HomeMy WebLinkAboutC-9945-1 - Concrete Replacement Program FY 25-26CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
Before 10:00 AM on the 21 st day of October 2025,
at which time such bids shall be opened and read for
CONCRETE REPLACEMENT PROGRAM FY 2025-26
Contract No. 9945-1
$1,283,000.00
Engineer's Estimate
Approved by
CJames M. Houlihan
eputy PWD/City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
http://www.planetbids.com/portai/potial.cfm?CompanvlD=22078
Contractor License Classification(s) required for this project: "A" or "C-8"
For further information, call Daniel Jordan, Proiect Manager at (949) 644-3344
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
https://www.newportbeachca.gov/government/data-hub/online-services/bids-rfps-vendor-
reqistration
City of Newport Beach
CONCRETE REPLACEMENT PROGRAM FY 2025-26
Contract No. 9945-1
TABLE OF CONTENTS
NOTICE INVITING BIDS..........................................................................................Cover
INSTRUCTIONS TO BIDDERS...................................................................................... 3
BIDDER'S BOND............................................................................................................ 6
DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9
TECHNICAL ABILITY AND EXPERIENCE REFERENCES .......................................... 10
NON -COLLUSION AFFIDAVIT..................................................................... 14
DESIGNATION OF SURETIES...................................................................... 15
CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 16
ACKNOWLEDGEMENT OF ADDENDA.......................................................................18
INFORMATION REQUIRED OF BIDDER.....................................................................19
NOTICE TO SUCCESSFUL BIDDER........................................................................... 21
CONTRACT.................................................................................................................. 22
LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A
FAITHFUL PERFORMANCE BOND........................................................... Exhibit B
INSURANCE REQUIREMENTS.................................................................Exhibit C
PROPOSAL.............................................................................................................. PR-1
SPECIAL PROVISIONS............................................................................................ SP-1
2
City of Newport Beach
CONCRETE REPLACEMENT PROGRAM FY 2025-26
Contract No. 9945-1
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received by the City Clerk
via PlanetBids in accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed
Envelope before the bid opening)
DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information
to be submitted via PlanetBids)
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID
OPENING DATE (if any; Contractor shall confirm via PlanetBids)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids)
The City Clerk's Office will open and read the bid results from PlanetBids immediately
following the Bid Opening.
The Bid Results are immediately available to the public via PlanetBids following the Bid
Opening Date (Bid Due Date). Members of the public who would like to attend this reading
may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.)
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may
be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing the documents. Original copies
must be submitted to the City Clerk's Office.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed
above. Bidders are advised to review their content with bonding and legal agents prior to
submission of bid.
4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized
by the Insurance Commissioner to transact business of insurance in the State of California, and
(2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The
successful bidder's security shall be held until the Contract is executed. Original, seated
copies must be submitted to the City Clerk's Office before the Bid Opening. The title of the
project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of
the envelope containing the documents.
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,
3
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 iLabor 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 prevailingi wage rates shall be pasted by the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of
the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts
Code, "Subletting and Subcontracting Fair Practices Act".
10. No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)].
11. No contractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
12. This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized
by the corporation. For partnerships, the signatures shall be of a general partner. For sole
ownership, the signature shall be of the owner.
14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on
behalf of itself or a subcontractor that lacks privity of contract with the City but has requested
that contractor proceed on its behalf, sent by registered mail or certified mail return receipt
requested for a time extension, payment by the City for money or damages arising from work
done by, or on behalf of, the contractor and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled, or for payment of an amount that is
disputed by the City, the following is a summary of the claims resolution process to be applied:
A. The City shall review the claim and, within 45 days, shall provide a written statement
identifying the portions of the claim that are disputed and undisputed. This time period may
be extended by mutual agreement. The claimant shall furnish all reasonable
documentation to support the claim. If the City needs approval from its City Council to
4
provide the written statement and the City Council does not meet within the prescribed time
period, the City shall have up to 3 days following the next regular meeting of the City
Council to provide the written statement. Payment of the undisputed portion of the claim
shall be made within 60 days after the City issues its written statement.
B. If the claimant disputes the City's written statement or if the City does not issue a written
statement in the prescribed time period, the claimant may demand in writing an informal
meet and confer conference, which shall be scheduled within 30 days of receipt of
claimant's demand.
C. Within 10 business days of the meet and confer conference, if a dispute remains, the City
shall provide a written statement identifying the portion of the claim that remains in dispute
and the undisputed portion. The City shall pay any remaining amount of the undisputed
portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding
mediation or similar nonbinding process, with the City and claimant sharing the costs
equally and agreeing to a mediator within 10 business days. If the parties cannot timely
agree on a mediator, each party shall select a mediator and those mediators shall select a
qualified neutral third party to mediate the remaining disputed portion. If mediation is
unsuccessful, any remaining disputed portion shall be addressed using procedures outside
of Public Contract Code section 9204.
D. Failure by the City to meet the time requirements herein shall result in the claim being
rejected in its entirety and shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
The signature below represents that the above has been r viewed. -
720989 - A PRESIDENT
Contractor's License No. & Classification Autho ized Signature/Title
100 000 2145 - 06,30.2028
DIR Registration Number & Expiration Date
CJ CONCRETE CONSTRUCTION, INC.
Bidder
5
Date
OCTOBER 13, 2025
City of Newport Reach
CONCRETE REPLACEMENT PROGRAM FY 2025-26
Contract No. 9945-1
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of Newport
Beach, a charter city, in the principal sum of Ten Percent of Amount Bid
_ Dollars ($ 10% of Amount Bid ), to be paid and forfeited to the City of
Newport Beach if the bid proposal of the undersigned Principal for the construction of Concrete
Replacement Program FY 2025-26, Contract No. 9945-1 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 14th day of October 2026.
CJ Concrete Construction, Inc.
Name of Contractor (Principal) Auth rized Signature/Title
j
Merchants Bonding Company (Mutual)•' � -� � � I fz
'lame of Surety � Authorize)AAent Signature
P Q Box 14498, Des Moines, IA 50306 Ted H Rarrick , Attorney -in -fact
Address of Surety Print Name and Title
(800) 678-8171
Telephone
(Notary acknowledgment of Principal & Surety must be attached)
C.
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 f e v
On 0) --+O C20I ss. 1-5 before me, �G1Gh�) f IlY)eh�?
Notary Public, personally appeared =C/1 o G' SC:;' y r) U
who proved to me on the basis of satisfactory evidence to be the persor4e} whose nameOs is/ace
subscribed to the within instrument and acknowledged to me that he/s4eA4ey executed the same
in his'",,,c,",in2ii=authorized capacity{i , and that by his/tmrf F�ignaturesfsj-on the instrument
the person(s}�the entity upon behalf of which the persoR(4acted, 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.
®®
';,' , RACNELA. JIMENEZ
WITNESS and and official seal. 4` Notary Public • California
Los Angeles County
Commission N 2497267
My Comm. Expires Aug 11, 2021
Signature (seal)
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
OPTIONAL INFORMATION
C)C f OkK W i 2i:2J Thumbprint of Signer
I&IPYS �
I
Type o Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
71
Capacity(ies) claimed by Signer(s):
Trustee
Power of Attorney
CEO/CFO/COO
_President / Vice -President / Secretary / Treasurer
Other:
Other Information:
7
Check here if
no thumbprint
or fingerprint
is available.
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
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this _a
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
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
F
(seal)
State of Arizona
County of Maricopa _
On this 14th day October 2025 before me Jennifer Castillo
personally appeared Ted H Rarrick
personally known to me or proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the foregoing instrument and acknowledged to me that
he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the
instrument.
By _
JENNIFEIRCAS71 O � Notary' blic
NOTARY op�o m`� Jennifer Cacti!
COMMISSION • M755
MY COMMISSION EXPIRES
MAY 18, 202E
My Commission Expires:
May 16. 2029
MERCHANTS
BONDING COMPANY,
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa, and MERCHANTS NATIONAL INDEMNITY COMPANY, an assumed name of Merchants
National Bonding, Inc., (herein collectively called the "Companies") do hereby make, constitute and appoint, individually,
Brandon McKee; Brian R Sawyer; Chrystal Hedges; David J McKee; Jennifer Castillo; Jennifer Grenrood; Joseph A Clarken III; Matthew Grenrood;
Melanie Ankeney; Patrick R Hedges; Raymond Klucznik; Ted H Rarrick
their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons,
guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or
proceedings allowed by law.
This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the By -Laws adopted by the Board of Directors of
the Companies.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship o obligations of the
Company, and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts
required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of
Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its
obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 21st day of July . 2025
MERCHANTS BONDING COMPANY (MUTUAL)
...... o'•. KiolVq ' •'N.....ti-
MERCHANTS NATIONAL BONDING, INC.
0'tiPoq 4F..
°��P'PPOR(� % •°'�FpR'i�', MERCHANTS NATIONAL INDEMNITY COMPANY
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1933 ;c$; �, 2003
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. ...........
STATE OF IOWA
COUNTY OF DALLAS ss.
On this 21st day of July 2025 before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS
NATIONAL INDEMNITY COMPANY; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the
said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors.
1P¢IA4 Penni Miller
z Commission Number787952
• • My Commission Expires
itrNA January 20, 2027 CR!�Y�
(Expiration of notary's commission Notary Public
does not invalidate this instrument)
I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and
MERCHANTS NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -
ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended orrevoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 14th day of October . 2025
o'016 co •F. e . ��p� ..... y•
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Secretary
POA 0018 (5/25)
City of Newnort Beach
CONCRETE REPLACEMENT PROGRAM FY 2025-26
Contract No. 9945-1
DESIGNATION OF SUBCONTRACTOR(S) - AFFIDAVIT
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 2.2300 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 subcontractors as listed
in the Bidder's electronic bid 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. Bidders must also include DIR registration numbers for each subcontractor.
CJ CONCRETE CONSTRUCTION, INC
Bidder J
E
PRESIDENT
Authorized Signature/Title
City of Newport Beach
CONCRETE REPLACEMENT PROGRAM FY 2025-26
Contract No. 9945-1
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidder's Name CJ CONCRETE CONSTRUCTION, INC.
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE.
For all public agency projects you have worked on (or are currently working on) in the past 2 years
in excess of $150,000, provide the following information:
No. 1
Project Name/Number
Project Description
ANNUAL CONCRETE REPAIR PROJECT
CONCRETE REPAIRS IN VARIOUS LOCATIONS
Approximate Construction Dates: From 08/2022 To: 10/2022
Agency Name
Contact Person
CITY OF MONTEBELLO
LUDWIG SMEETS
Telephone (7 14) 533-3050
Original Contract Amount $ 1,208,926.00 Final Contract Amount $ 1,483,554.15
If final amount is different from original, please explain (change orders, extra work, etc.)
EXTRA WORK ADDED TO THE PROJECT
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
NO
10
No. 2
Project Name/Number REHAB PHASE 1 ZONE 8
Project Description LOCAL STREET REHABILITATION
Approximate Construction Dates: From 09/2022 To: 10/2023
Anenry Name CITY OF NORWALK
Contact Person DAMIAN ROSALES Telephone (562) 929-5527
Original Contract Amount $ 1.213.9e7.00 Final Contract Amount $ 1, 204,623.15
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.
