amount $4 Final Contract Amount $ 1 4t 0"� � �T If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 4 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name/Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial ste sufficiently comprehensive to permit an appraisal of the conditions. ✓/,! dA, LKOOA�( LiUc OttruAlC, , IAX Bidder 12 and other information ;toy's current financial City of Newport Beach EASTBLUFF PARK FIELD IMPROVEMENTS Contract No. 6268 NON -COLLUSION AFFIDAVIT State of California ) )ss' Cou�nfty of ©r'"�!'�iCl�c'ic, ) bein�G fir t duly sworn, deposes and says that he or she is of t tl�h01rM Rr? )POv n�,/rtge party making the foregoing bid, that the bid is not made in the inter t oe— f, or ,any undisq(os�e'i�3"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 6ALPruomA-x of /WeElt.Ir llkcC Bidder Authoriz Subscribed and sworn to (or affirmed) before me on by certify under PENALTY OF PERM foregoing paragraph is true and correct. [SEAL] DIANE KAY RANDALL Commission # 2097206 Z , -e Notary Public - California z Z ' Orange County M Comm. Ex ires Jan 15, 2019 foregoing is true and correct. &es '40177- A W 4017t Al Y! A }fir t , 2015 proved to me on the basis of me. under Wp laws o oary'Put My 13 the State -f California that the Expires:Pt1.1� ,z) City of Newport Beach EASTBLUFF PARK FIELD IMPROVEM Contract No. 6268 DESIGNATION OF SURETIES Bidder's C . 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): �M nXTR : /30/v/) 10AINUTIOA11 ,N9g1 btL- PA�ADo # 2W4 Dhn/4 POIIVT, M 11% lol Sup j2?� Sou S'lod)( S►.�) 61/03 �Sodi 3��_ 6053 14 City of Newport Beach EASTBLUFF PARK FIELD IMPROVEMENTS Contract No. 6268 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name YALIDl2OM,JX ENry l/UCFT 1A1(; dAfC 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 2014 2013 2012 2011 2010 Total 2015 No. of contracts 2 Total dollar Amount of Contracts (in Thousands of $)1 No. of fatalities No. of lost Workday CasesNo. 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 MPPCOIL44 �( t/W 11VMR t(1OG,1iVC . Business Address: 61,4-0 N. lO,SF DR / (e, MC (O'/A, M gU70 Business Tel. No.: _/Mq 2 State Contractor's License No. and Classification: OMW Title Pmidee? 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 accur tp within the limitations of those records. I'NO dr. a i Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title � LPA- v,M � x �-,�c �� err. i�/G , /Nc ''_ *,�•�t 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 ATTACHED] 16 C .a. r< a..a<_a .a .af..a..a _a a. a..x... <.a .a .ae .'..ary-.`es�.r< �< �.<-.�< a. �. �.0-.�. �< �e af.✓�.i..a .a .� .�..x... 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 (�n L vw i. ) ( On U .Oft L beforem�lCIA OV VLQR^,n I kv-rx(, Date Here Insert Name and Title of the personally appeared Signel•(s� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)<s/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s)-on the instrument the person(s), Er—the entity upon behalf of which the person(s),acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe_Stkte of California that the foregoing paragraph DIANE KAY RANDALL WITNErA SS my ha id and offi eal. Commission # 2097206 i s . Notary Public -California i Z Orange County' ignature( .� My Comm. Expires Jan 15, 2019+ Sign j- ,e of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached D��currlI TIent _ Title or Type of Document:�dr U I I HAA V ,-Q ((.4 Document Date: LI .C*.� Number of Pages: 1 Sig renSig ren s); Other Than Named Above: Capacity(ies) C gimed by Signer(s) Signer's Name: i \\Zu l ❑ Corporate Officer — Title(s): I ❑ Partner — ❑ Limited ❑ General b Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representinga Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: City of Newport Beach EASTBLUFF PARK FIELD IMPROVEMENTS Contract No. 6268 ACKNOWLEDGEMENT OF ADDENDA Bidder's name 1A L Pr 6941/1 K LV6I1Vttk/C /IMC The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Rec ived Sign ture f lC�' 12t7/S At" 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT W1117d,1Bill �jIN[elm '. EASTBLUFF PARK FIELD IMPROVEMENTS CONTRACT NO. 6268 DATE: Jt' 2 -/S BY: wiros, K �4/4== City Yngineer 47A The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. •.40s-1.1� REMOVE Proposal and REPLACE with the attached REVISED PROPOSAL Bidders must sign this Addendum No. 9 and attach it to the bid proposal. No bid will be considered unless this signed Addendum is attached. I have carefully examined this Addendum and have included full payment in my Proposal. NPR -011411 �( 61,✓C; NEER WC,, 11V GI . Bidder's Name (Please Print) Date Authorized Signature &'TRW'" W ZAfl, JCAafmlvy l pli esJd?, r City of Newport Beach EASTBLUFF PARK FIELD IMPROVEMENTS Contract No. 6268 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: )( tAr7WMQ1V6 f IAIC Business Telephone and Fax Number: 09C 41%—od-2l (7iel i l California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) Original Date Issued: / Expiration Date: g A /1V /g List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: a, /S�it��t 7'©r The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone 76 Vt-Pru&AK bYcSllIl tkIA(MA" LON- Ro-z Ar- x#196 & g)41/01_< vz/ #i lAr I< 'bao y Pre /'deny �3� Sa in7 6&e4 Ir lr in e �A 01,110 Corporation organized under the laws of the State of HE The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N0JVC All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: /�J 6) A/t 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: V O NC— Provide the names, addresses and telephone numbers of the parties; X/A Briefly summarize the parties' claims and defenses; /V I Have you ever had a contract terminated by the owner/agency? If so, explain. A10 Have you ever failed to complete a project? If so, explain. k 6) For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)?Yes / No 19 Are any claims or actions unresolved or outstanding? Yes / No 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/ Z S R // �/Cl 6 (Print name of Owner or President of CorpoFatio /Company) Bidder �r A7toze�Signature/Title red Title L/ / // /.� Date ` � I On \• •�t�� before me, bhrj �� C �Y _i:✓vXc�f Notary Public, personally appeared VcMrYAv-\�� I , 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 .be/she/they executed the same in his/her/their authorized capacityTies), and that by his/her/their signaturd(s) on the instrument the persons), 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 oaraoraoh is true and correct. seal. said (SEAL) My Commission Expires:KAY RANDALL Commisslon # 2097206 Z z -r Notary Public - California > Orange County M comm. Expires Jan 15, 2019+ 20 City of Newport Beach EASTBLUFF PARK FIELD IMPROVEMENTS Contract No. 6268 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 EASTBLUFF PARK FIELD IMPROVEMENTS CONTRACT NO. 6268 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 24th day of November, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and CALPROMAX ENGINEERING, INC., a California corporation ("Contractor"), whose address is 650 North Rose Drive, #186, Placentia, California 92870, 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 mobilization; distributing construction notices; removing the existing backstop, fencing, netting, gates, post, drinking fountain, and foundations; placing new posts and foundation; installing fences, netting, gates, drinking fountain, concrete surfaces; adjusting existing reclaimed irrigation, restoring any damage to the field or sidewalk; and all other items to complete work in place (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 6268, 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 Hundred Thirty Eight Thousand Eight Hundred Dollars and 00/100 ($138,800.00). 