The URL can be used to link to this page

Home My WebLink AboutC-7885-2 - Jamboree Road Pavement Rehabilitation and Reclaimed Water Conversion ProjectCITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 i 949-644-3039 Fax newportbeachca.gov March 28, 2024 All American Asphalt Attn: Kimberly Bird 400 East Sixth St. Corona, CA 92879 Subject: Jamboree Road Pavement Rehabilitation and Reclaimed Water Conversion — C-7885-2 Dear Ms. Bird: On March 28, 2023, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on March 30, 2023, Reference No. 2023000072655. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is 7667567. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Bro n, M1nI MC City Clerk Enclosure II'\ Premium is for contract term and is subject f. adjustment based on final contract price Executed In: 2 Counterparts EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 7667567 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 15.624.00 , being at the rate of $ 3.95 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to All American Asphalt hereinafter designated as the "Principal," a contract for mobilization and demobilization; best management practices (BMP); traffic control plan preparation and implementation; staking and survey monument restoration; utility company coordination and utility verification; clearing and grubbing, removal of existing roadway, improvements, subgrade preparation, cold milling of existing asphalt pavement roadway; construction of asphalt concrete (AC) pavement, asphalt rubberized hot mix (ARHM) pavement, full depth pavement section repairs, PCC sidewalk; stamped PCC median pavement; PCC cross gutter and spandrels; PCC curb and gutter, PCC median, curb, PCC curb ramps, truncated domes, storm drain improvements, catch basin / inlet improvements and modifications; median parkway drain and river rock; utility, adjustments, traffic signage improvements, striping and painted curb improvements, traffic signal improvements; patching damaged PCC curbs; importing and placing new Class A topsoil; irrigation system improvements; reclaimed water system improvements; hydroseeding; root pruning trees and root barrier installation; minor landscaping and irrigation repairs adjacent to PCC repairs; as -built plan preparation; and all other work required by the Contract Documents in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Fidelity and Deposit Company of Maryland duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Three Million Nine Hundred Fifty Five Thousand Five Hundred Fifty Five Dollars and 55/100 ($3,955,555.55) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein All American Asphalt Page B-1 specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 26th day of January ,2022. All American Asphalt Name of Contractor (Principal) Authorized Signature/Title M\c"at\ vw -QS ( St(,(Ztaq Fidelity and Deposit Company of Maryland p, 86-aQ— Name of Surety Authorized Agent Signature 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 Address of Surety (213)270-0600 Telephone Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Npa By. �`r_)_ —_— A on C, Harp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt Page B-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 hvthfidness. arcurnev. or validity of that document. State of California County of Riverside on January 31, 2022 before me, Kenona Nazari, Notary Public Data Here Insert name and Title of the Officer personally appeared Michael Farkas Name(&}of Signer($) . �^ -.4_04 KENONA NAZARI & ; - Notary Public • California a, Riverside County �€ Commission H 2318601 ` �.✓ my Comm. Expires Jan 10, 2024 +pe who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized oapacity(iss), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(r) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hVgand official seal Signature .y v Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person 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 Faithful Performance Bond— City of Newport Beach Document Date: January 26, 2022 Number of Pages: 5 Signer(s) Other Than Named Above: Rebecca Haas -Bates, Attorney -in -Fact Capacity(ies) Claimed by Signer(s) Signer's Name: Michael Farkas Signer's Name: ❑ Individual in Individual XCorporate Officer —Title(s): Secretary ❑CorporateOfficer —T ❑ Partner ❑ o Limited ❑ General ❑ Partner D o Limited ❑ ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee TOP of thumb here ❑ Trustee • Other: ❑ Other: Signer is Representing: Signer is Representing: *"Please See Attached' 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 helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, (seal) State of California County of )Ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me thathelshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) All American Asphalt Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL .. .aJ.i�Cw1.c4�aC!a`vW 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 O1/26/2022 before me, Liliana Gomez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Name*of SignerN who proved to me on the basis of satisfactory evidence to be the persons} whose name* Is/are subscribed to the within instrument and acknowledged to me that t4t;/she/they executed the same in ft/her/their authorized capaoity(1ea), and that byhWher/thcz r signature*on the instrument the person(e), or the entity upon behalf of Which the person(4 acted, executed the instrument. LILIANA GOMEZ Notary Public -California Orange County n 4 �#¢ Commission N 2243326 _%My Comm, Expires May 20, 2022 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_ IA a" �w Signa e of Notary &blic 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: Performance Bond No. 7667567 Document Date: O1/26/2022 Number of Pages: Three 3 Signer(s) Other Than Named Above: All American Asphalt Capacity(les) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Tftle(s): ❑ Partner — ❑ Limited ❑ General Individual WAttorney inFact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name:_ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact C] Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: -✓'<'.J'4 .va�i/G(vv .it44'Y4\J4V4�':4'+�.`;i' _ _ U4V d4�, 4vgla'y4\✓..✓S�✓. L.a'+/ 0 1 � e e . e e • .0 e•a :11 • :11 . . el EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. fire Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertalchrgs, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -Fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President, of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid aid binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called aid held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force kind effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 26th day of January , 2022 _ .3v By: Brian M. I -lodges Vice President TO REPORT A CLAIM W11`1I REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING TR E PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfelaims zurichna.com 800-626-4577 CITY OF NEWPOR`t BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov June 5, 2023 All American Asphalt Attn: Kimberly Bird 400 East Sixth St. Corona, CA 92879 Subject: Jamboree Road Pavement Rehabilitation and Reclaimed Water Conversion - C- 7885-2 Dear Ms. Bird: On March 28, 2023, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on March 30, 2023, Reference No. 2023000072655. The Surety for the bond is Fidelity and Deposit Company of Maryland and the bond number is 7667567. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure Premium is included in the performance bon, ,l Executed in: 2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 7667567 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to All American Asphalt hereinafter designated as the "Principal," a contract for mobilization and demobilization; best management practices (BMP); traffic control plan preparation and implementation; staking and survey monument restoration; utility company coordination and utility verification; clearing and grubbing, removal of existing roadway, improvements, subgrade preparation, cold milling of existing asphalt pavement roadway; construction of asphalt concrete (AC) pavement, asphalt rubberized hot mix (ARHM) pavement, full depth pavement section repairs, PCC sidewalk; stamped PCC median pavement; PCC cross gutter and spandrels; PCC curb and gutter, PCC median, curb, PCC curb ramps, truncated domes, storm drain improvements, catch basin / inlet improvements and modifications; median parkway drain and river rock; utility, adjustments, traffic signage improvements, striping and painted curb improvements, traffic signal improvements; patching damaged PCC curbs; importing and placing new Class A topsoil; irrigation system improvements; reclaimed water system improvements; hydroseeding; root pruning trees and root barrier installation; minor landscaping and irrigation repairs adjacent to PCC repairs; as -built plan preparation; and all other work required by the Contract Documents in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Fidelity and Deposit Company of Maryland 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 Three Million Nine Hundred Fifty Five Thousand Five Hundred Fifty Five Dollars and 551100 ($3,955,555.55) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts All American Asphalt Page A-1 due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 26th day of January 12022, All American Asphalt Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 Address of Surety (213) 270-0600 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 9/4/aD in C. Har Attorney Authoriz ignaturefTitle M\Ghge\ trw"S I tu'vetGry `R4b e r 'La OXA411 Authorized Agent Signature Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARY A CKNO WLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt Page A-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 notthe truthfulnessaceuracv. or validity of that document. State of California County of Riverside on January 31, 2022 before me, KenonaNazari, Notary Public Data Here Insert name and Trio of the Officer personally appeared Michael Farkas Name(g�pf Signers) f 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/her4hek authorized capacity(les), and that by his/her/ther signature(s) on the instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. 0eMY K5NONANAZARt Notary Public - California I certify under PENALTY OF PERJURY under the laws of the State of Ride County T_ California that the for oing paragraph is true and correct. versigCommissfon q 2318b01 Comm. Expires Jan 10, 2024 WITNESS my pnd and official seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the Information below is not required by law, it may prove valuable to person 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 Labor and Material Payment Bonds — City of Newport Beach Document Date: January 26, 2022 Number of Pages: 5 Signer(s) Other Than Named Above: Rebecca Haas -Bates, Attorney -in -Fact Capacity(ies) Claimed by Signer(G) Signer's Name: Michael Farkas Signer's Name: rr Individual ❑ Individual XCorporate Officer —Title(s): Secretary ❑CorporateOffiT ❑ Partner 11 E Limited E General ❑ PartnerD o Li❑ Attorney in Fact ❑ Attorney in Fa❑ Trustee Top of thumb here re ❑ Trustee ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: "*Please See Attached" 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 120 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) All American Asphalt Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 F• gG�C�•.a�•G. .. .aQC'• ..' /aC• . .�f a�<> ¢ "�GwC� .M/w•/ /a�La� {<iCCa� u�C.a� ciNaCCa�Lm� •!: C...0 vr• aR �L a .. f/`f A�Ni4{ 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 01/26/2022 before me, Liliana Gomez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Name(&),of Signers) who proved to me on the basis of satisfactory evidence to be the person(* whose name(6 israre subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her authorized capacity(Rs), and that by his/her slgnature� on the instrument the personK or the entity upon behalf of which the persons) acted, executed the instrument, -3o2 LILIA14A GOMEZ 42Notary public"California 1 orangeCouny Commission 8 M Y 206 My Comm. Expires MaY 2e, 2022 Place Notary Seat 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 kh Signature of Nota 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: PavmentBond No 7667567 Document Date: O1/26/2022 Number of Pages: Three 3 Signer(s) Other Than Named Above: All American Asphalt Capacity(fes) Claimed by Signer(s) Signer's Name: Rebecca11aas-Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual WAttorney In Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Ropresenting: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ..z:.� �cvcc�c�. c`:,��sc_,T•w.cvtty: c... - PRF7667687 Bond Number CITY OF NEW PORT BEACH ZURICII AMERICAN INSURANCE, COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Rebecca Haas -Bates its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its net and deed: any and all bonds and Undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be is binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed aid acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of stud Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICII AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day of January A.D. 2022 13°�iJ aP t ua ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF+MARYLAND By: Robert D. Murray Vice President `v' v By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 26th day of January A.D. 2022 before the subscriber, a Notary Public of the State of Maryland, duly conmiissioned and qualified, Robert A Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, slid being by me duly sworn, deposedn and saith, that he/she is (lie said officer of the Company aforesaid, and drat the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals aid the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. el at x'x,{fits° r, l`I1: t 16„ "o Constance A. Door, Notary Public "' "° My Commission Expires: July 9, 2023 3/30/23, 1:32 PM Batch 15534281 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIII IIII1l1111111JIJllIII IIII lIll 11IIIIIIlIIIII [lJill I11111Iii NO FEE S k 0 0 1 4 2 7 6 4 8 0 8+ 20230000726551:22 pm 03130/23 90 CRSC06 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and All American Asphalt, Corona, California, as Contractor, entered into a Contract on January 11, 2022. Said Contract set forth certain improvements, as follows: Jamboree Road Pavement Rehabilitation and Reclaimed Water Conversion - C-7885-2 Work on said Contract was completed, and was found to be acceptable on March 28, 2023, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Fidelity and Deposit Company of Maryland. 1W Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 1 3 0' 23 at Newport Beach, California. BY City �rk "" https://gs.secure-recording.com/Batch/Confirmation/15534281 1/1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and All American Asphalt, Corona, California, as Contractor, entered into a Contract on January 11, 2022. Said Contract set forth certain improvements, as follows: Jamboree Road Pavement Rehabilitation and Reclaimed Water Conversion - C-7885-2 Work on said Contract was completed, and was found to be acceptable on March 28, 2023, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Fidelity and Deposit Company of Maryland. A M Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 20, 0.23 at Newport Beach, California. BY r &; -= City Clerk ca:p,e CITY OF NEWPORT BEACH aA 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 By 10:00 AM on the 7th day of December , 2021, at which time such bids shall be opened and read for JAMBOREE ROAD PAVEMENT REHABILITATION AND RECLAIMED WATER CONVERSION Contract No. 7885-2 $4,740,000 Engineer's Estimate Approved by James M. Houlihan uty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" For further information, call Patricia Carpenter, Prosect Manager at (949) 644-3344 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca gov/government/open-transparent/onIine-services/bids rfgs vendor -registration City of Newport Beach JAMBOREE ROAD PAVEMENT REHABILITATION AND RECLAIMED WATER CONVERSION Contract No. 7885-2 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealeu Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2"d 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. 3. 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 by the Bid Opening Date (Bid Due Date.) 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. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 3 CITY 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 By 10:00 AM on the 7th day of December , 2021, at which time such bids shall be opened and read for JAMBOREE ROAD PAVEMENT REHABILITATION AND RECLAIMED WATER CONVERSION Contract No. 7885-2 $4,740,000 Engineer's Estimate Approved by James M. Hdulihan uty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanvlD=22078 Hard copy plans are available via Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" For further information, call Patricia Carpenter, Prosect Manager at (949) 644-3344 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca gov/government/open-transparent/online-services/bids-rfps- v_endor-registration 5. 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. 6. 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. 7. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". ' 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 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 reviewed. 267073 A, C-12 . Contractor's License No. & Classification Authoriz d Sign ture/Title 1000001051 6/30/2023 DIR Registration Number & Expiration Date All American Asphalt Bidder 5 Edward J. Carlson, Vice President is / & /awl Date Bid Bond No. 08597423 Bid Date: 12/07/2021 City of Newport Beach JAMBOREE ROAD PAVEMENT REHABILITATION AND RECLAIMED WATER CONVERSION Contract No. 7885-2 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Total Amount Bid ---- Dollars ($ 10% of Bid -------- ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of JAMBOREE ROAD PAVEMENT REHABILITATION AND RECLAIMED WATER CONVERSION, Contract No. 7885-2 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 22nd day of November 2021. All American Asphalt Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety 777 S. Figueroa Street, Suite 3900 Los Angeles, CA 90017 Address of Surety (213) 270-0600 Telephone Authorize Signature/Titl� ti bl�arl�c�c%y Authorized Agent Signature Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) A CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the docnment to which this certificate is nttached_ and tint the truthfulness. accuracy or validity of that document. State of California County of Riverside On December 6, 2021 before me, Kenona Nazari, Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Nam?.