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HomeMy WebLinkAboutC-8865-4 - Contract for Construction of Public Works Temporary Fire Station No. 1 Temporary Sewer and Water UtilitiesCONTRACT FOR THE CONSTRUCTION OF PUBLIC WORK TEMPORARY FIRE STATION NO.1 TEMPORARY SEWER AND WATER UTILITES WITH MIKE KILBRIDE, LTD. THIS CONTRACT FOR THE CONSTRUCTION OF PUBLIC WORK ("Contract") is made and entered into as of this 16th day of January, 2026 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and Mike Kilbride, LTD., a California corporation ("Contractor"), whose principal place of business is 2072 Placentia Avenue, Costa Mesa, CA 92627, 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 desires to engage Contractor for the installation of temporary sewer and water services to Temporary Fire Station No. 1, as more fully described in the Contract Documents ("Project" or "Work"). C. City has solicited and received a proposal from Contractor and desires to retain Contractor to render services under the terms and conditions set forth in this Contract. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Contract over a period of twenty (20) consecutive days commencing upon issuance of the "Notice to Proceed". NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Contract shall commence on the Effective Date and shall terminate on June 30, 2027, unless terminated earlier as provided for herein. 2. SCOPE OF WORK 2.1. Contract Documents. The complete Contract for the Project includes all of the following documents: Contractor's Fee Proposal, attached hereto as Exhibit A; Insurance Requirements, attached hereto as Exhibit B; Labor and Materials Payment Bond attached hereto as Exhibit C; Faithful Performance Bond, attached hereto as Exhibit D; all Project Permits; the Standard Special Provisions and Standard Drawings; Plans and Special Provisions for Contract No. 8865-4; 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"). Exhibits A, B, C, and D, and all other named Contract Documents, 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. 2.2. 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 as identified in the Contract Documents ("Work" or "Services"). 2.3. 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. TIME OF PERFORMANCE 3.1. Time is of the essence in the performance of Work under this Contract and Contractor shall complete the Work within twenty (20) consecutive days from the date of issuance of the "Notice to Proceed." Failure to complete the Work in the time allotted may result in termination of the Contract by City and assessment of damages as outlined in Section 3.2. 3.2. The parties agree that it is extremely difficult and impractical to determine and fix the actual damages that City will sustain should Contractor fail to complete the Project within the time allowed. Should Contractor fail to complete the Work called for in this Contract within 20 consecutive days from the date of issuance of the Notice to Proceed, Contractor agrees to the deduction of liquidated damages in the sum of One Thousand Dollars ($1,000.00) for each calendar day beyond the date scheduled for completion. 4. COMPENSATION 4.1. 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 Sixty Eight Thousand Two Hundred Fifty Dollars ($68,250.00), less any money deducted pursuant to Section 3.2. Contractor shall not receive any additional compensation unless approved in writing in advance by City's Project Administrator as defined herein. City shall make full payment to Contractor no later than thirty (30) calendar days after acceptance of the Work by City. 4.2. This compensation includes: 4.2.1. Any loss or damage arising from the nature of the Work; Mike Kilbride, LTD. Page 2 4.2.2. Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 4.2.3. 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. 5. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Michael J Kilbride 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. 6. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Director of Public Works, 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 Services to be rendered pursuant to this Contract. 7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 7.1. Contractor shall use only the standard materials and equipment as described in the Contract Documents in performing Work under this Contract. Any deviation from the materials or equipment described in the Contract Documents shall not be utilized unless approved in advance by the Project Administrator. 7.2. Contractor shall comply with the terms and conditions of the Contract Documents. 7.3. All of the Work shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Contract, and that it will perform all Work in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. 7.4. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Contract, all applicable federal, state and local laws, and legally recognized professional standards. 7.5. Contractor represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is Mike Kilbride, LTD. Page 3 legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Contract. 7.6. Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8. CHANGE ORDERS 8.1. This Contract may be amended or modified only by mutual written agreement of the parties. 8.2. 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. 8.3. 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. 9.1. 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. 9.2. 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. 9.3. 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, Mike Kilbride, LTD. Page 4 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). 9.4. 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. 9.5. 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. 9.6. 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. 