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 Nizar Kabbany 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. Calpromax Engineering, 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 seg.). 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: Nizar Kabbany Calpromax Engineering, Inc. 650 N. Rose Drive, #186 Placentia, CA 92870 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 Calpromax Engineering, 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 Calpromax Engineering, Inc. Page 4 Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or Calpromax Engineering, Inc. Page 5 death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. Calpromax Engineering, 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 Calpromax Engineering, 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 Eoual 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, Calpromax Engineering, 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] Calpromax Engineering, 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: ' ,u By�s. .)-'�v Aaron C. Harps ��ttKiK City Attorney ATTEST: ' Date: By: D&� r�lo owk,- Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: I 1.t, By: / A.XL Edward D. Mayor CONTRACTOR: Calpromax Engineering, Inc., a California corporation Date: By: i Nizar Kabba'hy President /Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Calpromax Engineering, Inc. Page 10 (Premium included in the Performance Bond) EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 71730807 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Calpromax Engineering, Inc. hereinafter designated as the "Principal," a contract for the mobilization; distributing construction notices; removing the existing backstop, fencing, netting, gates, post, drinking fountain, and foundations; placing new posts and foundation; installing fences, netting, gates, drinking fountain, concrete surfaces; adjusting existing reclaimed irrigation, restoring any damage to the field or sidewalk; and all other items to complete work in place, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Western Surety 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 Hundred Thirty Eight Thousand Eight Hundred Dollars and 00/100 ($138,800.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. Calpromax Engineering, Inc. Page A-1 Bond No.: 71730807 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 of seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 30th day of November 2015 Calpromax Engineering, Inc. /wj /pe5% Name of Contractor (Principal) Authorized Signaturefritle C/ Western Surety Company Ae / Name of Surety 101 S Reid #300 Sioux Falls, SD 57103 Address of Surety 800-331-6053 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: � f Lq .111 Aaron C. Harp NM 1LJLZI City Attorney Authorized Blake A Pfister, Attorney-in-fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Calpromax Engineering, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verges only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Ck-" cx, k— ) ss. \ On \ l U " 20k <,- before meZ71 r n 1 Notary Public, personally appeared \L-ki 1-YA;n+-l\ who proved to me on the basis of satisfactory evidence to be the person(s.) whose name($) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in bis/her/their authorized capacity(ft), and that by his/her/their signatures(;) on the instrument the person(), or the entity upon behalf of which the person(I-) 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. DIANE KAY RANDALL WITNESS my hand and official seal. Commission a 209720$ =Notary Public - California s Orange County (� k ('i " a @My Comm. Ex ires Jan 15, 2018 Signature . (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 }ss. On 20 before me, Notary Public, personally appeared 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 Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Calpromax Engineering, Inc. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On November 30, 2015 beforeme, Lianne Nahina, Notary Public Date Mere Insert Name and Tide of the Officer personally appeared Blake A. P f i s t e Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4) whose name(s) is/AV subscribed to the within instrument and acknowledged to me that he/Stoff/4W executed the same in hist authorized capacity**, and that by hist signature(i) on the instrument the personfp), or the entity upon behalf of which the person($) acted, executed the instrument. V/Ct�iUlhl. i 19 ?8S o 0 ARYP%1C•CALIFCR+lIP ` ORANGE C0'1JfT' piVCQppM.EXPAtia5,2041Ftd? ~I Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal. Signature�� Signature of Notary public - OPTIONAL. Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bond 71730807 Number of Pages: Signer(s) Other Than CapacityQes) Claimed by Signer(s) Signer's Name: Blake A. Pfister * Corporate Officer — Title(s): ❑ Partner — © Limited ❑ General ❑ Individual LTJ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Western Surety ompany Document Date: November 30, 2015 Named Above: N / A , None Signer's Name: ------ 0 Corporate Officer — Title(s): © Partner — ❑ Limited O General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: o r . .. .. .. •r • :rr r Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 71730807 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint Blake A. Pfister its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Calpromax Engineering, Inc. Obligee: City of Newport Beach Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of March 13 2016 , but until such time shall be irrevocable and in full force and effect. t wsi Iig�p�0�$f8�f Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its cor' e—$-•eal•to-betjthis 30th day of November 2015 . WErTRSURE COMPANY R-. 9T�,T"S: SOUTE�,ZA � Paul T.Jffmflat, Vice President COUtst�.f a5atw On this 30th day of November , in the year 2015 ,before me, anotazy public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said oration. i4444444b4b44444bbbbbbbb4+ M. BENT L NOTARY PUBLIC sEA� i Notary Public - South Dakota s JMSOUTH DAKOTA�P f b444b4444bb44444bb4444b + My Commission Ezpires March 2, 2020 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force mid effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 3 Utn day of November 2015 WEST R//SURE COMPANY Paul T. ruflat, Vice President To validate bond authenticity, go to w .cnasurety.com > Ow erlObligee Services > Validate Bond Coverage. Foran F530&11-2015 (Premium subject to adjustment based on final contract price) Premium:$4,164 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 71730807 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 41164.00 , being at the rate of $ 30.