(ej'of SigncKSr 7sE" � °wry KENONA NAZARI ;� Notary Public • California = W m Riverside County € Commission # 2318601 `' "� My Comm, Expires Jan 10, 2024 WITNESS my han and official seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 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/sho/4y executed the same in his/her/their authorized capacity(ies), and that by his/he4their signature(&) 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 forgoing paragraph is true and correct. Description of Attached Document Title or Type of Document Bid Bond — City of Newport Beach Document Date: November 22, 2021 Number of Pages: Signer(s) Other Than Named Above: Rebecca Haas -Bates, Attorney -in -Fact Capacity(ies) Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: ❑ Individual ❑ Individual X Corporate Officer — Title(s): Vice President ❑ Partner ❑ ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: ❑ Corporate Officer — Ti e(s): _ ❑ Partner ❑ ❑ Limited,, General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ?ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Thumbprint of Signer n Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 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/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 ACKNOWLEDGMENT (seal) A notary public or other officer completing this " Please See Attached certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of F ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) CALIFORNIA•• • IVIL •. t.cg!Tt.c�<rat.ca �ts�ts� ....c�t...c. �t.�ts,.t.at�c. _s�•.ct..�c.. •.*a .�.t.c� .e. .cac.ct.vtia .cwt v.. c t a.•.c� .wt. 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 11/22/2021 Date before me, Liliana Gomez, Notary Public personally appeared Rebecca Haas -Bates Here Insert Name and Title of the Officer Name(W,of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons} whose name* is/are subscribed to the within instrument and acknowledged to me that fie/she/they executed the same in Nis/her/their authorized capacity(ies), and that by hYs/her/thE r signature^) on the instrument the person(, or the entity upon behalf of which the persons). acted, executed the instrument. E LILIANA GOMEZ Notary Public - California Orange County v Commission N 2243326 My Comm, Expires May 20, 2022 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 Xagl" hpKm�_�_� Signature of Notary Allic 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: Bid Bond Document Date: 11/22/2021 Number of Pages: Three(3) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual W Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — n Limited ❑ General ❑ Individual ❑ Attorney in Fact O Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: L'�4v:'✓ ✓G•yG`%G�G�,h`�Gv '✓ '"�'✓L'�G'✓ '✓�-•✓i'Yf• .�G' .'v G"✓ •r/G'.i •d..y6.ciG.• ' Ilkwolgirjus EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in frill force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By - Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 22nd day of November 2021 D$AL" By: Brian M. Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 .www.repoilsfclaims(azurichna.com 800-626-4577 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND PO\VER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William SYRKIN, Rebecca HAAS -BATES, Sergio D. BECHARA and Richard ADAIR, all of Irvine, California, EACH, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, 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 ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 11th day of June, A.D. 2019. •o, SEAL ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President �.-i..-)G�4•l=i(� �� R�1,G'Gi fes_ _: _ By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 11th day of June, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023 City of Newport Beach JAMBOREE ROAD PAVEMENT REHABILITATION AND RECLAIMED WATER CONVERSION Contract No. 7885-2 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT 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. All American Asphalt Bidder 9 Authori ed Signature/Title Edward J. Carlson, Vice President City of Newport Beach JAMBOREE ROAD PAVEMENT REHABILITATION AND RECLAIMED WATER CONVERSION Contract No. 7885-2 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name All American Asphalt FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $150,000, provide the following information: No. 1 Project Name/Number. 2020 Fall Pavement Rehabilitation Project Project Description Rehabilitation Approximate Construction Dates: From 7/2020 Agency Name City of Ontario To: 12/2020 Contact Person Ariana Kern Telephone (909 395-2129 Original Contract Amount $�� 499,333.0CIFInal Contract Amount $ 2,499,333-00 If final amount is different from originall,, please explain (change orders, extra work, etc.) NI Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A 10 No. 2 Project Name/Number Annual Residential Street Rehabilitation Phase 1 Project Description Rehabilitation Approximate Construction Dates: From 5/2020 Agency Name City of Compton Contact Person Brittany Duhn To: 11/2020 Telephone (319 605-5505 $5,295,068.00 Original Contract Amount $ Final Contract Amount $ 5,295,068.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A No. 3 Project Name/Number Granite Hill Drive Pavement Rehabilitation Project Description Rehabilitation Approximate Construction Dates: From 4/2020 Agency Name City of Jurupa Val Contact Person Chase Keys To: 10/2020 Telephone (951) 332-6464 Original Contract Amount $199L777-00 Final Contract Amount $ 999,777.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A 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. NA 11 No. 4 Project Name/Number VIA ESCOLAR PAVEMENT REHABILITATION PROJECT Project Description Pavement Rehabilitation Approximate Construction Dates: From 07/2021 Agency Name City of Mission Viejo Contact Person Patricia Wright To: 12/2021 Telephone (949) 470-3056 Original Contract Amount $174,471 -*incl Contract Amount $ 974,471 00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Permanent Trench Resurfacing Project Description Resurfacing Approximate Construction Dates: From 5/2021 Agency Name City of Riverside Contact Person Kirsten Rosales To: 0/2021 Telephone ( ) Original Contract Amount $ 252,265.00Final Contract Amount $ 252,265.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A 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. 12 No. 6 Project Name/Number Pavement Rehabilitation - Barton Road Project Description Rehabilitation Approximate Construction Dates: From 4/2020 Agency Name City of Loma Linda Contact Person T. Jarb Thaipejr To: 12/2020 Telephone ( ) Original Contract Amount $_168,677-00 Final Contract Amount $768,677.00 909 799-4400 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial nnnditinnc, All American Asphalt Bidder 13 Authorized Si ature/Title Edward J. Carlson, Vice President (951)034645 Rick Selph has been with All American Asphalt with 32 years where he has held a variety of different positions, most currently being a manager for over 20 years. As a superintendent, Rick is in charge scheduling jobs, attending meetings, consistently improving job quality and keeping accurate records of quantities used on jobs to maintain meticulous invoicing. All American Asphalt feels that Rick Selph is the best superintendent for this job because of his extensive knowledge of Orange County. References: Reza lafari City of Irvine 949-724-7545 Tom Banks City of Costa Mesa 714-925-7424 2020 PAST WORK REFERENCES City of Ontario 303 East B Street Ontario, CA 91764 Contact: Ariana Kern (909) 395-2129 akern(a)ontanoca. pov City of Loma Linda 25541 Barton Road Loma Linda, CA 92354 Contact: T. Jarb Thaipejr (909) 799-4400 ithaipeir(aD-lomalinda-ca gov City of Jurupa Valley 8920 Limonite Avenue Jurupa Valley, CA 92509 Contact: Chase Keys (951) 332-6464 ckeys(w`_iuruaavallev or County of Orange 601 N. Ross Street, 411' Floor Santa Ana, CA 92701 Contact: Albert Rodriguez (714) 667-8800 albert.rodriquez;c�ocptiv.occo cc: City of Compton 205 S. Willowbrook Avenue Compton, CA 90220 Contact: Brittany Duhn (310) 605-5505 bduhn,cezandkconsuitants car City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Contact: Joe Fuentes (714) 536-5259 !fUentes@SurfC;tV-hb. orQ 2020 Fall Pavement Rehabilitation Project Contract Amount: $2,499,333.00 Start Date: 07/2020 End Date: 12/2020 Pavement Rehabilitation — Barton Road Contract Amount: $768,677.00 Start Date: 04/2020 End Date: 12/2020 Granite Hill Drive Pavement Rehabilitation Contract Amount: $999,777,00 Start Date: 04/2020 End Date: 10/2020 JOC Pavement Maintenance Contract Amount: $2,584,747.69 Start Date: 07/2020 End Date: 08/2020 Annual Residential Street Rehabilitation — Phase 1 Contract Amount: $5,295,068.00 Start Date: 05/2020 End Date: 11/2020 Arterial Rehabilitation of Graham St, Slater Ave, Newland St and Atlanta Ave Contract Amount: $5,181,955.00 Start Date: 05/2020 End Date: 11/2020 2020 PAST WORK REFERENCES City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Contact: Patricia Kharazmi (949) 644-3344 pkharazm05newportbeachca qov City of Westminster 8200 Westminster Boulevard Westminster, CA 92683 Contact: Theresa Tran (714) 548-3460 ttran@westminster ca qcv Crescenta Valley Water District 2700 Foothill Boulevard La Crescenta-Montrose, CA 91214 Contact: Brook Yared (818) 236-4117 bvared(M-cvwd cam City of Alhambra 111 S. First St. Alhambra. CA 91801 Contact: Robert Bias (626) 570-5062 rbig$j�citvofalhambra ortt County of Ventura 800 S. Victoria Avenue, #1600 Ventura. CA 93009 Contact: Matt Maechler (805) 477-1911 matthew maechier@ventura og City of Camarillo 601 Carmen Drive Camarillo, CA 93010 Contact: Thang Tran (805) 388-5345 ttran(o_cltvofcama'dto org Cameo Highlands Street Reconstruction Contract Amount: $2,425,694.00 Start Date: 07/2020 End Time: 1112020 Citywide Overlay Street Improvements Contract Amount: $1.131,621.00 Start Date: 02/2020 End Date: 06/2020 Final Paving of Pennsylvania Ave Contract Amount: $82,620.00 Start Date: 02/2020 End Date: 04/2020 2020 HUD Street Improvements Project Contract Amount: $300.433.00 Start Date: 0612020 End Date: 10/2020 Yerba Buena Rd. (South) Pavement Resurfacing Contract Amount: $2,298.467.40 Start Date: 03/2020 End Date: 06/2020 Earl Joseph Drive Paving Contract Amount: $681,901.50 Start Date: 0612020 End Date: 07/2020 2019 PAST WORK REFERENCES City of Simi Valley 2929 Tapo Canyon Rd. Simi Valley, CA 93063 Contact: Sarah Sheshebor (805)583-6792 ssheshebasimivalley or County of Ventura 501 Poli Street Ventura, CA 93001 Contact: Christopher Solis (805) 654-2054 chns sohs(o)ventura orq City of Stanton 7800 Katella Avenue Stanton, CA. 90680 Contact: Guillermo Perez (714) 890-4204 gperez0_)ci Stanton ca us City of Compton 205 S. Willowbrook Avenue Compton, CA, 90220 Contact: John Strictland (310) 605-5505 istrictland(a?comptonc!ty ora City of San Clemente 910 Calle Negocio San Clemente, CA. 92673 Contact: Darra Koger (949) 361-3138 kogerD@San-clemente.org City of South Gate 8650 California Avenue South Gate, CA. 90280 Contact: John Rico (323) 563-9594 incoi�sogate orq Simi Valley Minor Street Rehabilitation Contract Amount: $510,124.25 Start Date: 07/2019 End Date: 08/2019 Yerba Buena Area Resurfacing Project Contract Amount: $3,919,808.95 Start Date: 06/2019 End Date: 12/2019 2019 Citywide Street Resurfacing Contract Amount: $1,206,869.00 Start Date: 10/2019 End Date: 12/2019 Road Repair Service (Pothole Repair) Contract Amount: $1,019,100.00 Start Date: 08/2019 End Date: 11/2019 Street Rehabilitation for S. Avenue LA Esperanza Contract Amount: $384,055.00 Start Date: 09/2019 End Date: 10/2019 Circle Park Driveway Project Contract Amount: $268,576.00 Start Date: 06/2019 End Date: 09/2019 2019 PAST WORK REFERENCES City of Chino 13220 Central Ave. Chino, CA. 91710 Contact: Dustin Postovoit (909) 334-3415 apostovoitna.cityofchino. orq City of Lancaster 44933 Fern Avenue Lancaster, CA. 93534 Contact: Greg Wilson (661) 570-8003 gwilson(ci)cityoflancasterca orq City of Colton 650 N. La Cadena Dr. Calton, CA. 92324 Contact: Victor Ortiz (909) 370-5099 vortizCakoltonca.gov City of Cathedral City 68700 Ave Lalo Guerrero Cathedral City, CA. 92234 Contact: John A. Corella (760) 770-0349 icorellaaOcathedralcity. gov City of San Clemente 910 Calle Negocio San Clemente, CA. 92673 Contact: Gary Voborsky (949) 361-6132 voborskvg cD_san-clemente or Slurry Seal Maintenance Work Contract Amount: $372,805.00 Start Date: 1/2019 End Date: 12/2019 2018 Pavement Management Program Contract Amount: $2,720,103.65 Start Date: 3/2019 End Date: 12/2019 FY 18-19 Asphalt Paving Project Contract Amount: $1,377,700.00 Start Date: 3/2019 End Date: 1112019 Ortega Road Widening Contract Amount: $459,998.00 Start Date: 2/2019 End Date: 12/2019 Arterial Street Pavement Maintenance Contract Amount: $1,187,187.00 Start Date: 3/2019 End Date: 7/2019 2019 PAST WORK REFERENCES City of Simi Valley 2929 Tapo Canyon Rd. Simi Valley, CA 93063 Contact: Sarah Sheshebor (805)583-6792 sshesheb(@sirnivalley orq County of Ventura 501 Poli Street Ventura, CA 93001 Contact: Christopher Solis (805) 654-2054 chris sohs(c enturaorq City of Stanton 7800 Katella Avenue Stanton, CA. 90680 Contact: Guillermo Perez (714) 890-4204 gperez(aci stanton.Ca us City of Compton 205 S. Willowbrook Avenue Compton, CA. 90220 Contact: John Strictland (310) 605-5505 istnctland(cc)comptonaty ora City of San Clemente 910 Calle Negocio San Clemente, CA. 92673 Contact: Darra Koger (949) 361-3138 kogerDCa san-clemente orq City of South Gate 8650 California Avenue South Gate, CA. 90280 Contact: John Rico (323) 563-9594 )ncoCalsogate orq Simi Valley Minor Street Rehabilitation Contract Amount: $510,124.25 Start Date: 07/2019 End Date: 08/2019 Yerba Buena Area Resurfacing Project Contract Amount: $3,919,808.95 Start Date: 06/2019 End Date: 12/2019 2019 Citywide Street Resurfacing Contract Amount: $1,206.869.00 Start Date: 10/2019 End Date: 12/2019 Road Repair Service (Pothole Repair) Contract Amount: $1,019,100.00 Start Date: 08/2019 End Date: 11/2019 Street Rehabilitation for S. Avenue LA Esperanza Contract Amount: $384,055.00 Start Date: 09/2019 End Date: 10/2019 Circle Park Driveway Project Contract Amount: $268,576.00 Start Date: 06/2019 End Date: 09/2019 2019 PAST WORK REFERENCES Pardee Homes 1250 Corona Pointe Court, Ste. 600 Corona, CA. 92879 Contact: Nick Lasher (951) 428-4442 nick lasherApardeehomes. corn City of Fontana 8353 Sierra Avenue Fontana, CA. 92335 Contact: Kimberly Young (909) 350-7632 kyoung(a-fontana.ora DR Horton 2280 Wardlow Circle Ste. 100 Corona, CA. 92880 Contact: Keith Alex (951) 830-5872 kalex(&drhorton.com Irvine Community Development Company 550 Newport Center Dr. Ste. 550 B2 Newport Beach, CA. 92660 Contact: Mike Morse (949) 720-2560 City of Downey 11111 Brookshire Avenue Downey, CA. 90241 Contact: Desi Gutierrez, (562) 904-7110 dgutierKa�downeyca.org Railroad Canyon Widening Contract Amount: $5,062,746.00 Start Date: 11/2018 End Time: 08/2019 Citrus Avenue Improvements Contract Amount: $502,730.00 Start Date: 08/2018 End Date: 10/2019 Singlton Road Contract Amount: $1,684,000.00 Start Date: 07/2018 End Date: 12/2019 Portola Springs PA -6 Enclave 5B Phasel, 2 Contract Amount: $2,055,055.00 Start Date: 09/2018 End Date: 12/2019 FY 18/19 Slurry Seal Project Contract Amount: $313,425.87 Start Date: 06/2019 End Date: 12/2019 City of Newport Beach JAMBOREE ROAD PAVEMENT REHABILITATION AND RECLAIMED WATER CONVERSION Contract No. 7885-2 NON -COLLUSION AFFIDAVIT State of California ) County of Riverside ss. ) Edward J. Carlson being first duly sworn, deposes and says that he or she is Vice President of Alk iA-si hV .Lt- , the parry 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 acid 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. All American Asphalt Bidder Authorized Si nature/Title Edward J. Carlson, Vice President Subscribed and sworn to (or affirmed) before me on this day of , 2021 by -Proved to me on the basis of satisfactory evidence to be the person(s) who app b6fore me. I certify under PENALTY OF PERJURY 'the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] 14 Notary Public My Commission Expires: CALIFORNIA JURAT GOV CODE § 8202 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 Riverside ?�.dtsrl.7si KENONANAZARI Notary Public - California Riverside County My Commission p 2318601 Comm. Expires Jan 10, 2024 Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 6th day of December 2021, Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (and (2) Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Non -Collusion Affidavit Document Date: 12-6-2021 Number of Pages: 1 Signer(s) Other Than Named Above: None City of Newport Beach JAMBOREE ROAD PAVEMENT REHABILITATION AND RECLAIMED WATER CONVERSION Contract No. 7885-2 DESIGNATION OF SURETIES Bidder's name All American Asphalt 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): Fidelity and Deposit Company of Maryland David Wei 213-270-0600 777 S. Figueroa St. #3900, Los Angeles, CA 90017 Foundation Risk Partners, Corp Rebecca Haas -Bates (949) 679-7116 5530 Trabuco Rd., Irvine, CA 92620 Edgewood Partners Insurance Center Kathy Lopez (909) 919-7513 3633 Inland Empire Blvd., Suite 640, Ontario, CA 91764 15 City of Newport Beach JAMBOREE ROAD PAVEMENT REHABILITATION AND RECLAIMED WATER CONVERSION Contract No. 7885-2 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name All American Asphalt Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as requirea Tor columns o to o, UUUe Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 IN Current Record Record Record Record Record Year of for for for for for Record 2020 2019 2018 2017 2016 Total 2021 No. of contracts 933 1051 1146 1174 1052 6181 Total dollar Amount of 238,981 261,406 287,961 331,665 301,659 260,428 1,682,100 Contracts (in Thousands of $ No. of fatalities 0 0 0 1 0 0 1 No. of lost Workday Cases 0 19 12 16 16 18 97 No. of lost workday cases 0 involving 0 0 0 permanent 0 0 transfer to 0 another job or termination of employment The information required for these items is the same as requirea Tor columns o to o, UUUe Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 IN A. ALL AMERICAN rJ 011,k)i=_I1.'V111 111i1.