9.7. 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. 9.8. The rights and obligations set forth in this Section shall survive the termination of this Contract. 10. 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. 11. 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 Contractor on the Project. Mike Kilbride, LTD. Page 5 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator and/or designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings have been scheduled or are desired. 14. BONDING 14.1. 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 E 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 D and incorporated herein by reference. 14.2. The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 14.3. 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. 15. 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 this Contract, 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. 16. PREVAILING WAGES 16.1 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 Mike Kilbride, LTD. Page 6 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 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. 16.2 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. 17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the Work to be performed 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 co -tenant 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. 18. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Proposal attached as Exhibit B. 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. 19. OWNERSHIP OF DOCUMENTS 19.1. Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Mike Kilbride, LTD. Page 7 Contract, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 19.2. Documents, including drawings and specifications, prepared by Contractor pursuant to this Contract, are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Contractor will be at City's sole risk and without liability to Contractor. Further, any and all liability arising out of changes made to Contractor's deliverables under this Contract by City or persons other than Contractor is waived against Contractor and City assumes full responsibility for such changes unless City has given Contractor prior notice and has received from Contractor written consent for such changes. 20. RECORDS Contractor shall keep records and invoices in connection with the Work to be performed under this Contract. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Contract and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Contract. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, documents, proceedings and activities related to the Contract for a period of three (3) years from the date of final payment to Contractor under this Contract. 21. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Contract. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. CONFLICTS OF INTEREST 22.1. 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. Mike Kilbride, LTD. Page 8 22.2. 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. 23. NOTICES 23.1. All notices, demands, requests or approvals to be given under the terms of this Contract shall be given in writing, to City by Contractor 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. 23.2. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Director of Public Works Public Works Department City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92658 23.3. All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Michael J Kilbride Mike Kilbride, LTD. PO Box 3341 Newport Beach, CA 92659 24. NOTICE OF CLAIMS 24.1. 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. 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 (Govt. Code §§ 900 et seq.). 24.2. 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 Mike Kilbride, LTD. Page 9 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.). 25. TERMINATION 25.1. 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. 25.2. 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. 26. 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 as defined by the Contract Documents, 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. 27. STANDARD PROVISIONS 27.1. Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 27.2. 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 and City. 27.3. Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach Mike Kilbride, LTD. Page 10 of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 27.4. 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. 27.5. 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. 27.6. 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. 27.7. 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. 27.8. 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. 27.9. 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. 27.10. 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. 27.11. No Attorneys Fees. In the event of any dispute or legal action arising under this Contractor, the prevailing party shall not be entitled to attorneys' fees. 27.12. 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 and the same instrument. [SIGNATURES ON NEXT PAGE] Mike Kilbride, LTD. Page 11 IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: l� r 17,6 By: Aa n C. Harp 4 Zb City Attorney ATTEST: Date: 916142Wz;; By: Leilani I. Brown City Clerk Attachments: CITY OF NEWPORT BEACH, a California�nunyCipal cprporation Date: /�1��((� By: David Webb Director of Public Works CONTRACTOR: MIKE KILBRIDE, LTD., a California corporation Date: Signed in Counterpart Bv: Michael J Kilbride Chief Executive Officer, Chief Financial Officer, and Secretary [END OF SIGNATURES] Exhibit A — Fee Proposal Exhibit B — Insurance Requirements Exhibit C — Labor and Materials Payment Bond Exhibit D — Faithful Performance Bond Mike Kilbride, LTD. Page 12 IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: (TIZ / 7 6 By: Aa n C. Harp City Attorney CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: David Webb Director of Public Works ATTEST: CONTRACTOR: MIKE KILBRIDE, LTD., Date: a California corporation Date:3U IAnufi�U By: Leilani I. Brown Michael J Kilbride City Clerk Chief Executive Officer, Chief Financial Officer, and Secretary Attachments: [END OF SIGNATURES] Exhibit A — Fee Proposal Exhibit B — Insurance Requirements Exhibit C — Labor and Materials Payment Bond Exhibit D — Faithful Performance Bond Mike Kilbride, LTD. Page 12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of _ J} On before me, '1L1,Aa16'1c�.