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Calpromax Engineering, Inc. hereinafter designated as the "Principal," a contract for the mobilization; distributing construction notices; removing the existing backstop, fencing, netting, gates, post, drinking fountain, and foundations; placing new posts and foundation; installing fences, netting, gates, drinking fountain, concrete surfaces; adjusting existing reclaimed irrigation, restoring any damage to the field or sidewalk; and all other items to complete work in place in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Western Surety 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 Hundred Thirty Eight Thousand Eight Hundred Dollars and 00/100 ($138,800.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the Calpromax Engineering, Inc. Page B-1 Bond No.: 71730807 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 Principal and Surety above named, on the 30th day of Novei Calpromax Engineering, Inc. Name of Contractor (Principal) Western Surety Company Name of Surety 101 S Reid #300 Sioux Falls, SD 57103 dress of Surety 800-331-6053 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: \/q Aaron C. Harp kM \z1'Z21« City Attorney W, executedb� the ,)n 1 Signature Blake A Pfister Attorney-in-fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Calpromax Engineering, 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 ss. 7 On 20 iC before me,V--XuA'.A. Notary Public, personally appeared 1 V-cx\/ )C ly who proved to me on the basis of satisfactory evidence to be the person(S) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed The same in his/her/their authorized capacity(i is), and that by.hjs/her/their signatures(e.) 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. ALL WITNESS my hand and official seal. ------------------- DIANEmis Kon # 20 72 Commission # 2097206 r I@ Notary Public . Callfornla = z Orange County a\cu--IMy Comm. Expires Jan 15, 2019+ Signature L- (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 }ss. On 20 before me, Notary Public, personally appeared 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 cepacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Calpromax Engineering, Inc. Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Grande ) On November 30, 2015beforeme, Lianne Nahina, Notary Public Date Mere Insert Name and Title of the Offleer personally appeared Blake A. P Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(* whose name(s) is/AV subscribed to the within instrument and acknowledged to me that he/NoWsly executed the same in him authorized capacity#W and that by his//A�t!116aYff signature(U) on the instrument the personM, or the entity upon behalf of which the person# acted, executed the instrument. 44�Lor>MF �ryLIIh[�,pN[pNE NA/H1 W, i� h� �� Comm., 1�C14.M1Y�M »' C� tin ; NOTARY7l13LIGCALIFORNIA MY CO1101M EXP. DEC 5. 201 i I certify under PENALTY OF PERJURY under the laws of the State of Califomla that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature' Signature of Notary Public Place Notary Seal Above OP77ONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bond 71730807 Document Date: November 30, 2015 Number of Pages: Signer(s) Other Than Named Above: N/A, None Capacity0es) Claimed by Signer(s) Signer's Name: Blake A. Pfister Corporate Officer — Titla(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual IN Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Sign S r Is Re res ntin V esternurR Signer's Name: ------- g Corporate Officer — Tftle(s): 11 Partner — ❑ Limited ❑ General ❑ individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 71730807 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company'), does by these presents make, constitute and appoint Blake A. Pfister its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Calpromas Engineering, Inc. Obligee: City of Newport Beach Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of March 13 2016 , but until such time shall be irrevocable and in full force and effect. n AD st. _ Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its ,this 30th day of November 2015 WEST R SURE COMPANY ST $Yap S�U rfiAWA l Paul T. ruflat, Vice President COITN#fY- < •• 6s a`` } ss On this 30th day of November ,in the year 2015 ,before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said oration. t94F444i44b4a�a•e�.�.a�bblhaei} � s M. BENT /�/=7,,,,��/-`✓.///+ s r—� NOTARY PUBLICa e S L SEAL t Notary Public - South Dakota SOUTH DAKOTAp ►OiA4hh4hbihr4Po4K4vw5nti F My Commission E:cpires March 2, 2020 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 30th day of November 2015 WESe;-,z SURE COMPANY T Paul T. ruflat, Vice President To validate bond authenticity, go to www.cnasurety.com > Owner/Obligee Services > Validate Bond Coverage. Form F5306-11-2015 EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractors indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Calpromax Engineering, Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractors insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed Calpromax Engineering, Inc. Page C-2 documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at 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 Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, sub- contractors shall provide additional insured 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 pail of City to- inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self - insure its obligations to City. If Contractor's existing coverage includes a Caipromax Engineering, Inc. Page C-3 self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Calpromax Engineering, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 12/21/15 Dept./Contact Received From: Raymund Date Completed: 1/11/16 Sent to: Raymund By: Renee/Alicia Company/Person required to have certificate: Calpromax Engineering Type of contract: All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 11/30/15-11/30/16 A. INSURANCE COMPANY: Colony Insurance Company B. AM BEST RATING (A-: VII or greater): A:= C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes N No D. LIMITS (Must be $1 M or greater): What is limit provided? 