-,1; To whom it may concern, ALL AMERICAN ASPHALT ALL AMERICAN AGGREGATES I ') 51 ; ;o 7000 I"Ii l - 7 Sl> •lo r I 1'� I Iter >>>,I (_,1p,i;.la (:A ?:)o IOIt, lik_ I �ltil X3(,70,3 A L I._' 1.11 1: - I o0001) I o? I On May 3, 2018, an All American Asphalt employee was struck and killed by a piece of heavy equipment on a job site in Encino, CA. Immediately after the incident, safety meetings were held on all construction crews in order to retrain employees on safe practices when working in the vicinity of heavy equipment. Topics covered included communication with operators, planning work so that employees are not close to equipment, never working in equipment blind spots, and the importance of situational awareness. All equipment is checked daily for safety defects. Employees are encouraged to speak up about safety concerns and to help each other work in the safest manner possible. Safety is a core value of All American Asphalt. Signed, C' 1 David Pease Consultant Legal Business Name of Bidder All American Asphalt Business Address: 400 East Sixth Street, Corona, CA 92879 Business Tel. No.: 951-736-7600 State Contractor License No. and Classification: 267073 A C-12 Title Corporntino 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 .1.,�� •--f----` Date Title Edward J. Carlson, Vice Preside Signature of bidder Date Title Michael Farkas, Secretary Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is ettached anti not the trialiflllnegs accurecv or validity of that document State of California County of Riverside On December 6, 2021 before me, Kenona Nazari, Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson and Michael Farkas Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/s#e/their executed the same in his h their authorized capacity(ies), and that by hisihe their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. °F> KENONANAZARI Notary Public - California I certify under PENALTY OF PERJURY under the laws of the State of Riverside County California that the forgoing paragraph is true and correct. z; Commission k 2318601 'r r0•"� My Comm. Expires Jan 10, 2024 WITNESS my a d and official seal. Slgtl<llnl" W ' Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person 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 Signature Page of bid proposal — City of Newport Beach Document Date: December 6, 2021 Number of Pages: 1 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: Michael Farkas Individual o Individual X Corporate Officer — Title(s): Vice President X Corporate Officer — Title(s): Secretary Ei Partner o Limited o General ❑ Partner o Limited o General RIGHT THUNIOPRINT ❑ Attorney in Fact o Attorney in Fact OF SIGNER o Trustee Top of thumb here Top of thumb here ❑ Trustee ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: All American Asohalt All American Asphalt City of Newport Beach JAMBOREE ROAD PAVEMENT REHABILITATION AND RECLAIMED WATER CONVERSION Contract No. 7885-2 ACKNOWLEDGEMENT OF ADDENDA Bidder's name All American Asphalt 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 18 City of Newport Beach JAMBOREE ROAD PAVEMENT REHABILITATION AND RECLAIMED WATER CONVERSION Contract No. 7885-2 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: All American Asphalt Business Address: 400 East Sixth Street, Corona, CA 92879 Telephone and Fax Number: 951-736-7600 Office 951-736-7646 Fax California State Contractor's License No. and Class: 267073 A, C-12 (REQUIRED AT TIME OF AWARD) Original Date Issued: 01/19/1971 Expiration Date: 01/31/2022 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: Kimberly Bird, Project Manager 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 Mark Luer, President 400 East Sixth Street, Corona, CA 92879 Telephone 951-736-7600 Edward J. Carlson, Vice President 400 East Sixth Street, Corona, CA 92879 951-736-7600 Michael Farkas, Secretary 400 East Sixth Street, Corona, CA 92879 951-736-7600 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: N/A 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 For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? YesNo RE 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. All American Asphalt Mark Luer (Print name of Owner or President of Corporation/CCompony) Authortzed Sig ature/Title Edward J. Carlson, Vice President Title Date On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)ifare subscribed to the within instrument and acknowledged to me that he/she/they exec ed the sm his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrume the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. A I certify under PENALTY O paragraph is true and cor* WITNESS,har,►�i, #d'official seal. l yl/ Notary FAlic in and for said State My Commission Expires: RY under the laws of the State of California that the foregoing 21 (SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this cerfilicqte is ;aiached and not the hvthtldness ;tcenracv or validif of lliat dncnment. State of California County of Riverside on December 6. 2021 before me, Kenona Nazari, Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Nam" -of Signerfsr who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she" executed the same in his/herlthe+r authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf KENONA NAZARI of which the person(s) acted, executed the instrument. *my Notary Public • California Riverside County I certify under PENALTY OF PERJURY under the laws of the State of Commission # 2318601 California that the forgoing paragraph is true and correct. Comm. Expires Jan 10, 2024 WITNESS �� my a d and official seal. r ``� Signatuife uY Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person 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 Information of Bidder — City of Newport Beach Document Date: December 6, 2021 Number of Pages: 1 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Edward J. Carlson o Individual X Corporate Officer—Title(s): Vice President o Partner o Limited o General RIGH r THUMBPRINT o Attorney in Fact OF RIrNFR o Trustee Top of thumb here o Other: Signer's Name: ❑ Individual o Corporate Officer Title(s): _ o Partner _I o Limi d o General o Attorney in Fa o Trustee o Other: / Signer is Representing: Signer is Representing: 1 ALL AME RICAN ASPHALT AN [( JAI 01TORIUNHY POPIO)TR ALL AMERICAN ASPHALT ALL AMERICAN AGGREGATES CORPORATE RESOLUTION T'>>1 -73o-7600 F 9 1 I P.O. BOX 2229. CURUNA. CA (.:()N-IRAiIOW, I_ICI 'N11=_'o-oi_; kk I.' D 11: = 1 t 0000 I I I; I Resolved, that this Corporation, All American Asphalt, on January 1. 2021, aUthorizes Edward ,i. Carlson to execute contracts and agreements on behalf of the Company in the capacity of Vice President. Michael Farka ,-Secretary City of Newport Beach JAMBOREE ROAD PAVEMENT REHABILITATION AND RECLAIMED WATER CONVERSION Contract No. 7885-2 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on. the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Ratinq 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 JAMBOREE ROAD PAVEMENT REHABILITATION AND RECLAIMED WATER CONVERSION CONTRACT NO. 7885-2 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 11th day of January, 2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ALL AMERICAN ASPHALT, a California corporation ("Contractor"), whose address is 400 East Sixth Street Corona, California 92879, 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: mobilization and demobilization; best management practices (BMP); traffic control plan preparation and implementation; staking and survey monument restoration; utility company coordination and utility verification; clearing and grubbing, removal of existing roadway, improvements, subgrade preparation, cold milling of existing asphalt pavement roadway; construction of asphalt concrete (AC) pavement, asphalt rubberized hot mix (ARHM) pavement, full depth pavement section repairs, PCC sidewalk; stamped PCC median pavement; PCC cross gutter and spandrels; PCC curb and gutter, PCC median, curb, PCC curb ramps, truncated domes, storm drain improvements, catch basin / inlet improvements and modifications; median parkway drain and river rock; utility, adjustments, traffic signage improvements, striping and painted curb improvements, traffic signal improvements; patching damaged PCC curbs; importing and placing new Class A topsoil; irrigation system improvements; reclaimed water system improvements; hydroseeding; root pruning trees and root barrier installation; minor landscaping and irrigation repairs adjacent to PCC repairs; as -built plan preparation; and all other work required by the Contract Documents (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 7885-2, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Three Million Nine Hundred Fifty Five Thousand Five Hundred Fifty Five Dollars and 55/100 ($3,955,555.55). 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 Kimberly Bird 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. All American Asphalt Page 2 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 All American Asphalt Page 3 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Kimberly Bird All American Asphalt 400 East Sixth St Corona, CA 92879 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. All American Asphalt Page 4 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract All American Asphalt 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 All American Asphalt 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. All American Asphalt 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. inconsistencies between this Contract and terms of this Contract shall govern. In the event there are any conflicts or any other attachments attached hereto, the 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. All American Asphalt 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 Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] All American Asphalt 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 OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California mun ipal corporation Date: 11451i022 Date: By: �� By: Aaron C. Harp in oon City Attorney yor ATTEST: CONTRACTOR: All American Asphalt , a Date: -a3, o�6a�. California corporation Date: K"J111WDO IV� BrownLeilani 1. City Clerk Signed in Counterpart By: Mark Luer Chief Executive Officer Date: Signed in Counterpart By: Michael Farkas Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements All American Asphalt Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I / X5/,2 vZ.Z By: L:�e �ze t.' Aaron C. Harp City Attorney ATTEST: Date: 13 Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: In Kevin Muldoon Mayor CONTRACTOR: All American Asphalt , a Californi cor oration Date: 2. B Mark Luer Chief Executive Officer Date: By: c g Michael Farkas Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements All American Asphalt Page 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the rinenment to which this certificate is attached. and not the truthfiriness. accuracy. or, validity of that document. State of California County of Riverside on January 31 2022 before me, Kenona Nazari Notary Public Date Here Insert name and Title of the Officer personally appeared Mark Luer and Michael Farkas Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that #e/siae/their executed the same in #i=s!#er/their authorized capacity(ies), and that by #isJger/their signature(s) on the instrument the person(s), or the entity upon behalf KENONA NAZARI of which the person(s) acted, executed the instrument. Notary Public • California Riverside County certify � W I ceunder PENALTY OF PERJURY under the laws of the State of n ' Commission N 2318601 California that the forgoing paragraph is true and correct. Comm, Expires Jan 10, 2024 WITNESS my h and official seal. 79 Place Notary Seal Above Signature 1 Signature o NNotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person 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 Signature Page of Agreement — City of Newport Beach Document Date: _January 31 2022 Number of Pages: 10 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Mark Luer ❑ Individual X Corporate Officer — Title(s)- President ❑ Partner ❑ ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: Signer's Name: Michael Farkas ❑ Individual X Corporate Officer — Title(s): Secretary ❑ Partner ❑ ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Other: Signer is Representing: Premium is included in the performance bond Executed in: 2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 7667567 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to All American Asphalt hereinafter designated as the "Principal," a contract for mobilization and demobilization; best management practices (BMP); traffic control plan preparation and implementation; staking and survey monument restoration; utility company coordination and utility verification; clearing and grubbing, removal of existing roadway, improvements, subgrade preparation, cold milling of existing asphalt pavement roadway; construction of asphalt concrete (AC) pavement, asphalt rubberized hot mix (ARHM) pavement, full depth pavement section repairs, PCC sidewalk; stamped PCC median pavement; PCC cross gutter and spandrels; PCC curb and gutter, PCC median, curb, PCC curb ramps, truncated domes, storm drain improvements, catch basin / inlet improvements and modifications; median parkway drain and river rock; utility, adjustments, traffic signage improvements, striping and painted curb improvements, traffic signal improvements; patching damaged PCC curbs; importing and placing new Class A topsoil; irrigation system improvements; reclaimed water system improvements; hydroseeding; root pruning trees and root barrier installation; minor landscaping and irrigation repairs adjacent to PCC repairs; as -built plan preparation; and all other work required by the Contract Documents in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Fidelity and Deposit Company of Maryland 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 Three Million Nine Hundred Fifty Five Thousand Five Hundred Fifty Five Dollars and 55/100 ($3,955,555.55) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts All American Asphalt Page A-1 due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 26th day of January 2022. All American Asphalt Name of Contractor (Principal) Authoriz ignature/Title M�(,hae� tarp-qS ( Sec,retGn Fidelity and Deposit Company of Maryland � C Name of Surety Authorized Agent Signature 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 Rebecca Haas -Bates, Attorney -in -Fact Address of Surety Print Name and Title (213) 270-0600 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 9 a� By -A //Iv -v-) ria ori C. Harp Ci y Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt Page A-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attache& and not the truthfulness. accurnev. or validity of that document. State of California County of Riverside On January 31 2022 before me, Kenona Nazari Notary Public Date Here Insert name and Title of the Officer personally appeared Michael Farkas Name( f Signegs) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/at=e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/he-044& authorized capacity(ies), and that by his/her4heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. KENONA NAZARI Notary Public California I certify under PENALTY OF PERJURY under the laws of the State of Riverside CountyCalifornia that the forgoing ' Commission p 2318601 paragraph is true and correct. My Comm. Expires Jan 10, 2024 WITNESS my Ind and official seal. 1 Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person 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 Labor and Material Payment Bonds — City of Newport Beach Document Date: January 26 2022 Number of Pages: 5 Signer(s) Other Than Named Above: Rebecca Haas -Bates Attorney -in -Fact Capacity(ies) Claimed by Signer(s) Signer's Name: Michael Farkas ❑ Individual X Corporate Officer — Title(s): Secretary ❑ Partner ❑ ❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑ Other: Signer is Representing: Signer's Name ❑ Individual ❑ Corporate Officer — Title s): ❑ Partner ❑ ❑ Limited ❑ eneral ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: "'Please See Attached— ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )SS. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) All American Asphalt Page A-3 CALIFORNIA • • • 8. ' at.aCa .'•.a<.aCaCl"'C.aC .a<.at.aC.at a ,at.a .aCa . aCaC_at.a .aCa .aC.. ♦ 1 .aJv:C.a .aCa . c. C�•.a..aC. 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 01/26/2022 before me, Liliana Gomez, Notary Public Date personally appeared Rebecca Haas -Bates Here Insert Name and Title of the Officer Name(�,).,of Signers). who proved to me on the basis of satisfactory evidence to be the person(} whose name(!,,), Ware subscribed to the within instrument and acknowledged to me that he/she/fl-1--y executed the same in his/her/their authorized capacity Ni s), and that by hWher/their signature�4on the instrument the person(a),. or the entity upon behalf of which the person(s), acted, executed the instrument. 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 va Signature of Nota 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: Payment Bond No. 7667567 Document Date: 01/26/2022 Number of Pages: Three(3) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates Cl Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual W Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited J General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: L�✓.4-s:'✓ •✓:'✓ .✓<C:. -•✓ti'✓.� •✓s'ei •• L✓i'L�%i`/<VZ'L �ar'a. .L�.u4.✓ 'r/•'J 'e/•'Y5'eiG'•✓ •✓ 02014•nal Notary Association www.NationalNotary.org ill ' •Y (1 -800-876-6827) Item #591 LILIANA GOME F/ o ma Calif Notary pubic >. orange County # 2243326 My Commission Comm. ExPires May 20, 2022 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 va Signature of Nota 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: Payment Bond No. 7667567 Document Date: 01/26/2022 Number of Pages: Three(3) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates Cl Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual W Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited J General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: L�✓.4-s:'✓ •✓:'✓ .✓<C:. -•✓ti'✓.� •✓s'ei •• L✓i'L�%i`/<VZ'L �ar'a. .L�.u4.✓ 'r/•'J 'e/•'Y5'eiG'•✓ •✓ 02014•nal Notary Association www.NationalNotary.org ill ' •Y (1 -800-876-6827) Item #591 PRF7667567 Bond Number CITY OF NEWPORT BEACH Obligee ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Rebecca Haas -Bates its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, 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 ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day of January A.D. 2022 ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By: Dawn L. Brown Secretary State of Maryland County of Baltimore On this 26th day of January 'A.D. 2022 , before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction ofthe said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attornevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President, of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and 1 do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 26th day of January , zozz By: Brian M. Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.ret)ortsfclaimsa,zuriclina.com 800-626-4577 SEAL �O< By: Brian M. Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.ret)ortsfclaimsa,zuriclina.com 800-626-4577 Premium is for contract term and is subject to adjustment based on final contract price Executed in: 2 Counterparts EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 7667567 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 15,624.00 , being at the rate of $ 3.95 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to All American Asphalt hereinafter designated as the "Principal," a contract for mobilization and demobilization; best management practices (BMP); traffic control plan preparation and implementation; staking and survey monument restoration; utility company coordination and utility verification; clearing and grubbing, removal of existing roadway, improvements, subgrade preparation, cold milling of existing asphalt pavement roadway; construction of asphalt concrete (AC) pavement, asphalt rubberized hot mix (ARHM) pavement, full depth pavement section repairs, PCC sidewalk; stamped PCC median pavement; PCC cross gutter and spandrels; PCC curb and gutter, PCC median, curb, PCC curb ramps, truncated domes, storm drain improvements, catch basin / inlet improvements and modifications; median parkway drain and river rock; utility, adjustments, traffic signage improvements, striping and painted curb improvements, traffic signal improvements; patching damaged PCC curbs; importing and placing new Class A topsoil; irrigation system improvements; reclaimed water system improvements; hydroseeding; root pruning trees and root barrier installation; minor landscaping and irrigation repairs adjacent to PCC repairs; as -built plan preparation; and all other work required by the Contract Documents in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Fidelity and Deposit Company of Maryland duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Three Million Nine Hundred Fifty Five Thousand Five Hundred Fifty Five Dollars and 55/100 ($3,955,555.55) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein All American Asphalt Page B-1 specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 26th day of January 12022. All American Asphalt Name of Contractor (Principal) Authorized Signature/Title Mi(,ho,e,\ vwv-cF S ( Stc,revaq Fidelity and Deposit Company of Maryland 12"U -10t.A , 6,LQ- ,p, Name of Surety Authorized Agent Signature 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 Rebecca Haas -Bates, Attorney -in -Fact Address of Surety Print Name and Title (213) 270-0600 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: al 93 A By: r A on C. Harp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt Page B-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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. accnracv_ oi- validity of that document State of California County of Riverside On January 31, 2022 before me, Kenona Nazari, Notary Public Dale Here Insert name and Title of the Officer personally appeared Michael Farkas Name(4of Signer(s) . .rd °`.T F KENONA NAZARI = Notary Public • California Z Y Riverside County > ` Commission k 2318601 My Comm. Expires Jan 10, 2024 who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/s4e4hey executed the same in his/her/their authorized capacity(ies), and that by his/#egtheir 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 forgoing paragraph is true and correct. WITNESS my hpriqand official seal Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person 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 Faithful Performance Bond — City of Newport Beach Document Date: January 26, 2022 Number of Pages: 5 Signer(&) Other Than Named Above: Rebecca Haas -Bates, Attorney -in -Fact Capacity(fes) Claimed by Signer(s) Signer's Name: Michael Farkas Signer's Name: ❑ Individual ❑ Individual X Corporate Officer — Title(s): Secretary ❑ Corporate Officer — Title( ❑ Partner ❑ ❑ Limited ❑ General ' ❑ Partner ❑ ❑ Limited ❑ neral RIGHT THUMBPRINT ❑ Attorney in Fact OFSIrNER ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Trustee ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: All American Asphalt "Please See Attached* ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )SS. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) All American Asphalt Page B-3 CALIFORNIA•• , CIVIL •. RC..'1C.a�.'�C�C.a<.aC.aC��.a.�. '-�<_aC.c�C.s�C.aC.c� .aC.aC�C_AC_+a _ - _ _ _ _ _ _ _ _`:a�ars�C�ars�:C;c�NaClc�N.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 01/26/2022 before me, Liliana Gomez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof Signer(s, who proved to me on the basis of satisfactory evidence to be the persons} whose name(6� is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(iea), and that by his/her/their signatures on the instrument the person(*, or the entity upon behalf of which the person( acted, executed the instrument. LILIANA GOMEZ ti Notary Public - California Orange County y' Comm155'i0n k 2243326 My Comm, Expires May 20, 2022 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 wi4 Signature of Notary blic 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: Performance Bond No. 7667567 Document Date: 01/26/2022 Number of Pages: Three(3) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual W Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ✓ "✓'"✓ ' "'i<'� <�f..c�':K'✓. '✓i'✓ '• G...........c'er✓.'ti�i5'ri.�.c' .c`. 'y"✓A�:'✓ •N.'yc'm4�✓. 't/5�:�.c.•i:_✓.c.ye.y .ye'✓G'Lc�.c'n�4Vc'e/ ' EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President, of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 26th day of January , 2022 By: Brian M. Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.revortsfclaimsna,ZLli-iclina.com 800-626-4577 SEAL V vv By: Brian M. Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.revortsfclaimsna,ZLli-iclina.com 800-626-4577 EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers.. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an All American Asphalt Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten All American Asphalt Page C-2 (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be All American Asphalt Page C-3 entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. All American Asphalt Page C-4 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. All American Asphalt Page C-5 City of Newport Beach JAMBOREE ROAD PAVEMENT REHABILITATION AND RECLAIMED WATER CONVERSION Contract No. 7885-2 (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. 7885-2 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: iz&/�� Date 951-736-7600 1 951-736-7646 Bidder's Telephone and Fax Numbers 267073 A, C-12 Bidder's License No(s). and Classification (s) 1000001051 DIR Registration Number WM All American Asphalt Bidder / Bidder' Auth ized Signature and Title Edward J. Carlson, Vice President 400 East Sixth Street, Corona, CA 92879 Bidder's Address Bidder's email address publicworks@allamericanasphalt.com NM k I Ll -'I. ;Ill Vendor Name All American Asphalt Address PO Box 2229 Delivery Method Corona, California 92878 Bid Responsive United States Respondee Kimberly Bird Respondee Title Project Manager Phone 951-736-7600 Email publicworks@allamericanasphalt.com Vendor Type CADIR License # 267073 CADIR 1000001051 Bid Format Electronic Submitted 12/07/2021 9:53 AM (PST) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 274795 File Title File Name File Type NEWPORT BEACH CONTRACT NO. 7885-2 Proposal.pdf NEWPORT BEACH CONTRACT NO. 7885-2 Proposal.pdf General Attachment NEWPORT BEACH BID BOND JAMBOREE RD.pdf NEWPORT BEACH BID BOND JAMBOREE RD.pdf Bid Bond Discount Terms No Discount Item Item # Code Type Section 1 1 Mobilization/Demobilization 2 Surveying Services 3 Traffic Control 4 Clearing and Grubbing 5 Roadway Ex. for Full Depth Pavement Section (14 -Inch Excavation) 6 Roadway Ex. for Full Depth Pavement Sections (12 -Inch Excavation) 7 Cold Mill Existing AC Pavement 2.5 Inch Max 8 Construct 1 -Inch Minimum AC Pavement Leveling Course 9 Construct Full Depth AC Pavement Sections 10 Construct ARHM Pavement Surface Course 11 Remove Existing and Construct 4 -Inch Thick PCC Sidewalk 12 Remove Existing and Construct 4 -Inch Thick Stamped PCC Pavement 13 Construct Stamped PCC Pavement over Existing PCC Pavement 14 Remove Existing and Construct 8 -Inch Thick PCC Cross Gutter and Spandrels 15 Patch Damaged PCC Curb with Ardex CP or Approved Equal 16 Remove Existing and Construct PCC Curb and Gutter (Type A) 17 Remove Existing and Construct PCC Curb (Type B) 18 Remove Existing and Construct 6 -Inch Thick PCC Driveway 19 Remove Existing and Construct 4 -Inch Thick PCC Curb Ramp 20 Remove Existing and Construct 4 -Inch Thick PCC Maintenance Curb Ramp 21 Remove Existing and Install Truncated Dome Pavers Only 22 Potholing for Storm Drain Main Only 23 Remove Existing Storm Drain Pipe, Install 12 -Inch SDR35 PVC Storm Drain and Join Existing 15" CMP and Catch Basin 24 Install 24" x 24" Grate Inlet and Construct Local Depression Remove Existing and Construct Parkway Catch Basin Top Slab, Manhole Frame and Cover, Portion of Catch Basin Side Walls and Local Depression Remove Existing and Construct Median Catch Basin Top Slab, Manhole Frame and Cover, Local Depression and Portion of Catch Basin Side Walls Remove Existing and Construct Median Grate Inlet Top Slab, Grate Inlet, and Portion of Side Walls Remove Existing and Construct New Median Grade Inlet Remove Existing and Construct Parkway Drain, Local Depression, River Rock, Safety Strip, Curbs, Hydroseed, and Required Grading Adjust Storm Drain Manhole Ring, Frame, and Cover to Grade Adjust City Sewer Manhole Ring, Frame, and Cover to Grade Remove Existing and Install New OCSD Sewer Manhole Ring, Frame, and Cover to Grade Adjust City Water Manhole Ring, Frame, and Cover to Grade Adjust OCWD Reclaimed Water Manhole Ring, Frame, and Cover to Grade Adjust Level 3 Manhole Ring, Frame, and Cover to Grade Adjust 2" Combination Air -Release Valve Assembly to Grade (Install New Enclosure, Valve Box, and PCC Slab) Remove and Replace City Water Valve Box and Cover to Grade Remove and Replace OCWD Reclaimed Water Valve Box and Cover to Grade Remove and Replace Cathodic Protection Testing Station Box and Cover to Grade Remove and Replace Sewer Cleanout Box to Grade Remove and Replace Street Light or Traffic Signal Pull Box to Grade Remove and Replace Street Light or Traffic Signal Pull Box Lid to Grade Remove and Replace City Water Meter Box to Grade Remove and Replace Traffic Signal Detector Loop Advanced Detector Loop Extensions Install New Bike Detector Loop Cable and Connect to Existing Controller Install New Pedestrian Push Button Post and Push Button Assembly Near Hyatt Entrance and Connect to Existing Traffic Signal Wiring Adjust Pedestrian Push Button Post and Push Button Assemblies to Grade and Connect to Existing Traffic Signal Wiring Lower Pedestrian Push Button Assemblies on Existing Traffic Signal Pole Item Description 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 UOM QTY Unit Price Line Total Response Comment $3,955,555.55 LS 1 $197,486.85 $197,486.85 Yes LS 1 $47,805.00 $47,805.00 Yes LS 1 $91,975.00 $91,975.00 Yes LS 1 $51,076.00 $51,076.00 Yes SF 1850 $1.73 $3,200.50 Yes SF 43000 $1.73 $74,390.00 Yes SF 945000 $0.20 $189,000.00 Yes TON 7700 $80.00 $616,000.00 Yes TON 3350 $82.00 5274,700.00 Yes TON 8900 $90.00 $801,000.00 Yes SF 2900 $8.07 $23,403.00 Yes SF 7400 $12.30 $91,020.00 Yes SF 11500 $8.30 $95,450.00 Yes SF 1400 $22.00 $30,800.00 Yes LF 190 $10.67 $2,027.30 Yes LF 1030 $45.15 $46,504.50 Yes LF 7750 $36.75 $284,812.50 Yes SF 350 $19.75 S6,912.50 Yes EA 11 $3,600.00 $39,600.00 Yes EA 2 $3,878.00 57,756.00 Yes SF 60 $16.83 $1,346.40 Yes LS 1 $20,941.00 920,941.00 Yes LF 66 $1,226.00 $80,916.00 Yes EA i 573,791.00 $13,791.00 Yes EA 1 $11,221.00 $11,221.00 Yes EA 1 $7,013.00 $7,013.00 Yes EA 1 $31,157.00 $31,157.00 Yes EA 1 $5,020.00 $5,020.00 Yes LS 1 $15,563.00 $15,563.00 Yes EA 12 $919.00 $11,028.00 Yes EA 19 $919.00 $17,461.00 Yes EA 22 5919.00 $20,218.00 Yes EA 3 $919.00 $2,757.00 Yes EA 2 $919.00 51,838.00 Yes EA 1 $919.00 $919.00 Yes EA 1 $3,065.00 53,065.00 Yes EA 40 $638.00 $25,520.00 Yes EA 9 5638.00 $5,742.00 Yes EA 1 $1,788.00 $1,788.00 Yes EA 3 $1,175.00 $3,525.00 Yes EA 14 $1,073.00 $15,022.00 Yes EA 2 $337.00 $674.00 Yes EA 3 $638.00 $1,914.00 Yes EA 189 $291.00 $54,999.00 Yes LS 1 $97,49200 $97,492.00 Yes EA 5 $1,532.00 $7,660.00 Yes EA 1 $4,035.00 $4,035.00 Yes EA 1 $1,788.00 $1,788.00 Yes EA 1 $1,251.00 $1,251.00 Yes Item # Item Code Type Item Description UOM QTY Unit Price Line Total Response Comment 50 Install Striping, Pavement Markings, Pavement Markers, and Red Curb Markings LS 1 $94,951.00 $94,951.00 Yes 51 Traffic Signage LS 1 S13,101.00 $13,101.00 Yes 52 Import and Place Class A Topsoil and Precise Grade Median CY 500 $77.00 $38,500.00 Yes 53 Potholing and Reclaimed Water Main Only LS 1 $19,715.00 $19,715.00 Yes 54 Install 8 -Inch C900 DR -14 PVC Reclaimed Water Main LF 505 $179.00 $90,395.00 Yes 55 Install 8 -Inch Ductile Iron Resilient Wedge Gate Valve EA 1 $20,941.00 $20,941.00 Yes 56 Join Existing 16 -Inch OCWD Reclaimed Water Main LS 1 527,785.00 $27,785.00 Yes 57 Install 2 -Inch Reclaimed Water Service and 1 -1l2 -Inch Reclaimed Water Meter EA 1 $39,124.00 $39,124.00 Yes 58 Install 2 -Inch Air -Release Valve Assembly EA 1 $13,791.00 $13,791.00 Yes 59 Remove Existing Water Meter, Meter Box, and Existing Backflow Preventer LS 1 518,387.00 $18,387.00 Yes 60 Remove Existing Irrigation System and Construct New Irrigation System Improvements LS 1 $107,260.00 $107,260.00 Yes 61 Root Prune Existing Tree and Install Root Barrier (Parkway Only) LF ISO $46.25 $8,325.00 Yes 62 Hydro—al Mix SF 35000 50.46 $16,100.00 Yes 63 90 -Day Maintenance Period LS 1 $4,597.00 $4,597.00 Yes 64 Provide As -Built Plans LS 1 $2,000.00 $2,000.00 Yes CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS JAMBOREE ROAD PAVEMENT REHABILITATION AND RECLAIMED WATER CONVERSION PROJECT NO. 21 R15 CONTRACT NO. 7885-2 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 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-7 SUBSURFACE DATA 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.2 Survey Service 2-11 INSPECTION 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 1 1 2 2 2 2 2 2 3 3 4 4 4 4 4 5 5 5 5 5 5 5 6 6 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6 6-1.1 Construction Schedule 6 6-7 TIME OF COMPLETION 7 6-7.1 General 7 6-7.4 Sequence of Construction 8 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 8 6-9 LIQUIDATED DAMAGES 8 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 9 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 9 7-1.2 Temporary Utility Services 9 7-2 LABOR 9 7-2.2 Prevailing Wages 9 7-5 PERMITS 9 7-7 COOPERATION AND COLLATERAL WORK 10 7-7.1 Shutdown Requirements for City Owned Facilities 10 7-7.2 Shutdown Requirements for Recycled Water Work and Any Work Pertaining to OCWD Facilities 10 7-8 WORK SITE MAINTENANCE 10 7-8.1 General 10 7-8.4 Storage of Equipment and Materials 11 7-8.4.2 Storage in Public Streets 11 7-8.6 Water Pollution Control 11 7-8.6.2 Best Management Practices (BMPs) 11 7-10 SAFETY 11 7-10.3 Haul Routes 11 7-10.4 Safety 12 7-10.4.1 Work Site Safety 12 7-10.5 Security and Protective Devices 12 7-10.5.3 Steel Plate Covers 12 SECTION 9 - MEASUREMENT AND PAYMENT 12 9-2 LUMP SUM WORK 12 9-3 PAYMENT 12 9-3.1 General 12 9-3.2 Partial and Final Payment. 25 PART 2 - CONSTRUCTION MATERIALS 26 SECTION 200 — ROCK MATERIALS 26 200-1 ROCK PRODUCTS 26 200-1.1 General 26 200-2 UNTREATED BASE MATERIALS 26 200-2.1 General 26 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 26 201-1 PORTLAND CEMENT CONCRETE 26 201-1.1 Requirements 26 201-1.1.2 Concrete Specified by Class and Alternate Class 26 201-2 REINFORCEMENT FOR CONCRETE 26 201-2.2 Steel Reinforcement 26 201-2.2.1 Reinforcing Steel 26 SECTION 203 — BITUMINOUS MATERIALS 26 203-6 ASPHALT CONCRETE 26 203-6.5 Type III Asphalt Concrete Mixtures 26 203-11 ASPHALT RUBBER HOT MIX (ARHM) 27 203-11.3 Composition and Grading 27 SECTION 207 — GRAVITY PIPE 27 207-17 PVC GRAVITY PIPE 27 207-17.1 General. 27 SECTION 209 — PRESSURE PIPE 27 209-1 IRON PIPE AND FITTINGS 27 209-1.1 Ductile Iron Pipe 27 209-1.1.2 Materials 27 209-4 PVC PRESSURE PIPE 28 209-4.1 General 28 209-4.2 Tracer Wire and Detectable Warning Tape 29 209-4.3 Inspection of PVC Pressure Pipe 30 209-9 PIPE APPURTENANCES 30 209-9.1 General 30 SECTION 212 — WATER AND SEWER SYSTEM VALVES AND APPURTENANCES 31 212-5 VALVES 31 212-5.1 AWWA Resilient Wedge Gate Valves 31 SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 32 214-4 PAINT FOR STRIPING AND MARKINGS 32 214-4.1 General 32 214-4.3 Preformed Green Thermoplastic Markings 32 214-6 PAVEMENT MARKERS 32 214-6.3 Non -Reflective Pavement Markers 32 214-6.3.1 General 32 214-6.4 Retroreflective Pavement Markers 32 214-6.4.1 General 32 SECTION 215 - TRAFFIC SIGNS 32 215-1 General. 32 SECTION 217 - BEDDING AND BACKFILL MATERIALS 33 217-1 BEDDING MATERIAL 33 217-1.1 General. 33 PART 3 - CONSTRUCTION METHODS 33 SECTION 300 - EARTHWORK 33 300-1 CLEARING AND GRUBBING 33 300-1.1 General. 33 300-1.3 Removal and Disposal of Materials 34 300-1.3.1 General 34 300-1.3.2 Requirements 35 SECTION 301 — TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF BASE MATERIALS 35 301-1 SUBGRADE PREPARATION 35 301-1.8 Unstable Materials 35 300-11 STONEWORK FOR EROSION CONTROL 36 300-11.1 General. 36 301-2 UNTREATED BASE 36 301-2.3 Compacting 36 SECTION 302 - ROADWAY SURFACING 36 302-1 COLD MILLING OF EXISTING PAVEMENT 36 302-1.1 General 36 302-5 ASPHALT CONCRETE PAVEMENT 37 302-5.1 General 37 302-5.4 Tack Coat 37 302-5.8 Manholes (and Other Structures) 37 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 37 302-6.7 Traffic and Use Provisions 37 302-9 ASPHALT RUBBER HOT MIX (ARHM) 37 302-9.1 General 37 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 38 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND 39 DRIVEWAYS 38 303-5.1 Requirements 38 303-5.1.1 General 38 303-5.5 Finishing 38 303-5.5.2 Curb 38 303-5.5.4 Gutter 38 303-5.7 Repairs and Replacements 38 303-6 STAMPED CONCRETE 39 303-6.1 General 39 303-7 COLORED CONCRETE 39 303-7.1 General 39 303-9 CONCRETE CRACK REPAIR 39 303-9.1 General 39 SECTION 306 - OPEN TRENCH CONDUIT CONSTRUCTION 39 306-3 TRENCH EXCAVATION 39 306-3.1 General 39 306-3 BEDDING 39 306-6.1 General 39 306-7 PREFABRICATED GRAVITY PIPE 39 306-7.7 Plastic Sewer and Drainage Pipe 39 306-8 PREFABRICATED PRESSURE PIPE 40 306-8.9 Pipeline Pressure Testing, Disinfection, and Commissioning 40 306-8.9.2 Hydrostatic Test for PVC Pressure Pipe 40 306-8.9.2.3 PVC Pipe Allowable Leakage 40 306-8.9.3 Testing of Valves, Pipe, and Piping Appurtenance 41 306-8.9.4.4 Reclaimed (Recycled) Water System Disinfection Procedures 41 306-12 BACKFILL 41 306-12.1 General 41 SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 42 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 42 314-2.1 General 42 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 42 314-4.1 General 42 314-4.2 Control of Alignment and Layout 42 314-4.2.1 General 42 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 43 314-4.4.1 General 43 314-4.4.2 Surface Preparation 43 314-4.7 Application of Preformed Green Thermoplastic Markings 43 314-5 PAVEMENT MARKERS 43 314-5.1 General 43 SECTION 315 - TRAFFIC SIGN INSTALLATION 43 PART 6 — TEMPORARY TRAFFIC CONTROL 44 SECTION 600 - ACCESS 44 600-1 GENERAL 44 600-2 VEHICULAR ACCESS 44 600-3 PEDESTRIAN ACCESS 45 SECTION 601— WORK AREA TRAFFIC CONTROL 45 601-1 GENERAL 45 601-2 TRAFFIC CONTROL PLAN (TCP) 45 PART 7 — STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS 46 SECTION 700 — MATERIALS 46 700-5 TRAFFIC SIGNAL MATERIALS 46 700-5.8 Detectors 46 SECTION 701— CONSTRUCTION 46 701-8 FOUNDATIONS, FOUNDATION CAPS AND SLABS 46 701-17 TRAFFIC SIGNAL CONSTRUCTION 46 701-17.6 Detectors 46 701-17.6.3 Inductive Loop Detectors 46 PART 8 — LANDSCAPING AND IRRIGATION 46 SECTION 800 - MATERIALS 46 800-1 LANDSCAPING MATERIALS 46 800-1.1 Topsoil 46 800-1.1.1 General 46 800-1.6 Hydroseeding 47 800-1.6.1 General 47 800-1.6.2 Fiber Mulch 47 800-1.6.3 Wetting Agent 47 800-1.6.4 Stabilizing Emulsion 47 800-1.6.5 Seed 47 SECTION 801 - INSTALLATION 47 801-1 GENERAL 47 801-1.1 Median Topsoil and Turf Installation 48 801-1.2 Landscaping and Irrigation Removal and Repairs 48 801-1.3 Root Pruning and Root Barrier Installation 48 801-4.10 Hydroseeding 49 800-4.10.1 Application 49 800-4.10.2 Post Seeding 50 801-6 MAINTENANCE AND PLANT ESTABLISHMENT 50 801-7 MEASUREMENT 50 [V] CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS JAMBOREE ROAD PAVEMENT REHABILITATION AND RECLAIMED WATER CONVERSION PROJECT NO. 21 R15 CONTRACT NO. 7885-2 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -7017-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: http://www.newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS UNITS OF MEASURE AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT Page SP 1 of 50 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. 