NONE
No. 3
Project Name/Number ON CALL MAINTENANCE
Project Description MAINTENANCE IN VARIOUS LOCATIONS
Approximate Construction Dates: From 10/2021 To: 06/2022
Anenry Name CITY OF IRVINE
Contact Person Telephone ( )
Original Contract Amount $ 528,037.50 Final Contract Amount $ 524,860.25
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
11
No. 4
b OMNIBUS CONCRETE REPAIRS
Project Name/Num ei
Project Description REPLACEMENT OF DAMAGE AND DETERIORATED CONCRETE SIDEWALK
Approximate Construction Dates: From 05/2023 To: 10/2023
Agency Name _
Contact Person
CITY CIF SANTA ANP
DANNY SWAIN Telephone ( ) DSWAIN@SANTA-ANA.ORG
Original Contract Amount $_ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
EXTRA WORK ADDED TO THE PROJECT
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
NO
No. 5
Project Name/Number ON -CALL ANNUAL CONCRETE IMRPOVEMENTS
Project Description CITYWIDE ANNUAL CONCRETE
Approximate Construction Dates: From 01 /2023
Agency Name CITY OF BELLFLOWER
Contact Person PHWANG Telephone (562) 804-1424
Original Contract Amount $2.417,50o.00Final Contract Amount $ 2,064,957.68
If final amount is different from original, please explain (change orders, extra work, etc.)
To:
12/2023
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
12
No. 6
Project Name/Number
Project Description
FY23/24 CDBG ADA RAMP REPLACEMENT
REMOVE & CONTRUSCT CURB RAMP SPPWC
Approximate Construction Dates: From
Agency Name
Contact Person
CITY OF LAKEWOOD
JASON BROWN
03/2022 To: 04/2024
Telephone (562) 908-6200
Original Contract Amount $192,000.00 Final Contract Amount $ 192,000.00
If final amount is different from original, please explain (change orders, extra work, etc.)
NONE
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
N/A
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on -site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the Contractor's current financial
conditions.
CJ CONCRETE CONSTRUCTION, INC PRESIDENT
Bidder Autho *zed Signature/Title
13
City of Newport Beach
CONCRETE REPLACEMENT PROGRAM FY 2025-26
Contract No. 9945-1
NON -COLLUSION AFFIDAVIT
State of California )
)SS,
County of LOS ANGELtD
JOHN C. SARNO being first duly sworn, deposes and says that he or she is
PRESIDENT of CJ CONCRETE CONSTRUCTION, INC. , the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party
making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else
to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly
or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder
or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,
or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or' her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct.
CJ CONCRETE CONSTRUCTION, INC PRESIDENT
Bidder Autliorized Signatureffitle
Subscribed and sworn to (or affirmed) before me on this2C�gay of Oe r , 2025
by J-Cjh(I C . 51U111'10 proved to me on the basis of
satisfactory evidence to be the person(s) who appeared before me.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
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14
My Commission Expires: 0.11. Z$
City of Newport Beach
CONCRETE REPLACEMENT PROGRAM FY 2025-26
Bidder's name
Contract No. 9945-1
DESIGNATION OF SURETIES
CJ CONCRETE CONSTRUCTION, INC.
Provide the names, addresses, and phone numbers for all brokers and sureties from
whom Bidder intends to procure insurance and bonds (list by insurance/bond type):
Constructors Bonding, Inc. / 7220 N 16th Street, BLDG K, Phoenix, AZ 85020 /
Phone (480) 878-4226
FEDERAL INSURANCE / P.O. BOX OWATONNA MN, 55060
(916)897-4514
BEHR INSRANCE SERVICES, INC / 1420 E. LOS ANGELES AVE, SIMI VALLEY, CA 93065
(888) 988-2347
15
City of Newport Beach
CONCRETE REPLACEMENT PROGRAM FY 2025-26
Contract No. 9945-1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name CJ CONCRETE CONSTRUCTION, INC.
Record Last Five (5) Full Years
Current Year of Record
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2024
2023
2022
2021
2020
Total
2025
No. of contracts
13
17
10
10
10
10
70
Total dollar
Amount of
Contracts (in
IOMM
30MM
20MM
14MM
IOMM
9MM
93MM
Thousands of $)
No. of fatalities
00
00
00
00
00
00
00
No. of lost
00
00
00
00
00
00
00
Workday Cases
No. of lost
workday cases
00
00
00
00
00
00
00
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.
16
Legal Business Name of Bidder CJ CONCRETE CONSTRUCTION, INC.
Business Address: 10142 SHOEMAKER AVE, SANTA FE SPRING, CA 90670
Business Tel. No.: (562)777-2222
State Contractor's License No. and
Classification: 720989-A
Entity Type: ienifer@cjinc.biz
The above information was compiled from the records that are available to me at this time
and I declare under penalty of perjury that the information is true and accurate within the
limitations of those records.
Signature of
bidder JOHN C. SARNO
Date
OCTOBER 13, 2025
Title
PRESIDENT
Signature of
bidder
JOHN C. SARNO
Date
OCTOBER 13, 2025
Title
VICE PRESIDENT
Signature of
bidder
JOHN C. SARNO
Date
OCTOBER 13, 2025
Title
SECRETARY
Signature of
bidder
_
Date
Title
Signature Requirements: If bidder is an individual, name and signature of individual
must be provided, if doing business under a fictitious name, the fictitious name must be
set fort along with the County. If bidder is a partnership or joint venture, legal name of
partnership/joint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the partnership/joint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of
the corporation. All must be acknowledged before a Notary Public, who must certify that
such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
(NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED]
17
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF 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 l cl i lfo rn I c-( }
County of Ancic
On m) '� before meAAC hel
l A I wnaz, NCI" fv 641
Cto meet rotas ann mio of teo • :ccai
personally appeared Q )'I i� SCt Y rl C�
who proved to me on the basis of satisfactory evidence to be the personfs}vhose
name( is/artssubscribed to the within instrument and acknowledged to me that
he/shel -executed the same in his/-her/theif-authorized capacityfies}, and that by
his/+•ief/their-signatur*- -en the instrument the person*, or the entity upon behalf of
which the person(s�ected, 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.
-t�.� � RACHELA. JIMENE
/� Notary Public • California
WITNESS my hand and official seal. �� Los Angeles County �
/ = r Commission # 2497267
rMy Comm. Expires Aug 11, 2028
tart' u igature (Notary Public Seal)
+— — INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INI-OKMA11.
OF THE ATTACHED DOCUMENT
vc
or descrlptlon
(rills, or description of attached docrnrrentoontinued) -
Number of Pages i Document Date l 20 J
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
t� Corporate O Icer
--'—(T IfleT
❑ Partner(s)
E3 Attomey-in-Fact
p Trustee(s)
rL3 Other
2015 Version v"vv+.NotaryClasses corn 800-873-9865
)N T his form complies evith current California statutes regarding rotary warding and,
if needed should be completed and artae ed to the document. Acknowledgments
from other states may be completed for docutnetits beingsent to that state so long
as rlie wording does not require the California notary to violate California notary
Inw.
• State and County informatioa must be the State and County where the document
sigaer(s) personally appeared before the notary public for acknowledgment-
• Date of notarization must be the dam that the sigrea(s) personally appeared which
must also be the same date the acknowledgment is completed,
• The notary public rust print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
Ime%shelfitey, is !we ) or circling the com-ct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression mmt be. clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the sigrature on file with the office of
the county cltrk.
-'o Additional information is not r'elnired but could help to eusiuc this
acknowledgment is not misused or attached to a different doctnnmt.
Indicate title or type o£anacbed document, number of pages and date -
Indicate the capacity claimed by the signer- if the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document with a staple.
City of Newport Beach
CONCRETE REPLACEMENT PROGRAM FY 2025-26
Bidder's name
Contract No. 9945-1
ACKNOWLEDGEMENT OF ADDENDA
CJ CONCRETE CONSTRUCTION, INC.
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
Addendum No. Date Received Signature
1
18
City of Newport Beach
CONCRETE REPLACEMENT PROGRAM FY 2025-26
Contract No. 9945-1
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:
Business Address
CORPORATION
10142 SHOEMAKER AVE, SANTA FE SPRINGS, CA 90670
Telephone and Fax Number:
(562) 777-2222
California State Contractor's License No. and Class:
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 04/18/1996 Expiration Date
720989 - A
04/30/2026
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:
HECTOR HERNANDEZ -SUPERINTENDENT
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
10142 SHOEMAKER AVENUE
JOHN C. SARNO
PRESIDENT
SANTA FE SPRINGS, CA 90670
(562)777-2222
10142 SHOEMAKER AVENUE
JOHN C SARNO
VICE PRESIDENT
SANTA FE SPRINGS, CA 90670
(562)777-2222
10142 SHOEMAKER AVENUE
JOHN C. SARNO
SECRETARY
SANTA FE SPRINGS, CA 90670
(562)777-2222
Corporation organized under the laws of the State of CALIFORNIA
19
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
NONE
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows:
NONE
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide:
Provide the names, addresses and telephone numbers of the parties;
NONE
Briefly summarize the parties' claims and defenses;
NONE
Have you ever had a contract terminated by the owner/agency? If so, explain.
NONE
Have you ever failed to complete a project? If so, explain. N/A
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
pill
Are any claims or actions unresolved or outstanding? Yes M
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.
CJ CONCRE CONSTRUCTION, INC
Bidder
JOHN C. SARNO
(Print name of Owner or President
of Cor orati n/Company)
PRESIDENT
Authoriz d Signatureffitle
PRESIDENT
Title
OCTOBER 13, 2025
Date
On OC �rZ&h i2r-2before me, ECIChCt A i1 M(►CZ , Notary Public, personally appeared
—y U ,] ( • SCf yylt) , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name* is/afe-subscribed to the within instrument and
acknowledged to me that he/%4e*t&y executed the same in hisA+e Ah4r authorized capacityfiee), and that
by his/herlthsixsignature(s}•on the instrumentthe person+ orthe entity upon behalf of which the persca 4)
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.
WITNES y hand and official seal.
Notary Public for said State
My Commission Expires: 0' 1126
(SEAL)
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21
Citv of Newport Beach
CONCRETE REPLACEMENT PROGRAM FY 2025-26
Contract No. 9945-1
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
0 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.