1M/2M E. ADDITIONAL INSURED ENDORSEMENT— please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed 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 N No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ❑ Yes N 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? N Yes ❑ No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 11/20/15-5/201/16 A. INSURANCE COMPANY: State Farm Jnsurance B. AM BEST RATING (A-: VII or greater) A++:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1M 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 NIA ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 12/16/15-12/16/16 A. INSURANCE COMPANY: State Fund B. AM BEST RATING (A-: VII or greater): C. ADMITTED Company (Must be California Admitted): ❑ Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1 M F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY ® N/A ❑ Yes ❑ No V POLLUTION LIABILITY ® N/A ❑ Yes ❑ No V BUILDERS RISK ® 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 1/11/16 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: Risk Management approval is needed for the non -admitted status of the GL carrier. 1/11/16 Risk Management approved GL carrier non -admitted status. Approved: Risk Management * Subject to the terms of the contract. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT REVISED PROPOSAL EASTBLUFF PARK FIELD IMPROVEMENTS CONTRACT NO. 6268 To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: PR1of4 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. 6268 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization and Demobilization @ ✓ I i ti,. Dollars and 14 drSb ZCents $ Per Lump Sum 2. Lump Sum Traffic Control @ Dollars and $ \_ Per Lump Sum Centslou 3. Lump Sum Removals, Clearing and Grubbing i", � 1 i Dollars and 'z;l Vo Cents $ 61600 Per Lump Sum FIR 2of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 250 L.F. Construct Concrete 12 -inch Wide by 6 -inch Thick Mowcurb 5. Cdl 7 a 0 @ 'r r4 S; -A Dollars and q_mo Cents Per Linear Foot Lump Sum HDPE Backboard to Backstop &, J� ,A Dollars and -7 tA, Cents Per Lump Sum Lump Sum UV Coated Netting Backstop $ 2-4 $ G 5oa 1-)1060 $ @ fw,�i,�'(ha+s Dollars and 2 to s Cents $ �„ Per Lump Sum 250 L.F. 10 -foot High 6 -gauge Vinyl -Coated Chain Link Fencing kkfel" @G v,e /L � I,,PJ Dollars and 7n �i Cents $ wz $ 2 ,6o Per Linear Foot 2 EA. 40 -foot High Steel Backstop Posts Dollars and Zvlo Cents $iL $ i 5, ooQ Per Each 2 EA. 35 -foot High Steel Backstop Posts @C End" VN41'4bollars and Cents $ o o $ 15 00N Per Each PR3of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 2 EA. 30 -foot High Steel Backstop Posts L)ADollars and Cents $ uo $ \S; one Per Each 11, 4 EA. Chain Link Gates �� v� � Dollars and Cents $ 2/20e $ CE gc Per Each 12. Lump Sum Remove and Replace Drinking Fountain @ (_f'a )I a%8p, AA Dollars and -Z,&NAo Cents $ 8f O,.o Per Lump Sum 13. Lump Sum Remove, Store, Reinstall Existing Electrical Outlet Box Dollars and A Cents $ Q_ Per Lump Sum 14. 150 S.F. Remove and Replace 4 -inch Thick PCC Sidewalk 'rc r @. / I.' - Dollars -ter`and 2.�_Cents $ _I i) $ �� Per Square Foot 15, Lump Sum Provide As -Built Drawings (Fixed) @ One thousand five -hundred Dollars and Zero Cents $ 1,500.00 Per Lump Sum PR4of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS and -� Cents Date qw) 41l-- �(7/�)4S 70Y9 Bidder's Telephone and Fax Numbers Bidder's License No(s). and Classification(s) L-(jkt I-Ak'G@j v5CkJ KA Dnllar.q Total Price (Figures) Bidder Bidder's Authorized Signature and Title Bidder's Address 7ZA, 7 l Bidder's email address: Lta 1py-on-?lC yl 2�R ;/• Last saved by ptawOerl 1/02!2015 8:45 AM 6jserslpbMsharedrmrdmcbVY15-16 mnwd poJedsW00- parks hadwrs and beachnlr 6288 easNuff park backstop 16p111rev 2 pmposala- 6268 110215.doe CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS C�so� Eastbluff Park Field Improvements �'yk cry�r CONTRACT NO. 6268 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. P -5237-S); (3) the City's (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works 7 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 mobilization; distributing construction notices; removing the existing backstop, fencing, netting, gates, post, drinking fountain, and foundations; placing new posts and foundation; installing fences, netting, gates, drinking fountain, concrete surfaces; adjusting existing reclaimed irrigation, restoring any damage to the field or sidewalk; and all other items to be complete work in place." 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during Page 1 of 25 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." SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Replace this section with the following: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements Add Section 4-1.3.4 Inspection and Testing 4-1.3.4 Inspection and Testing All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 - hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. Page 2 of 25 The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 - UTILITIES 5-1 LOCATION Add the following after the 3`d paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." b173tjZ611NXI— e Add the following: In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City. Add Section 5-7 ADJUSTMENT TO GRADE 5-7 ADJUSTMENTS TO GRADE The Contractor shall adjust or replace to finish grade of City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, AT&T Telephone, cable television, and any other utility facilities to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the Project Schedule. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Add to this section: The time of completion as specified in Section 6-7, shall commence on the date of the `Notice to Proceed. 6-1.1 Construction Schedule Add the following between the first and second paragraphs of this section: No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for Page 3 of 25 approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6-7 TIME OF COMPLETION 6-7.1 General Add to this section: The Contractor shall complete all work under the Contract within 30 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-7.2 Working Days Revise 3) to read: "any City holiday, defined as January 1"1 (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 4"', the first Monday in September (Labor Day), November 11 th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25°i (Christmas), and December 31st (New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." Add the following Section 6-7.4 Working Hours 6-7.4 Working Hours Normal working hours are limited to 7:00 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 Page 4 of 25 desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $215 per hour when such time periods are approved. 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 $750.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services Add to the end of this section: If the Contractor elects to use City water, he shall arrange for a meter and tender a $1,073.21 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water 7-7 COOPERATION AND COLLATERAL WORK Add to this section: City forces will perform all shut downs of water facilities as required. The Contractor shall give the City a notice of seven calendar days for the time he desires the shutdown of water and/or sewer facilities to take place. Page 5 of 25 A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. The City must approve any nighttime work in advance. It is the Contractor's responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down." The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting the City of Newport Beach Utilities Division at (949) 644-3011." 