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 mobilization and demobilization; best management practices (BMP); traffic control plan preparation and implementation; staking and survey monument restoration; utility company coordination and utility verification; clearing and grubbing, removal of existing roadway improvements, subgrade preparation, cold milling of existing asphalt pavement roadway; construction of asphalt concrete (AC) pavement, asphalt rubberized hot mix (ARHM) pavement, full depth pavement section repairs, PCC sidewalk; stamped PCC median pavement; PCC cross gutter and spandrels; PCC curb and gutter, PCC median curb, PCC curb ramps, truncated domes, storm drain improvements, catch basin / inlet improvements and modifications; median parkway drain and river rock; utility adjustments, traffic signage improvements, striping and painted curb improvements, traffic signal improvements; patching damaged PCC curbs; importing and placing new Class A topsoil; irrigation system improvements; reclaimed water system improvements; hydroseeding; root pruning trees and root barrier installation; minor landscaping and irrigation repairs adjacent to PCC repairs, as -built plan preparation, and all other work required by the Contract Documents. 2-7 SUBSURFACE DATA Add to this section, "The following report has been prepared for the City of Newport Beach and is attached as Appendix A for the Contractor's reference. 1. "Geotechnical Investigation and Pavement Report, Jamboree Road Street Rehabilitation Between PCH and Ford" prepared by Group Delta Consultants, Inc., dated March 3, 2021. (GDC Project No. IR755)" 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 which may be disturbed. The Contractor shall: Page SP 2 of 50 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. 2-9.2 Survey Service Delete this section and replace with the following: The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is Stantec Consulting Services Inc. and can be contacted at (949) 929-1449. At a minimum, two (2) sets of cut -sheets for all areas shall be included in the bid price and copies of each set shall be provided to the City 48 -hours in advance of any work. 2-11 INSPECTION Add to this section, "Contractor shall contact the Orange County Sanitation District (OCSD) inspector 48 business hours (Monday through Thursday) prior to inspection of OCSD manhole adjustments. Contractor to coordinate the inspection requirements during the pre -construction meeting. Contractor shall coordinate with the Orange County Water District (OCWD) regarding any inspection requirements. Contact Ben Smith at 714-378-3211 during pre - construction. Reclaimed water work upstream of meter to be inspected by OCWD (Ben Smith) at least two days prior to completion of work." Page SP3of50 SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the total subcontracted cost may be added by the Contractor. To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. Page SP 4 of 50 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 materials. In addition to submitting to the City, the Contractor shall submit all submittals required for the construction of the reclaimed water pipeline as shown on the construction plans, including water meter and all pipe appurtenances, to Ben Smith with OCWD (714-678-3211) for approval. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of 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. Page SP5of50 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. Contractor shall protect all existing utilities crossing the proposed storm drain to the satisfaction of the City and Utility Owners. 5-4 RELOCATION All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes, cathodic protection test station covers, 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. All OCWD reclaimed water valve boxes shall also be replaced to finish grade with new utility boxes. During asphalt paving operation, manholes within paving area shall be temporarily lowered and covered. Upon completion of paving operation, manholes shall be permanently adjusted to finish grade. Refer to details on Plans for adjustment of OCSD manholes. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other utility companies to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the project schedule. The Contractor shall provide the necessary survey control for all utility companies to adjust boxes and vaults to the final grade. The Contractor will be required to coordinate with these companies for inspection of the work. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion Page SP 6 of 50 requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In addition, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 80 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Unless otherwise approved by the Engineer, construction shall start on or before February 7, 2022 in order to complete construction activities prior to the start of the busy summer season (Memorial Day 2022). Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., 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. Contractor shall not close any lanes until after Corona del Mar High School's first bell. This is typically at 7:50 AM except for "Late Start" days which is at 9:00 AM. "Late Start" days are as follows: 1/3, 1/10, 1/24, 1/31, 2/7, 2/14, 2/28, 3/7, 3/21,3/28, 4/4, 4/18, 4/25, 5/2, 5/9, 5/16, and 5/23. Pavement striping may be completed at night to minimize disruption to the community. The following days are designated City holidays and are non -working days: 1. January 1 st (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 4t" (Independence Day) 6. First Monday in September (Labor Day) Page SP 7 of 50 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. 6-7.4 Sequence of Construction Project shall be sequenced in accordance with this section. All reclaimed water, storm drain, median hardscape, median landscape and irrigation improvements, sidewalk, curb, gutter, curb access ramps, cross gutter, placement of topsoil, grading and traffic signal improvements (except for new loops) shall be completed prior to beginning grinding and paving operations. The limits of work for each working day shall only extend as far as both cold milling and placement of the leveling course can be completed. No pavement shall be left cold milled at the end of the work day. Full depth pavement reconstruction areas shall be constructed prior to cold milling and placement of AC leveling course. and shall extend to the existing finished surface. 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 on the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00. Page SP 8 of 50 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 $973.00 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. 7-5 PERMITS The City will process a Department of Drinking Water (DDW) permit to allow the reclaimed water improvements. Therefore, the proposed reclaimed water and irrigation system improvements will be subject to the requirements of this permit. The Contractor shall assume coordination with the Orange County Health Care Agency (OCHCA) for additional inspections for these improvements. Page SP 9 of 50 7-7 COOPERATION AND COLLATERAL WORK 7-7.1 Shutdown Requirements for City Owned Facilities City forces will perform all shut downs of City owned potable 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 City owned potable 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 City owned potable 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 City owned potable water shutdown with a form provided by the Engineer at least 48 hours in advance of the water shut down. 7-7.2 Shutdown Requirements for Recycled Water Work and Any Work Pertaining to OCWD Facilities OCWD will perform all shut downs, filling, and other operations pertaining to OCWD's recycled water system. The Contractor shall provide OCWD and City advanced notice a minimum of seven calendar days prior to the time contractor desires the shutdown. Contractor shall dewater the recycled water pipeline and appropriately dispose of the recycled water in a manner approved by OCWD. A blow -off is available for contractor use immediately east of the 8 -inch connection point. If the contractor elects to dismantle portions of the blow -off, the Contractor shall reassemble it with new gaskets and stainless steel hardware. The quantity of recycled water to be removed from the pipeline is at least 3,500 gallons, pending successful isolation by existing valves surrounding the pipeline segment under construction. A two weekday shutdown of the recycled water facilities will be allowed. The Contractor will be responsible for dewatering and completing all recycled water connections within the time period allowed. The times and dates of any recycled water to be shut down must be coordinated with OCWD. It is the Contractor's responsibility to notify the affected businesses and residents of the upcoming recycled water shutdown with a form provided by the Engineer at least 48 hours in advance of the recycled water shut down, including at a minimum the Newport Beach Country Club and the San Joaquin Apartments. 7-8 WORK SITE MAINTENANCE 7-8.1 General In addition to the required motorized street sweepers following the cold milling machine as described in Section 302-1.7 of the Standard Specifications for Public Works Page SP 10 of 50 Construction, the Contractor shall provide two (2) additional motorized sweepers for the duration of the grinding and paving operation. 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 7-10 SAFETY 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. Page SP 11 of 50 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. 7-10.5 Security and Protective Devices 7-10.5.3 Steel Plate Covers Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. In addition, steel plates on asphalt pavement shall be pinned and recessed flush with existing pavement surface. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for providing bonds, insurance and financing, establishing a material and equipment storage location, documenting existing conditions, providing submittals, preparing and implementing the BMP, preparing and updating construction schedules as requested by the Engineer, attending construction progress meetings as needed, procuring and installing a construction project funding identification sign for Senate Bill 1 (SB1) funding per Page SP 12 of 50 Section 215, coordinating with all applicable agencies, stakeholders and utility companies, 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 and installing new monument frame and covers, 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, preparing traffic control plans, providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards, K -rails, temporary pavement and striping, steel plates, and flag persons. This item includes providing six (6) Changeable Message Signs (CMS) for the duration of the Contract 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 California Manual on Uniform Traffic Control Devices (CA MUTCD), the W.A.T.C.H. Manual, latest edition, and City requirements. Item No. 4 Clearing and Grubbing: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for all clearing and grubbing items of work (as described in Section 300-1) and any other item of work which is required for the project that is not specifically specified in a separate bid item. Item No. 5 Roadway Excavation for Full Depth Pavement Sections (14 -Inch Excavation): Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for sawcutting and removal of existing pavement; removal of base and subgrade material to depth of new pavement section; and all other work items as required to complete the work in place. Item No. 6 Roadway Excavation for Full Depth Pavement Sections (12 -Inch Excavation): Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for sawcutting and removal of existing pavement; removal of base and subgrade material to depth of new pavement section; and all other work items as required to complete the work in place. Item No. 7 Cold Mill Existing Pavement 2.5 -Inches Maximum: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for cold milling the asphalt concrete pavement, additional street sweepers, constructing Page SP 13 of 50 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. 8 Construct 1 -Inch Minimum AC Pavement Leveling Course: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for applying a trackless tack coat, spreading and compacting the variable depth asphalt concrete leveling course and all other work items as required to complete the work in place. Item No. 9 Construct Full Depth AC Pavement Sections: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for applying a trackless tack coat, spreading and compacting the full depth asphalt concrete pavement sections and all other work items as required to complete the work in place. Item No. 10 Construct ARHM Pavement Surface Course: Work under this item shall include, but not be limited to, al labor, tools, equipment, and material costs for applying a trackless tack coat, spreading and compacting the ARHM pavement and all other work items as required to complete the work in place. Item No. 11 Remove Existing and Construct 4 -Inch Thick PCC Sidewalk: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for removal of all existing improvements (concrete, asphalt concrete, landscaping, base and subgrade material, etc.) required to construct the new sidewalk; grading and compaction of subgrade; construction of concrete sidewalk; installation of expansion joint material; construction of weakened plane joints; construction of under sidewalk drains not covered by another bid item; regrading and repair of impacted landscaping and irrigation system improvements to match existing; restoration of all existing improvements damaged by the work; and all other work items as required to complete the work in place. Item No. 12 Remove Existing and Construct 4 -Inch Thick Stamped PCC Pavement: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for removal of all existing improvements (concrete, asphalt concrete, landscaping, base and subgrade material, etc.) required to construct the new stamped PCC pavement; importing and placement of onsite or imported engineering fill to subgrade; importing and placement of CMB; grading and compaction of subgrade and CMB; construction of integral colored and stamped PCC pavement; installation of expansion joint material; construction of weakened plane joints; restoration of all existing improvements damaged by the work; and all other work items as required to complete the work in place. Item No. 13 Construct Stamped PCC Pavement over Existing Stamped PCC Pavement: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for the construction of variable thickness integral colored and stamped PCC pavement over sand; installation of expansion joint material; construction of weakened plane joints; restoration of all existing improvements damaged by the work; and all other work items as required to complete the work in place. Page SP 14 of 50 Item No. 14 Remove Existing and Construct 8 -Inch Thick PCC Cross Gutter and Spandrels: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for the removal of all existing improvements (concrete, asphalt concrete, landscaping, base and subgrade material, etc.) required to construct the new cross gutter, integral curbs, and adjacent asphalt pavement repair; grading and compaction of subgrade; importing, placing, and compacting the CMB; construction of PCC cross gutter, PCC spandrels, integral PCC curbs and adjacent full depth AC pavement repair; installation of smooth galvanized steel bars; installation of expansion joint material; construction of weakened plane joints; restoration of all existing improvements damaged by the work; and all other work items as required to complete the work in place. Item No. 15 Patch Damaged PCC Curb with Ardex CP or Approved Equal: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for cleaning, surface preparation and patching damaged PCC curb with Ardex CP or approved equal and all other work items as required to complete the work in place. Item No. 16 Remove Existing and Construct PCC Curb and Gutter (Type A): Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for the removal of all existing improvements (concrete, asphalt concrete, landscaping, base and subgrade material, etc.) required to construct the new curb and gutter and adjacent asphalt pavement repair; importing and placement of CMB (median curb and gutter only), grading and compaction of subgrade and CMB; construction of concrete curb and gutter (standard and modified gutter pans) and adjacent full depth asphalt pavement repair, installation of expansion joint material; construction of weakened plane joints, reconstruction of existing curb drains; re -chiseling the curb face for existing underground utilities; regrading and repair of impacted landscaping and irrigation system improvements to match existing; restoration of all existing improvements damaged by the work; and all other work items as required to complete the work in place. Item No. 17 Remove Existing and Construct PCC Curb (Type B): Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for the removal of all existing improvements (concrete, asphalt concrete, landscaping, base and subgrade material, etc.) required to construct the new curb and adjacent asphalt pavement repair; importing and placement of onsite or imported engineering fill; importing and placement of CMB, grading and compaction of subgrade and CMB; construction of concrete curb (all curb heights, including integral curb) and adjacent full depth asphalt pavement repair, installation of expansion joint material; construction of weakened plane joints, re -chiseling the curb face for existing underground utilities; regrading and repair of impacted landscaping and irrigation system improvements to match existing; restoration of all existing improvements damaged by the work; and all other work items as required to complete the work in place. Page SP 15 of 50 Item No. 18 Remove Existing and Construct 6 -Inch Thick PCC Driveway: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for removal of all existing improvements (concrete, asphalt concrete, landscaping, base and subgrade material, etc.) required to construct the new driveway and adjacent asphalt pavement repair; grading and compaction of subgrade; importing, placement, and compaction of CMB; construction of concrete driveway; installation of expansion joint material; construction of weakened plane joints; regrading and repair of impacted landscaping and irrigation system improvements to match existing, restoration of all existing improvements damaged by the work; and all other work items as required to complete the work in place. Item No. 19 Remove Existing and Construct 4 -Inch Thick PCC Curb Ramp: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for the removal of all existing improvements (concrete, asphalt concrete, landscaping, base and subgrade material, etc.) required to construct the new curb ramp and adjacent improvements; grading and compaction of subgrade; construction of concrete curb ramp, integral retaining curbs, adjacent curb & gutter, adjacent full