22
CONCRETE REPLACEMENT PROGRAM FY 2025-26
CONTRACT NO. 9945-1
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 18th day
of November, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH,
a California municipal corporation and charter city ("City"), and C J Concrete Construction,
Inc., a California corporation ("Contractor"), whose address is 10142 Shoemaker Ave,
Santa Fe Springs, CA 90670, 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 the following: Distributing
door hanger notifications; Placing "No Parking" signs and traffic control; Posting
tree removal signs; Saw cutting and removing concrete sidewalks, parkways,
driveways, access, ramps, cross gutters, curbs and gutters, Page SP 3 of 23;
Constructing new concrete sidewalks, parkways, driveways, access ramps, cross,
gutters, curbs and gutters (utilizing pump if necessary); Removing, shaving or
pruning tree roots, grading, clearing and grubbing; Removing existing curb inlet
decks and constructing new curb inlet decks with, new hardware (includes
adjusting manhole cover to grade); Removing trees, grinding stumps, root removal,
regrading and resodding of parkway landscaping as necessary; Patching areas of
concrete curb and gutter and sidewalk; Pumping concrete for improvements in
park areas; Restoring public and private improvements including damaged bricks,
walls, turf, grass, plants, and irrigation lines; Restoring survey markers damaged
or displaced by the work; Painting curb face and tops red where applicable;
Installing grass turf as necessary to match existing grass turf; Removing and
replacing utility boxes, valves, and cleanouts damaged or displaced by the work;
Providing temporary access during construction; And other incidental items to
complete work in place as required by the Contact Documents (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. 9945-1, Standard
Specifications for Public Works Construction (current adopted edition and all
supplements), and this Contract, and all modifications and amendments thereto
(collectively the "Contract Documents"), all of which are incorporated herein by reference.
The Contract Documents comprise the sole agreement between the parties as to the
subject matter therein. Any representations or agreements not specifically contained in
the Contract Documents are null and void. Any amendments must be made in writing,
and signed by both parties in the manner specified in the Contract Documents.
2. SCOPE OF WORK
Contractor shall perform everything required to be performed, and shall provide
and furnish all the labor, materials, necessary tools, expendable equipment and all utility
and transportation services required for the Project. All of the Work to be performed and
materials to be furnished shall be in strict accordance with the provisions of the Contract
Documents. Contractor is required to perform all activities, at no extra cost to City, which
are reasonably inferable from the Contract Documents as being necessary to produce
the intended results.
3. COMPENSATION
3.1 As full compensation for the performance and completion of the Project as
required by the Contract Documents, City shall pay to Contractor and Contractor accepts
as full payment the sum of Eight Hundred Fifteen Thousand Ten Dollars
($815,010.00).
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
C J Concrete Construction, Inc. Page 2
the term of the Contract. Contractor has designated John C Sarno 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.
6. NOTICE OF CLAIMS
6.1 Unless a shorter time is specified elsewhere in this Contract, before making
its final request for payment under the Contract Documents, Contractor shall submit to
City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in writing
and identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and City expressly agree that in addition to all claims filing
requirements set forth in the Contract and Contract Documents, Contractor shall be
required to file any claim Contractor may have against City in strict conformance with the
Government Claims Act (Government Code 900 et seq.).
6.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined
in Public Contract Code section 9204 or any successor statute thereto, Contractor shall
be required to file such claim with the City in strict conformance with the Government
Claims Act (Government Code sections 900 et seq.).
7. WRITTEN NOTICE
7.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Contract shall be given in writing, and
conclusively shall be deemed served when delivered personally, or on the third business
day after the deposit thereof in the United States mail, postage prepaid, first-class mail,
addressed as hereinafter provided.
C J Concrete Construction, Inc. Page 3
7.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attention: Director of Public Works
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: John C Sarno
C J Concrete Construction, Inc.
10142 Shoemaker Ave
Santa Fe Springs, CA 90670
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
Work, provided that Contractor is in compliance with the terms of this Contract. Anything
in this Contract that may appear to give City the right to direct Contractor as to the details
of the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the results of the Work.
9.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract both of the following: (1) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
this Contract in the form attached as Exhibit B and incorporated herein by reference; and
(2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%)
of the total amount to be paid Contractor as set forth in this Contract and in the form
attached as Exhibit A and incorporated herein by reference.
9.2 The Faithful Performance Bond and Labor and Materials Payment Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class
C J Concrete Construction, Inc. Page 4
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
Contractor 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 Contractor on the Project.
11. PROGRESS
Contractor 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 Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Contract, the services to be provided
under this Contract 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 Contractor, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture
or syndicate or co -tenancy, which shall result in changing the control of Contractor.
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
14.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Contract shall be paid to all workmen employed on the
Work to be done according to the Contract by the Contractor and any subcontractor. In
C J Concrete Construction, Inc. Page 5
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. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations, and the parties agree that the City shall not be liable for any violation thereof.
14.2 If both the Davis -Bacon Act and State of California prevailing wage laws
apply and the federal and state prevailing rate of per diem wages differ, Contractor and
subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem
wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport
Beach, California 92660, and are available to any interested party on request.
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
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.
C J Concrete Construction, Inc. Page 6
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.
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.
C J Concrete Construction, Inc. Page 7
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") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Contract, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. 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
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.
C J Concrete Construction, Inc. Page 8
20.2 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator.
20.3 Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
20.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
20.5 Interpretation. The terms of this Contract shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of the Contract or any other rule of construction which
might otherwise apply.
20.6 Amendments. This Contract may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City
Attorney.
20.7 Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
20.8 Controlling Law and Venue. The laws of the State of California shall govern
this Contract and all matters relating to it and any action brought relating to this Contract
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
20.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
20.10 No Attorneys 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.
C J Concrete Construction, Inc. Page 9
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]
C J Concrete Construction, Inc. Page 10
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 1211412S
By: By:
Aab4on C. Harp Joe St/PI
City Attorney Mayor
ATTEST:
Date: 12-10 2.5
By:
Lena Shumway
City Clerk
CONTRACTOR:
C J CONCRETE CONSTRUCTION, INC.,
a California corporation
Date:
Signed in Counterpart
By:
John C Sarno
Chief Executive Officer, Secretary
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
C J Concrete Construction, Inc. Page 11
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 11 /7/25
By, /
Aa#6n C. Harp
City Attorney
ATTEST:
Date:
Lena Shumway
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Joe Stapleton
Mayor
CONTRACTOR:
C J CONCRETE CONSTRUCTION, INC.,
a California corporation
Date: 9 20ZS
By:
Jo n C Sarno
Chief Executive Officer, Secretary
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
C J Concrete Construction, Inc. Page 11
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. 101593380
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to C J
Concrete Construction, Inc. hereinafter designated as the "Principal," a contract for The
work necessary for the completion of this contract consists of the following:
Distributing door hanger notifications; Placing "No Parking" signs and traffic control;
Posting tree removal signs; Saw cutting and removing concrete sidewalks, parkways,
driveways, access, ramps, cross gutters, curbs and gutters, Page SP 3 of 23;
Constructing new concrete sidewalks, parkways, driveways, access ramps, cross,
gutters, curbs and gutters (utilizing pump if necessary); Removing, shaving or pruning
tree roots, grading, clearing and grubbing; Removing existing curb inlet decks and
constructing new curb inlet decks with, new hardware (includes adjusting manhole cover
to grade); Removing trees, grinding stumps, root removal, regrading and resodding of
parkway landscaping as necessary; Patching areas of concrete curb and gutter and
sidewalk; Pumping concrete for improvements in park areas; Restoring public and private
improvements including damaged bricks, walls, turf, grass, plants, and irrigation lines;
Restoring survey markers damaged or displaced by the work; Painting curb face and tops
red where applicable; Installing grass turf as necessary to match existing grass turf;
Removing and replacing utility boxes, valves, and cleanouts damaged or displaced by the
work; Providing temporary access during construction; And other incidental items to
complete work in place as required by the Contact Documents, in the City of Newport
Beach, in strict conformity with the Contract on file with the office of the City Clerk of the
City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
Merchants Bonding Company (Mutual) duly authorized to
transact business under the laws of the State of California, as Surety, (referred to herein
as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Eight
Hundred Fifteen Thousand Ten Dollars ($815,010.00) 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
C J Concrete Construction, Inc, Page A-1
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.
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 7th day of November 2025 .
CJ Concrete Construction, Inc.
Name of Contractor (Principal)
Merchants Bonding Company (Mutual)
Name of Surety
P.O. Box 14498
Des Moines, IA 50306
Address of Surety
1-800-678-8171
Telephone
AutHorized Signature/Title
Authorized Agent Signature
Ted H Rarrick , Attorney -in -fact
Print Name and Title
(Corporate Seal)
C J Concrete Construction, Inc. Page A-2
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: L4
By:_WA 9 . �)
A r n Harp
Cko Attorney
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
C J Concrete Construction, Inc. Page A-3
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 10-S SS.
On WO&IMbur 202E before me, PGGhA
Notary Public, personally appeared 771ri C - 5r-1 Yh U -
who proved to me on the basis of satisfactory evidence to be the person(s-rwhose name(-s) is/4%
subscribed to the within instrument and acknowledged to me that he4e-�eflheq- ecuted the same
in hisAierftftetrauthorized capacityoee- and that by his44e4AJP� signatures(s-) n the instrument
the persora,;s r the entity upon behalf of which the pers&" 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.
Signatu
*my
RACHELA. JIMENEZNotary Public - California
_Los Angeles County
Commission # 2497267
Comm. Expires Aug 11, 2028 +
(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 16-S lL ss.
On wgyc r w i 20'15'- before me, gnthe I A- Ji!)' en icZ , Noei1
Notary Public, personally appeared TOM G- SSgV" O
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.
NE m h nd and official seal.
SI i
y�• ��T RACHELA. JIMENEZ
Notary Public - California
- Los Angeles County
° Commission k 2497267
.,:: •a`* u„ r — Pvnirac Aua 11. 2028
(seal)
C J Concrete Construction, Inc. Page A-4
Nb) ik—
State of Arizona
County of Maricopa
On this 7ch day of November 2025 before me
personally appeared Ted H. Rarrick
personally known to me or proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the foregoing instrument and acknowledged to me that
he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the
instrument.
Y
Notary Public
Melanie Ankeney
My Commission Expires:
July 12, 2027
o4S�tE ST f, Melanie Ankeney
Notary Public - ARIZONA
MARICOPA COUNTY
Commission No. 649464
' F 19 My Commission Expires 0711212027
MERCHANTS
BONDING COMPANYT.
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa, and MERCHANTS NATIONAL INDEMNITY COMPANY , an assumed name of Merchants
National Bonding, Inc., (herein collectively called the "Companies") do hereby make, constitute and appoint, individually,
Brandon McKee; Brian R Sawyer; Chrystal Hedges; David J McKee; Jennifer Castillo; Jennifer Grenrood; Joseph A Clarken III; Matthew Grenrood;
Melanie Ankeney; Patrick R Hedges; Raymond Klucznik; Ted H Rarrick
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons,
guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or
proceedings allowed by law.
This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the By -Laws adopted by the Board of Directors of
the Companies.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship o obligations of the
Company, and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts
required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of
Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its
obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 21st day of July , 2025
MERCHANTS BONDING COMPANY (MUTUAL)
OpNO(',PD%Q9 ,•�PspoR�ep; ;p,��°NF q•°F'yy; MERCHANTS NATIONAL INDEMNITY COMPANY
may: •VO q� ZA, ?NCO ., a •4j�••Z y ' GP 't'i'1' •;,
oi3• c¢iZ -o- O:�' :Z'
1933 `cam: ? �': 2003%a !
•� d. •d `; •d aBy
•
STATE OF IOWA
COUNTY OF DALLAS ss.
