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HomeMy WebLinkAboutC-9946-1 - Street Pavement Repair Program FY 25-26CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 Before 10:00 AM on the 10'h day of February 2026, at which time such bids shall be opened and read for STREET PAVEMENT REPAIR PROGRAM FY 2025-26 Contract No. 9946-1 $1,127,000.00 Engineer's Estimate Approved James M. Houlihan luty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanvlD=22078 Contractor License Classification(s) required for this project: "A" For further information, call Daniel Jordan, Prolect Manager at (949) 644-3344 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: https://www. newportbeachca. aov/Qovernment/data-h ub/on l ine-services/bids-rfr)s-vendor- registration City of Newport Beach STREET PAVEMENT REPAIR PROGRAM FY 2026-26 Contract No. 9946-1 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES..........................................10 NON -COLLUSION AFFIDAVIT..................................................................... 14 DESIGNATION OF SURETIES...................................................................... 15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................16 ACKNOWLEDGEMENT OF ADDENDA.......................................................................18 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER...........................................................................21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS................................................................. Exhibit C PROPOSAL.............................................................................................................. PR-1 SPECIAL PROVISIONS............................................................................................ SP-1 2 City of Newport Beach STREET PAVEMENT REPAIR PROGRAM FY 2026-26 Contract No. 9946-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: • INSTRUCTIONS TO BIDDERS • BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope before the bid opening) • DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) • CONTRACTOR'S INDUSTRIAL SAFETY RECORD • INFORMATION REQUIRED OF BIDDER • ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) • TECHNICAL ABILITY AND EXPERIENCE REFERENCES (see Section 2-9 of the Special Provisions for additional requirements) • NON -COLLUSION AFFIDAVIT • DESIGNATION OF SURETIES • PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening. The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office before the Bid Opening. The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 3 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 of seq.), the Director of Industrial Relations has ascertainedthe generalprevailing rate of per diem-wages,n 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 (41.6) 703=4774 ;:and requesting one from the Department of Industrial Relations. All parties to the contract. shall be .govemed by all. provisions of the California Labor Code — including, but not.limited to, the requirement to, pay prevailing wage rates (Sections 1770-7981 inclusive). 'A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9.' The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor.Code Apprenticeship,requirements and Section 4100 of seq. of the Public. Contracts Code, "Subletting and Subcontracting Fair Practices`Acr 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may 4 be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been r viewed. 630360; A, C 12 , COREY R. KIRSCHNER - CEO Contractor's License No. & Classification Authorized Signature/Title 1000004798 - EXP. 06/30/2028 2/9/2026 DIR Registration Number & Expiration Date Date ONYX PAVING COMPANY, INC. 5 City of Newport Beach STREET PAVEMENT REPAIR PROGRAM FY 2025-26 Contract No. 9946-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF TOTAL AMOUNT BID-------------- -------------------------- Dollars ($-- -------- 10%--------- ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Street Pavement Repair Program FY 2025-26, Contract No. 9946-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of 6`N06fl a.tion of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it h:, agreed that the death of any such Principal shall not exonerate the Surety from its obligations under `,his Bond. Witness our hands this 5th day of February , 2026. Onyx Paving Company, Inc. Name of Contractor (Principal) Swiss Re Corporate Solutions America Insurance Corporation Name of Surety 1200 MAIN ST. SUITE 800 KANSAS CITY, MO 64105 - 2478 Address of Surety (816) 235-3700 Telephone Authorized Signature/Title P At. thor-ded Agent Signature Zyanya Hernandez. Attorney -in -Fact Print Name and Title =_ x 1973 a dSsij��SS OO .. (Notary acknowledgment of Principal & Surety must be attached) 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ::, C� ,:tit ^cf .Sf..,. ^, ! .:< •_,^c., c.,.ti.^.c.:c t;. ft:�,.`F t s�^� Cx <^._;S;CciSrCs^�Y fScf�Cs x ' <.�,..:t. .. ;. ,. ::`,c ; A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 2/5/2026 before me, Leslie Rocha, Notary Public Date Here Insert Name and Title of the Officer personally appeared of who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is/are subscribed to the within instrument and acknowledged to me that he/sXe/they executed the same in his/her/their authorized capacity(i¢G), and that by his/h:ar/their signature(z) on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. grin ge C"r L'/ 2.4b4949 Ccrn �X7�re4 Ma' 19.:Q:3 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hard and of %iial seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: I Corporate Officer — Title(s): .1 Partner — L_ Limited " I General Individual Attorney in Fact 1 Trustee 1 Guardian or Conservator 'J Other: Signer Is Representing: Signer's Name: -] Corporate Officer — Title(s): L-1 Partner — I Limited 1 General L. Individual Attorney in Fact Li Trustee Guardian or Conservator Other: Signer Is Representing: .X11` C.`cS_,1XX1XLC'-,i.'cy:=:.`U1%t:='w`c<:C'.y<<:r dv.:t;c:t}c:L•c%CCx%t:i%::r%G`c%Gt,.`t%L`c-C:%c.`G<:ccL�.C.t.::''.::`�11c:;.+.:<:<�:c:tXc __ttiC=1c :1c A_11.X__c.:< @2014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CAL-IFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 FEB 0 5 2026 On before me, Albert Melendez Notary Public, personally appeared Zyanya Hernandez who proved to me on the basis of satisfactory evidence to be the person(X) whose name(X) is/aV-e subscribed to the within instrument and acknowledged to me that ke/she/th`Ey executed the same in Kis/hcr/tkir authorized capacity(igs), and that by lAs/licrAl-eir signature(so on the instrument the person(4, or the entity upon behalf of which the person(R) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. ALBERT MELENDEZ # 2 COMM. 543633 W • w!s't m Ih NOr""PUOUC•CALIFORNIq Z n ORANGECOUNN ;,,,.,�� Comm Expires January 13 2 PLACE NOTARY SEAL ABOVE %VITNESS my hand and official seal. SIGNATURE ✓ " Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached document Title or type of document: Document Date: Number of Pages: Signer(s) Other than Named Above: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of I ss. On . 20 before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herttheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. 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 OPTIONAL INFORMATION Date of Document Type or Tide of Document Number of Pages In Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper identification Paperldendficadon Credible Witness(es) Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other. Other Information: (seal) Thumbprint of Signer ❑ Check here if no thumbprint cr fingerprint Is avauable. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of ? Ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(iss), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC•') SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC") WESTPORT INSURANCE CORPORATION ("WIC") GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Aissouri, and having its principal office in the City of Kansas City, Missouri, each does hereby make, constitute, and appoint: ERIK JOHANSSON, JENNIFER ANAYA, MELISSA LOPEZ. CHRISTINA ROGERS, ALBERT MELENDEZ, JOAQUIN PEREZ, JONATHAN BATIN, VANESSA RAMIREZ, ZYANYA HERNANDEZ and JESSICA T. GARCIA JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, fbr and on its behalf and as its act and deed, bonds, consents of surety, or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TVVO HUNDRED MILLION (S200,000,000 00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18"' of November 2021 and WIC by written consent of its Executive Committee dated July 18, 2011: "RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attomcy and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED, that the signature of such officers and the seal ofthe Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Auomey or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." SOLUrlq s 13 "yOLUrlp�; y _„yAt•ci Z��4oi;pbq4 P � w �DD 4ohiyori{�sa-o..idS.I.n.s<.tervl<. ea C&S-1.,vk.rrcrld<.I A - i4�:' •Fig' f•?; or SRCSPIC& Sc.lor vrce Praldrm.fwtc� E A L E S E A L m ,�- i d• •. 973VIyp.1M oa..