�vy... Ate Here Insert Name and Title of the Offic r personally appeared of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose names) is/axe subscribed to the within instrument and acknowledged to me that he/s ty executed the same in his/htTtfl'2ir authorized capacity(iec), and that by his/he+l#�r signatures) on the instrument the person(s), or the entity upon behalf of which the person(e) acted, executed the instrument. NILADANIELLE LEWIS Notary Public -California Orange County 7 Commission M 2416432 My Comm. Expires Se► 17, 2626 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Fyublic Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 0c2017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: EXHIBIT A FEE PROPOSAL Mike Kilbride, LTD. Page A-1 b SO lv N Im o cr n N. U) n (D p 0• z = _ (D o (D d p (D 3 p ° m cn R n N � O '0 O z O C 1 z 0 r W r Cl) r cn r C() v CC Z O z —I I; lie rz - • 00 D cn m W v -0C� O z m m n m D O O m T1 m N D z z O D c n OD 00 rq 3 CD 3 O 0 r x a m n w a ztt�m 3 D z �_ r o W o CD -4CL) m w (-) V O Ei A O n km �D� v 44 coN 4n in CPT LTI 13 80 G) C n W O O m cn T 00 M ;u D W m D n m m z c CD v r- _ cc 5 Co cn i� m EXHIBIT B INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California. 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 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 Mike Kilbride, LTD. Page B-1 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 the City, along with a certificate of insurance, any additional insurance requirements stated in Section Four. 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 the City, along with a certificate of insurance, any additional insurance requirements stated in Section Four. 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 the City, along with a certificate of insurance, any additional insurance requirements stated in Section Four. 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 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 Mike Kilbride, LTD. Page B-2 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 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 Mike Kilbride, LTD. Page B-3 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. Subcontractors shall maintain commercial 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 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 Mike Kilbride, LTD. Page B-4 all subcontractors maintain insurance meeting all the requirements stated in Section Four, including required coverage types, limits, endorsements, and notice provisions. 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 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 Mike Kilbride, LTD. Page B-5 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. Mike Kilbride, LTD. Page B-6 Bond issued in Duplicate EXHIBIT C CITY OF NEWPORT BEACH BOND NO. CSB0008635 Premium eincluded in the Faithful Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Mike Kilbride, LTD. hereinafter designated as the "Principal," a contract for the Construction of Temporary Fire Station No.1 Temporary Sewer and Water Utilities located at East Ocean Front Lot/Balboa Pier Area, 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, RLI Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Sixty Eight Thousand Two Hundred Fifty Dollars ($68,250.00) lawful money of the United States of America, said sum being equal to one hundred percent (100%) of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 of seq. of the Civil Code of the State of California. Mike Kilbride, LTD. Page C-1 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 29th day of January 20 26 . Mike Kilbride, LTD., a California corporation Name of Contractor (Principal) RLI Insurance Company Name of Surety 9025 N. Lindbergh Dr. Peoria, IL 61615 Address of Surety (800) 645-2402 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Z/S I Z 6 By: Aa n C. Harp 6 2 G 5. tilo City Attorney ��a � C pyi-t 6- -- S Eck pm� Authorized Signature/Title Au horized Agent Signature Paul A. Bland, Attorney -in -Fact Print Name and Title �JPpNCE CO ?� : G&PORgrF':9� -�- SEAL i4I0�tNC' NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Mike Kilbride, LTD. Page C-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ; ss. #n beforel_ �.�._..1. __ _.i • • Notary Public, personf�lly appeared who proved to me on the basis of satisfactory evidence to b he person() whose names) is/afe subscribed to the within instrument and acknowledged to me that he/s4e� executed the same in his/beri4fgeir authorized capacity(ies), and that by his/fir signatures(s4 on the instrument the person(.er), 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 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange } ss. NILADANIELLE LEWIS Notary Public • California a Orange County S Commission Y 2416437 — My Comm. Expiros Sep 17, 7176 (seal) On January 29 , 20 26_ before me, Blanca Roque Notary Public, personally appeared Paul A. Bland proved to me on the basis of satisfactory evidence to be the person(s�) whose name(.