On this 21st day of July 2025 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS
NATIONAL INDEMNITY COMPANY; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the
said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors.
h7RIA461 Penni Miller
o _ Commission Number 787952 Qa���
•• My Commission Expires
IOWA January 20, 2027
(Expiration of notary's commission Notary Public
does not invalidate this instrument)
I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and
MERCHANTS NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -
ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 7th day of November 2025
•��VR � 9A9 • ...........
OReO : PNF tiFy tl(
1933 :`$� �': 2003 Secretary
POA 0018 (5/25)
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. 101593380
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Newport Beach, (hereinafter referred to as "City")
has awarded to C J Concrete Construction, Inc., (hereinafter referred to as the
"Contractor") an agreement for the work necessary for the completion of this contract
consists of the following: Distributing door hanger notifications; Placing "No Parking" signs
and traffic control; Posting tree removal signs; Saw cutting and removing concrete
sidewalks, parkways, driveways, access, ramps, cross gutters, curbs and gutters, Page
SP 3 of 23; Constructing new concrete sidewalks, parkways, driveways, access ramps,
cross, gutters, curbs and gutters (utilizing pump if necessary); Removing, shaving or
pruning tree roots, grading, clearing and grubbing; Removing existing curb inlet decks
and constructing new curb inlet decks with, new hardware (includes adjusting manhole
cover to grade); Removing trees, grinding stumps, root removal, regrading and resodding
of parkway landscaping as necessary; Patching areas of concrete curb and gutter and
sidewalk; Pumping concrete for improvements in park areas; Restoring public and private
improvements including damaged bricks, walls, turf, grass, plants, and irrigation lines;
Restoring survey markers damaged or displaced by the work; Painting curb face and tops
red where applicable; Installing grass turf as necessary to match existing grass turf;
Removing and replacing utility boxes, valves, and cleanouts damaged or displaced by the
work; Providing temporary access during construction; And other incidental items to
complete work in place as required by the Contact Documents (hereinafter referred to as
the "Project').
WHEREAS, the work to be performed by the Contractor is more particularly set
forth in the Contract Documents for the Project dated November 18, 2025, (hereinafter
referred to as "Contract Documents"), the terms and conditions of which are expressly
incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the
terms thereof and to furnish a bond for the faithful performance of said Contract
Documents.
NOW, THEREFORE, we, the undersigned Contractor and
Merchants Bonding Company (Mutual) as Surety, a corporation
organized and duly authorized to transact business under the laws of the State of
California, are held and firmly bound unto the City in the sum of Eight Hundred Fifteen
Thousand Ten Dollars ($815,010.00), said sum being not less than one hundred percent
(100%) of the total amount of the Contract, for which amount well and truly to be made,
we bind ourselves, our heirs, executors and administrators, successors and assigns,
jointly and severally, firmly by these presents.
C J Concrete Construction, Inc. Page B-1
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, their or
its heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the 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 their intent and meaning; and shall faithfully fulfill all obligations
including the one (1) year guarantee of all materials and workmanship; and shall
indemnify and save harmless the City, their respective officials, officers, employees, and
authorized volunteers, as stipulated in said Contract Documents, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses and fees
including reasonable attorney's fees, incurred by City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents,
unless otherwise provided for in the Contract Documents, the above obligation shall hold
good for a period of one (1) year after the acceptance of the work by City, during which
time if Contractor shall fail to make full, complete, and satisfactory repair and
replacements and totally protect the City from loss or damage resulting from or caused
by defective materials or faulty workmanship. The obligations of Surety hereunder shall
continue so long as any obligation of Contractor remains. Nothing herein shall limit the
City's rights or the Contractor or Surety's obligations under the Contract, law or equity,
including, but not limited to, California Code of Civil Procedure Section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under
the Contract Documents, the Surety shall remedy the default pursuant to the Contract
Documents, or shall promptly, at the City's option:
Take over and complete the Project in accordance with all terms and
conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms
and conditions in the Contract Documents and upon determination by
Surety of the lowest responsive and responsible bidder, arrange for a
Contract between such bidder, the Surety and the City, and make available
as work progresses sufficient funds to pay the cost of completion of the
Project, less the balance of the contract price, including other costs and
damages for which Surety may be liable. The term "balance of the contract
price" as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less
any amount previously paid by the City to the Contractor and any other set
offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with
California law and make available as work progresses sufficient funds to
pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable.
The term "balance of the contract price" as used in this paragraph shall
C J Concrete Construction, Inc. Page B-2
mean the total amount payable to Contractor by the City under the Contract
and any modification thereto, less any amount previously paid by the City
to the Contractor and any other set offs pursuant to the Contract
Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor
which may be proposed by Surety in fulfillment of its obligations in the event of default by
the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept
a bid from Contractor for completion of the Project if the City, when declaring the
Contractor in default, notifies Surety of the City's objection to Contractor's further
participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the Contract Documents or to the Project 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, alteration or addition to the
terms of the Contract Documents or to the Project.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 7th day of November 12025 .
CJ Concrete Construction, Inc.
Name of Contractor (Principal)
Merchants Bonding Company (Mutual)
Name of Surety
P.O. Box 14498
Des Moines, IA 50306
Address of Surety
1-800-678-8171
Telephone
(Attach Attorney -in -Fact Certificate)
Auth rized Signature/Title
Attorney -in -Fact
Ted H Rarrick , Attorney -in -fact
Print Name and Title
(Corporate Seal)
The rate of premium on this bond is$13.20/$8.80/$6.1 Per thousand. The total amount of
premium charges is $ 6,780
(The above must be filled in by corporate attorney.)
Any claims under this bond may be addressed to:
(Name and Address of Surety or Joseph A Clarken. III / Non -Resident Agent
Agent for Service in California) 1778 Cable Street,San Diego, CA 92107
C J Concrete Construction, Inc. Page B-3
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 I n3 Iss. v
On NChlCV1'r ��'�i 20�$ before me,ygjbel A, < )fmZnty— � �blk-
Notary Public, personally appeared -:IUhfl ( = Sam u ,
who proved to me on the basis of satisfactory evidence to be the person►(-eywhose namefstis/afe-
subscribed to the within instrument and acknowledged to me that he%� executed the same
in his/t e+P-authorized capacity( @6-- and that by his4t--��gnatureefs}-on the instrument
the persoa(e- -or the entity upon behalf of which the persops( cted, 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
°Fry RACHELA. JIMENE2
a �" Notary Public • California Z
z m Los Angeles County f.
�` Commission N 2497267
`'� "� My Comm, Expires Aug 11, 2b28
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.
(seal)
State of California
County of los :! Y k; Iss. i *ri
On �.1�Iem , K 202_� before me, TCC4 1 -;�'` I�i( )MCZ � t4'ji.,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the persona 4 whose names -is/aye
subscribed to the within instrument and acknowledged to me that he/.4e4ftey executed the same
in hisA4eHtht&—authorized capacityoesj, and that by hisHeFAhei; signatu &&(-& -on the instrument
the persar-i{s�j, or the entity upon behalf of which the persc p#4 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 m nd and official seal. 16my
ry ubliEL JIMENoZ
Notary Public -CaliforniaLos Angeles County
Commission # 2497267
Comm, Expires Aug i t 2028
Sig1t
C J Concrete Construction, Inc. Page B-5
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 1l/
By: �) � W (L)
on CHarp Vj1.2b 25
y Attorneys
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
C J Concrete Construction, Inc. Page B-4
State of
Arizona
County of Maricopa
On this Th day of November 2025 before me
personally appeared Ted H. Rarrick
personally known to me or proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the foregoing instrument and acknowledged to me that
he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the
instrument.
By:
Notary Public
Melanie Ankeney
My Commission Expires:
July 12, 2027
Femy
Melanie Ankeney
Notary Public-ARIZONAMARICOPA COUNTY
Commission No. 649464 Commission Expires 07/12/2p27
MERCHANTS
q �k
BONDING COMPANY,,
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa, and MERCHANTS NATIONAL INDEMNITY COMPANY, an assumed name of Merchants
National Bonding, Inc., (herein collectively called the "Companies") do hereby make, constitute and appoint, individually,
Brandon McKee; Brian R Sawyer; Chrystal Hedges; David J McKee; Jennifer Castillo; Jennifer Grenrood; Joseph A Clarken III; Matthew Grenrood;
Melanie Ankeney; Patrick R Hedges; Raymond Klucznik; Ted H Rarrick
their true and lawful Attorneys) -in -Fact, to sign its name as surety(!es) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons,
guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or
proceedings allowed by law.
This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the By -Laws adopted by the Board of Directors of
the Companies.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship o obligations of the
Company, and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts
required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of
Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its
obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 21st day of July . 2025
MERCHANTS BONDING COMPANY (MUTUAL)
-:04a CpMA •••,�P�10Nq� e•• �`�.1 � MERCHANTS NATIONAL BONDING, INC.
pPo:may G0,ppo., pZ� \\FOR��;y� MERCHANTS NATIONAL INDEMNITY COMPANY
1933c : esi : 2003 :10:• v\ D
..........
By
STATE OF IOWA
COUNTY OF DALLAS ss
On this 21st day of July 2025 before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS
NATIONAL INDEMNITY COMPANY; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the
said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors.
kP9,IA4S Penn! Miller
z Commission Number 787952
• • My Commission Expires
iowA January 20, 2027
(Expiration of notary's commission Notary Public
does not invalidate this instrument)
I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and
MERCHANTS NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -
ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 7th day of November 2025 -
bQO`P�gMO�• �•�Pt,POq�e•' : P\FOR,; . W/
1933 :`� °_`• 'Z• % Secretary
v 2003 : c�; •• .,
•.�`/� .. : ��.• 'sd�i... .��`,.• •.dam ••..
POA 0018 (5/25)
EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
Provision of Insurance. Without limiting Contractor's indemnification of City,
and prior to commencement of Work, Contractor shall obtain, provide and
maintain at its own expense during the term of this Contract, policies of
insurance of the type and amounts described below and in a form satisfactory
to City. Contractor agrees to provide insurance in accordance with
requirements set forth here. If Contractor uses existing coverage to comply and
that coverage does not meet these requirements, Contractor agrees to amend,
supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee for bodily injury by accident and each employee for
bodily injury by disease in accordance with the laws of the State of
California. 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 City Council, boards and
commissions, officers, agents, volunteers, employees, and any person
or entity owning or otherwise in legal control of the property upon which
Contractor performs the Project and/or Services contemplated by this
Contract. Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its City
Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control
of the property upon which Contractor performs the Project and/or
Services contemplated by this Contract.
B. General Liability Insurance. Contractor shall maintain commercial
general liability insurance, and if necessary excess/umbrella liability
insurance, with coverage at least as broad as provided by Insurance
C J Concrete Construction, Inc. Page C-1
Services Office form CG 00 01, in an amount not less than two million
dollars ($2,000,000) per occurrence, four million dollars ($4,000,000)
general aggregate and four million dollars ($4,000,000) completed
operations aggregate. The policy shall cover liability arising from bodily
injury, property damage, products -completed operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
Contractor shall submit to City, along with a certificate of insurance,
additional coverage as stated in Section 4. Other Insurance
Requirements.