•os;' By ......... 'S".+' C. id J.equa. Scm•.r . Yrr fmt nt �N( �.Uf L @jn 'Ice Prcrltlegr . • • - of SRCSPIC & S Yroldr.l IN WITNESS WHEREOF, SRCSAIC have caused their official seals to be hereunt- a �cd, and these us be signed by their authorized officers this 11INy of June 20 25 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation County of Cook Westport Insurance Corporation 110 June 25 On this day of 20 . before me, a Notary Public personally appeared David Satorv. Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC, and Gabriel Jacoucz, Senior Vice President of SRCSAIC and Senior Vice President o SRCSPIC and Senior Vice President of WIC, personally known tome, who being by me duly sworn, acknowledged that they signed the above Power of Attorney o -cers oLa0L1 a mowledgcd said instrument to be the voluntary act and deed of their respective co anies. OFFICIAL SEAL KAREN M SZWEDA Notary Public, Stale of Illinois --� Commission No 978628 My Commission Exolres Seplembet 26 2027 wren M. • a. Notary 1, Jcffrcv Goldberg, the duly elected Senior Vice President and Assistant Sccrctar.• of SRCSAIC and SRCSPIC and WIC do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 5th day of February , 20_26__ c ��Irl dberg, Senior 'ice Pres� idetn tt ?C'>KGt m[ Secretary of SRCSAIC and SRCSPIC and WIC City of Newport Beach STREET PAVEMENT REPAIR PROGRAM FY 2025-26 Contract No. 9946-1 DESIGNATION OF SUBCONTRACTOR(S) -AFFIDAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. ONYX PAVING COMPANY, INC. i- COREY R. f(IRSCHNER -CEO Bidder Authorized Signature/Title E City of Newport Beach STREET PAVEMENT REPAIR PROGRAM FY 2025-26 Contract No. 9946-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll Please print or type. Bidder's Name: ONYX PAVING COMPANY, INC. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $150,000, provide the following information: No. 'I Project Name/Number IRVINE CENTER DRIVE PAVEMENT REHABILITATION Project Description STREET IMPROVEMENTS Approximate Construction Dates: From NOV 2024 Agency Name CITY OF IRVINE Contact Person FARHAD BOLOURCHI To: MAY 2025 Telephone (949) 724-6689 Original Contract Amount $7,595,000 Final Contract Amount $ 7,637,050.65 If final amount is different from original, please explain (change orders, extra work, etc.) FIELD QUANTITIES DIFFERED FROM BID SCHEDULE QUANTITIES Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO 10 No. 2 Project Name/Number BID 7994 - 2022/2023 ARTERIAL AND MINOR STREETS MAINTENANCE, PHASE 2 Project Description STREET IMPROVEMENTS Approximate Construction Dates: From AUG 2024 To: FEB 2025 Agency Name CITY OF RIVERSIDE Contact Person STEVE HOWARD Telephone (951) 712-3904 Original Contract Amount $ 4.946.000 Final Contract Amount $ 4,866,359.10 If final amount is different from original, please explain (change orders, extra work, etc.) FIELD QUANTITIES DIFFERED FROM BID SCHEDULE QUANTITIES Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 3 Project Name/Number FY 23-24 LOCAL OVERLAY PAVEMENT REHABILITATIONS PROJECT Project Description STREET IMPROVEMENTS Approximate Construction Dates: From AUG 2024 Agency Name CITY OF RANCHO CUCAMONGA To: OCT 2024 Contact Person ROMEO DAVID Telephone (g0g) 774-4070 Original Contract Amount $ 2,594,000 Final Contract Amount $ 2,646,054.40 If final amount is different from original, please explain (change orders, extra work, etc.) CITY ADD ADDITIONAL CONCRETE AND OVERLAY STREETS Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO 11 No. 4 Project Name/Number ANNUAL ROADWAY RESURFACING PROJECT FY 2022-2023 Project Description CITYWIDE STREET IMPROVEMENTS Approximate Construction Dates: From FEB 2024 To: JUNE 2024 Agency Name CITY OF DANA POINT - 33282 GOLDEN LANTERN, DANA POINT, CA 92629 Contact Person SCOTT FISHER Telephone (760) 814-7226 Original Contract Amount $3.065.000Final Contract Amount $ 3,408,313.69 If final amount is different from original, please explain (change orders, extra work, etc.) CITY ADDED REBAR TO ALL CONCRETE SPANDRELS AND CROSS GUTTERS. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 6 Project Name/Number 22-23 ANNUAL ASPHALT CONCRETE OVERLAY PROJECT Project Description CITYWIDE STREET IMPROVEMENT Approximate Construction Dates: From SEP 2023 To: MAR 2024 Agency Name CITY OF EASTVALE Contact Person CHUCK STAGNER Telephone (714) 925-4628 Original Contract Amount $5,858,000 Final Contract Amount $ 5,998.000 If final amount is different from original, please explain (change orders, extra work, etc.) CHANGE ORDER WORK FOR ADDITIONAL SCOPE OUTSIDE OF PROJECT LIMITS. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO 12 No. 6 Project Name/Number 2021-2022 PAVEMENT REHABILITATION PROJECT Project Description VARIOUS PAVEMENT REHABILITATION & CONCRETE IMPROVEMENTS Approximate Construction Dates: From NOV 2022 Agency Name CITY OF ARCADIA To: MARCH 2O23 Contact Person JAN BALANAY Telephone (626) 254-2726 Original Contract Amount $1,727,000 Final Contract Amount $ 1,899,698.72 If final amount is different from original, please explain (change orders, extra work, etc.) CHANGE ORDER WORK FOR ADDITIONAL SCOPE OUTSIDE OF PROJECT LIMITS. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. ONYX PAVING COMPANY, INC. Bidder 13 COREY R. KIRSCHNER - CEO Authorized Signature/Title City of Newport Beach STREET PAVEMENT REPAIR PROGRAM FY 2025-26 Contract No. 9946-1 NON -COLLUSION AFFIDAVIT State of California ) ss. County of ORANGE ) COREY R. KIRSCHNER being first duly sworn, deposes and says that he or she is CEO of ONYX PAVING COMPANY. INC. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. 0 ONYX PAVING COMPANY, INC Bidder f./ COREY R. KIRSCHNER - CEO Authorized Signature/Title Subscribed and sworn to (or affirmed) before me on this OTH day of FEBRUARY , 2026 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ***SEE ATTACHED NOTARY JURAT*** Notary Public [SEAL] My Commission Expires: 14 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 tY^^A.c'C.�e°l:cK`c.�.r.(rc;Y:.FYI.rt^.e'`C.i'K•`,��f'.c1ai'�C',[�C'ASK'.e`(9f"4>.E^<•Se'C.[�!'.c;�1c�C,eK:�`.��C`.c�C:.e:!',c�C.c�G'.e':(3cK•`.cl`,eY`.c:<•`.cK`.i`CS£.C'KY'.�.�!�.S'.LY'dii'�Y'd x❑ See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) 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 Oranae LESLIE ROCHA �Notary Pubifc - California R I r O�anBe County � My Commission # 2484949 Carr. Ex7rres !gar 19. 2029 Subscribed and sworn to (or affirmed) before me on this 9 day of FEBRUARY , 20 26 by Date Month Year (1) C-00.1 2. V�,i 4%Gy11fw (and (2) ), Names) of Signer(f ) proved to me on the basis of satisfactory evidence to be th(s) who appeared before me. Signaturee per nON4� Signature of Notary Public Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: . :r - ._ ^zc�ec:c^csu cVc.z�c�cv csccv+c^c vez�r,c-c. c^ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 City of Newport Beach STREET PAVEMENT REPAIR PROGRAM FY 2025-26 Contract No. 9946-1 DESIGNATION OF SURETIES Bidder's name ONYX PAVING COMPANY, INC. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION 1200 MAIN ST., SUITE 800 KANSAS CITY, MO 64105 213-457-6195 THE BALDWIN GROUP, LLC 15901 Red Hill Avenue, Suite 202 Tustin, California 92780 714-505-7011 15 City of Newport Beach STREET PAVEMENT REPAIR PROGRAM FY 2025-26 Contract No. 9946-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name ONYX PAVING COMPANY, INC. Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2025 2024 2023 2022 2021 Total 2026 No. of contracts 11 97 124 139 132 89 592 Total dollar Amount of Contracts (in 7,771 132 876 � 150,319 108,532 83,134 42 805 525 ,437 Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 3 2 1 0 2 8 No. of lost workday cases 0 0 0 0 0 0 0 involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder ONYX PAVING COMPANY, INC. Business Address: 22707 LA PALMA AVE, YORBA LINDA, CA 92887 Business Tel. No.: State Contractor's License No. and Classification: 714-632-6699 630360; A, C12 Entity Type: CORPORATION The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date 2/9/2026 Title COREY R. KIRSCUNE Signature of bidder Date 2/9/2026 Title JAY KIR� Signature of bidder Date Title Signature of bidder Date Title CEO HNER - VP, SEC, TREAS. Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 CALIFORNIA• • • • -W- ,A A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 2/9/2026 before me, Leslie Rocha, Notary Public Date Here Insert Name and Title of the Officer personally appeared fT who proved to me on the basis of satisfactory evidence to be the person(s) whose name(8j is/aye subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in his/her/their authorized capacity(i(,fi), and that by hisftmr/their signature(z) on the instrument the person(R), or the entity upon behalf of which the person(s) acted, executed the instrument. LESUE ROCHA :�. Necaryr-,aiic • Cadiorma s: 0,.=.nge County Commission # 2484949 Un"y Corn. Expires Mal 15. P_.. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES ahai�iffi i I seal. Signatur Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited -'i General ❑ Individual U Attorney in Fact ❑ Trustee EI Guardian or Conservator n Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — CI Limited L- General ❑ Individual 1; Attorney in Fact ❑ Trustee 'A Guardian or Conservator -7 Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 2/9/2026 before me, Leslie Rocha, Notary Public Date Here Insert Name and Title of the Officer personally appeared of who proved to me on the basis of satisfactory evidence to be the person(g) whose name(g) is/aye subscribed to the within instrument and acknowledged to me that he/sbfe/they executed the same in his/her/their authorized capacity(ies), and that by his/hor/their signature(g) on the instrument the person(sr), or the entity upon behalf of which the person(s) acted, executed the instrument. LESLIE RCCHA Notary Public • California orarge Counry y \ ° Ux—,,ISSion a 2484949 ` M f Ccrr 'XW1?s Mar 19, 202 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h and Q#ts'al seal. Signatur Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: :D Corporate Officer — Title(s): ❑ Partner — ❑ Limited Cl General ❑ Individual CJ Attorney in Fact El Trustee _1 Guardian or Conservator Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — I 1 Limited ❑ General ❑ Individual 1 Attorney in Fact ❑ Trustee i _-' Guardian or Conservator (-1 Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach STREET PAVEMENT REPAIR PROGRAM FY 2025-26 Contract No. 9946-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name ONYX PAVING COMPANY, INC. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature N/A N/A REY R. KIRSCHNER -CEO 18 City of Newport Beach STREET PAVEMENT REPAIR PROGRAM FY 2025-26 Contract No. 9946-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: CORPORATION Business Address: 22707 LA PALMA AVE, YORBA LINDA, CA 92887 Telephone and Fax Number: 714-238-1444 California State Contractor's License No. and Class: 630360; A, C12 (REQUIRED AT TIME OF AWARD) Original Date Issued:10/19/1990 Expiration Date:10/31/2027 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: JOHN GARCIA - FIELD SUPERINTENDENT The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone COREY R KIRSCHNER -CEO 22707 LA PALMA AVE, YORBA LINDA, CA 92887 714-632-6699 ANTHONY STEEN - PRES. 22707 LA PALMA AVE, YORBA LINDA, CA 92887 714-632-6699 RICHARD DEVOS - CFO 22707 LA PALMA AVE, YORBA LINDA, CA 92887 714-632-6699 JAY KIRSCHNER - VP, SEC, TREAS. 22707 LA PALMA AVE, YORBA LINDA, CA 92887 714-632-6699 Corporation organized under the laws of the State of CALIFORNIA 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: ONYX PAVING COMPANY, INC. For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. N/A Have you ever failed to complete a project? If so, explain. N/A 20 For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for !,aNr compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No Are any claims or actions unresolved or outstanding? Yes No If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. ONYX PAVING COMPANY, INC. Bidder COREY R. KIRSCHNER (Print name of Owner or President of Cor oration/Company) Authorized Signature/Title CEO Title 2/9/2026 Date On 2/9/2026 before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ***SEE ATTACHED NOTARY ACKNOWLEDGEMENT` (SEAL) Notary Public in and for said State My Commission Expires: 21 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 2/9/2026 before me, Leslie Rocha Notary Public Date Here Insert Name and Title of the Officer personally appeared Name(o of Sign who proved to me on the basis of satisfactory evidence to be the person(g) whose narne(x) is/ay-- subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in his/I•cer/their authorized capacity(ies), and that by his/h:ar/their signature(g) on the instrument the person(sr), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha and off' ;ial seal. Notary Public •California orange County �*£ Commission; 2484949 a SI nature my Comm. Expires roar t 9. 202 g — — '- Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — -1 Limited I General ❑ Individual 71 Attorney in Fact ❑ Trustee 7 Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: CI Corporate Officer — Title(s): El Partner — U Limited Lj General L_I Individual ❑ Attorney in Fact ❑ Trustee 0 Guardian or Conservator • Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach STREET PAVEMENT REPAIR PROGRAM FY 2026-26 Contract No. 9946-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 STREET PAVEMENT REPAIR PROGRAM FY 2025-2026 CONTRACT NO. 9946-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 10th day of March, 2026 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ONYX PAVING COMPANY, INC., a California corporation ("Contractor"), whose address is 22707 La Palma Avenue, Yorba Linda, CA 92887, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: distribute construction notices to affected businesses and residents; provide surveying services and replace disturbed survey markers; implement traffic control for construction; implement BMP plan; cold mill existing asphalt concrete pavement, compact subgrade, and reconstruct asphalt concrete roads; adjust manhole covers to grade; remove existing and install new manhole covers to grade; remove existing and install new water valve, sewer cleanouts, and survey monument boxes; remove and dispose nuisance tree roots; install temporary painted traffic striping, thermoplastic traffic striping, traffic signs, pavement markings and raised pavement markers; coordinate with utility owners to have their facilities repaired and/or raised to grade; provide as -built drawings; and other incidental items as required by the Plans and Specifications (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 9946-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Million Eighty Two Thousand Dollars and 00/100 ($1,082,000.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Corey Kirschner to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. ONYX PAVING COMPANY, INC. Page 2 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, CA 92660 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Corey Kirschner Onyx Paving Company, Inc. 22707 La Palma Ave Yorba Linda, CA 92887 ONYX PAVING COMPANY, INC. Page 3 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. ONYX PAVING COMPANY, INC. Page 4 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES 14.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to be done according to the Contract by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774 and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations, and the parties agree that the City shall not be liable for any violation thereof. 14.2 If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, Contractor and subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660, and are available to any interested party on request. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract ONYX PAVING COMPANY, INC. Page 5 Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless ONYX PAVING COMPANY, INC. Page 6 of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. ONYX PAVING COMPANY, INC. Page 7 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. ONYX PAVING COMPANY, INC. Page 8 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorneys Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] ONYX PAVING COMPANY, INC. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Z 11 tyz G By: Aa rC C. Harp City Attorney ATTEST: Date: 3 // oZOZC By: Lena Shumway City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: 3 .Ll VIZ 20 L G By: Lauren Kleiman Mayor CONTRACTOR: ONYX PAVING COMPANY, INC., a California corporation Date: Signed in Counterpart Bv: Corey Kirschner Chief Executive Officer Date: Signed in Counterpart By: Jay Kirschner Secretary and Treasurer [END OF SIGNATURES] Attachments: Exhibit A — Labor and Materials Payment Bond Exhibit B — Faithful Performance Bond Exhibit C — Insurance Requirements ONYX PAVING COMPANY, INC. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEYS OFFICE Dater �IR,/-?. CITY OF NEWPORT BEACH, a California municipal corporation Date: By:_ By: A n C. Harp �, VA . �� �� Lauren Kleiman City Attorney Mayor ATTEST: CONTRACTOR: ONYX PAVING Date: _ COMPANY, INC., a California corporation Date: W 26 By: By: Lena Shumway Corey Kirschner City Clerk Chief Executive Officer Date: Feb 23r'j„ 2D26 By:_ Jay Sec aliner ry and Treasurer [END OF SIGNATURES] Attachments: Exhibit A — Labor and Materials Payment Bond Exhibit B — Faithful Performance Bond Exhibit C — Insurance Requirements ONYX PAVING COMPANY, INC. Page 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On February 23, 2026 before me, David Wiltfong, Notary Public Date Here Insert Name and Title of the Officer personally appeared Corey Kirschner Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(x) whose name(x) is/aye subscribed to the within instrument and acknowledged to me that he/sKe/they executed the same in his/her/th)eir authorized capacity(iec), and that by his/hxr/their signature(o on the instrument the person(g), or the entity upon behalf of which the person(s) acted, executed the instrument. *my DAVID WILTFONG Notary Public • California orange County Commission # 2536462 Comm. Expires Oct 24, 2029 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. GtIv Signature CU- Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: 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 or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.Nationa[Notary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On February 23. 