7-8 WORK SITE MAINTENANCE Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 Storage of Equipment and Materials in Public Streets Delete the first paragraph and add the following: Construction materials and equipment may only be stored in streets, park, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control Add to this section, Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newoortbeachca.00v/oublicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwatemewport.com." 7-8.6.2 Best Management Practices (BMPs) Page 6 of 25 Add to this section: The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City s Municipal Code. 7-8.7.2 Steel Plates "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access Add to this section: The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (W.A.T.C.H.), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." Page 7 of 25 7-10.3 Street Closures, Detours and Barricades Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (W.A.T.C.H.), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction when completing their work. 6. Sidewalk closures in non-residential areas, or as detennined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. 7. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure 8. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure." 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 Page 8 of 25 and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." Add the following Section 7-10.5 "No Parking" Signs 7-10.5 "No Parking" Signs The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Add the following Section 7-10.6 Notice to Residents and surrounding establishments 7-10.6 Notices to Residents Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents and surrounding establishments within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. Add the following Sections: Page 9 of 25 7-15 CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess a valid `A' License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built' drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built' drawings. The "As -Built' shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material." SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include, but not be limited to, providing bonds, insurance and financing; submittal package; establishing a field office; preparing and updating construction schedules as needed; attending all construction meetings; coordinating with all applicable agencies, City departments, and utility companies; installing and maintaining construction screened chain link fencing; and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site, including, but not limited to, cleaning site; removing all USA markings; providing Page 10 of 25 irrigation test; and submitting any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include, but not be limited to, delivering all required notifications; posting signs and all costs incurred notifying residents. This item includes preparing traffic control 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 to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Removal Existing Structure: Work under this item shall include, but not limited to, providing all labor, materials, tools, equipment, and incidentals required for removing and disposing existing chain link fence, back stops, posts, foundations, netting; clearing and grubbing; removing unclassified material, filling all voids with approved materials and all other work items as required to complete the work in place as shown on the Contract Documents. Item No. 4 Construct Concrete 12 -inch Wide by 6 -inch Thick Mowcurb: Work under this item shall include, but not be limited to, the cost of all labor, materials, tools, equipment, and incidentals for excavating, preparing and compacting subgrade, formwork, base, reinforcement, installing joints, joint sealants, concrete, backfilling and all work required complete in place as shown on the Contract Documents or as directed by the Engineer, for the 12 -inch wide by 6 -inch thick curb, which shall be constructed to the lines and grades shown on the plans and details. Payment for this item will also include repairs or adjustments to existing irrigation, turf, field surface and existing improvements. Item No. 5 HDPE Backboard to Backstop: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, hardware, equipment, and incidentals for installing a 4 -foot high HDPE Backboard, and all other work items as required to complete the work in place per Contract Documents. Item No. 6 UV Coated Netting Backstop: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, hardware, equipment, and incidentals for installing netting from the chain-link fence to the backstop posts per contract documents, clips attaching netting cable supporting the net, and all other work place. to the chain link fence, '/-inch galvanized items as required to complete the work in Item No. 7 10 -foot High 6 -gauge Vinyl -Coated Chain Link Fencing: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, and equipment for installing 10 -foot high 6 -gauge vinyl -coated black colored chain link fencing, posts, foundations, stretcher bar, hardware, post caps and all other work items as required to complete the work in place per Contract Documents. Item No. 8 40 -foot High Steel Backstop Posts: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, and equipment Page 11 of 25 installing 40 -foot high black galvanized 8 -inch diameter steel backstop posts; constructing footing and placing cable fastener and cable to post, and all other work items as required to complete the work in place per Contract Documents. Item No. 9 35 -foot High Steel Backstop Posts: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, and equipment installing 35 -foot high black galvanized 8 -inch diameter steel backstop posts; constructing footings and placing cable fastener and cable to pole, and all other work items as required to complete the work in place per Contract Documents. Item No. 10 30 -foot High Steel Backstop Posts: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, and equipment for installing 30 -foot high black galvanized 8 -inch diameter steel backstop posts, constructing footings and placing cable fastener and cable to pole, and all other work items as required to complete the work in place per Contract Documents. Item No. 11 Chain Link Gates: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, and equipment for installing 10 -foot high 6 -gauge vinyl -coated black colored chain link gates, hardware, kick plate and all other work items as required to complete the work in place per Contract Documents. Item No. 12 Remove and Replace Drinking Fountain: Work under this item shall include, but not limited to, furnishing all labor, materials, tools, and equipment for saw cutting the 8 -Inch thick sidewalk; removing existing drinking