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.
Contractor shall submit to City, along with a certificate of insurance,
additional coverage as stated in Section 4. Other Insurance
Requirements.
D. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract,
then said policies shall be "following form" of the underlying policy
coverage, terms, conditions, and provisions and shall meet all of the
insurance requirements stated in this contract, including, but not limited
to, the additional insured and primary & non-contributory insurance
requirements stated herein. No insurance policies maintained by the
City, whether primary or excess, and which also apply to a loss covered
hereunder, shall be called upon to contribute to a loss until the
Contractor's primary and excess/umbrella liability policies are
exhausted.
Contractor shall submit to City, along with a certificate of insurance,
additional coverage as stated in Section 4. Other Insurance
Requirements.
E. Pollution Liability Insurance. Contractor shall maintain a policy providing
contractor's pollution liability ("CPL") coverage with a total limit of liability
of no less than five million dollars ($5,000,000) per loss and five million
dollars ($5,000,000) in the aggregate per policy period. Claims -made
policies require a 10-year extended reporting period. The CPL policy
shall include coverage for cleanup costs, third -party bodily injury and
C J Concrete Construction, Inc. Page C-2
property damage, including loss of use of damaged property or of
property that has not been physically injured or destroyed, resulting from
pollution conditions caused by contracting operations. Coverage as
required in this paragraph shall apply to sudden and non -sudden
pollution conditions resulting from the escape or release of smoke,
vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste
materials, or other irritants, contaminants, or pollutants. The CPL shall
also provide coverage for transportation and off -Site disposal of
materials. The policy shall not contain any provision or exclusion
(including any so-called "insured versus insured" exclusion or "cross -
liability" exclusion) the effect of which would be to prevent, bar, or
otherwise preclude any insured or additional insured under the policy
from making a claim which would otherwise be covered by such policy
on the grounds that the claim is brought by an insured or additional
insured against an insured or additional insured under the policy.
Contractor shall submit to City, along with a certificate of insurance,
additional coverage as stated in Section 4. Other Insurance
Requirements.
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 of City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in
legal control of the property upon which Contractor performs the Project
and/or Services contemplated by this Contract 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,
excess/umbrella liability, pollution, and automobile liability, if required,
shall provide or be endorsed to provide that City, its City Council, boards
and commissions, officers, agents, volunteers, employees, and any
person or entity owning or otherwise in legal control of the property upon
which Contractor performs the Project and/or Services contemplated by
this Contract shall be included as additional insureds under such
policies.
C. Primary and Non Contributory. Contractor's insurance coverage shall
be primary insurance and/or the primary source of recovery with respect
C J Concrete Construction, Inc. Page C-3
to City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in
legal control of the property upon which Contractor performs the Project
and/or Services contemplated by this Contract. 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 quired coverage except Builders Risk Insurance, which shall
contain an endorsement with said required notices.
E. Subcontractors. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13. Limits of liability for General Liability 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.
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 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. The certificates and
endorsements for each insurance policy shall be signed by a person
authorized by that insurer to bind coverage on its behalf. At least fifteen
(15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written
notice of such cancellation or reduction of coverage, file with the City
evidence of insurance showing that the required insurance has been
reinstated or has been provided through another insurance company or
companies. City reserves the right to require complete, certified copies
C J Concrete Construction, Inc. Page C-4
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,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no
additional obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Exhibit A are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits
maintained by the Contractor. Any available proceeds in excess of
specified minimum limits of insurance and coverage shall be available
to the City.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use
any self -insured retentions on any portion of the insurance required
herein and further agrees that it will not allow any indemnifying party to
self -insure its obligations to City. If Contractor's existing coverage
includes a 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
C J Concrete Construction, Inc. Page C-5
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.
K. Maintenance of General Liability Coverage. Contractor agrees to
maintain commercial general liability coverage for a period of ten (10)
years after completion of the Project or to obtain coverage for completed
operations liability for an equivalent period.
C J Concrete Construction, Inc. Page C-6
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City of Newport Beach
CONCRETE REPLACEMENT PROGRAM FY 2025-26
Contract No. 9945-1
PROPOSAL
(Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids.
Contractor shall sign the below acknowledgement)
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Councilmembers:
The undersigned declares that the Contractor 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. 9945-1 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:
OCTOBER 13, 2025
Date
(562)777-2222
Bidder's Telephone and Fax Numbers
720989 - A
Bidder's License No(s).
and Classification(s)
100 000 2154
DIR Registration Number
CJ CONCRETE CONSTRUCTION, INC.
Bidder's email address: jenifer@cjinc.biz
MIN
Bidder
PRESIDENT
Bidder's lAuthorized Signature and Title
10142 Shoemaker Ave, Santa Fe Springs, CA 90670
Bidder's Address
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
CONCRETE REPLACEMENT PROGRAM FY 2025-26
PROJECT NO. 26R06
CONTRACT NO. 9945-1
PART 1 - GENERAL PROVISIONS
1
SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1
1-2 TERMS AND DEFINITIONS 1
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
2-3 SUBCONTRACTS
2-3.1 General
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
2-6 WORK TO BE DONE
2-9 SURVEYING
2-9.1 Permanent Survey Markers
2-9.2 Survey Service
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.3 Markup
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
SECTION 5 - UTILITIES
5-1 LOCATION
5-1.1 General
5-2 PROTECTION
5-4 RELOCATION
2
2
2
2
2
2
2
3
3
4
4
4
4
4
4
5
5
5
5
5
5
5
6
6
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6
6-1.1 Construction Schedule 6
6-7 TIME OF COMPLETION 7
6-7.1 General 7
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 8
6-9 LIQUIDATED DAMAGES 8
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
9
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
9
7-1.2 Temporary Utility Services
9
7-2 LABOR
9
7-2.2 Prevailing Wages
9
7-4 REMOVAL AND DISPOSAL OF MATERIAL
9
7-8 WORK SITE MAINTENANCE
9
7-8.1 General
9
7-8.4 Storage of Equipment and Materials
10
7-8.4.2 Storage in Public Streets
10
7-8.6 Water Pollution Control
10
7-8.6.2 Best Management Practices (BMPs)
10
7-10 SAFETY
10
7-10.3 Haul Routes
10
7-10.4 Safety
11
7-10.4.1 Work Site Safety
11
7-10.5 Security and Protective Devices
11
7-10.5.3 Steel Plate Covers
11
SECTION 9 - MEASUREMENT AND PAYMENT
11
9-2 LUMP SUM WORK
11
9-3 PAYMENT
11
9-3.1 General
11
9-3.2 Partial and Final Payment.
15
PART 2 - CONSTRUCTION MATERIALS
15
SECTION 200 — ROCK MATERIALS
15
200-2 UNTREATED BASE MATERIALS
15
200-2.1 General
15
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
15
201-1 PORTLAND CEMENT CONCRETE
15
201-1.1 Requirements
15
201-1.1.2 Concrete Specified by Class and Alternate Class
15
201-2 REINFORCEMENT FOR CONCRETE
16
201-2.2 Steel Reinforcement
16
201-2.2.1 Reinforcing Steel
16
SECTION 203 — BITUMINOUS MATERIALS
16
203-6 ASPHALT CONCRETE
16
203-6.5 Type III Asphalt Concrete Mixtures
16
SECTION 214 —TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS
16
214-4 PAINT FOR STRIPING AND MARKINGS
16
214-4.1 General
16
214-6 PAVEMENT MARKERS
16
SECTION 215 -TRAFFIC SIGNS
16
PART 3 - CONSTRUCTION METHODS
17
SECTION 300 - EARTHWORK
17
300-1 CLEARING AND GRUBBING
17
300-1.3 Removal and Disposal of Materials
17
300-1.3.1 General
17
300-1.3.2 Requirements
17
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
18
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND
DRIVEWAYS
18
303-5.1 Requirements
18
303-5.1.1 General
18
303-5.S Finishing
19
303-5.5.2 Curb
19
303-7 COLORED CONCRETE
19
303-7.1 General
19
SECTION 315 -TRAFFIC SIGN INSTALLATION 19
PART 6 - TEMPORARY TRAFFIC CONTROL 20
SECTION 600 - ACCESS
20
600-1 GENERAL
20
600-2 VEHICULAR ACCESS
20
600-3 PEDESTRIAN ACCESS
21
SECTION 601— WORK AREA TRAFFIC CONTROL
21
601-1 GENERAL
21
601-2 TRAFFIC CONTROL PLAN (TCP)
21
PART 8 - LANDSCAPING AND IRRIGATION
22
SECTION 801 - INSTALLATION
22
801-1 GENERAL
22
CITY OF NEWPORT BEACH ��`�L A. JO��
PUBLIC WORKS DEPARTMENT
723
SPECIAL PROVISIONS �7 No. 6 30-
Exp. 06-30-27
CONCRETE REPLACEMENT PROGRAM FY 2025-26
PROJECT NO. 26R06
CONTRACT NO. 9945-1
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Streets Work Schedule in Appendix A; (3) the
Parks Work Schedule in Appendix B; (4) the Tree Removal/Maybe List in Appendix C;
(5) the City's Design Criteria and Standard Drawings for Public Works Construction,
(2021 Edition); and (6) the Standard Specifications for Public Works Construction (2015
Edition) including supplements. The City's Design Criteria and Standard Drawings for
Public Works Construction are available at the following website:
https://www.newportbeachca.gov/government/departments/public-
w o rks/res o u rce s/sta n d a rd-d raw i n g s
Copies of the Standard Specifications for Public Works Construction may be purchased
online at www.bnibooks.com/products/standard-specifications-public-works-construction
or call 888-BNI BOOK (888-264-2665).
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated
hereinafter:
PART 1 - GENERAL PROVISIONS
SECTION 1 —TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND
SYMBOLS
1-2 TERMS AND DEFINITIONS
Add the following definition:
City — City of Newport Beach
Page SP 1 of 23
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
At the time of the award and until completion of work, the Contractor shall possess a
Class "A" or "C-8" license. At the start of work and until completion of work, the
Contractor and all Subcontractors shall possess a valid Business License issued by the
C ity.
The Contractor is required to demonstrate their experience and ability to complete
similar concrete improvement projects for public agencies and shall have been engaged
in similar concrete replacement projects for public agencies for a period of not less than
five (5) years. As part of the Contractor's Technical Ability and Experience References,
the Contractor must provide, at a minimum, five reference projects that demonstrate the
successful completion of similar projects. The minimum total for the combined five
reference projects shall be 10,000 Linear Feet (LF) of concrete curb and gutter
replacement and 50,000 Square Feet (SF) of concrete sidewalk replacement within the
public right-of-way.
2-3 SUBCONTRACTS
2-3.1 General
The Contractor shall list a California Licensed Land Surveyor as a subcontractor, who
will be performing all surveying tasks. The Contractor shall also list an ISA Certified
Arborist as a subcontractor, who will be performing all work related to tree root pruning
and shaving. A copy of the ISA Certified Arborist's credentials must be included as part
of the Contractor's bid package. Failure to list the Surveyor or Arborist may result in the
Contractor being deemed non -responsive.