&) isAafe subscribed to the within instrument and acknowledged to me that he/� executed the same in hisAiei4the:ff authorized capacity{-ieG*, and that by hisAa 4hj@ r signatures{* on the instrument the person(, or the entity upon behalf of which the person(. acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SLANCA ROQUE Notary Public - California WITNESS my hand and official seal. _*-Mv Orange County Commission a 2446817 Comm. Expires Jun 9, 2027 Signature (seal) Mike Kilbride, LTD. Page C-3 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby snake, constitute and appoint: Steven C. Mosier, Densie Bennett, Paul A. Bland, Cynthia S. Wozney, Candy A. Dakin, Edward W. Griffith II, jointly or severally in the City of Irvine , State of California its true and lawful Agent(s) and Attorny(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RIM Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Sr. Vice President with its corporate seal affixed this 17th day of Sentember _ 2025 . CO,,, �OpGANO:4,s' .v9 p�yJPpNCF •��� •'tl.! oy GOpPOR qr'o :tom'_ ,�?� sa : OORPORgrF t t.: SEAL a1 - : SEAL yOu• •1'.LINOIS •• State of Ohio l ",t, "` ���,i,�4CINOXS,`�" .u,t�.ttm..; t SS County of Cuyahoga )} On this 17th day of September 2025 , before me, a Notary Public, personally appeared Eric Raudins , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. C� y By: Jill A. Scott Notary Public I.JR �L BP ALLA. SCOT Notwry Pubhc. Stale of Ohio MYcwmission Expires: Septem6er22.2030 RLI Insurance Company Contractors Bonding and Ins ance Company f By: Eric Raudins Sr. Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 29TH day of JANUARY , 2026 RLI Insurance Company Contractors Bonding and Insurance Company By: Christina Dean Corporate Secretary 0473837020212 A0058D 19 Bond issued in Duplicate EXHIBIT D CITY OF NEWPORT BEACH BOND NO. CSB0008635 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ Premium is subject to adjustment being 2,048.�0 based on final contact rice at the rate of $30.00 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Mike Kilbride, LTD. hereinafter designated as the "Principal," a contract for the Construction of Temporary Fire Station No.1 Temporary Sewer and Water Utilities located at East Ocean Front Lot/Balboa Pier Area in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and RLI Insurance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Sixty Eight Thousand Two Hundred Fifty Dollars ($68,250.00) lawful money of the United States of America, said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed Mike Kilbride, LTD. Page D-1 thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 29th day of January 20 26 . Mike Kilbride, LTD., a California corporation NukAo Name of Contractor (Principal) Authorized Signature/Title RLI Insurance Co Name of Surety 9025 N. Lindbergh Dr., Peoria, IL 61615 Address of Surety (800) 645-2402 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: i Aa n C. Harp b 5 2,�o City Attorney Authorized Agent Signature Paul A. Bland, Attorney -in -Fact Print Name and Title ��J�pNCE COo,' �? • GOpPORq rF�9� SEAL NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Mike Kilbride, LTD. Page D-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 4 a/ Aux ,r , %p 20 2lP before me, Notary Pu lic, personAy appeared ,r Q� who proved to me on the basis of satisfactory evidence to 'be the person(e) whose name(a) is/afe subscribed to the within instrument and acknowledged to me that he/seer executed the same in his/fir authorized capacity(iea), and that by his/heir signatures(e) on the instrument the person(s), or the entity upon behalf of which the person(g) 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 NILADANIELLE LEINIS a Notary Public - California Orange County Commission • 2416432 — My Comm. Expires Sep 17, 2026 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange )SS. (seal) On January 29 , 2026 before me, Blanca Roque Notary Public, personally appeared Paul A. Bland proved to me on the basis of satisfactory evidence to be the person(s) whose name(-s-) is/afe subscribed to the within instrument and acknowledged to me that he/e� executed the same in hisl4e4th494 authorized capacityk4s—), and that by his/4e4t4ok signatures(.&) 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. BLANCAROQUE WITNESS my hand and official seal. Notary Public • California Orange County Commission Y 2— My Comm. Expires Junun 9, 20 2027 J Signature (seal) Mike Kilbride, LTD. Page D-3 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, 1L 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby snake, constitute and appoint: Steven C. Mosier, Densie Bennett, Paul A. Bland, Cynthia S. Wozney, Candy A. Dakin, Edward W. Griffith II, jointly or severally in the City of Irvine , State of California its true and lawful Agent(s) and Attomey(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the naive of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Sr. Vice President with its corporate seal affixed this 17th day of September . 2025 . , "Q, tG ANO,Ny,'r'i. to VFOF?.4 =a' SEAL :',F - SEAL y°u State of Ohio l ", UNOIS ,,, '''1,N��S,�. } SS County of Cuyahoga ))) On this 17th day of September 2025 , before me, a Notary Public, personally appeared Eric Raudins , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: Jill A. Scott Notary Public 1111 A. SCOTT Noury Public. Stale of Ohio _. ,Commission Expires: Sepiember22.2030 RLI Insurance Company Contractors Bonding and Ins ance Company By: Eric Raudins Sr. Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthennore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 29TH day of JANUARY , 2026 RLI Insurance Company Contractors Bonding and Insurance Company By: Cf�lllll b1dkL j)( 61 A Christina Dean Corporate Secretary 0473837020212 A0058D ] 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS TEMPORARY FIRE STATION NO. 1 TEMPORARY SEWER AND WATER UTILITIES PROJECT NO. 23F12 CONTRACT NO. C-8865-4 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 2-3.2 Self Performance 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 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 1 1 2 2 2 2 2 2 2 3 3 3 3 3 4 4 4 4 4 4 4 4 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4 6-1.1 Construction Schedule 4 6-7 TIME OF COMPLETION 5 6-7.1 General 5 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 6 6-9 LIQUIDATED DAMAGES 6 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 6 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 6 7-1.2 Temporary Utility Services 6 7-2 LABOR 7 7-2.2 Prevailing Wages 7 7-4 REMOVAL AND DISPOSAL OF MATERIAL 7 7-5 PERMITS 7 7-5.1 Hot Work Permit 7 7-7 COOPERATION AND COLLATERAL WORK 7 7-8 WORK SITE MAINTENANCE 8 7-8.1 General 8 7-8.4 Storage of Equipment and Materials 8 7-8.4.1 General 8 7-8.4.2 Storage in Public Streets 8 7-8.5 Sanitary Sewers 8 7-8.5.2 Sewage Bypass and Pumping Plan 8 7-8.6 Water Pollution Control 9 7-8.6.2 Best Management Practices (BMPs) 9 7-10 SAFETY 9 7-10.3 Haul Routes 9 7-10.4 Safety 9 7-10.4.1 Work Site Safety 9 7-10.5 Security and Protective Devices 10 7-10.5.3 Steel Plate Covers 10 SECTION 9 - MEASUREMENT AND PAYMENT 10 9-2 LUMP SUM WORK 10 9-3 PAYMENT 10 9-3.1 General 10 9-3.2 Partial and Final Payment. 11 PART 2 - CONSTRUCTION MATERIALS 11 SECTION 200 — ROCK MATERIALS 11 200-2 UNTREATED BASE MATERIALS 11 200-2.1 General 12 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 12 201-1 PORTLAND CEMENT CONCRETE 12 201-1.1 Requirements 12 201-1.1.2 Concrete Specified by Class and Alternate Class 12 201-2 REINFORCEMENT FOR CONCRETE 12 201-2.2 Steel Reinforcement 12 201-2.2.1 Reinforcing Steel 12 SECTION 203 — BITUMINOUS MATERIALS 12 203-6 ASPHALT CONCRETE 12 203-6.5 Type III Asphalt Concrete Mixtures 12 SECTION 214-TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 12 214-4 PAINT FOR STRIPING AND MARKINGS 12 214-4.1 General 12 214-6 PAVEMENT MARKERS 12 214-6.3 Non -Reflective Pavement Markers 13 214-6.3.1 General 13 214-6.4 Retroreflective Pavement Markers 13 214-6.4.1 General 13 PART 3 - CONSTRUCTION METHODS 13 SECTION 300 - EARTHWORK 13 300-1 CLEARING AND GRUBBING 13 300-1.3 Removal and Disposal of Materials 13 300-1.3.1 General 13 300-1.3.2 Requirements 14 SECTION 302 - ROADWAY SURFACING 14 302-1 COLD MILLING OF EXISTING PAVEMENT 14 302-1.1 General 14 302-1.7 Work Site Maintenance 14 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 14 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 14 303-5.1 Requirements 14 303-5.1.1 General 14 303-5.5 Finishing 15 303-5.5.2 Curb 15 303-5.5.4 Gutter 15 303-7 COLORED CONCRETE 15 303-7.1 General 15 SECTION 306 — OPEN TRENCH CONDUIT CONSTRUCTION 15 306-2 DELIVERY, STORAGE, HANDLING, AND PROTECTION OF PIPELINE MATERIALS, FITTINGS, VALVES, AND APPURTENANCES 15 306-2.7 Shutdowns of Existing Pipelines 15 306-2.7.3 Temporary Bypasses 15 306-8 PREFABRICATED PRESSURE PIPE 16 306-8.9 Pipeline Pressure Testing, Disinfection, and Commissioning 16 SECTION 314—TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 17 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 17 314-4.1 General 17 314-4.2 Control of Alignment and Layout 17 314-4.2.1 General 17 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 17 314-4.4.1 General 17 314-4.4.2 Surface Preparation 18 314-5 PAVEMENT MARKERS 18 314-5.1 General 18 PART 6 - TEMPORARY TRAFFIC CONTROL 18 SECTION 600 - ACCESS 18 600-1 GENERAL 18 600-2 VEHICULAR ACCESS 19 600-3 PEDESTRIAN ACCESS 19 SECTION 601— WORK AREA TRAFFIC CONTROL 19 601-1 GENERAL 19 601-2 TRAFFIC CONTROL PLAN (TCP) 20 PARTS -LANDSCAPING AND IRRIGATION SECTION 801 - INSTALLATION 801-1 GENERAL 21 21 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS TEMPORARY FIRE STATION NO. 1 TEMPORARY SEWER AND WATER UTILITIES PROJECT NO. 23F12 CONTRACT NO. C-8865-4 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. B-5339-S); (3) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition), including supplements; (4) 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- wo rks/res o u rces/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 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT Page SP 1 of 22 At the time of the award and until completion of work, all work related to water in the public right-of-way shall be performed by a Class "C-34" Pipeline Contractor License or a Class "A" General Engineering License; and all work related to wastewater in the public right-of-way shall be performed by a Class "C-42" Sanitation System Contractor License or a Class "A" General Engineering 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 City. 2-3 SUBCONTRACTS 2-3.2 Self Performance Delete entire Self Performance section. 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 installing temporary sewer and water services from the City's main lines to the temporary trailer and other incidental items of work to make Temporary Fire Station No. 1 functional and operable. 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 Page SP 2 of 22 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. 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 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. Page SP 3 of 22 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. 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. 5-2 PROTECTION In the event that an existing pull box, meter box, or any other utility box or equipment 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 or equipment of identical type and size at no additional cost to the City. 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 Page SP 4 of 22 Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five (5) 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. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 20 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. Normal working hours are limited to 7:00 a.m. to 5:00 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 the working hours. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 5:00 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 Contractor shall pay for supplemental inspection costs of $207 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 11th (Veterans Day) Page SP 5 of 22 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 $1000.00 per calendar day. 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. 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 Page SP 6 of 22 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 Unless Contractor self -hauls, all 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. 7-5 PERMITS 7-5.1 Hot Work Permit The Contractor shall obtain and comply with a Hot Work Permit from the City for any operation involving an open flame or producing heat and/or sparks. This work includes, but is not limited to, welding, brazing, cutting, grinding, soldering, thawing pipe, torching applied roofing, or chemical welding. 7-7 COOPERATION AND COLLATERAL WORK City forces will perform all shut downs of water, sewer and storm drain facilities as required. The Contractor shall provide the City advanced notice a minimum of seven (7) calendar days prior to the time contractor desires the shutdown these City facilities. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections Page SP 7 of 22 within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. It is the Contractor's responsibility to notify the affected businesses and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours in advance of the water shut down. 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. 7-8.4 Storage of Equipment and Materials 7-8.4.1 General Store products in strict accordance to manufacturer's recommendations. All materials shall be protected from damage and any damaged materials shall be placed at the Contractor's sole expense. Contractor shall maintain work site clean from any debris and other items at the end of each work day. 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. 7-8.5 Sanitary Sewers 7-8.5.2 Sewage Bypass and Pumping Plan The Contractor shall bypass all sewage flows during sewer related construction operations as required. The Contractor shall at all times be responsible for the operation of the bypass system, including furnishing the necessary equipment and making arrangements to obtain power as required. If pumping is required, the Contractor shall provide redundant pumping capabilities to remain on site if the primary system fails. Primary bypass system and backup bypass systems shall be designed to handle 120% of the peak flow as specified by the City. The effluent level in the bypass pumping manhole shall not be allowed to rise more than 1 foot above the crown of the incoming sewer pipe. Plans for bypassing shall be submitted by the Contractor to the City for approval prior to related construction activity, allowing at least 10 working days Page SP 8 of 22 for review and return of comments. Approval by the City does not in any way relieve the Contractor of its responsibilities provided for in this section of any public liability for sewage spills under this Contract. 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 vacuum 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. 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. Page SP 9 of 22 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 and Demobilization: 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. Item No. 2 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, 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 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. Page SP 10 of 22 Item No. 3 Water Service: Work under this item shall include, but not be limited to, all labor, tools, equipment, material, and cost to furnish and install new water service to temporary trailer. This shall include, but not be limited to, furnishing and installing new conduits including fittings, couplings, tees, elbows, bends, unions, nipples, adapters, and related appurtenances; utility boxes or meter boxes, valves, thrust blocks, metallic warning and locator tape, or any materials to make the water service functional and operable; temporary and permanent support and protection of existing utilities, potholing and exposing utilities in advance of work, surveying, construction staking, protecting and restoring existing monuments and other survey items, excavating, controlling ground and surface water, trenching, shoring, bracing, grading, bedding and backfilling, compacting, connecting to existing water facilities, and testing to ensure functionality and operability; restoring surface to match adjacent area and/or all existing improvements damaged by the work, including landscaping and irrigation systems; temporary patching or plating, temporary striping on AC base or leveling course, hauling and disposing of construction waste and excess excavated materials, and all other items to complete the work in place. Item No. 4 Sewer Service: Sewer Service: Work under this item shall include, but not be limited to, all labor, tools, equipment, material, and cost to furnish and install new sewer service from City's main sewer line to temporary trailer. This shall include, but not be limited to, furnishing and installing new conduits including fittings, couplings, elbows, bends, and related appurtenances; sewer cleanout box and cover to grade, or any materials to make the sewer service functional and operable; temporary and permanent support and protection of existing utilities, potholing and exposing utilities in advance of work, surveying, construction staking, protecting and restoring existing monuments and other survey items excavating, controlling ground and service water, trenching, shoring, bracing, grading, bedding and backfilling, compacting, installing temporary by-pass system, connecting to existing sewer facilities; restoring surface to match adjacent area and/or all existing improvements damaged by the work, including landscaping and irrigation systems; temporary patching or plating, temporary striping on AC base or leveling course, hauling and disposing of construction waste and excess excavated materials, and all other items to complete the work in place. 