fountain; installing bottle filler w/ pet accessory drinking fountain on a P.C.C. pad per manufacturer specifications; connecting to existing plumbing; placing 12 -inch pea gravel drainage beneath the base; replacing existing pullbox, disposing excess material; joining to new P.C.C. sidewalk (full panels) per CNB STD -180-L; and all other work necessary to complete work in place. Item No. 13 Remove, Store, Reinstall Existing Electrical Outlet Box: Work under this item shall include, but not limited to, furnishing all labor, materials, tools, and equipment for removing, storing, and reinstalling existing outdoor plug and junction box on new fence as shown in the Contract Documents. Contractor shall protect existing conduit and conductors during construction verify the electrical outlet are in proper working order following installation. Item No. 14 Remove Existing Improvements and Replace 4 -inch Thick PCC Sidewalk: Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment for removing and disposing existing improvements; constructing 4 -in thick PCC Sidewalk per City of Newport Beach STD -180-L; and all other work items as required to complete the work in place. Item No. 15 Provide As -Built Plans (fixed): 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 $1,500 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. Page 12 of 25 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: "From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid." Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1.2 Concrete Specified by Class Add to this section: Portland Cement Concrete for construction shall be Class 560-C- 3250. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2.1 Reinforcing Steel Add to this section: Reinforcing steel shall be epoxy -coated Grade 60 steel conforming to ASTM A 775 with 2 -inch minimum cover unless shown otherwise on the plans. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANT 201-3.3 POLYSTYRENE JOINT FILLER: Add the following "Joint filler's shall be '/-inch x three (3) inch Polyfelt, as supplied by White Cap Wholesale. Backer rods shall be used at all wall/flat work intersections. 201-3.4.1 POLYURETHANE SEALANT: Gun -grade, polyurethane with a Shore 'A' hardness of not less than 40 after 72 -hours. Pacific Polymers, PRC, or approved equal." SECTION 204 - LUMBER AND TREATMENT WITH PRESERVATIVES 204-1 LUMBER AND PLYWOOD. 204-1.1 KINDS 204-1.1.5 RECYCLED PLASTIC LUMBER: Recycled plastic lumber used for baseball backstops shall be of the size and color as shown on the Plans as manufactured by Tangent Technologies, LLC. Page 13 of 25 SECTION 206 - MISCELLANEOUS METAL ITEMS 206-6 CHAIN LINK FENCE 206-6.1.1 SUBMITTALS. A. Product Data: Material descriptions, construction details, dimensions of individual components and profiles, and finishes for the following: B. Fence and gate posts, rails, and fittings. C. Chain-link fabric, reinforcements, and attachments. D. Gates and hardware. E. Shop Drawings: Show locations of fence, each gate, posts, rails, and tension wires and details of extended posts, extension arms, gate swing, or other operation, hardware, and accessories. Indicate materials, dimensions, sizes, weights, and finishes of components. Include plans, elevations, sections, gate swing and other required installation and operational clearances, and details of post anchorage and attachment and bracing. F. Product Certificates: Signed by manufacturers of chain-link fences and gates certifying that products furnished comply with requirements. G. Qualification Data: For firms and persons specified in "Quality Assurance" Article to demonstrate their capabilities and experience. Include lists of completed projects with project names and addresses, names and addresses of City's Representatives and owners, and other information specified. H. Field Test Reports: Indicate and interpret test results for compliance of chain-link fence and gate grounding and bonding with performance requirements. 206-6.2 MATERIALS FOR POSTS, RAILS AND BRACES. Revise this section to read Materials for posts, rails and braces shall conform to the schedule shown on the Plans. All posts, rails and braces shall be PVC Coated flat black. 206-6.3 CHAIN-LINK FENCE FABRIC. [Add to this section] A. The materials for steel chain link fence fabric shall be manufactured from galvanized steel wire. The weight of zinc shall meet the requirements of ASTM F668, Table 4. Galvanized wire shall be PVC -coated to meet the requirements of ASTM F668. The class of the fence fabric shall be Class 2A — Extruded and Bonded. Height indicated on drawings. Provide fabric fabricated in one-piece widths for fencing in height of 12 feet and less. Comply with CLFMI's "Product Manual" and with requirements indicated below: a. Selvage: Top edge knuckled and bottom edge knuckled. Page 14 of 25 b. Color: The coating color for the fence fabric shall be black. Reference ASTM F668 and ASTM F934. c. Wire size: The size of the steel wire core shall be 9 -gauge (.192); the finished size of the coated wire shall be 6 -gauge (PVC Coating thickness .015-.25). d. Height and Mesh Size: The fabric height shall be 10 -feet high with a mesh size of 1-3/4 inches. 206-6.5 TRUSS OR TENSION RODS. Add to this section "Truss or tension rods shall be powder coated or painted to color match with framework materials. 206-6.4 TENSION WIRES AND FABRIC TIES. [Add to this section] A. Tension wires and fabric ties shall be powder coated or painted to color match with framework materials. B. General: Provide horizontal tension wire at the following locations: a. Extended along top and bottom of fence fabric. C. Metallic -Coated Steel Wire: 0.177 -inch- (4.5 -mm-) diameter, marcelled tension wire complying with ASTM A 824 and the following: a. Coating: Type I, aluminum coated (aluminized). b. Coating: Type II, zinc coated (galvanized) by the electrolytic process, with the following minimum coating weight: i. Class 2: Not less than 1.2 oz./sq. ft. (366 g/sq. m) of uncoated wire surface. c. Coating: Type III, Zn -5 -AI -MM alloy with the following minimum coating weight: L Class 1: Not less than 0.6 oz./sq. ft. (183 g/sq. m) of uncoated wire surface. 