2026 before me, David Wiltfong, Notary Public Date Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s5) is/ale subscribed to the within instrument and acknowledged to me that he/sKe/tlley executed the same in his/her/their authorized capacity(iefi), and that by his/Inmr/their signature( on the instrument the person(, 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. DAVIDWILTFONG WITNESS my hand and official seal. la llotary Public • California Orange CountyCommission # 2536462 Signature My Comm. Expires Oct 24, 2029 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ORIGINAL ISSUED IN DUPLICATE EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 2369344 / SPA150329124 LABOR AND MATERIALS PAYMENT BOND Bond No. 2369344 / SPA1 50329124 Premium Included In Cost of the Performance Bond WHEREAS, the City of Newport Beach, State of California, has awarded to ONYX PAVING COMPANY, INC. hereinafter designated as the "Principal;' a contract for the Street Pavement Repair Program FY 2025-2026 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. merica Insurance NOW, THEREFORE, We the undersigned Principal, and,Corpoat n&SiCorpornusPointte tAmeions ri aInsuranceCompany duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Million Eighty Two Thousand Dollars and 001100 ($1,082,000.00) 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 et seq. of the Civil Code of the State of California. ONYX PAVING COMPANY, INC. Page A-1 And Surety, for value received, hereby stipulates and agreesthat 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 23rd day of February , 2026. Onyx Paving Company, Inc. Name of Contractor (Principal) Swiss Re Corporate Solutions America Insurance Corporation & SiriusPoint America Insurance Company Name of Surety 1200 Main St. Suite 800, Kansas City, MO 64105-2478 1 World Trade Center, 285 Fulton, Street, 47th Floor, Suite 47J, New York, NY 10007 Address of Surety (816) 235-3700 / (212) 312-2500 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:_ qI 4 By.O."d, L AaIlon C. Harp City Attorney 0 Cor k rsd h P res1�4, P Authorized Signature/Title A o ized gent Signature Zyanya Hernandez, Attorney -in -fact Print Name and Title ,,,,.i.n.i�i,,,, ,title I Ii�n�iq CS(J A J ' , ', C-jo�G�FtP Sor`Ao gateb SEAL�� L .m-_�; 1979 NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED ONYX PAVING COMPANY, INC. Page A-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On February 23. 2026 before me, David Wiltfong, Notary Public Date Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(8) is/axe subscribed to the within instrument and acknowledged to me that he/slice/they executed the same in his/her/their authorized capacity(i(e), and that by his/hxr/their signature(g) on the instrument the persona), or the entity upon behalf of which the person(s) acted, executed the instrument. y� oo'hf DAVID WILTFONO Notary Public • California = Orange County ' _ Commission p 2536462 r LIF..09" My Comm, Expires Oct 24, 2029 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature NA( Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): El Partner — ❑ Limited ❑ General El Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 Orange j FEB 117026 On , before me, Albert Melendez Notary Public, personally appeared Zyanya Hernandez who proved to me on the basis of satisfactory evidence to be the person(K) whose name(A) is/ate subscribed to the within instrument and acknowledged to me that bye/she/tl*y executed the same in hxs/her/tl#eir authorized capacity(ixs), and that by Ms/her/their signature(so on the instrument the person(g), or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. ALBERT MELENDEZ COMM. # 2543633 m WITNESS my hand and official seal. W NOTARY PUBLIC j CALIFORNIACALtFORC"1 ORANGE COUNTY �- My COMM Expires January 2Z 2030 SIGNATURE PLACE NOTARY SEAL ABOVE Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached document Title or type of document: Document Date: Number of Pages: Signer(s) Other than Named Above: SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC") WESTPORT INSURANCE CORPORATION ("WIC') GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized tinder the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint: ERIK JOHANSSON, JENNIFER ANAYA, MELISSA LOPEZ, CHRISTINA ROGERS, ALBERT MELENDEZ JOAQUIN PEREZ, JONATHAN BATIN, VANESSA RAMIREZ, ZYANYA HERNANDEZ and CHRISTINE STRADFORD JOINTLY OR SEVERALLY Its trite and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWO HUNDRED MILLION ($200,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings drily called and held on the 18th of November 2021 and WIC by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to anv bond, undertaking or contract of surety to which it is attached." „.�..,,,,,,,, By .............. ,,,,,,, jr yo�J�OFiP0Rg Sys°a :SOJS\PP RFgiFR�Ys' S• S E A L • •I C CT Erik Janssens, Senior Vice President of SRCSAIC & Senior Vice President L�l, V E A L of SRCSPIC & Senior Vice President of WIC .� 0bss'���sa,/,,S, sA/SSOO.\*�a°,1 By_ Gerald Jagrowski, Vice President ofSRCSAIC& Vice President ofSRCSPIC & Vice President of WIC IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 10 day of NOVEMBER , o 22 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation County of Cook ss Westport Insurance Corporation On this 10 day of NOVE M BER 20 22 , before me, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski , Vice President of SRCSAIC and Vice President of SPCSPIC and Vice President of WIC, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. =0FROLdLNISCO OF 11.NM &Th M2ffi61 c ca wrQAuoLO I, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in fall force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 23rd day of February 12026 Jeffrey Goldberg, Senior Vice President & Assistant Secretary of SRCSAIC and SRCSPIC and WIC POWER OF ATTORNEY PERTAMOI 0823 SIRIUSPOINT AMERICA INSURANCE COMPANY NEW YORK KNOW ALL MEN BY THESE PRESENTS: That SidusPoint America Insurance Company (the "Company"), a New York corporation, having its principal office in the City of New York, pursuant to the following Resolution, which was adopted on August 27,2024 by Unanimous Written Consent of the Board of the Directors of the Company, to wit: RESOLVED, that the President, Senior Vice President, Chief Financial Officer, Secretary or the Assistant Secretary is hereby authorized to execute Powers of Attorney appointing as attomeys-in-fact selected employees of certain surety companies who shall have the power for and on behalf of the Company to execute and affix the seal of the Company to surety contracts as surety. Such authority can be executed by use of facsimile signature. Does hereby nominate, constitute and appoint: Albert Melendez, Christina Rogers, Erik Johanson, Jennifer Anaya, Joaquin Perez, Melissa Lopez, Yu Cheng Chiang, Frederic M. Archerd, Jr., Mary Martha Langley, Jonathan Batin, Vanessa Ramirez, Zyanya Hernandez, Christine Stradford Its true and lawful agent and attomey-in-fact, to make, execute, seal and deliver for and on its behalf, and its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship (NOT INCLUDING bonds without a fixed penalty or financial guarantee) and to bind the Company thereby as fully and to the same extent as of same were signed by the duly authorized officers of the Company, provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $63,971,000 single bond limit All acts of said attorneys -in -fact pursuant to the authorities herein given are hereby ratified and confirmed. The President, Senior Vice President, Chief Financial Officer, Secretary or Assistant Secretary may from time to time and at any time remove such appointee and remove the power given to him or her. The execution of such bonds or undertakings in pursuance of these presents, within one year of the date of these present, shall be binding under said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in New York, New York, in their own proper persons. IN WITNESS WHEREOF, SiriusPoint America Insurance Company has caused its corporate seal to be hereunto affixed and these presents to be signed by its President this tenth day of October, 2024. SiriusPoint America Insurance Company SEAL o .C) 1979 er a = State of New York "'•�ia;� Y ...