depth pavement repair, truncated dome tiles, and adjacent sidewalk; installation of expansion joint material; construction of weakened plane joints; construction of under sidewalk drains not covered by another bid item; regrading and repair of impacted landscaping and irrigation system improvements to match existing; adjustments or relocations of any impacted utilities (including replacement of pull boxes), restoration of all existing improvements damaged by the work; and all other work items as required to complete the work in place. Traffic signal improvements near curb ramp repairs are per separate bid items. Item No. 20 Remove Existing and Construct 4 -Inch Thick PCC Curb Maintenance Ramp: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for the removal of all existing improvements (concrete, asphalt concrete, landscaping, base and subgrade material, etc.) required to construct the new maintenance curb ramp and adjacent improvements; importing and placement of CMB; grading and compaction of subgrade and CMB; construction of integral colored concrete curb ramp; installation of expansion joint material; construction of weakened plane joints; restoration of all existing improvements damaged by the work; and all other work items as required to complete the work in place. Item No. 21 Remove Existing and Install Truncated Dome Pavers Only: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for the removal of all existing improvements (concrete, asphalt concrete, landscaping, base and subgrade material, etc.) required to install the new truncated dome pavers; grading and compaction of subgrade; construction of truncated dome pavers and underlying PCC pavement; and all other work items as required to complete the work in place. Installation on truncated dome pavers for curb ramps shall be per a separate bid item. Item No. 22 Potholing for Storm Drain Main Only: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for potholing related to the storm drain pipe and related appurtenances only. Potholing shall take Page SP 16 of 50 place in advance of storm drain construction and include existing storm drain, tie-in locations, all utility crossings shown on the construction plans, and all utilities indicated by USA that are not shown on plans. All other potholing and utility verification for the project shall be included in the various work items unless otherwise noted. Item No. 23 Remove Existing Storm Drain Pipe, Install 12 -Inch SDR35 PVC Storm Drain and Join Existing 15" CMP and Catch Basin: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing of existing pavement and conflicting improvements (including existing storm drain pipes); temporary and permanent support and protection of existing utilities; temporary patching or plating; controlling ground and surface water as necessary; furnishing and installing 12 -inch SDR35 PVC storm drain (including joining the existing 15" CMP with a concrete collar and joining the existing catch basin per details shown on the plans); excavating, trenching, shoring, bracing, placing bedding and backfill material, grading, compacting, and pavement repair to the existing finish surface,- restoring urface;restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 24 Install 24" x 24" Grate Inlet and Construct Local Depression: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for the removal of all existing improvements (landscaping, base and subgrade material, etc.) required to install the new 24" x 24" grate inlet and surrounding local depression; importing and placement of onsite or imported engineering fill to subgrade; importing and placement of CMB; grading and compaction of subgrade and CMB; furnishing and installation of grate inlet; construction of integral colored and stamped PCC local depression; installation of expansion joint material; construction of weakened plane joints;; and all other work items as required to complete the work in place. Item No. 25 Remove Existing and Construct Parkway Catch Basin Top Slab, Manhole Frame and Cover, Portion of Catch Basin Side Walls and Local Depression: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for the removal of the existing catch basin top slab, manhole frame and cover, face plate assembly, and portion of existing catch basin walls and local depression as required for catch basin improvements, protection of the remaining catch basin (including vertical reinforcement); reconstruction of catch basin top slab, manhole frame and cover, face plate assembly, and portion of walls and local depression; restoration of all existing improvements impacted or damaged by the work; and all other work items as required to complete the work in place. Item No. 26 Remove Existing and Construct Median Catch Basin Top Slab Manhole Frame and Cover, Local Depression and Portion of Catch Basin Side Walls: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for the removal of the existing catch basin top slab, manhole frame and cover, face plate assembly, buried local depression (if necessary) and portion of existing catch basin walls as required for catch basin adjustment improvements; protection of the remaining catch basin (including vertical reinforcement); reconstruction of catch basin top slab, manhole frame and cover, face Page SP 17 of 50 plate assembly, local depression, portion of side walls, and all reinforcement; restoration of all existing improvements impacted or damaged by the work; and all other work items as required to complete the work in place. Item No. 27 Remove Existing and Construct Median Grate Inlet Top Slab, Grate Inlet, and Portion of Side Walls: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for the removal of the existing catch basin top slab, grate inlet, and portion of existing grate inlet walls as required for grate inlet adjustment improvements; protection of the remaining grate inlet (including vertical reinforcement); reconstruction of grate inlet top slab, face plate assembly, grate inlet, portion of side walls, and all reinforcement; restoration of all existing improvements impacted or damaged by the work; and all other work items as required to complete the work in place. Item No. 28 Remove Existing and Construct New Median Grate Inlet: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for the removal of the entire existing grate inlet, protection of existing storm drain pipe reconstruction of entire grate inlet; restoration of all existing improvements impacted or damaged by the work; and all other work items as required to complete the work in place. Item No. 29 Remove Existing and Construct Parkway Drain, Local Depression, River Rock, Safety Strip, Curbs, Hydroseed, and Required Grading: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for the removal of the existing curb and gutter, safety strip, AC pavement, and native material required for new improvements; construction of parkway drain, PCC curb, stamped PCC safety strip, local depression, pavement repair, river rock and fabric; irrigation system modifications, and irrigation sleeve (if required); restoration of all existing improvements impacted or damaged by the work; and all other work items as required to complete the work in place. Item No. 30 Adjust Storm Drain Manhole Ring, 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 storm drain manhole ring(s), frame, and cover; temporarily lowering and/or covering the manhole to facilitate paving operations; reinstalling the existing manhole ring(s), 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. 31 Adjust City Sewer Manhole Ring, 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 City sewer manhole ring(s), frame, and cover; temporarily lowering and/or covering the manhole to facilitate paving operations; reinstalling the existing manhole ring(s), 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. Page SP 18 of 50 Item No. 32 Remove Existing and Install New OCSD Sewer Manhole Ring, 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 and disposing the existing OCSD sewer manhole ring(s), frame, and cover; temporarily lowering and/or covering the manhole to facilitate paving operations; reinstalling the new manhole ring(s), frame, and cover provided by OCSD to grade per details shown on Plans, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 33 Adjust Citv Water Manhole Ring, 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 City water manhole ring(s), frame, and cover; temporarily lowering and/or covering the manhole to facilitate paving operations; reinstalling the existing manhole ring(s), 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. 34 Adjust OCWD Reclaimed Water Manhole Ring, 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 OCWD reclaimed water manhole ring(s), frame, and cover; temporarily lowering and/or covering the manhole to facilitate paving operations; reinstalling the existing manhole ring(s), 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. 35 Adiust Level 3 Manhole Ring, 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 Level 3 telecommunications manhole ring, frame, and cover; temporarily lowering and/or covering the manhole to facilitate paving operations; reinstalling the existing manhole ring(s), 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. 36 Adjust 2" Combination Air -Release Valve Assembly to Grade (Install New Enclosure, Valve Box, and PCC Slab): Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for removing the existing enclosure, valve box and cover, and PCC slab; removing and salvaging the existing air -release valve assembly; protecting in place remaining appurtenances, reinstalling the existing air -release valve assembly to grade (including any required pipe, fittings, and adaptors); installing a new enclosure to grade; furnishing and installing a new valve box and cover; constructing a new PCC slab; restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 37 Remove and Replace City 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 City water valve box and cover, protection of the water valve, temporarily lowering valve cover and/or covering the riser Page SP 19 of 50 to facilitate paving operations, furnishing and installing a new City 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. Item No. 38 Remove and Replace OCWD Reclaimed 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 OCWD reclaimed water valve box and cover, protection of the water valve, temporarily lowering and/or covering the valve to facilitate paving operations, furnishing and installing a new OCWD reclaimed 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. Item No. 39 Remove and Replace Cathodic Protection Testing Station 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 cathodic protection testing station box and cover, protection of the cathodic protection testing station equipment, temporarily covering the cathodic protection testing station equipment to facilitate paving operations, furnishing and installing a new cathodic protection testing station 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. 40 Remove and Replace 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 operations, 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. 41 Remove and Replace Street Light or Traffic Signal Pull Box to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for the removal of the existing street light or traffic signal pull box and all other improvements (landscaping, concrete, subgrade, etc.) required to install new street light or traffic signal pull box; protection of existing electrical or traffic signal equipment; furnishing and installing a new street light or traffic signal pull box to grade; restoration of all existing improvements impacted or damaged by the work; and all other work items as required to complete the work in place. Item No. 42 Remove and Replace Street Light or Traffic Signal Pull Box Lid to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for the removal of the existing street light or traffic signal pull box lid; protection of existing pull box and electrical or traffic signal equipment; furnishing and installing a new street light or traffic signal pull box lid; restoration of all existing improvements impacted or damaged by the work; and all other work items as required to complete the work in place. Page SP 20 of 50 Item No. 43 Remove and Replace City Water Meter Box to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for the removal of the existing City water meter box and all other improvements (landscaping, concrete, subgrade, etc.) required to install new water meter box; protection of existing water meter and appurtenances; furnishing and installing a new water meter box to grade; restoration of all existing improvements impacted or damaged by the work; and all other work items as required to complete the work in place. Item No. 44 Remove and Replace Traffic Signal Detector Loop: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for verifying the existing loop configuration and phasing prior to removing or damaging any existing traffic loops; removal and disposal of the existing traffic signal detector loop; protection of existing traffic signal equipment; upon completion of the paving operations marking and obtaining approval from the City on placement of the traffic loops; furnishing and installing of the traffic signal detector loops (all types) per City and Caltrans standard plan; sealing of the traffic loop runs; testing of the traffic signal system to ensure full operation of the presence and advance detection loops; restoration of all existing improvements impacted or damaged by the work; and all other work items as required to complete the work in place. Item No. 45 Advanced Detector Loop Extensions: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for locating and protecting all existing utilities; removal and disposal of existing advanced loops DLC's; furnishing and installing new conduit by direct bore method; removal and disposal of impacted sidewalk panels; construction of new sidewalk panels; furnishing and installing new no. 5 pull boxes; furnishing and installing new DLC's from new advanced loops locations to existing controllers; and connecting new DLC's to existing controllers; restoring all existing improvements impacted or damaged by the work; and all other work items as required to complete the work in place. Item No. 46 Install New Bike Detector Loop Cable and Connect to Existing Controller: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for locating and protecting all existing utilities; protection of existing traffic signal equipment; furnishing and installing new detector sensor unit in existing controller; furnishing and installing new DLC's from new bike detector loop locations to existing controllers; and connecting new DLC's to new sensor unit in existing controller; restoring all existing improvements impacted or damaged by the work; and all other work items as required to complete the work in place. Item No. 47 Install New Pedestrian Push Button Post and Push Button Assembly Near Hyatt Entrance and Connect to Existing Traffic Signal Wiring: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for the removal and disposal of the existing traffic signal pedestrian push button assembly; grinding smooth edges of existing hole where pedestrian push button assembly was removed; plugging hole where pedestrian push button assembly was removed; protection of existing traffic signal equipment; furnishing and installing a new traffic signal pedestrian push button post and pedestrian push button assembly; furnishing and installing new conduit, rewiring from new pedestrian push button post to Page SP 21 of 50 existing traffic signal, and connecting wiring to existing traffic signal; restoration of all existing improvements impacted or damaged by the work; and all other work items as required to complete the work in place. Item No. 48 Adjust Pedestrian Push Button Post and Push Button Assemblies to Grade and Connect to Existing Traffic Signal Wiring: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for disconnecting the wiring of the existing pedestrian push button post; removal and salvaging of the existing traffic signal pedestrian push button post and pedestrian push button assemblies; protection of existing traffic signal equipment; removal and disposal of existing pedestrian push button post foundation; furnishing new hardware for pedestrian push button post installation; constructing a new traffic signal pedestrian push button post foundation with new hardware; furnishing and installing the salvaged traffic signal pedestrian push button post and pedestrian push button assemblies on new foundation with new hardware; reconnecting the wiring to the new pedestrian push button post; restoration of all existing improvements impacted or damaged by the work; and all other work items as required to complete the work in place. Item No. 49 Lower Pedestrian Push Button Assemblies on Existing Traffic Signal Pole: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for the removal of the existing traffic signal pedestrian push button assemblies; grinding smooth edges of existing holes where pedestrian push button assemblies were removed; plugging holes where pedestrian push button assemblies were removed; protection of existing traffic signal equipment; furnishing and installing new pedestrian push button assemblies on existing traffic signal poles and connecting wiring to existing traffic signal; restoration of all existing improvements impacted or damaged by the work; and all other work items as required to complete the work in place. Item No. 50 Install Striping, Pavement Markings, Pavement Markers, and Red Curb Markings: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for removing all existing pavement striping, markings and markers, installing traffic striping, pavement markings, pavement markers, multiple temporary striping on leveling and finish courses to maintain traffic at all times, removal and repainting the curb red; restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 51 Traffic Signage: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for removing existing traffic signs, posts, post foundations, and mounting hardware on street light or traffic light poles; salvaging signs to the City Yard; protection of any remaining posts and post foundations, furnishing new signs; installing new or salvaged signs on new or existing posts; restoring all existing improvements impacted or damaged by the work; and all other work items as required to complete the work in place. Item No. 52 Import and Place Class A Topsoil and Precise Grade Median: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for importing, hauling, placing, precise grading, and compacting imported Page SP 22 of 50 Class A topsoil; restoring all existing improvements impacted or damaged by the work; and all other work items as required to complete the work in place. Item No. 53 Potholing for Reclaimed Water Main Only: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for potholing related to the reclaimed water main and related appurtenances only. Potholing shall include tie-in location, all utility crossings shown on the construction plans, all utilities indicated by USA that are not shown on plans, in advance of trench excavation, pipe installation, and pipe connection. All other