206-6.6 FITTINGS. [Add to this section] A. General: Provide fittings for a complete fence installation, including special fittings for corners and comply with ASTM F626. The coatings for all fittings shall be the same color coating system required for the framework; the color of all fittings and fasteners shall be black in accordance with ASTM F934. All fasteners shall be of 304 stainless steel. B. Post and Line Caps: Hot -dip galvanized pressed steel or hot -dip galvanized cast. a. Provide weather tight closure cap for each post. Page 15 of 25 b. Provide line post caps with loop to receive tension wire or top rail. c. Rail and Brace Ends: Hot -dip galvanized pressed steel or hot -dip galvanized cast iron. Provide rail ends or other means for attaching rails securely to each gate, corner, pull, and end post. C. Rail Fittings: Provide the following: a. Top Rail Sleeves: Hot -dip galvanized pressed steel or round steel. Not less than 6 inches (153 mm) long. b. Rail Clamps: Hot -dip galvanized pressed steel Provide line and corner boulevard clamps for connecting bottom rails in the fence line to line posts. c. Tension and Brace Bands: Hot -dip galvanized pressed steel. d. Tension Bars: Hot -dip galvanized steel length not less than 2 inches (50 mm) shorter than full height of chain-link fabric. Provide one bar for each gate and end post, and two for each corner and pull post, unless fabric is integrally woven into post. e. Truss Rod Assemblies: Hot -dip galvanized steel rod and turnbuckle or other means of adjustment. f. Tie Wires, Clips, and Fasteners: Provide the following types according to ASTM F 626: g. Standard Round Wire Ties: For attaching chain-link fabric to posts, rails, and frames, complying with the following: h. Hot -Dip Galvanized Steel: 0.148 -inch- (3.76 -mm-) diameter wire; galvanized coating thickness matching coating thickness of chain-link fence fabric. D. Pipe Sleeves: For posts set into concrete, provide preset hot -dip galvanized steel pipe sleeves complying with ASTM A 53, not less than 6 inches (150 mm) long with inside dimensions not less than 1/2 inch (13 mm) more than outside dimension of post, and flat steel plate forming bottom closure. 206-6.9 QUALITY ASSURANCE A. Installer Qualifications: An experienced installer who has completed chain-link fences and gates similar in material, design, and extent to those indicated for this Project and whose work has resulted in construction with a record of successful in-service performance. Page 16 of 25 B. Testing Agency Qualifications: Testing agency as defined by OSHA in 29CFR1910.7 or a member company of the InterNational Electrical Testing Association and that is acceptable to authorities having jurisdiction. C. Testing Agency's Field Supervisor: Person currently certified by the International Electrical Testing Association or the National Institute for Certification in Engineering Technologies, to supervise on-site testing. D. Source Limitations for Chain -Link Fences and Gates: Obtain each color, grade, finish, type, and variety of component for chain link fences and gates from one source with resources to provide chain-link fences and gates of consistent quality in appearance and physical properties. 206-6.10 PROJECT CONDITIONS A. Field Measurements: Verify layout information for chain-link fences and gates shown on Drawings in relation to property survey and existing structures. Verify dimensions by field measurements. B. All fencing through turf areas must include a concrete mow strip under the fence. See Products below for specification. 206-6.11 MANUFACTURERS A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: a. Chain -Link Fencing —Ameristar: 1-(800) 321-8724. b. Chain -Link Fencing - Master-Halco: 1-(888) 643-3623. 206-6.12 CONCRETE MOW STRIPS A. Subgrade: The subgrade shall be free of organic matter, large clay lumps, or stones larger than one inch, and compacted to 90% relative density. B. Forming: a. Concrete mow strips shall be a minimum of 12" wide by 6" deep. b. Forms shall be true to line and grade, and adequately staked and braced to maintain a uniform line, with the top of the finished mow strip formed to be at the same level as the adjacent turf. C. Reinforcement: Concrete mow strips shall be reinforced with two #3 epoxy coated rebar centered in the concrete. Page 17 of 25 D. Expansion Joints: Appropriate expansion joints or control joints shall be placed at a maximum of 16' intervals. 206-6.13 INDUSTRIAL FENCE FRAMING A. Round Steel Pipe: Standard weight, Schedule 40, galvanized steel pipe complying with ASTM F1083. Comply with ASTM F1043, Material Design Group IA, external and internal coating Type A, consisting of not less than 1.8-oz./sq. ft. (0.55-kg/sq. m) zinc; and the following strength and stiffness requirements: 1. Line, End, Corner, and Pull Posts and Top Rail: Per requirements for Light Industrial Fence. B. Round Steel Pipe: Cold -formed, electric -resistance -welded steel pipe. Comply with ASTM F1043, Material Design Group IC, with minimum yield strength of 50,000 psi (344 MPa); and the following external and internal coatings and strength and stiffness requirements: 1. Coatings: External, Type B, zinc with organic overcoat, consisting of a minimum of 0.9 oz./sq. ft. (0.27 kg/sq. m) of zinc after welding, a chromate conversion coating, and a clear, verifiable polymer film. Internal, Type D, consisting of 81 percent, not less than 0.3 -mil- (0.0076 -mm-) thick, zinc pigmented coating. 2. Coatings: Type C, Zn -5 -AI -MM alloy, consisting of not less than 1.8- oz./sq. ft. (0.55-kg/sq. m) coating. 3. Coatings: Any coating above. C. Line, End, Corner, and Pull Posts and Top Rail: Per requirements for Light Industrial Fence. D. Post Brace Rails: Match top rail for coating and strength and stiffness requirements. Provide brace rail with truss rod assembly for each gate, end, and pull post. Provide two brace rails extending in opposing directions, each with truss rod assembly, for each corner post and for pull posts. Provide rail ends and clamps for attaching rails to posts. E. Top Rails: Fabricate top rail from lengths 21 feet (6.4 m) or longer, with g or fabricated for expansion -type coupling, forming a continuous rail along top of chain-link fabric. F. Intermediate Rails: Match top rail for coating and strength and stiffness requirements. G. Bottom Rails: Match top rail for coating and strength and stiffness requirements. H. Extended Members: Extend end and corner posts above top of chain-link fabric 12 inches (300 mm). Page 18 of 25 206-6.14 INDUSTRIAL SWING GATES A. General: Comply with ASTM F900 for the following swing -gate types: a. Single gate. b. Double gate. B. Metal Pipe and Tubing: Galvanized steel. Comply with ASTM F1083 and ASTM F1043 for materials and protective coatings. C. Frames and Bracing: Fabricate members from round galvanized steel tubing with outside dimension and weight according to ASTM F900 for all gates. D. Frame Corner Construction: As follows: a. Welded. b. Assembled with corner fittings. c. Welded or assembled with corner fittings and 5/16 -inch- (7.9 -mm-) diameter, adjustable truss rods for panels 5 feet (1.52 m) wide or wider. E. Gate Posts: Fabricate members from round galvanized steel pipe with outside dimension and weight according to ASTM F900 for the following gate fabric heights and leaf widths: F. Extended Gate Posts and Frame Members: Extend gate posts and frame end members above top of chain-link fabric at both ends of gate frame 12 inches (300 mm) or as indicated on Drawings G. Hardware: Latches permitting operation from both sides of gate, hinges, center gate stops and, for each gate leaf more than 5 feet (1.5 m) wide, keepers. Fabricate latches with integral eye openings for padlocking; padlock accessible from both sides of gate. 206-6.15 EXAMINATION A. Examine areas and conditions, with Installer present, for compliance with requirements for site clearing, earthwork, pavement work, and other conditions affecting performance. Do not begin installation before final grading is completed, unless otherwise permitted by the Engineer. B. Proceed with installation only after unsatisfactory conditions have been corrected. 