�,,�� Paul Mihulka County of New York President On this tenth day of October 2024, before me a Notary Public of the State of New York, in and for the County of New York, duly commissioned and qualified, came Paul Mihulka, President, of SiriusPoint America Insurance Company, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and acknowledged the execution of the same, and being by me duly swom, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal. SUSAN HISCGCK Notary Public - State of New Yank No. of Hlea+aw� /Notary Public Qualified in Richmond County : My Commixsion Expires Dec 5, My Commission expires STATE OF New York COUNTY OF New York I, Paul Mihulka, President of SiriusPoint America Insurance Company, a New York corporation, do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney, is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 23rd day of February 12026 Ck INSU.p''�,, Q4oRq '' .y SEAL n° 1979 �, , Paul Mihulka .yo ,.; President SURETY *J- APPLIED UNDERWRITERS w[ 10805 Old Mill Road Omaha, NE 68154 September 6, 2023 Bond Obligees Project Owners General Contractors RE: Digital Seal Authority and Enforceability Notice To whom it may concern: The use of an electronic image of the corporate seal of Siriuspoint America Insurance Company (the "Digital Seal"), and the attachment of the Digital Seal to any surety bond issued by Siriuspoint America Insurance Company is authorized by the company. Siriuspoint America Insurance Company acknowledge and agree that the Digital Seal may be affixed to any authorized Surety bond approved by Applied Surety Underwriters, and relied upon to the same extent as if a raised corporate seal was attached to the bond. Delivery of a digital copy of this Digital Seal Authority and Enforceability Notice, executed electronically, to an Obligee or Obligee's representative, shall constitute effective execution and delivery of this notice and shall have the same legal effect as a delivery of a tangible original of the notice with my original "wet" signature. If you require further verification you may email our Home Office Underwriting Center at i nfo(a-D.surety.auw.com In Witness Whereof, this has been executed bythe President, Applied Surety Underwriters for Siriuspoint America Insurance Company. SEAL. 4 f979 4 Thank you for your continued business. Sincerely, Joshua C. Betz President, Applied Surety Underwriters ORIGINAL ISSUED IN DUPLICATE EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 2369344 / SPA150329124 FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: Bond No. 2369344 / SPA1 50329124 Premium: $8,116.00 Subject to Change Based On the Final Contract Price THAT WHEREAS, the City of Newport Beach, (hereinafter referred to as "City") has awarded to ONYX PAVING COMPANY, INC., (hereinafter referred to as the "Contractor') an agreement for the Street Pavement Repair Program FY 2025-2026 (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated March 10, 2026, (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, the undersigned Contractor and Swiss Re Corporate Solutions America Insurance Corporation & SinusPoint America Insurance Company as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of One Million Eighty Two Thousand Dollars and 001100 ($1,082,000.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, their or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, their respective officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold ONYX PAVING COMPANY, INC. Page B-1 good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or H. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does ONYX PAVING COMPANY, INC. Page B-2 hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 23rd day of February , 2026. Onyx Paving Company, Inc. Name of Contractor (Principal) Swiss Re Corporate Solutions America Insurance Corporation & SiriusPoint America Insurance Company Name of Surety 1200 Main St. Suite 800, Kansas City, MO 64105-2478 1 World Trade Center, 285 Fulton, Street, 47th Floor, Suite 47J, New York, NY 10007 Address of Surety (816) 235-3700 / (212) 312-2500 Telephone (Attach Attomey-in-Fact Certificate) Authorized Signature/Title ... L..r L'54 0 �Mwlmm- Zyanya Hernandez, Attorney -in -Fact Print Name and Title "S�AMFR/c''% C1A'INS�I,p'., 0� orate yQ'{`'QOT,19��j SEAL SEAL 1979 i0f 1973 `a s..............',� t' ,,rrr'srrnn*w,n�t`��``` The rate of premium on this bond is $7.50 per thousand. The total amount of premium charges is $ $8,116.00 / Subject to Change Based on the Final Contrapt Price (The above must be filled in by corporate attorney.) Any claims under this bond may be addressed to: (Name and Address of Surety or The Baldwin Group West, LLC Agent for Service in California) 1591 Red Hill Avenue, Tustin, CA 92780 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:/a� �� Z By: Aa n C. Harp 96 - Li Lp �Z3 City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED ONYX PAVING COMPANY, INC. Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On February 23. 2026 before me, David Wiltfong, Notary Public Date Here Insert Name and Title of the Officer personally appeared Corey Kirschner Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(Isj is/axe subscribed to the within instrument and acknowledged to me that he/sKe/they executed the same in his/her/their authorized capacity(i-m), and that by his/hor/their signature(g) on the instrument the person(sr), 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. �> DAVID WILTFONG Notary Public • California § = Orange County AX y Commission N 2536462 Signature LIFO PM\* My Comm. Expires Oct 24, 2029 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 Orange j On FEB 131026 , before me, Albert Melendez Notary Public, personally appeared _ zyanya Hernandez who proved to me on the basis of satisfactory evidence to be the person(x) whose name(A) is/ate subscribed to the within instrument and acknowledged to me that bie/she/tlty executed the same in his/her/t&ir authorized capacity(ixs), and that by lAs/her/their signature(so on the instrument the person(x), or the entity upon behalf of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. ry... ALBERT MELENDEZ '-' COMM. # 2543633 Z N07AAY FUBUC • CALIFORNIA WITNESS my hand and official seal. 4 Z �• n 1 ORANGE COUNTY �- My Cemm Expires January 23. 2mo SIGNATURE PLACE NOTARY SEAL ABOVE Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached document Title or type of document: Document Date: Signer(s) Other than Named Above: Number of Pages: SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC") WESTPORT INSURANCE CORPORATION ("WIC') GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint: ERIK JOHANSSON, JENNIFER ANAYA, MELISSA LOPEZ, CHRISTINA ROGERS, ALBERT MELENDEZ JOAQUIN PEREZ, JONATHAN BATIN, VANESSA RAMIREZ, ZYANYA 14ERNANDEZ and CHRISTINE STRADFORD JOINTLY OR SEVERALLY Its taste and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWO HUNDRED MILLION ($200,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to anv bond, undertaking or contract of surety to which it is attached." pNS We, �. ` (\ONS PRE4f, •,. • µ' _ , .. _ . .oP0Rq'�25%.QPORq. Rays,,, F By �• S E A L •••I_ Erik Janssens, Senior Vice President of SRCSAIC &Senior Vice President's y S E A L •I ? ° �' • n? of SRCSPIC &Senior Vice President of WIC �gq •.a 1973 'o„S ..... • N�� � ` '�'ss��d7Ss*," r10��•` y Gerald Jagrowski, Vice President of SRCSAIC & Vice President orSRCS PIC iun a„p�N & Vice President of WIC IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this IO day of NOVEMBER 20 22 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation County of Cook ElWestport Insurance Corporation On this 10 day of NOVEM BER , 20 22 , before me, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Ja rg owski , Vice President of SRCSAIC and Vice President of SPCSPIC and Vice President of WIC, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. s�1NA MAMSCO L:10:F_FICLAL BLIC, STATE OF RIMM000 Expir4 Metrh a 14Pi C6ri M WvA/ia✓ Ld I, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still irLflill force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 23rd day of February 20 Jeffrey Goldberg, Senior Vice President & Assistant Secretary of SRCSAIC and SRCSPIC and WIC POWER OF ATTORNEY PERTAM01 0823 SIRIUSPOINT AMERICA INSURANCE COMPANY NEW YORK KNOW ALL MEN BY THESE PRESENTS: That SiriusPoint America Insurance Company (the "Company"), a New York corporation, having its principal office in the City of New York, pursuant to the following Resolution, which was adopted on August 27,2024 by Unanimous Written Consent of the Board of the Directors of the Company, to wit: RESOLVED, that the President, Senior Vice President, Chief Financial Officer, Secretary or the Assistant Secretary is hereby authorized to execute Powers of Attorney appointing as attorneys -in -fact selected employees of certain surety companies who shall have the power for and on behalf of the Company to execute and affix the seal of the Company to surety contracts as surety. Such authority can be executed by use of facsimile signature. Does hereby nominate, constitute and appoint: Albert Melendez, Christina Rogers, Erik Johansson, Jennifer Anaya, Joaquin Perez, Melissa Lopez, Yu Cheng Chiang, Frederic M. Archerd, Jr., Mary Martha Langley, Jonathan Batin, Vanessa Ramirez, Zyanya Hernandez, Christine Stradford Its true and lawful agent and attomey-in-fact, to make, execute, seal and deliver for and on its behalf, and its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship (NOT INCLUDING bonds without a fixed penalty or financial guarantee) and to bind the Company thereby as fully and to the same extent as of same were signed by the duly authorized officers of the Company, provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $63,971,000 single bond limit All acts of said attorneys -in -fact pursuant to the authorities herein given are hereby ratified and confirmed. The President, Senior Vice President, Chief Financial Officer, Secretary or Assistant Secretary may