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
If there is a conflict or discrepancy between different Contract Documents, the more
stringent requirement as determined by the Engineer shall control.
2-6 WORK TO BE DONE
The work necessary for the completion of this contract consists of the following:
• Distributing door hanger notifications
• Placing "No Parking" signs and traffic control
• Posting tree removal signs
• Saw cutting and removing concrete sidewalks, parkways, driveways, access
ramps, cross gutters, curbs and gutters
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• Constructing new concrete sidewalks, parkways, driveways, access ramps, cross
gutters, curbs and gutters (utilizing pump if necessary)
• Removing, shaving or pruning tree roots, grading, clearing and grubbing
• Removing existing curb inlet decks and constructing new curb inlet decks with
new hardware (includes adjusting manhole cover to grade)
• Removing trees, grinding stumps, root removal, regrading and resodding of
parkway landscaping as necessary
• Patching areas of concrete curb and gutter and sidewalk
• Pumping concrete for improvements in park areas
• Restoring public and private improvements including damaged bricks, walls, turf,
grass, plants, and irrigation lines
• Restoring survey markers damaged or displaced by the work
• Painting curb face and tops red where applicable
• Installing grass turf as necessary to match existing grass turf
• Removing and replacing utility boxes, valves, and cleanouts damaged or
displaced by the work
• Providing temporary access during construction
• And other incidental items to complete work in place as required by the Contact
Documents
2-9 SURVEYING
2-9.1 Permanent Survey Markers
Delete the second paragraph and replace with the following: The Contractor shall
submit to the Engineer, a minimum of 7 days prior to the start of work, a list of
controlling survey monuments and markers which may be disturbed. The Contractor
shall:
a) set survey points outside the affected work area that reference and locate each
controlling survey monument that may be disturbed,
b) file a Corner Record or Record of Survey with the County Surveyor after setting
the survey points to be used for re-establishment of the disturbed controlling
survey monuments, and
c) file a Corner Record or Record of Survey with the County Surveyor after
reestablishment of the disturbed (permanent) controlling survey monuments.
The Contractor shall protect all survey monuments during construction operations. In
the event that existing survey monuments are removed or otherwise disturbed during
the course of work, the Contractor shall restore the affected survey monuments at his
sole expense. The Contractor's Licensed Surveyor shall file the required Corner Record
or Record of Survey with the County Surveyor 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.
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2-9.2 Survey Service
Delete this section and replace with the following: The Contractor's California Licensed
Land Surveyor shall utilize/follow the existing City survey records used for the project
design to provide all construction survey services that are required to construct the
improvements.
The Contractor shall provide survey for all cross gutter and curb and gutter work to
confirm positive drainage can be achieved, prior to starting work. If positive drainage
cannot be achieved, the Contractor shall notify the Engineer in writing. Additionally,
survey shall be provided for all cross gutters, gutter spandrels, driveway approaches,
and alley approaches where the grade is less than or equal to 0.2 percent to confirm
positive drainage can be achieved within the replacement limits, prior to starting work.
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.2.3 Tool and Equipment Rental
Tool and equipment rental rates shall be based on the current Caltrans rental rates.
3-3.2.3 Markup
3-3.2.3.1 Work by the Contractor
Delete this section and replace with the following: The following percentages shall be
added to the Contractor's costs and shall constitute the markup for all overhead and
profit:
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 in this subsection, one (1) percent may
be added as compensation for bonding.
3-3.2.3.2 Work by a Subcontractor
Delete this section and replace with the following: When all or any part of the extra work
is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be
applied by the Subcontractor to the actual costs and shall constitute the markup for all
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overhead and profit. An additional markup of five (5) percent of the total subcontracted
cost may be added by the Contractor.
To the sum of the costs and markups provided in this subsection, one (1) percent may
be added as compensation for bonding.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
All material and articles furnished by the Contractor shall be subject to rigid inspection,
and no material or article shall be used until it has been inspected and accepted by the
Engineer. The Contractor shall furnish the Engineer with full information as to the
progress of the work in its various parts and shall give the Engineer timely (48-hours
minimum) notice of the Contractor's readiness for inspection. Submittals are required
for all construction material.
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Special Provisions and these Special
Provisions. When, in the opinion of the Engineer, additional tests and retesting due to
failed tests or inspections are required because of unsatisfactory results in the manner
in which the Contractor executed the work, such tests and inspections shall be paid for
by the Contractor.
SECTION 5 - UTILITIES
5-1 LOCATION
5-1.1 General
The Contractor is responsible for, and shall at his or her expense, pothole all existing
utilities which may be affected by the work to verify points of connection and potential
conflicts. No work shall begin until the Contractor has potholed and verified points of
connection and related connection material requirements and coordinated the
final/existing layout of the laterals/pipeline with the Engineer, including adjustments due
to field conflicts with other utilities or structures above or below ground.
Within seven (7) calendar days after completion of the work or phase of work, the
Contractor shall remove all USA utility markings. Removal by sandblasting is not
allowed. Any surface damaged by the removal effort shall be repaired to its pre -
construction condition or better at the Contractor's expense.
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5-2 PROTECTION
In the event that an existing pull box, meter box or any other utility box is damaged by
the Work and is not re -useable, the Contractor shall provide and install a new
replacement pull box, meter box or any other utility box of identical type and size at no
additional cost to the City.
5-4 RELOCATION
All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes
and survey monument boxes (collectively known as "utility boxes") which are affected
by the Work shall be replaced to finish grade with new utility boxes.
The Contractor will be required to contact Southern California Edison, The Gas
Company, cable television companies, telecommunication companies and any other
utility companies 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. The Contractor shall provide
the necessary survey control for all utility companies to adjust boxes and vaults to the
final grade. The Contractor will be required to coordinate with these companies for
inspection of the work.
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
6-1.1 Construction Schedule
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 baseline schedule to the Engineer for approval
a minimum of five working days prior to the pre -construction meeting.
The Engineer will review the baseline 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 baseline schedule, the Contractor shall be prohibited from starting
additional work until Contractor has exerted extra effort to meet the baseline schedule and
has demonstrated the ability to maintain the 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.
Contractor shall update the schedule periodically or as directed by the Engineer to reflect
any delay or extension of time. In addition, Contractor shall prepare 2-week look -ahead
schedules on a bi-weekly basis with detailed daily activities.
Before pruning tree roots, the Contractor's ISA Certified Arborist shall provide an
assessment of the tree along with written documentation (reporting) indicating tree root
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pruning can be performed without future tree damage. The Work Schedules provided in
the Appendices shall be used by the Contractor's ISA Certified Arborist to determine the
trees requiring arborist inspection and reporting. Concrete work around trees shall be
scheduled with the Contractor's Arborist for review during concrete removal to finish
inspection before root pruning. The Contractor's Arborist cannot provide an explicit
recommendation or request for tree removal. The Contractor shall obtain written
approval from the Engineer to perform root pruning or tree removal work. Prior to work
near trees, the Contractor and Contractor's Arborist shall arrange to meet with the City's
Arborist, Mr. John Nelson, at (949) 644-3197 at the site to discuss City standards and
requirements at these locations.
The City's review time may take up to ten working days. Upon review, the Engineer will
provide instructions to the Contractor regarding each tree's disposition. Trees slated for
removal will be paid at the contract bid price. Working days will not be added to
contract time for the City's review.
For all tree removals, the Contractor shall post a tree removal notification sign on the
subject tree a minimum of 14 calendar days prior to removal. Tree removal signs shall
be provided by the City Arborist. The Contractor shall be responsible for coordinating
with the City Arborist to procure and post the tree removal signage.
Special scheduling is required for all work that will impact schools in the project area.
These schools are Corona Del Mar High School, Eastbluff Elementary School, and Our
Lady Queen of Angels Catholic School (private). Work adjacent to these schools
(including work on adjacent streets) must be scheduled during school holidays: December
22-23, January 2, February 16-20, or April 6-10.
6-7 TIME OF COMPLETION
6-7.1 General
The Contractor shall complete all work under the Contract within 60 consecutive
working days after the date on the Notice to Proceed. The Contractor shall ensure the
availability and delivery of all material prior to the start of work. Unavailability of material
will not be sufficient reason to grant the Contractor an extension of time. Unless
otherwise approved by the Engineer, construction shall start on December 1, 2025.
Normal working hours are limited from 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., outside of working hours.
Should the Contractor elect to work outside normal working hours, the 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 6:00 p.m. on Saturdays only. A request for
working outside the normal working hours must be made at least 72 hours in advance of
the desired time period. A separate request must be made for each work shift. The
Engineer reserves the right to deny any or all such requests. Additionally, the
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Contractor shall pay for supplemental inspection costs of $146 per hour when such time
periods are approved.
The following days are designated City holidays and are non -working days:
1. January 1st (New Year's Day)
2. Third Monday in January (Martin Luther King Day)
3. Third Monday in February (President's Day)
4. Last Monday in May (Memorial Day)
5. July 4th (Independence Day)
6. First Monday in September (Labor Day)
7. November 11 th (Veterans Day)
8. Fourth Thursday and Friday in November (Thanksgiving and Friday after)
9. December 24th, (Christmas Eve)
10. December 25th (Christmas)
11. December 26th thru 30th (City Office Closure)
12. December 31 st (New Year's Eve)
If the holiday falls on a Sunday, the following Monday will be considered the holiday. If
the holiday falls on a Saturday, the Friday before will be considered the holiday.
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY
Prior to acceptance of work, the Contractor shall submit a full-size set of plans to the
Engineer. Retention payment and bonds will not be released until the as -built plans are
reviewed and approved by the Engineer. A set of approved plans and specifications
shall be at the job site at all times. 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 payment is submitted. Any changes to the approved plans that have
been made with approval from the Engineer shall be documented on the as -built plans.
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.
6-9 LIQUIDATED DAMAGES
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 $2,000.
Execution of the Contract shall constitute agreement by the City and Contractor that the
above liquidated damages per calendar 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.
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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
If the Contractor elects to use City water, Contractor shall arrange for a meter and
tender a $1,250.00 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, dust control, 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 such water.
7-2 LABOR
7-2.2 Prevailing Wages
In accordance with California Labor Code Section 1720.9, hauling and delivery of ready -
mixed concrete for public works contracts are subject to prevailing wages.
Add the following section:
7-4 REMOVAL AND DISPOSAL OF MATERIAL
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
found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and
then selecting the link for Franchised Haulers List.
7-8 WORK SITE MAINTENANCE
7-8.1 General
All vandalism, including graffiti, at the work site shall be removed by the Contractor
within 24 hours.