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 Page SP 11 of 22 200-2.1 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 unless shown otherwise on the plans. 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 (20% max RAP). Asphalt concrete base course shall be Type III-B2-PG 64-10 (20% 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 Page SP 12 of 22 All pavement markers shall comply with Section 85 of the State of California Standard Specifications. 214-6.3 Non -Reflective Pavement Markers 214-6.3.1 General All new non -reflective pavement markers Types A and AY shall be ceramic. 214-6.4 Retroreflective Pavement Markers 214-6.4.1 General All retroreflective pavement markers shall be 3M Series 290 with glass -covered faces, or approved equal. 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. Page SP 13 of 22 300-1.3.2 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. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. SECTION 302 - ROADWAY SURFACING 302-1 COLD MILLING OF EXISTING PAVEMENT 302-1.1 General The milled pavement shall be paved with asphalt concrete (base course, leveling course or finish course) on the same day that the cold milling is performed. The limits of work for each working day or night shall extend only as far as both cold milling and placement of asphalt concrete can be completed to assure that no pavement is left milled without placement of asphalt concrete base course, level course or finish course at the end of each work day or night. 302-1.7 Work Site Maintenance In addition to the required motorized street sweepers following the cold milling machine, the Contractor shall provide two (2) additional motorized sweepers for the duration of the grinding and paving operation. 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. 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 Page SP 14 of 22 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. 303-5.5 Finishing 303-5.5.2 Curb 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. 303-5.5.4 Gutter The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan. 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. SECTION 306 — OPEN TRENCH CONDUIT CONSTRUCTION 306-2 DELIVERY, STORAGE, HANDLING, AND PROTECTION OF PIPELINE MATERIALS, FITTINGS, VALVES, AND APPURTENANCES 306-2.7 Shutdowns of Existing Pipelines 306-2.7.3 Temporary Bypasses The Contractor will be responsible for the installation of a temporary by-pass system as described in these special provisions and the plans. The Contractor can commence installation of new mains once the temporary by-pass system is in place and has passed a disinfection test. The Contractor shall have the by- pass line inspected by City personnel prior to commencing the project. Page SP 15 of 22 If at any time, the temporary by-pass water system is damaged, it will be the Contractor's responsibility to repair and replace any damaged or destroyed section to the satisfaction of the City. The Contractor shall adhere to the following special provisions when installing temporary by-pass systems: 1. Water service shall be maintained to all customers at all times except as necessary to install the temporary by-pass system. The Contractor's method of providing such continuous service shall be approved by the City prior to construction. 2. It is recommended that two (2) 2-inch steel by-pass lines shall be installed, one on either side of the alley adjacent to the meter boxes. All temporary piping crossing streets shall be buried and paved flush with the existing surface. 3. The Contractor shall make arrangements with the City's Utilities Division for disinfection, bacteriological testing and certification of the by-pass systems. The Contractor shall be responsible for disinfection and flushing the by-pass systems as well as pulling the bacteriological samples and running the incubations tests for coliform bacteria. 4. The Contractor will then remove meters and connect services to temporary by- pass systems. Upon acceptance by the City of new water mains, after the water services have been reinstalled by the Contractor, the Contractor will disconnect the temporary by-pass system at each service connection and reinstall meters. The temporary water main by-pass system installed at any given time shall not exceed the water services between any single alley section (from local street intersection to local street intersection) unless approved in writing by the City in advance of the work, including specific limits of the proposed by-pass. 306-8 PREFABRICATED PRESSURE PIPE 306-8.9 Pipeline Pressure Testing, Disinfection, and Commissioning The Contractor will be responsible for pressure testing, disinfection and flushing of the new water mains. The Contractor shall adhere to the following special provisions for pressure testing, disinfection and flushing of new water mains and services. 1. Water service shall be maintained to all customers at all times except as necessary to transfer service from the old main to the new main. The Contractor's method of providing such continuous service shall be approved by the City prior to construction. 