212-5 SITE FURNISHINGS Page 19 of 25 212-5.1 GENERAL 212-5.1.1 SITE FURNISHINGS. A. Netting shall be UV Coated Netting K36T-1-3/4 Standard Baseball Netting #36 three -strand twisted twine knotted netting, 1-3/4" mesh — latex treated black, rope bound by West Coast Netting. B. Drinking fountain shall be most Dependable Fountains, Inc. (MDF) bottle filler Model 10145 SMSS w/pet accessory. Unit shall be stainless steel and installed per manufacture standards and specifications. 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." 300-1.1 General: Site Demolition A. Locate, identify, disconnect, and cap designated utilities within demolition areas. B. Remove materials to be retained by City in manner to prevent damage. Store and protect on site in accordance with the Engineer's direction. C. Perform removal of irrigation piping/heads. D. Backfill open pits and holes caused as a result of demolition/removals. E. Rough grade and compact areas affected by demolition to maintain site grades and contours. F. Remove demolished materials from site and dispose of legally. 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. Page 20 of 25 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 '% inch" of the last sentence with the words "two (2) inches". 300-1.5 Solid Waste Diversion Non -reinforced clean concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention." 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.6 Curing Add to this section: 'The Contractor shall not sidewalk for 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." SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION Page 21 of 25 303-5 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." 303-5.5 Finishing 303-5.5.1 General Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303-5.5.2 Curb Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. A two (2)day notice to the Engineer is required for requests to the City to determine the location of sewer laterals and water services." 303-5.5.4 Gutter Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION 308-1 General Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall 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 Page 22 of 25 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. 308-5 IRRIGATION SYSTEM INSTALLATION 308-5.1 General. [The following paragraphs shall be added after paragraph three] The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc., as may be required to meet such conditions. The work shall be installed in such a manner as to avoid conflicts between planting and architectural features, etc. All work called for in the drawings by notes or details shall be furnished and installed whether or not specifically mentioned in the specifications. The Contractor shall not willfully install, adjust, or change the irrigation system when it is obvious in the field that unknown obstructions, installed amenities, grade differences, or discrepancies in area dimensions exist that might not have been considered in engineering. Such obstructions or differences should be brought to the attention of the Engineer. In the event this notification is not performed, the Contractor shall assume full responsibility for any revisions necessary and shall perform such at his own expense. [The following paragraph shall be added at the end of the subsection]: Temporary Repairs. The City reserves the right to make temporary repairs as necessary to keep the irrigation system in operating condition. The exercise of this right by the City shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified. 308-5.2 Irrigation Pipeline Installation 308-5.2.1 General. [The following sentences shall be added at the end of paragraph four]: A minimum of 12 inches clearance shall be maintained between irrigation pipelines and non -irrigation pipelines/conduits. [The following paragraphs shall be added at the end of the subsection] Page 23 of 25 PVC Sleeves shall be required under areas where all hardscape materials shall be installed. 308-5.2.3 Plastic Pipeline. [The following shall be added to the end of paragraph one]: PVC to metal connections shall only be accomplished by PVC male adapters screwed into metal fittings. Teflon tape shall be used on all threaded PVC to PVC, and on all threaded PVC to metal joints. Light wrench pressure is all that is required. [The following paragraph shall be added following paragraph four]: Handling of PVC Pipe and Fittings. The Contractor is cautioned to exercise care in handling, loading, unloading, and storing of PVC pipe and fittings. All PVC pipe are to lie flat and not to be subjected to undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded and, if installed, shall be replaced with new piping. Pipe and fittings shall not be stored in direct sunlight. 308-5.3 Installation of Valves, Valve Boxes, and Special Equipment [Paragraphs three, four, five, and six shall be deleted.] 308-5.4 Sprinkler Head Installation and Adjustment 308-5.4.2 Location, Elevation, and Spacing. [The third paragraph shall be amended to read as follows]: Sprinkler heads shall be installed 6 inches (150 mm) from adjacent vertical elements projecting above wade such as walls, planter boxes, curbs and fences. 308-5.6 Flushing and Testing 308-5.6.1 General. [The following paragraph shall preface the subsection]: Flushing of the lines shall be done before quick coupling valves and remote control valves are in place. All open ends shall be piped (temporarily to exhaust flushing water up and out of the trenches.) No water will be permitted to fall into the trench. Flushing procedure will be to first open the ports nearest the source, then recap, and move progressively towards the end of the line, with only one open port flushing at any one time. [Amend the last sentence of the first paragraph by adding "and approved in writing"' at the end of the sentence]. [Add the following paragraph to the end of the subsection] Page 24 of 25 When the irrigation work and adjustments are completed, a coverage test shall be performed in the presence of the Engineer to determine if the water coverage for planting areas is complete, adequate, and avoids overspray onto walks, roadways, and buildings as much as possible. The Contractor shall furnish all materials and perform all work required to correct any inadequacies of coverage due to deviations from the Drawings, or where the system has been willfully installed as indicated on the Drawings when it is obviously inadequate, without bringing this to the attention of the Engineer. This test shall be accomplished before any ground cover is planted. 1.iuserslpbvhshared\conlractsVyl5-06 cu rent projeclsbarks harbors and beaches1c6266 eastbluR park backstop 16p1115pecial_provisions_w_toadocx Page 25 of 25