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7-8.4 Storage of Equipment and Materials
7-8.4.2 Storage in Public Streets
Construction materials and equipment may only be stored in streets, roads, or sidewalk
areas if approved by the Engineer in advance. It is the Contractor's responsibility to
obtain an area for the storage of equipment and materials. The Contractor shall
obtain the Engineer's approval of a site for storage of equipment and materials prior to
arranging for or delivering equipment and materials to the site. Prior to move -in, the
Contractor shall take photos of the laydown area. The Contractor shall restore the
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
7-8.6.2 Best Management Practices (BMPs)
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. Placing plastic sheeting beneath stored equipment to capture potential leaking
fluids.
d. Providing a controlled area for cleaning or rinse -down activities.
e. Monitoring construction activities.
f. Minimizing usage of water when saw -cutting and vacuuming the residue.
g. Providing measures to capture or vacuum -up water contaminated with
construction debris.
h. Removing any construction related debris on a daily basis.
i. Protecting work areas from erosion.
j. Covering construction material stockpiles prior to wind or rain events
The BMP will be approved by the Engineer prior to any work. The City 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 backcharging the Contractor for all
costs plus 15 percent. The Contractor may also receive a separate administrative
citation per Section 14.36.030 of the City's Municipal Code. The contractor shall be
liable for any and all related fines.
7-10 SAFETY
7-10.3 Haul Routes
Haul routes shall be submitted to the Engineer for review and approval.
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7-10.4 Safety
7-10.4.1 Work Site Safety
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. The
Contractor shall fully comply with all state, federal and other laws, rules, regulations,
and orders relating to the safety of the public and workers.
The right of the Engineer or the City's representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site.
7-10.5 Security and Protective Devices
7-10.5.3 Steel Plate Covers
Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards.
In addition, steel plates on asphalt pavement shall be pinned and recessed flush with
existing pavement surface.
SECTION 9 - MEASUREMENT AND PAYMENT
9-2 LUMP SUM WORK
Contractor shall submit a detailed schedule of value for all lump sum bid items to the
Engineer within 15 days after award of contract.
9-3 PAYMENT
9-3.1 General
Revise paragraph two to read: The unit and lump sum bid prices for each item of work
shown on the proposal shall include full compensation for furnishing the labor,
materials, tools, and equipment and doing all the work, including restoring all existing
improvements, to complete the item of work in place and no other compensation will be
allowed thereafter. Payment for incidental items of work not separately listed shall be
included in the prices shown for the other related items of work. The following items of
work pertain to the bid items included within the Proposal:
Item No. 1 Mobilization, Demobilization, and Cleanup: Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs for providing
bonds, insurance and financing, preparing and implementing the BMP Plan, preparing
and updating construction schedules as requested by the Engineer, attending
construction progress meetings as needed, 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 site cleanup, removal of USA markings and
providing any required documentation as noted in these Special Provisions.
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Item No. 2 Surveying Services: Work under this item shall include, but not be
limited to, all labor, tools, equipment and material costs of surveying, establishing
horizontal and vertical controls, providing construction staking, preliminary grades, final
grades, all horizontal alignment, as -built field notes, establishing centerline ties,
adjusting survey monuments, filing pre- and post -construction corner records with the
county, reestablishing property corners disturbed by the work, preparing record of
survey, protecting and restoring existing monuments and other survey items as required
to complete the work in place. This item includes providing survey for all curb and gutter
work; and all cross gutters, spandrels, driveway approaches, and alley approaches
having less than 0.2 percent grade.
Item No. 3 Traffic Control: Work under this item shall include, but not be limited to,
all labor, tools, equipment and material costs for delivering all required notifications and
temporary parking permits, posting signs, covering conflicting existing signs, and all
costs incurred notifying businesses and residents, preparing traffic control plans per
Section 601-2, providing the traffic control required by the project including, but not
limited to, signs, cones, barricades, flashing arrow boards, K-rails, temporary striping,
and flag persons. This item includes providing four (4) CMS and updating messages on
the CMS as requested by the Engineer. This item also includes furnishing all labor,
tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest
edition, and City requirements.
Item No. 4 Prune/Shave Tree Roots: Work under this item shall include, but not be
limited to, all labor and materials relating to root pruning/root shaving and disposing per
Section 308-1, removing and disposing of excess soil, incidental import soil required to
bring grades up to subgrade level, reviewing trees identified on the Work Schedules
(see Appendices) by ISA Certified Arborist, and all other work required to complete the
work in place. This shall include all work for clearing and grubbing roots that are found
in all concrete replacement areas. All utilities or other improvements damaged by the
work, including, but not limited to, street light conduit and wires and private irrigation
lines shall be immediately repaired at the expense of the Contractor and no additional
compensation shall be made.
Item No. 5 Provide ISA Certified Arborist: Work under this item shall include, but
not be limited to, retaining an ISA Certified Arborist for the purpose of assessing tree
condition for all locations identified on the Work Schedules (see Appendices). The
Contractor's arborist shall provide written documentation on the condition of each tree
and provide pruning recommendations to the Contractor. Following the Arborist's
report, concrete work around the trees may be modified or eliminated from the contract
by the Engineer.
Item No. 6 Restore Public and Private Improvements: Work under this item shall
include, but not limited to, all labor and materials relating to making in -kind repairs to
public and private improvements impacted by the work, such as bollards, traffic signs,
irrigation systems, handrails and posts, sprinkler heads, bricks, pavers, plants, shrubs,
decorative stones and concrete, walls, benches, walks, fences, mailboxes, sod,
seeding, painting red curb, synthetic turf, including replacing synthetic turf, modifying
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synthetic turf base, joining synthetic turf panels, and other private improvements to
preconstruction conditions or better to the satisfaction of the Engineer, and all other
work items as required to complete the work in place.
Item No. 7 Remove and Construct 4-Inch Thick Concrete Sidewalk (Streets):
Work under this item shall include, but not be limited to, all labor, tools, equipment and
material costs for removing and disposing the existing sidewalk, grading and
compacting subgrade, constructing 4-inch thick minimum concrete sidewalk per CNB
STD 180, installing expansion joint material, constructing weakened plane joints,
restoring all existing improvements damaged by the work, reinstallation of private drains
(if damaged) per CNB STD 184, and all other work items as required to complete the
work in place.
Item No. 8 Remove and Construct 4-Inch Thick Concrete Sidewalk (Parks):
Work under this item shall include, but not be limited to, all labor, tools, equipment and
material costs for removing and disposing the existing sidewalk, grading and
compacting subgrade, pumping concrete from the street into the park locations listed (if
necessary), constructing 4-inch thick minimum concrete sidewalk per CNB STD 180
(this includes the colored, textured concrete at Mesa Birch Park to match existing
nearby panels — 282 SF), installing expansion joint material, constructing weakened
plane joints, restoring all existing improvements damaged by the work, reinstallation of
private drains (if damaged) per CNB STD 184, and all other work items as required to
complete the work in place. The pump for this work must be able to accommodate
pumping 1" aggregate and have a minimum 4" diameter hose.
Item No. 9 Remove and Construct Type "A" Concrete Curb and Gutter: Work
under this item shall include, but not be limited to, all labor, tools, equipment and
material costs for removing and disposing the existing concrete curb and gutter, grading
and compacting subgrade, reconstructing existing curb openings and curb drains,
constructing Type "A" concrete curb and gutter per CNB STD 182 , constructing 24"
wide x 12" deep asphalt concrete slot paving adjacent to the curb and gutter, installing
dowels, re -chiseling the curb face for existing underground utilities, reinstallation of
private drains (if damaged) per CNB STD 184, restoring all existing improvements
damaged by the work, and all other work items as required to complete the work in
place.
Item No. 10 Remove and Construct Type "F" Concrete Curb and Gutter: Work
under this item shall include, but not be limited to, all labor, tools, equipment and
material costs for removing and disposing the existing concrete curb and gutter, grading
and compacting subgrade, reconstructing existing curb openings and curb drains,
constructing Type "F" concrete curb and gutter per CNB STD 182 , constructing 24"
wide x 12" deep asphalt concrete slot paving adjacent to the curb and gutter, installing
dowels, re -chiseling the curb face for existing underground utilities, reinstallation of
private drains (if damaged) per CNB STD 184, restoring all existing improvements
damaged by the work, and all other work items as required to complete the work in
place.
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Item No. 11 Remove and Construct 6-Inch Concrete Driveway Approach: Work
under this item shall include, but not be limited to, all labor, tools, equipment and
material costs for sawcutting, removing, and disposing of existing driveway approach,
grading and compacting subgrade, placing and compacting crushed miscellaneous
base, constructing concrete driveway approach per CNB STD 160, CNB STD 161, CNB
STD 162, CNB STD 163, and CNB STD 164, 12" wide x 12" deep asphalt concrete slot
paving, steel plating, restoring all existing improvements damaged by the work, and all
other work items as required to complete the work in place. Measurement for payment
area of the driveway approach shall be in plan view and include all PCC walkway and
curb and gutter surfaces contained within and including the bounds of the driveway wing
"top of V as well as all private driveway concrete paving required to join existing private
improvements.
Item No. 12 Remove and Construct 8-Inch Concrete Cross Gutter: Work under
this item shall include, but not be limited to, all labor, tools, equipment and material
costs for removing and disposing the existing concrete cross gutter and spandrels,
grading and compacting subgrade, placing and compacting crushed miscellaneous
base, installing smooth galvanized steel bars, constructing concrete cross gutter per
CNB STD 185, constructing 24" wide x 12" deep asphalt concrete slot paving adjacent
to cross gutter, restoring all existing improvements damaged by the work, and all other
work items as required to complete the work in place.
Item No. 13 Remove Existing and Construct Curb Inlet Deck with New
Hardware: Work under this item shall include, but not be limited to, all labor, tools,
equipment and material costs for sawcutting, chipping, concrete removal, disposal,
preparation and construction of a concrete curb inlet deck with new hardware per CNB
STD 300 and CNB STD 301, restoring all existing improvements damaged by the work,
readjusting associated manhole covers to grade, and all other work items as required to
complete the work in place, in accordance with the Standard Specifications for Public
Works Construction and these Special Provisions.
Item No. 14 Tree Removal, Stump Grinding, and Parkway Restoration: Work
under this item shall include, but not limited to, all labor and materials relating to posting
tree removal signs on each tree slated for removal; removing and disposing of trees,
roots to a minimum depth of 18-inches below ground surface by stump grinding, and
soil; adjusting surface grade to match adjacent improvements and include complete
grading of parkway to level with sidewalk for entire length of parkway; removing all
wood chips and debris from tree removal process, making repairs to private
improvements impacted by the work such as irrigation systems, bricks, pavers, plants,
shrubs, decorative stones, walls, walks, fences, mailboxes, providing and installing sod,
and other private improvements to preconstruction conditions; restoring the ground
surface to a new level surface that matches surrounding area and all other work items
as required to complete the work in place. The contractor is required to review the trees
on the work schedule and include all maybe and removal trees in the bid. Trees which
have not been preselected by the City for removal may take up to ten working days to
process and formally approve for removal per Section 308-1. Trees listed as "maybe" on
the work schedule, will require review by the Contractor's arborist and the contractor is
required to remove the concrete improvement next to the tree and contact the City
Page SP 14 of 23
arborist to review the root system to assess the condition before any roots are cut and
the City Arborist will make a recommendation for the tree to be removed or saved. All
utilities or other improvements damaged by the work shall be immediately repaired at
the expense of the Contractor and no additional compensation shall be made. The
quantities of this bid item are subject to change based on the recommendations of the
Arborist report.