2. Contractor shall pressure test new main lines including any services prior to disinfection. Page SP 16 of 22 3. The Contractor shall make arrangements with the City's Utilities Division for disinfection, bacteriological testing and certification of the new main and services. The Contractor shall be responsible for disinfection and flushing the main and services as well as pulling the bacteriological samples and running the incubation tests for coliform bacteria. 4. Upon successful completion of the pressure testing and disinfection, the Contractor shall thoroughly flush all mains and services prior to connection to customers. Flushing of services shall be done at the new angle stop and fittings shall be utilized such that the meter box is not flooded by the flushing operation. SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-4.1 General Temporary painted traffic striping and markings shall be lane marking paint applied at 15 mil in one coat, as soon as possible and within 24 hours after the level course, finish course or slurry seal has been placed. The width of the temporary lane line stripes shall be one-half the width of the permanent final stripes. Temporary crosswalks and stop bars stripes shall be full width and shall be placed prior to opening the street to traffic. Tabs and/or "cat -tracking" stripes shall also be placed prior to opening the street to traffic. Tabs and/or "cat -tracking" will not be accepted as temporary striping. Upon completion of AC base or leveling course, temporary striping shall be installed. 314-4.2 Control of Alignment and Layout 314-4.2.1 General The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1 /2 inch in 40 feet. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without proper striping over a weekend or holiday. Stop bars and crosswalks shall not remain unpainted overnight. 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 314-4.4.1 General Page SP 17 of 22 The final reflectorized thermoplastic striping shall not be applied until the finish course pavement or slurry seal has been in place for at least 10 days but no later than 15 days. The thermoplastic shall be applied at 1.5 mm (60 mil) to 2.0 mm (80 mil) thickness for all striping except crosswalks and limit lines which shall be 2.5 mm (100 mil) to 3.0 mm (120 mil) thickness. Striping shall be applied by extrusion method. Sprayable thermoplastic striping shall not be allowed. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, they shall re-stripe/replace such work items at no cost to the City. 314-4.4.2 Surface Preparation Primer shall be applied to concrete surfaces prior to application of thermoplastic striping. The primer shall be formulated for the intended application. The concrete surface shall be roughened along the thermoplastic striping. The width of the roughened concrete surface shall match the width of the striping. 314-5 PAVEMENT MARKERS 314-5.1 General Raised pavement markers shall not be placed until the finish course pavement or slurry seal has been in place for at least 10 days but not later than 15 days. 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 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 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 Page SP 18 of 22 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. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2-inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. After posting temporary "NO -PARKING -TOW AWAY" signs, the Contractor shall cover street sweeping signs and parking meters, on those streets adjacent to the construction with a "PERMIT PARKING ONLY" sign, in a manner approved by the Engineer. The contractor shall also cover all street sweeping signs on the opposite side of the street from where he has posted the "PERMIT PARKING ONLY" signs, in a manner approved by the Engineer. Immediately after construction is complete and the alley is opened to traffic, the Contractor shall remove all signs and uncover the street sweeping signs. City "PERMIT PARKING ONLY" signs are available from the Engineer. In addition to the 10-day and 48-hour notices described above, the Contractor shall hand out two temporary parking permits to each residence adjacent to the alley construction. Temporary parking permits shall be filled out and signed by the Engineer and valid during the period of construction of the adjacent alley only. 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 Page SP 19 of 22 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 submit to the Engineer, at least five working days prior to the pre - construction meeting, a traffic control plan showing typical closures and detour plan(s). Traffic Control plans shall be provided for all phases of work (single lane closure, multiple lane closure, day time work, night time work, etc.). The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Typical closures shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street 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. 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. 6. 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. Page SP 20 of 22 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 be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet with the City Arborist a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The City Arborist will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City Arborist for inspection. Upon inspection, the City Arborist may require the Contractor to formally submit a plan for removing the large roots to the City for review. 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.) b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. Page SP 21 of 22 c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. 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