potholing and utility verification for the project shall be included in the various work items unless otherwise noted. Item No. 54 Install 8 -inch C900 DR -14 PVC Reclaimed Water Main: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing of existing pavement and conflicting improvements; temporary and permanent support and protection of existing utilities; temporary patching or plating; controlling ground and surface water as necessary; furnishing and installing 8 -inch C900 DR -14 PVC reclaimed water main including fittings, couplings, joint restraints, thrust blocks, all piping and appurtenances; installing metallic warning and locator tape/tracer wire; hydrostatic testing and disinfection of new pipeline; excavating, trenching, shoring, bracing, grading, compacting, placing bedding and backfill material, and pavement repair to the existing finish surface; restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 55 Install 8 -inch Ductile Iron Resilient Wedge Gate Valve: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for furnishing and installing 8 -inch ductile iron resilient wedge gate valve including the valve operator, valve box and cover and valve extension, per City of Newport Beach Standard Drawing Nos. 513 and 516-C, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 56 Join Existing 16 -Inch OCWD Reclaimed Water Main: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for connecting to the existing 16 -inch OCWD Reclaimed Water Main, including fittings, joint restraining, thrust block, all piping and appurtenances, trenching per City of Newport Beach Standard Drawing No. 323, , and all other work items as required to complete the work in place. Item No. 57 Install 2 -Inch Reclaimed Water Service and 1-1/2" Reclaimed Water Meter: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for installing 2 -inch reclaimed water service, including 1 -1/2 -inch meter and meter box, and all piping and appurtenances per City of Newport Beach Standard Drawing No. 503, restoring all existing improvements impacted or damaged by the work and all other work items as required to complete the work in place. Item No. 58 Install 2 -Inch Air -Release Valve Assembly: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for Page SP 23 of 50 installing 2 -inch air -release valve assembly, including valve box and labelling, and all piping and appurtenances per City of Newport Beach Standard Drawing No. 517-B, restoring all existing improvements impacted or damaged by the work, and all other work items as required to complete the work in place. Item No. 59 Remove Existing Water Meter, Meter Box, and Backflow Preventer Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for removing existing the water meter, meter box and backflow preventer at approximate street station 47+00 and salvaging them to the City's Operations Division Yard, restoring all existing improvements impacted or damaged by the work; and all other work items as required to complete the work in place. Item No. 60 Remove Existing Irrigation System and Construct New Irrigation System Improvements: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for the removal of the existing irrigation system between Back Bay Drive and Santa Barbara, salvaging all brass valves to the City's Municipal Operations Division Yard, installation of the new irrigation system (including also the root pruning of existing median trees as noted in section 801-1.2), and the repair and restoration of all existing improvements that are to remain that are impacted or damaged by the work; and all other work items as required to complete the work in place. Item No. 61 Root Prune Existing Tree and Install Root Barrier (Parkway Only): Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for providing root pruning and root barrier installation recommendations to the City Arborist; root pruning, furnishing and installing root barriers, regrading and repair of impacted landscaping and irrigation system improvements to match existing; restoring all existing improvements impacted or damaged by the work; and all other work items as required to complete the work in place. This item applies for work in the parkway only as shown on the Street Improvement Plans. Root pruning required in the median for removal and replacement of the irrigation system is not included in this item. Item No. 62 Hydroseed Mix: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for installation of hydroseed and associated materials per Section 801-4.10, restoring all existing improvements impacted or damaged by the work; and all other work items as required to complete the work in place. Item No. 63 90 -Day Maintenance Period: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for the 90 -Day Maintenance Period per Section 801-6. Item No. 64 Provide As -Built Plans (Fixed): 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 determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. Page SP 24 of 50 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. Page SP 25 of 50 PART 2 - CONSTRUCTION MATERIALS SECTION 200 — ROCK MATERIALS 200-1 ROCK PRODUCTS 200-1.1 General Rip rap and rock slope protection (RSP) fabric shall be per the Plans. 200-2 UNTREATED BASE MATERIALS 200-2.1 General Crushed Miscellaneous Base (CMB) shall be used as the untreated base material. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the plans. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans. SECTION 203 — BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE 203-6.5 Type III Asphalt Concrete Mixtures Asphalt concrete finish course and leveling course shall be Type III -C3 -PG 64-10 (20% max RAP). Asphalt concrete base course shall be Type III -B2 -PG 64-10 (20% max RAP). Tack coat shall be trackless. Page SP 26 of 50 203-11 ASPHALT RUBBER HOT MIX (ARHM) 203-11.3 Composition and Grading Asphalt rubber hot mix finish course shall be ARHM-GG-C. Tack coat shall be trackless. SECTION 207 — GRAVITY PIPE 207-17 PVC GRAVITY PIPE 207-17.1 General. Storm drain pipe shall be SDR 26 with joints per 207-17.3.3 "Solvent Cement Joints". SECTION 209 — PRESSURE PIPE 209-1 IRON PIPE AND FITTINGS 209-1.1 Ductile Iron Pipe 209-1.1.2 Materials All flanged pipe joints shall be joined utilizing Type 316 Stainless Steel nuts, washers and hex -head bolts. Gasket shall be full-faced, cloth reinforced Buna-N rubber. Flex and transition couplings used to join pipes in water main construction shall have all threaded parts and joining hardware fabricated from Type 316 Stainless Steel. Pipe harness assemblies, valve and fitting restraints and shackle -clamp assemblies shall be joined utilizing Type 316 Stainless Steel all -thread rod, nuts, bolts and washers. Clamps, shackles and other hardware may be carbon steel or ductile iron where appropriate, but must be coated liberally with corrosion protective mastic compound. Bolted connectors fabricated from stainless steel shall have threaded parts coated liberally with an approved anti -seize compound. All bolted and threaded fasteners shall be manufactured in the United States of America and shall conform to the minimum requirements for strength, material construction and dimension as established by the ASTM and the ANSI Specifications. All fasteners shall be accompanied by written certification from the manufacturer stating compliance with the appropriate specification. All mechanical joints shall be restrained joints. Water main fittings shall be manufactured in accord with AWWA C110 (ANSI A21-10) and shall be ductile iron. Cast Iron fittings shall not be accepted. Compact body fittings Page SP 27 of 50 (AWWA C153) will not be permitted unless otherwise specified. Mechanical joint fittings shall be manufactured in accord with AWWA C110 and shall have retainer glands. All flanged pipe and fitting shall be shop fabricated, not field fabricated. Adapter flanges shall be ANSI B16.5 pattern, Class 150 flanges. Bolts and nuts for all installations shall be Type 316 Stainless Steel. Threads shall be coated with a liberal amount of anti - seize compound. Flange gaskets shall be full-faced Buna-N, nylon impregnated rubber. Ductile iron pipe fittings and valves buried underground shall be protected with a polyethylene encasement (plastic film wrap) in accord with AWWA C105 (ANSI A 21.5). Wrap shall be loose 8 -mil thick polyethylene. 209-4 PVC PRESSURE PIPE 209-4.1 General All PVC pressure pipe shall be DR -14 (CL 305) for pipes 12 -inches in diameter and smaller. All PVC pipe shall be colored purple. All fittings for PVC pressure pipe shall be ductile iron and shall be in accordance with the Section 209-1.1.2 of these Special Provisions. All fittings connecting PVC pipe shall be either push -on type or have mechanical joint ends and shall be thrust -blocked and anchored in accordance with the City Standard Plans. Mechanical joints will not need to be fitted with retainer glands. Compact body fittings (AWWA C153) will not be permitted. Service saddles shall be designed for use on AWWA C900 and C905 PVC pipe for 1 - inch and 2 -inch diameter outlets. Service saddles shall be manufactured of brass with stainless steel band. The strong, extra wide fabricated stainless steel band will conform to the PVC pipe surface resulting in nearly 360 degree contact with the pipe. Each saddle shall accurately fit the contour of the pipe O.D. without causing distortion of the pipe. The saddle shall be securely held in place with Type 316 stainless steel hex -head screws or bolts. The brass service saddle shall be manufactured by Ford Style 20213S, Smith -Blair Series 325, A.Y. McDonald Model 3845, or approved equal. The PVC pipe shall not be laid along curves at a radius less than 1,146 feet for 20 foot pipe lengths or 573 feet for 10 foot pipe lengths. The minimum radius curves are determined by the limit of 1 -degree deflection for C-900 and C-905 PVC pipe joints with factory -assembled bell couplings. For integral bell PVC pipe, the minimum radius curve obtained by deflecting joints shall not exceed the manufacturer's recommendation (which may be less than 1 degree). Pipe may not be offset to a degree such that the spigot end of the pipe deflects (touches) against the end of the pipe bell. Pipe sections shall be bent to achieve a curve. For curves of smaller radius, ductile -iron fittings or high deflection couplings shall be used. High deflection couplings may be used for angles of 4 degrees or less. The high deflection couplings shall be PVC couplings, meeting the requirements of AWWA C900, with twin elastomeric gaskets which allow two (2) degrees of deflection at each gasket for a total of four (4) degrees per coupling. The couplings shall be provided for ductile iron equivalent outside diameter and have a 200 psi working pressure rating. Page SP 28 of 50 The high deflection couplings shall be "High Deflection (HD) Stop Couplings" as manufactured by CertainTeed, or approved equal. For closure applications, PVC couplings, meeting the requirements of AWWA C900, with twin elastomeric gaskets which are designed to connect plain ends of pipe can be used. The couplings shall be provided for ductile iron equivalent outside diameter and have a 200 psi working pressure rating. The closure couplings shall be "Closure/Repair Couplings" as manufactured by CertainTeed, or approved equal. Do not deflect pipe in these couplings. All PVC pressure pipe shall have a tracer wire and metallic warning tape installed per Section 209-4.2. At service lines and air and vacuum valve assemblies, the wire or tape shall be extended up into the meter box or cover enclosure. The wire or tape shall be brought to the surface at valve locations and shall be accessible by removing the valve can cover. The Contractor shall perform an electrical continuity test for each length of PVC pipe and shall provide the City with the results of the test. The Contractor shall perform the initial electrical continuity test, and all subsequent testing required due to the failure of the wire or tape to be electrically continuous, at the expense of the Contractor. 209-4.2 Tracer Wire and Detectable Warning Tape Tracer wire shall be solid soft drawn copper wire. Wire shall be insulated with polyethylene insulation. Wire gauge shall be minimum size of No. 10 AWG. Minimum insulation thickness shall be 0.110 -inches. Wire shall be installed by laying on top of the water main and taped every 10 linear feet of pipe run. Purple detectable tape with black lettering identifying the recycled waterline, shall be placed 12" above the pipe. Detectable tape wording shall read: "CAUTION: RECYCLED WATER — DO NOT DRINK". Detectable tape shall be an inert plastic film specifically formulated for prolonged underground use. The minimum thickness shall be 4 mils and the overall width of the tape and lettering size shall be in accordance with the following table. Pipe Size (inches) ID Tape Width (inches) Locator Tape Width (inches) Min. Lettering Size (inches) 2 and less 2 3 1-1/2 Less than 8 and greater than 2 6 3 2 8 and larger 12 3 2 The tracer wire and detectable tape shall be brought to grade at all valve locations inside the valve riser box and at all gas condensate traps inside the blow -off valve box. Contact the City's Utilities Department and OCWD for proper installation of wire and detectable tape through valve riser and boxes. Page SP 29 of 50 209-4.3 Inspection of PVC Pressure Pipe The pipe shall be carefully inspected for defects. Any length of pipe found to be defective in workmanship or material, or damaged shall be rejected and removed from the work site immediately. In the event that a portion of a length of pipe is damaged, the damaged portion may be cut off in a manner approved by the City and OCWD. The damaged portions shall be discarded. The remaining undamaged portions may be used after properly milling the pipe ends. The contractor shall be responsible for any and all damage to materials and shall bear the expense of repairing or replacing damaged materials. 209-9 PIPE APPURTENANCES 209-9.1 General Unless otherwise specified, all pipe appurtenances shall comply with the appropriate Standard Drawings of the City of Newport Beach. 209-9.2 Valve Boxes. Valve boxes shall be Brooks Products, Inc., Valve Box No. 4TT or approved equal. All below -grade valves not in vaults shall be provided with valve boxes and schedule 40 PVC pipe risers. Valves with operator nuts greater than four (4) feet below ground or street surface shall be fitted with a valve nut extension. Valve operator extensions shall be structural tube fiberglass or schedule 80 PVC as manufactured by Pipeline Products, Inc. of San Marcos, California or preapproved equivalent manufacturer. Extensions shall be of a length so as to have the valve operator nut of the extension at an elevation not more than three (3) feet below the ground or street surface. Valve extension shall not be pinned or bolted to the valve operator. 209-9.3 Sleeve -Type Couplings. Unless otherwise specified, all sleeve -type couplings shall have a ductile iron body, center sleeve and followers and shall be fitted with Type 316, stainless steel bolts, nuts and washers. Coupling hardware shall be installed with an approved anti -seize compound on all threaded parts. Center sleeves shall be a minimum of two times the minimum center sleeve length specified in the AWWA Standard for flexible couplings. Couplings shall be M & H, Dresser, Ford, Rockwell, Romac, JCM, Clow, or approved equal. 209-9.4 Nuts and Bolts. Above ground and buried nuts and bolts for flanges shall be Type 316 stainless steel conforming to ASTM A 193, Grade 138M for bolts, and Page SP 30 of 50 ASTM A 194, Grade 8M for nuts. A washer shall be provided for each nut. Washers shall be of the same material as the nuts. Bolts for flange insulation kits shall conform to ASTM A 193, Grade B7. Nuts shall conform to ASTM A 194, Grade 2H. SECTION 212 — WATER AND SEWER SYSTEM VALVES AND APPURTENANCES 212-5 VALVES 212-5.1 AWWA Resilient Wedge Gate Valves Where specifically shown on project plans approved by the Engineer, resilient wedge gate valves may be used. Gate valves shall be solid, single, resilient -wedge type design and shall equal or exceed the requirements established by specifications of AWWA. Valves shall be as manufactured by AVK or approved equal and shall be per AWWA Specification C-509 for resilient seated gate valves, latest revision. Valve wedge disk and disk nut shall be fully encapsulated in an approved rubber coating. Valves may be furnished with bronze or stainless steel discs. Where cast bronze is approved the bronze shall be comprised of 85 percent copper, 5 percent tin, 5 percent lead, and 5 percent zinc. The stem shall be non -rising and shall be stainless steel. Valves shall be furnished with triple O-ring stem seals and stainless steel bonnet bolts. Bonnet bolts shall be recessed into the valve body and shall be sealed from exposure via a hot -melt applied sealing compound. The operating nut shall be a 2 -inch square bronze stem operating nut. Operating nut shall be held in place with a stainless steel cap nut. Valve ends may be gasketed tyton push -on type joint, hub end, flanged end, or mechanical joint end as called for in the construction plans. All end configurations shall conform to the pipe manufacturer's specifications and the project construction plans. Valve body and bonnet shall be fabricated from ductile iron and shall be electrostaticly coated inside and out. Electrostatic powder coating shall be applied per SSPC SP -6 or SP -10 surface preparation criteria and shall be applied to a preheated material surface via the fluidized bed process or applied via the electrostatic process and then be cured by the post -heat thermal fusion method. Double disc style gate valves shall not be considered as a substitute or an equivalent to resilient wedge gate valves and shall not be permitted. Page SP 31 of 50 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. Add Section 214-4.3 — Preformed Green Thermoplastic Markings 214-4.3 Preformed Green Thermoplastic Markings Green -background bike lane legends shall consist of preformed thermoplastic markings and be the PreMark product by Ennis -Flint or approved equal. The background/marking shall include the ViziGrip anti-skid treatment. Background shall be EF Bike Lane Green. 