Item No. 15 Remove and Replace Utility Boxes and Covers: Work under this
item shall include, but not limited to, all labor and materials relating to removing and
disposing of the existing utility box; furnishing and installing new utility box and cover
per CNB STD 204 for street lights, CNB STD 502 and CNB STD 503 for water meters,
and per CNB STD 406 for sewer clean outs; reconnecting existing wiring, restoring
adjacent areas; and completing all other items as required to restore system operations
that were damaged by the work. Work under this item shall include coordination with
Southern California Gas Company, Cable Television and Telephone companies
including requesting new boxes from cable or telephone companies when required and
repairing concrete around utility boxes. Location of utility box and cover removals and
construction shall be directed by the Engineer during construction.
9-3.2 Partial and Final Payment.
From each progress payment, five (5) percent will be retained by the City, and the
remainder less the amount of all previous payments will be paid.
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 200 — ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS
200-2.1 General
Crushed Miscellaneous Base (CMB) shall be used as the untreated base material.
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1 Requirements
201-1.1.2 Concrete Specified by Class and Alternate Class
Portland cement concrete shall be Class 560-C-3250 and pumped portland cement
concrete shall be Class 565-C-3250P, unless shown otherwise on the plans.
Page SP 15 of 23
201-2 REINFORCEMENT FOR CONCRETE
201-2.2 Steel Reinforcement
201-2.2.1 Reinforcing Steel
Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2-inch
minimum cover unless shown otherwise on the plans.
SECTION 203 — BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE
203-6.5 Type III Asphalt Concrete Mixtures
Asphalt concrete finish course and leveling course shall be Type III-C3-PG 64-10 (15%
max RAP). Asphalt concrete base course shall be Type III-B2-PG 64-10 (15% max
RAP).
SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND
PAVEMENT MARKERS
214-4 PAINT FOR STRIPING AND MARKINGS
214-4.1 General
Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized
thermoplastic.
214-6 PAVEMENT MARKERS
All pavement markers shall comply with Section 85 of the State of California Standard
Specifications.
Add Section 215 — TRAFFIC SIGNS
SECTION 215 - TRAFFIC SIGNS
Signs shall be standard size per the California MUTCD unless otherwise shown.
Retroreflective sheeting shall be Type 4 or greater. Sign shall be made of aluminum
(0.08-inch thickness).
New sign posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge
2 % inch unistrut (OD) base.
Sign mounting hardware and brackets shall be stainless steel. Unless otherwise
specified, mounting hardware shall be 5/16"-18.
Page SP 16 of 23
PART 3 - CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.3 Removal and Disposal of Materials
300-1.3.1 General
Refer to Section 7-4 for Franchised Commercial Solid Waste Haulers requirements.
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.
Non -reinforced concrete and asphalt wastes generated from the job site shall be
disposed of at a facility that crushes such materials for reuse. Excess soil and other
recyclable solid wastes shall not be disposed of at a sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated
and solid wastes disposed of at a sanitary landfill. The Contractor shall report said
tonnage monthly to the Engineer and provide appropriate confirmation documentation
from the recycling facility. All material disposal manifests shall be provided to the
Engineer prior to release of final retention.
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, Driveway, and Alley
Intersections. Concrete shall be removed from existing joint to existing joint.
Alternatively, with prior approval from the Engineer, existing concrete may be neatly
sawed to form straight edges to join proposed concrete improvements. Saw cuts on
concrete surfaces shall be a minimum of two (2) inches deep. Saw cuts on asphalt
pavement shall be full depth. Final removal between the sawcut lines may be
accomplished using jackhammers or sledgehammers. All saw -cutting operations must
be done in a clean manner with wet vacuum and cleaned before sawcutting paste and
debris dries. Contractor is responsible for cleaning all residue and debris from the saw -
cutting operation on the same day of saw -cutting. Pavement breakers or stompers will
not be permitted on the job. The Engineer must approve final removal accomplished by
other means.
Page SP 17 of 23
Driveways and access ramps shall be completed in two pours to create a cold joint
between the back of curb and sidewalk or driveway approach. Monolithic pours for
driveways and access ramps are not allowed.
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY
INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS
303-5.1 Requirements
303-5.1.1 General
Sidewalks 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 asphalt concrete patch back shall be placed within 72
hours following concrete placement.
Concrete improvements within the public right-of-way shall be re -opened for pedestrian
and vehicular access by the end of each work week on Fridays. All forms shall be
removed, concrete shall be poured, and asphalt concrete slots shall be backpaved at
the end of each work week. The contractor shall schedule work appropriately in order to
restore public access at the end of each work week. The City reserves the right to limit
and revise the Contractor's proposed work schedule prior to starting future work if the
Contractor demonstrates the inability to meet this requirement.
Contractor shall provide field survey elevations twenty (20) feet on either side of the
proposed concrete improvements along the flowline to confirm positive drainage. If
positive drainage is not attainable, Contractor shall notify the Engineer prior to
completing the concrete improvements.
Concrete replacement shall extend from existing joint to existing joint.
Concrete driveways and cross gutters shall be available for vehicular traffic within 24
hours of pour. The Contractor shall not allow vehicular traffic on new concrete until the
concrete has attained a minimum compressive strength of 3000 psi. High early strength
concrete may be attained to meet the time constraints by the use of additional Portland
cement or chemical admixtures in accordance with Section 201-1 and with prior
approval of the Engineer. The cost of high early strength concrete shall be included in
the unit prices for all concrete bid items. The contractor shall provide steel plates for
driveway access if the concrete curing process will require more than one day.
Page SP 18 of 23
303-5.5 Finishing
303-5.5.2 Curb
The Contractor shall install or replace curb markings that indicate sewer laterals on the
face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer. A
two (2) day notice to the Engineer is required for requests to the City to determine the
location of sewer laterals.
The Contractor shall repaint any red curb that is damaged or removed. The curb shall
be repainted to match the original red curb lengths." Red Paint shall be "Red Fast Dry",
Product Code 181 manufactured by American Traffic Products, Inc. or approved equal.
Paint can be purchased by contacting Scott Givens, Roadline Products, 562-404-8889.
The Contractor shall repaint any blue curb that is damaged or removed. The curb shall
be repainted to match the original blue curb lengths.
Curb marking shall be reinstalled within 48 hours from re -pouring of concrete curbs.
Contractor shall place Temporary No Parking ANYTIME signs on barricades where red
curb marking has been removed and maintain the signs until the curb marking has been
replaced.
303-7 COLORED CONCRETE
303-7.1 General
Delete the first sentence and replace with the following: Colored concrete shall be
produced by Method B (Integral Color) as described in Section 303-7.3.
Add Section 315 —TRAFFIC SIGN INSTALLATION
SECTION 315 - TRAFFIC SIGN INSTALLATION
Location of traffic signs is approximate and shall be approved by the City prior to
installation. Signs shall be installed at a clear height of seven feet at minimum unless
otherwise shown on plans.
Unistrut base shall be installed at a depth of 18 inches in concrete and 30 inches in dirt.
Contractor shall USA location prior to installing sign.
Anti -seize lubricant shall be applied to hardware/fasteners prior to installation.
Refer to CNB DWG 924 for typical sign installation.
Signs shall be reinstalled within 72 hours of removal. Regulatory signs, including but
not limited to "STOP", "YIELD", Lane Designation and/or "No Parking" signs, shall be
installed on barricades and placed where the removed sign was installed. Contractor
shall maintain the temporary sign(s) until the sign(s) are reinstalled. Temporary "No
Page SP 19 of 23
Parking" signs, printed with specific information regarding the no parking zone, may
temporarily replace removed "No Parking" signs.
PART 6 - TEMPORARY TRAFFIC CONTROL
SECTION 600 - ACCESS
600-1 GENERAL
Ten (10) working days prior to starting work, the Contractor shall distribute construction
notices to residents and businesses within 500 feet of the project, describing the project
and indicating the limits of construction. The City will provide the notices.
Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to
the residents and businesses a second written notice prepared by the City clearly
indicating specific dates in the space provided on the notices when construction
operations will start for each block or street. 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. The Contractor shall complete and
distribute the notices. 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.
600-2 VEHICULAR ACCESS
The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs
(even if streets have posted "NO PARKING" signs) which shall be posted 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 at the Public Works Department front counter.
However, the City reserves the right to charge $2.00 per sign following any excessive
abuse or wastage of the signs by the Contractor. The Contractor shall be allowed to
furnish their own "NO PARKING -TOW AWAY" signs if given written approval by the
City's Engineer. Samples of Contractor -furnished signs shall be provided to the City
during the approval process. The City reserves the right to require the Contractor to
laminate or cover signs with a transparent plastic bag or sleeve if they are not
enforceable due to damage caused by the environment.
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 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.
Page SP 20 of 23
600-3 PEDESTRIAN ACCESS
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 all establishments whose access will be impacted by
construction operations, particularly sidewalk construction.
SECTION 601 — WORK AREA TRAFFIC CONTROL
601-1 GENERAL
The Contractor shall furnish and install signage, barricades, delineators, yellow safety
ribbons, changeable message signs (CMS), 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. Messages for the CMS shall be updated by
the Contractor as directed by the Engineer.
601-2 TRAFFIC CONTROL PLAN (TCP)
The Contractor shall provide traffic control and access in accordance with 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 or alley during its trash collection day, it
shall be the Contractor's responsibility to make alternative trash collection
arrangements by contacting the City's Refuse Superintendent, at (949) 718-
3466 and all affected property owners.
5. At a minimum, the Contractor shall maintain one lane of traffic in each
direction at all times when completing the work. Temporary striping may be
required and shall be shown on the TCP.
6. Sidewalk closures in non-residential areas, or as determined 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.
Page SP 21 of 23
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.
PART 8 - LANDSCAPING AND IRRIGATION
SECTION 801 - INSTALLATION
801-1 GENERAL
The Contractor is responsible for clearing and grubbing, pruning and removing tree roots
that interfere with the work. The Contractor shall submit recommendations by its arborist to
the City for review for safely pruning and removing tree roots. No roots shall be pruned
or removed unless this submittal is returned to the Contract as satisfactory. Prior to the
submittal, the Contractor shall arrange to meet with the City Arborist at the site to discuss
City standards and requirements.
If required, the submittal shall adhere to the following guidelines.
1. Root Pruning
a. Whenever possible, root pruning shall only be done on one side of the tree
unless specifically authorized by the City Arborist.
b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable
tool.
2. Arbitrary Root Cut
a. A straight cut with a root -cutting machine shall be made.
b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs,
and shall be made as far away from the tree base as possible.
3. Selective Root Pruning
a. This process involves selectively removing offending roots when a tree trunk or
root flare is less than 2 feet from the sidewalk and/or the size, species or
condition of the tree warrants a root cut to be hazardous to the tree or when
there is only one minor offending root to be removed and/or the damage is
minimal (i.e., only one panel uplifted, etc.)
Page SP 22 of 23
b. Selective root pruning shall be performed with an ax or stump -grinding machine
instead of a root -pruning machine.
c. All tree roots that are within the sidewalk construction area shall be removed
or shaved down.
d. Roots greater than two inches in diameter that must be removed, must be
pre -approved by the City Arborist.
e. Roots shall be selected for removal on the basis that will have the least impact
on the health and stability for the tree.
Page SP 23 of 23