from time to time and at any time remove such appointee and remove the power given to him or her. The execution of such bonds or undertakings in pursuance of these presents, within one year of the date of these present, shall be binding under said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in New York, New York, in their own proper persons. IN WITNESS WHEREOF, SiriusPoint America Insurance Company has caused its corporate seal to be hereunto affixed and these presents to be signed by its President this tenth day of October, 2024. p Ws�j SiriusPoint America Insurance Company °-. SEAL 1979 State of New York �I Y�4',ya, Paul Mihulka County of New York S„ * President un""0 On this tenth day of October 2024, before me a Notary Public of the State of New York, in and for the County of New York, duly commissioned and qualified, came Paul Mihulka, President, of SiriusPoint America Insurance Company, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal. - SUSAH HIXDCK Notary Public' State of New York too. otHl6444797 -"Notary Public qualified in Richmond County /�,, My Commission Expires Dec 5, 2026 My Commission expires ACC, g aQ�� STATE OF New York COUNTY OF New York I, Paul Mihulka, President of SiriusPoint America Insurance Company, a New York corporation, do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney, is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Sea] of said Company, on the 23rd day of February 12026 `,,ppum G O S.. p� �T 0 SEAL n= 1979 Paul Mihulka President SURETY *J- APPLIED UNDERWRITERS 4k 10805 Old Mill Road Omaha, NE 68154 September 6, 2023 Bond Obligees Project Owners General Contractors RE: Digital Seal Authority and Enforceability Notice To whom it may concern: The use of an electronic image of the corporate seal of Siriuspoint America Insurance Company (the "Digital Seal"), and the attachment of the Digital Seal to any surety bond issued by Siriuspoint America Insurance Company is authorized bythe company. Siriuspoint America Insurance Company acknowledge and agree that the Digital Seal may be affixed to any authorized Surety bond approved by Applied Surety Underwriters, and relied upon to the same extent as if a raised corporate seal was attached to the bond. Delivery of a digital copy of this Digital Seal Authority and Enforceability Notice, executed electronically, to an Obligee or Obligee's representative, shall constitute effective execution and delivery of this notice and shall have the same legal effect as a delivery of a tangible original of the notice with my original "wet" signature. If you require further verification you may email our Home Office Underwriting Center at i nfo(a-)su rety. auw. com In Witness Whereof, this has been executed bythe President, Applied Surety Underwriters for Siriuspoint America Insurance Company. Thank you for your continued business. Sincerely, Joshua C. Betz President, Applied Surety Underwriters EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California. 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. 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 and employees. 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 operations aggregate. The policy shall cover liability arising from bodily injury, property damage, products -completed operations, personal and ONYX PAVING COMPANY, INC. Page C-1 advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 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. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees, or shall specifically allow Contractoror others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess/umbrella liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as additional insureds under such policies. ONYX PAVING COMPANY, INC. Page C-2 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 and employees. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed 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 sixty (60) 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. ONYX PAVING COMPANY, INC. Page C-3 C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit 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. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self - insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. 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. ONYX PAVING COMPANY, INC. Page C-4 H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. I. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work. 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. ONYX PAVING COMPANY, INC. Page C-5 i I I U c J OC aS 4� C _ ar a7 C W � CL © fti E �L �n it U c rL c_ ca J f� c71 N U I E E C5 C7 z < 1 We�7 O. V 4 Err Ell 00 a k U. 1, ti c e C q` c -1 Lco Stl x c4'Vi Q N U o i i ws 1 � I a au la o a�i w ` g' m a+ U u p Ln ca City of Newport Beach STREET PAVEMENT REPAIR PROGRAM FY 2025-26 Contract No. 9946-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Councilmembers: The undersigned declares that the Contractor has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 9946-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: 2/9/2026 Date 714-632-6699 Bidder's Telephone and Fax Numbers 630360; A, C 12 Bidder's License No(s). and Classifications) 1000004798 DIR Registration Number Bidder's email address ONYX PAVING COMPANY, INC. Bidder �'"� / COREY R. KIRSCHNER - CEO Bidders Authorized Signature and Title 22707 LA PALMA AVE, YORBA LINDA, CA 92887 Bidder's Address BIDS@ONYXPAVING.COM C CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS STREET PAVEMENT REPAIR PROGRAM FY 2025-26 PROJECT NO. 26R03 CONTRACT NO. 9946-1 PART 1 -GENERAL PROVISIONS 1 SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-3 SUBCONTRACTS 2-3.1 General 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 5-4 RELOCATION 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 4 4 5 5 5 5 5 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6 6-1.1 Construction Schedule 6 6-7 TIME OF COMPLETION 6 6-7.1 General 6 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 7 6-9 LIQUIDATED DAMAGES 8 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 8 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 8 7-1.2 Temporary Utility Services 8 7-2 LABOR 8 7-2.2 Prevailing Wages 8 7-4 REMOVAL AND DISPOSAL OF MATERIAL 9 7-7 COOPERATION AND COLLATERAL WORK 9 7-8 WORK SITE MAINTENANCE 9 7-8.1 General 9 7-8.4 Storage of Equipment and Materials 9 7-8.4.2 Storage in Public Streets 9 7-8.6 Water Pollution Control 10 7-8.6.2 Best Management Practices (BMPs) 10 7-10 SAFETY 10 7-10.3 Haul Routes 10 7-10.4 Safety 10 7-10.4.1 Work Site Safety 10 7-10.5 Security and Protective Devices 11 7-10.5.3 Steel Plate Covers 11 SECTION 9 - MEASUREMENT AND PAYMENT 11 9-2 LUMP SUM WORK 11 9-3 PAYMENT 11 9-3.1 General 11 9-3.2 Partial and Final Payment. 14 PART 2 - CONSTRUCTION MATERIALS 14 SECTION 200 — ROCK MATERIALS 14 200-2 UNTREATED BASE MATERIALS 14 200-2.1 General 14 SECTION 203 — BITUMINOUS MATERIALS 14 203-6 ASPHALT CONCRETE 15 203-6.5 Type III Asphalt Concrete Mixtures 15 SECTION 214 —TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 15 214-4 PAINT FOR STRIPING AND MARKINGS 15 214-4.1 General 15 214-6 PAVEMENT MARKERS 15 214-6.3 Non -Reflective Pavement Markers 15 214-6.3.1 General 15 214-6.4 Retroreflective Pavement Markers 15 214-6.4.1 General 15 PART 3 - CONSTRUCTION METHODS 15 SECTION 300 - EARTHWORK 15 300-1 CLEARING AND GRUBBING 15 300-1.3.1 General 15 SECTION 302 - ROADWAY SURFACING 16 302-1 COLD MILLING OF EXISTING PAVEMENT 16 302-1.1 General 16 302-1.7 Work Site Maintenance 16 302-5 ASPHALT CONCRETE PAVEMENT 16 302-5.1 General 302-5.4 Tack Coat 302-5.8 Manholes (and Other Structures) 16 17 17 SECTION 314—TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 17 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 17 314-2.1 General 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 18 314-4.4.1 General 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) 19 CITY OF NEWPORT BEACH � � `H. `'O PUBLIC WORKS DEPARTMENT a No. 972 SPECIAL PROVISIONS Exp. 06430327/ STREET PAVEMENT REPAIR PROGRAM FY 2025-26 PROJECT NO. 26R03 CONTRACT NO. 9946-1 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. R-7053-S); (3) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (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/governmenVdepartments/public- works/resources/standard-d rawings Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach Page SP 1 of 20 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the Contractor shall possess a Class "A" 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. The Contractor is required to demonstrate their experience and ability to complete similar asphalt pavement projects for public agencies and shall have been engaged in similar asphalt repair projects for public agencies for a period of not less than five (5) years. As part of the Contractor's Technical Ability and Experience References, the Contractor must provide, at a minimum, five reference projects that demonstrate the successful completion of similar projects with a minimum total of 20,000 tons of asphalt paving (grand total of all paving projects in 5 years) within the public right-of-way. 2-3 SUBCONTRACTS 2-3.1 General The Contractor shall list a California Licensed Land Surveyor as a subcontractor, who will be performing all surveying tasks. Failure to list the Surveyor may result in the Contractor being deemed non -responsive. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of the following: • Distribute construction notices to affected businesses and residents • Provide surveying services and replace disturbed survey markers • Implement traffic control for construction • Implement BMP plan • Cold mill existing asphalt concrete pavement, compact subgrade, and reconstruct asphalt concrete roads • Adjust manhole covers to grade • Remove existing and install new manhole covers to grade • Remove existing and install new water valve, sewer cleanouts, and survey monument boxes • Remove and dispose nuisance tree roots Page SP 2 of 20 • Install temporary painted traffic striping, thermoplastic traffic striping, traffic signs, pavement markings and raised pavement markers • Coordinate with utility owners to have their facilities repaired and/or raised to grade • Other incidental items as required by the Plans and Specifications • Provide as -built drawings 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete the second paragraph and replace with the following: The Contractor shall submit to the Engineer, a minimum of 7 days prior to the start of work, a list of controlling survey monuments and markers which may be disturbed. The Contractor shall: a) set survey points outside the affected work area that reference and locate each controlling survey monument that may be disturbed, b) file a Corner Record or Record of Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments, and c) file a Corner Record or Record of Survey with the County Surveyor after reestablishment of the disturbed (permanent) controlling survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Corner Record or Record of Survey with the County Surveyor upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. 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 Page SP3of20 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. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48-hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. Page SP 4 of 20 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 is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. 5-4 RELOCATION All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes and survey monument boxes (collectively known as "utility boxes") which are affected by the Work shall be replaced to finish grade with new utility boxes. During asphalt paving operation, manholes and utility boxes within paving area shall be temporarily lowered. The Contractor shall pick up temporary slip cans from the City yard and install them at all water valves to ensure access to the water valves at all times. Upon completion of paving operation, manholes and utility boxes shall be permanently adjusted to finish grade and return the slip cans to the City yard. The Contractor shall adjust all temporarily lowered manholes and utility boxes to the new finished grade within five (5) calendar days of completing the AC finished course. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other utility companies to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the project schedule. The Contractor shall provide the necessary survey control for all utility companies to adjust boxes and vaults to the final grade. The Contractor will be required to coordinate with these companies for inspection of the work. Page SP 5 of 20 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In addition, Contractor shall prepare 2-week look -ahead schedules on a bi-weekly basis with detailed daily activities. Special scheduling is required for all work that will impact the schools in the project area. These schools are Corona Del Mar High School, Eastbluff Elementary School, and Our Lady Queen of Angels Catholic School (private). Work on Vista Del Oro, Mar Vista Dr, and Domingo Dr adjacent to these schools must be scheduled during school holidays: April 6-10 or after June 5, 2026. All work on Back Bay Dr between San Joaquin Hills Rd and Eastbluff Dr must be completed within 3 working days maximum. Road closure of Back Bay Dr will only be permitted on these 3 working days. Special scheduling is required to avoid conflicting work areas with the ongoing Concrete Replacement Program FY 2025-26, Citywide ADA Improvements Project, and Big Canyon Restoration Phase 3 projects taking place in the same project area. The Engineer will review the Contractor's baseline schedule and two -week lookahead schedules for conflicts between the projects and may require the Contractor to modify the schedule as needed. Work on Back Bay Dr for the Big Canyon Restoration Phase 3 project is anticipated to take place between April and May 2026. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 40 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the Page SP 6 of 20 availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Unless otherwise approved by the Engineer, construction shall start on April 6, 2026. Normal working hours are limited to 8:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of 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 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. The following days are designated City holidays and are non -working days: 1. January 1st (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11 th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31 st (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full-size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be at the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. Page SP 7 of 20 The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $2,000. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $1,250.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, dust control, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready - mixed concrete for public works contracts are subject to prevailing wages. Page SP 8 of 20 Add the following section: 7-4 REMOVAL AND DISPOSAL OF MATERIAL Removal and disposal of material shall be done by licensed Franchise Commercial Solid Waste Haulers approved by the City. 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 Franchise Haulers List. 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 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 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 7-8.4.2 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. Page SP 9 of 20 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. 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. Page SP 10 of 20 7-10.5 Security and Protective Devices 7-10.5.3 Steel Plate Covers Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. In addition, steel plates on asphalt pavement shall be pinned and recessed flush with existing pavement surface. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization, Demobilization, and Cleanup: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules as requested by the Engineer, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Surveying Services: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs of surveying, establishing horizontal and vertical controls, providing construction staking, establishing centerline ties, adjusting survey monuments, survey markers, filing pre- and post -construction corner records with the county, reestablishing property corners disturbed by the work, preparing record of survey, protecting and restoring existing monuments and other survey items as required to complete the work in place. Item No. 3 Traffic Control: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for delivering all required notifications and temporary parking permits, posting signs, covering conflicting existing signs, and all costs incurred notifying businesses and residents, providing the traffic control required Page SP 11 of 20 by the project including, but not limited to, signs, cones, barricades, flashing arrow boards, K-rails, temporary striping, and flag persons. This item includes providing four (4) changeable message signs (CMS) and updating messages on the CMS as requested by the Engineer. This item also includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City requirements. Item No. 4 Signing and Striping: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing pavement striping and markers, removing or relocating street signs and posts, installing temporary and permanent pavement striping, markings and markers, installing street signs and posts, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 5 Cold Mill 2-Inch Asphalt Concrete Pavement: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for cold milling and disposing of the asphalt concrete pavement, base, and subgrade, constructing temporary asphalt concrete ramps along milled edges, hauling and disposing the milled material offsite, and all other work items as required to complete the work in place. Item No. 6 Cold Mill 6-Inch Asphalt Concrete Pavement: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for cold milling and disposing of the asphalt concrete pavement, base, and subgrade, constructing temporary asphalt concrete ramps along milled edges, hauling and disposing the milled material offsite, and all other work items as required to complete the work in place. Item No. 7 Construct 2-Inch Asphalt Concrete Finish Course: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for applying a tack coat, spreading and compacting the asphalt concrete finish course and all other work items as required to complete the work in place. Item No. 8 Construct 4-Inch Asphalt Concrete Base Course: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for compacting the subgrade, applying a tack coat, spreading and compacting the asphalt concrete base course and all other work items as required to complete the work in place. Item No. 9 Remove Existing and Install New Water Valve Box and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing water valve box and cover, temporarily lowering and installing slip cans over the valve to maintain access at all times and to facilitate paving operation, furnishing and installing a new water valve box and cover to grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Page SP 12 of 20 Item No. 10 Remove Existing and Install New Sewer Cleanout Box and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing sewer cleanout box and cover, temporarily lowering and/or covering the sewer cleanout to facilitate paving operation, furnishing and installing a new sewer cleanout box and cover to grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 11 Remove Existing and Install New Survey Monument Box and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for lowering and or removing the existing survey monument box and cover, temporarily lowering and/or covering the survey monument box to facilitate paving operation, furnishing and installing a new survey monument box and cover to grade, restoring the monument survey ties if the monument was damaged and restored with the county by a licensed surveyor, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 12 Adjust Sewer Manhole Frame and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing the existing manhole frame and cover, temporarily lowering and/or covering the manhole to facilitate paving operation, reinstalling existing manhole frame and cover to grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 13 Adjust Storm Drain Manhole Frame and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing the existing manhole frame and cover, temporarily lowering and/or covering the manhole to facilitate paving operation, reinstalling existing manhole frame and cover to grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 14 Remove Existing and Install New OCSD Sewer Manhole Frame and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing the existing OCSD sewer manhole frame and cover, removing and disposing of all other improvements required for adjustment, temporarily lowering and/or covering the manhole to facilitate paving operation, installing a new manhole frame and cover (procured from OCSD) to grade per the Contract Drawings and OCSD Standard Plans, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 15 Remove Existing and Install New IRWD Valve Box and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing the existing IRWD valve box and cover, temporarily lowering and installing slip cans over the valve to maintain access at all times and to facilitate paving operation, installing a new valve box and cover (procured from IRWD) to grade per the Contract Drawings and IRWD standards, restoring all Page SP 13 of 20 existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 16 Adjust IRWD Monitoring Well Manhole Frame and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing the existing IRWD monitoring well manhole frame and cover, removing and disposing of all other improvements required for adjustment, temporarily lowering and/or covering the manhole to facilitate paving operation, reinstalling the existing manhole frame and cover to grade per the Contract Drawings and IRWD standards, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 17 Remove and Dispose Nuisance Tree Roots: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs relating to root pruning/root shaving of nuisance roots within the existing asphalt pavement per Section 801-1 and disposing per Section 300-1, removing and disposing of excess soil, placing and compacting incidental import soil required to bring grades up to subgrade level, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 18 Provide As -Built Plans: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $5,000 is established for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 200 — ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General Crushed Miscellaneous Base (CMB) shall be used as the untreated base material. SECTION 203 — BITUMINOUS MATERIALS Page SP 14 of 20 203-6 ASPHALT CONCRETE 203-6.5 Type III Asphalt Concrete Mixtures Asphalt concrete finish course and leveling course shall be Type III-C3-PG 64-10 (15% max RAP). Asphalt concrete base course shall be Type III-132-PG 64-10 (15% max RAP). SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS 214-4.1 General Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized thermoplastic. 214-6 PAVEMENT MARKERS All pavement markers shall comply with Section 85 of the State of California Standard Specifications. 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 Franchise Commercial Solid Waste Haulers requirements. The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall Page SP 15 of 20 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. 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. 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General All cracks'/4-inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the Engineer. In residential areas, no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top layer of asphalt concrete (finish course) shall be placed in a separate lift. Longitudinal joints between two passes of asphalt concrete shall be along a lane line. Page SP 16 of 20 Holes, spalls, and cracks greater than 1/4-inch in width shall be filled and compacted to 95% minimum. The pavement shall then be cleaned with a power broom. 302-5.4 Tack Coat Tack coat shall be trackless. 302-5.8 Manholes (and Other Structures) All manholes, water valve boxes, and utility boxes shall be temporarily lowered prior to pavement cold milling. Upon completion of asphalt concrete finish course, the top of manholes, water valve boxes, and utility boxes shall be adjusted to grade to meet the smoothness requirement as specified in 302-5.6.2. SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-2.1 General The Contractor shall remove all existing traffic striping and pavement markings by grinding. Other methods such as sandblasting will not be allowed. Temporary painted striping shall be placed within 24 hours of removal. 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. 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 from the alignment shown on the plans. 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 Page SP 17 of 20 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 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 C ity. 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 and businesses within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to the residents and businesses a second written notice prepared by the City clearly indicating specific dates in the space provided on the notices when construction operations will start for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City. The Contractor shall complete and distribute the notices. Errors in distribution, false starts, acts of God, strikes or other Page SP 18 of 20 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. The Contractor may furnish their own "NO PARKING -TOW AWAY" signs if given written approval by the City's Engineer. Samples of Contractor -furnished signs shall be provided to the City if requested during the approval process. 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, CMS, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected establishments. Messages for the CMS shall be updated by the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. Page SP 19 of 20 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street or alley during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3466 and all affected property owners. 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction at all times when completing the work, excluding work on Back Bay Dr. Temporary striping may be required and shall be shown on the TCP. 6. Sidewalk closures in non-residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. 7. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure. 8. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. Page SP 20 of 20 mP"IG M K:t 190-�\alva6 si.oq YOC• al vnMfW9f1-9e66-a 9L-SZ FI 5eM •N !u.•a Im�v "omlea9v-OOZ lu.ma 9Z-SL{I\sl�lm\VelaS\A1Ba\s�et! ! N � N s g Ul 1— O2y of z 3: z� w os,,a a ys �_ s�Q m ; a �'< $ 4 " s" 5i4' w ¢3_ A : o O s f K mn y s b 3� 25�5 K ono=a0eY<°a gE=safo�F= ;��; gR. ai 3� = aogo=og=o�a==o5o o �. 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