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. Add Section 215 — TRAFFIC SIGNS SECTION 215 - TRAFFIC SIGNS 215-1 General. Signs shall be standard size per the California MUTCD unless otherwise shown. Retroreflective sheeting shall be Type 4 or greater. Sign shall be made of aluminum (0.08 inch thickness). Page SP 32 of 50 New sign posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge 21/4 inch unistrut (OD) base. Sign mounting hardware and brackets shall be stainless steel. Unless otherwise specified, mounting hardware shall be 5/16"-18. This project includes Senate Bill 1 (S131) funding. The Contractor shall procure and install one 96"x60" C48 (CA) construction project funding identification sign per this section. The sign specifications for C48 (CA) are included in Appendix B Location of project funding sign shall be approved the Engineer prior to installation. Payment for procurement and installation of sign C48 (CA) shall be included as part of the Mobilization and Demobilization bid item. SECTION 217 - BEDDING AND BACKFILL MATERIALS 217-1 BEDDING MATERIAL 217-1.1 General. Bedding material for reclaimed water mains and storm drain pipe shall be per this Section, the City of Newport Beach Standard Drawing No. 323, and as follows. Bedding material for reclaimed water main shall be clean and graded washed sand passing a no. 4 sieve. Bedding material for PVC storm drain shall be per Section 217-2.4 "Bedding Material for Plastic Pipe." PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.1 General. Add to this Section: In addition to the work outlined in Section 300-1, "Clearing and Grubbing," of the Standard Specifications, the following items of work are included under Clearing and Grubbing unless otherwise covered by a specific bid item: a) Fertilizing, chemically killing, mowing, and removing existing median turf per Plan. b) Removal and disposal of all vegetation, trash and other objectionable material within project limits. Page SP 33 of 50 c) Maintaining dust control at all times by watering, including developing a water supply and furnishing and placing all water required for work done in the Contract, including water used for extra work. d) Protection and maintaining existing improvements, including utilities, trees, plants, irrigation, temporary capping of facilities as required during construction, fences, walls and other facilities within the construction zone, except those specifically shown on the Plans or directed by the Engineer to be removed or relocated. e) Maintenance of the site in a neat and orderly condition throughout the construction period and clearing and removal of debris from site of work. f) Removal of all USA mark -outs. All other removals shall be included in the various items of work and no additional compensation shall be allowed therefor. 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement due to pavement distresses or utility trenching shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Pavement repairs adjacent to new concrete improvements shall have a minimum width of 2 -feet. Removals due to repair pavement distresses shall be removed to 2 -feet beyond the edge of the distress. 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. Page SP 34 of 50 The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. Reinforcing or other steel may be encountered in portions of concrete to be removed. No additional compensation will be allowed for the removal of concrete containing reinforcing or other steel. Crushed miscellaneous base (CMB) shall be imported, placed and compacted under the new median curb, median curb and gutter, and median pavement per the details shown on the plans to fill any voids created by removals and to bring subgrade up to grade. CMB shall be placed and compacted in accordance with Section 301-2 "Untreated base". Backfill shall be placed and compacted to fill any other voids created by removals and to bring the subgrade up to grade. This includes import fill if required. Backfill shall be placed and compacted in accordance with Section 300-4 "Unclassified Fill" of the Standard Specifications. This work (including import fill if required) shall be included in the individual removal item and no additional payment will be allowed therefor. 300-1.3.2 Requirements (a) Bituminous Pavement. Bituminous pavement shall be removed to neatly sawed edges with saw cuts made to a minimum depth of three (3) inches. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveway, and Alley Intersections. Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of two (2) inches. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. SECTION 301 — TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION 301-1.8 Unstable Materials If unstable materials are exposed, the following recommendations can be implemented. Unstable or soft subgrade conditions can be identified during construction by surface yielding under rubber -tired equipment loading and/or the inability to achieve proper compaction. The condition of the subgrade should be evaluated by the Engineer during the scarification and re -compaction efforts. Drying back of localized wet soil conditions Page SP 35 of 50 can be performed to address unstable soils if time allows. If drying back soil is not a practical option, other remedial measures is recommended to stabilize the subgrade prior to placement of aggregate base and/or asphalt concrete. Depending on the extent and severity of the instability, the recommended measures to stabilize the subgrade may include increasing the AC base lift thicknesses by an additional 4 to 8 inches to "bridge" over the unstable conditions. The recommended thicknesses of remediation could be greater, or less, depending on the conditions encountered. Any areas that require remediation should be observed by the Engineer to confirm the effectiveness of the recommendations provided herein. The intent of these recommended remediation methods is to achieve a non -yielding subgrade when subjected to relatively heavy, rubber -tired construction equipment loading such as a loaded water truck or loader with full bucket. The remediated areas should be proof -rolled with this type of equipment after remediation to confirm that the subgrade is unyielding. 300-11 STONEWORK FOR EROSION CONTROL 300-11.1 General. River rock and rock slope protection (RSP) fabric shall be per the Plans. 301-2 UNTREATED BASE 301-2.3 Compacting Replace the third paragraph with the following: "The relative compaction of each layer of compacted base material shall not be less than 95 percent as evaluated by ASTM D 1557." 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 the each work day or night. Page SP 36 of 50 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General 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. Exact limits of full depth pavement repair areas shall be confirmed by Engineer. 302-5.4 Tack Coat Add the following: "Additionally, trackless tack coat shall be applied to all cold milled surfaces and all paving joints (not just cold joints). It shall be also applied the surface of all leveling and bases courses unless the new lift is being paved on the same day as the preceding lift and the preceding lift has a clean surface. Tack coat shall be applied with complete and uniform coverage and shall not be over sprayed onto adjacent pavement when applying." 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. Manholes and valves that are too shallow to be temporarily lowered shall be protected in place. The Contractor shall adjust all temporarily lowered manholes and valves to the new finished grade within five (5) calendar days of completing the AC finish course. 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.7 Traffic and Use Provisions The Contractor shall not allow vehicular traffic on new concrete until the concrete has attained a minimum compressive strength of 3000 psi. High early strength concrete may be attained to meet the time constraints by the use of additional portland cement or chemical admixtures in accordance with Section 201-1 and with prior approval of the Engineer. The cost of high early strength concrete shall be included in the unit prices for all concrete bid items. 302-9 ASPHALT RUBBER HOT MIX (ARHM) 302-9.1 General The top layer of ARHM (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 37 of 50 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Sidewalks and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or asphalt concrete patchback shall be placed within 72 hours following concrete placement. Dimensions of curb and gutter (curb height, gutter width, flowline depth) in repairs areas shall match adjacent existing curb and gutter dimensions. Curb height shall vary when adjacent to existing sidewalk being protected in place. For curb and gutter repairs to correct drainage issues, Contractor shall: 1. Survey the gutter flowline 20' past both ends of the repairs to confirm positive drainage of the existing curb and gutter to remain. 2. Survey gutter flowline at both ends of repairs to confirm positive drainage shown on plans. Based on the above, Engineer may choose to modify limits of curb and gutter repairs. 303-5.5 Finishing 303-5.5.2 Curb The Contractor shall install or replace curb markings that indicate sewer laterals on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals. 303-5.5.4 Gutter The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan. 303-5.7 Repairs and Replacements Add to this section: "Where any concrete requires repair before acceptance, repair shall be made by removing and replacing the entire area between joints, and not by refinishing the damaged portions." Page SP 38 of 50 303-6 STAMPED CONCRETE 303-6.1 General Pattern shall be per Plans and match existing stamped concrete within project limits. 303-7 COLORED CONCRETE 303-7.1 General Delete the first sentence and replace with the following: Colored concrete shall be produced by Method B (Integral Color) as described in Section 303-7.3. Color shall be Terra Cotta to match existing colored concrete within project limits. 303-9 CONCRETE CRACK REPAIR 303-9.1 General Apply Ardex CP, or approved equal, per manufacturer's recommendations. SECTION 306 - OPEN TRENCH CONDUIT CONSTRUCTION 306-3 TRENCH EXCAVATION 306-3.1 General Excavation for new storm drain shall include removal of existing 15" CMP and 10" PVC pipes. 306-3 BEDDING 306-6.1 General Place bedding in accordance with this section and City of Newport Beach Standard Drawing 323. 306-7 PREFABRICATED GRAVITY PIPE 306-7.7 Plastic Sewer and Drainage Pipe Join existing 15" CMP and existing catch basin per details shown on plans. Joints shall be installed per 306-7.7.2.1 "Solvent -Welded ABC and PVC Pipe". Page SP 39 of 50 306-8 PREFABRICATED PRESSURE PIPE 306-8.9 Pipeline Pressure Testing, Disinfection, and Commissioning The Contractor will be responsible for pressure testing, disinfection and flushing of the new water mains. The Contractor shall adhere to the following special provisions for pressure testing, disinfection and flushing of new water mains and services. 1. Water service shall be maintained to all customers at all times except as necessary to transfer service from the old main to the new main. The Contractor's method of providing such continuous service shall be approved by the City prior to construction. 2. Contractor shall pressure test new main lines including any services prior to disinfection. 3. The Contractor shall make arrangements with the City's Utilities Division for disinfection, bacteriological testing and certification of the new main and services. The Contractor shall be responsible for disinfection and flushing the main and services as well as pulling the bacteriological samples and running the incubation tests for coliform bacteria. 4. Upon successful completion of the pressure testing and disinfection, the Contractor shall thoroughly flush all mains and services prior to connection to customers. Flushing of services shall be done at the new angle stop and fittings shall be utilized such that the meter box is not flooded by the flushing operation. 306-8.9.2 Hydrostatic Test for PVC Pressure Pipe PVC pressure pipe shall be tested per AWWA C605-21 at a hydrostatic pressure of 200 psi for a duration of two (2) hours minimum for each test. Temporary or permanent thrust blocks shall be cast -in-place, as required, prior to testing, and the Contractor shall provide all necessary braces, plugs, thrust blocks, caps, flanges, and other materials to permit proper conduct of the pressure testing. Concrete for thrust blocks shall be cast sufficiently in advance of the pressure test to prevent failure. Three (3) days are recommended as the minimum. 306-8.9.2.3 PVC Pipe Allowable Leakage No installation shall be accepted if the leakage is greater than that determined by the following formula: Page SP 40 of 50 L _ ND -f 7,400 Where L = allowable leakage (gallons per hour) N = number of joints in the tested line D = nominal diameter of pipe (inches) P = average test pressure (pound per square inch) Typical leakage values for pipe tested at 200 psi are given in the table below: Nominal Allowable Leakage in GPH Diameter Per 100 feet of Pipe 6" 0.06 8" 0.08 12" 0.12 The duration of the test shall be not less than two (2) hours, and measurement shall be made by means of a calibrated suction tank or City -provided calibrated test meter, showing the amount of water required by the test pump to maintain the required test pressure. Water shall be accurately measured during the test. Test reports with original leakage readings shall be furnished by the Contractor to the City. The Contractor shall conduct the pressure test in the presence of the City Utilities Department representative. 306-8.9.3 Testing of Valves, Pipe, and Piping Appurtenance Testing of valves, pipe, and piping appurtenances shall be conducted by installing test heads at the locations indicated by the City and testing the pipe in separate reaches; provided that the Contractor will not be required to separately test pipe reaches of less than 1,000 feet in length. Furnishing, installing and removing test heads shall be included in the price(s) bid for the various kinds of pipe, and no additional payment will be made therefore. 306-8.9.4.4 Reclaimed (Recycled) Water System Disinfection Procedures See Greenbook Section 306-8.9.4.4. 306-12 BACKFILL 306-12.1 General Place backfill in accordance with this section, City of Newport Beach Standard Drawing 323, and as follows. Page SP 41 of 50 Native material may be used for backfill material. Backfill material shall be moisture conditioned slightly above optimum and placed in horizontal lifts not to exceed those specified in Section 306-12.31 or 10 -inches in loose thickness (whichever is smaller). Backfill material shall be mechanically compacted to a minimum of 90 percent of the maximum dry density, except for the upper 12 -inches of subgrade below the pavement sections, which should be compacted to 95 percent relative compaction. All compaction shall be performed in accordance with ASTM D1557. Lightweight compactors or rollers should be used near utility lines so that the imposed loads are not excessive. Trench backfill should not be jetted or flooded. A minimum of one field density test shall be performed per day. 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 except for removal of existing striping from the existing stamped concrete at the Hyatt entrance. 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 or finish course has been placed. The width of the temporary lane line stripes shall be one- half the width of the permanent final stripes. Temporary crosswalks and stop bars stripes shall be full width and shall be placed prior to opening the street to traffic. Tabs and/or "cat -tracking" stripes shall also be placed prior to opening the street to traffic. Tabs and/or "cat -tracking" will not be accepted as temporary striping. Upon completion of AC base or leveling course, temporary striping shall be installed. 314-4.2 Control of Alignment and Layout 314-4.2.1 General The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet 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 markings. No street shall be without proper striping over a weekend or holiday. Stop bars and crosswalks shall not remain unpainted overnight. Page SP 42 of 50 314-4.4 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, he shall re-stripe/replace such work items at no cost to the City. 314-4.4.2 Surface Preparation Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. The concrete surface shall be roughened along the thermoplastic striping. The width of the roughened concrete surface shall match the width of the striping. Add Section 314-4.7 —Application of Preformed Green Thermoplastic Markings 314-4.7 Application of Preformed Green Thermoplastic Markings Install preformed green thermoplastic markings per manufacturer's recommendations. 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. Add Section 315 — TRAFFIC SIGN INSTALLATION SECTION 315 - TRAFFIC SIGN INSTALLATION Locations of traffic signs shown on plans are approximate and shall be approved by the City prior to installation. Signs shall be installed at a clear height of seven feet at minimum unless otherwise shown on plans. Page SP 43 of 50 Unistrut base shall be installed at a depth of 18 inches in concrete and 30 inches in dirt. Contractor shall USA location prior to installing sign. Anti -seize lubricant shall be applied to hardware/fasteners prior to installation. Refer to CNB DWG 924 for typical sign installation. PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-1 GENERAL Ten (10) working days prior to starting work, the Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notices when construction operations will start for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 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 City -approved signs and 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. Page SP 44 of 50 600-3 PEDESTRIAN ACCESS Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall maintain a path of travel for pedestrians on one side of the street at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, changeable message signs (CMS), and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected establishments. Messages for the CMS shall be updated by the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall submit to the Engineer, at least five working days prior to the pre - construction meeting, traffic control plans and/or detour plans for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. At a minimum, the Contractor shall maintain one lane of traffic in each direction at all times when completing the work. Temporary striping may be required and shall be shown on the TCP. 5. Sidewalk closures in non-residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the Page SP 45 of 50 closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. 6. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. PART 7 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS SECTION 700 — MATERIALS 700-5 TRAFFIC SIGNAL MATERIALS 700-5.8 Detectors Loop wire shall be Type 2. Loop detector lead-in cable (DLC) shall be Type B. Loop sealant shall be Hot -Melt Rubberized Asphalt Sealant. SECTION 701 — CONSTRUCTION 701-8 FOUNDATIONS, FOUNDATION CAPS AND SLABS In addition to the details in this section, refer to the State of California Department of Transportation Standard Specifications and Standard Plans (2018 Edition). 701-17 TRAFFIC SIGNAL CONSTRUCTION 701-17.6 Detectors 701-17.6.3 Inductive Loop Detectors All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days after placement of pavement finish course. Loop detectors shall be installed per CNB STD DWG NO 923. PART 8 - LANDSCAPING AND IRRIGATION SECTION 800 - MATERIALS 800-1 LANDSCAPING MATERIALS 800-1.1 Topsoil 800-1.1.1 General Topsoil shall be Class A (imported). Page SP 46 of 50 Add the following subsection: 800-1.6 Hydroseeding 800-1.6.1 General Hydroseeding materials shall arrive at the job site in sealed standard containers which are properly labeled by the manufacturer(s) or supplier(s). 800-1.6.2 Fiber Mulch Fiber mulch shall be Ecco Fiber available through the Stover Seed Company. Wood cellulose fiber mulch shall be dyed green and contain no germination or growth inhibitors. It shall be uniformly suspended homogeneous slurry consisting of necessary additives, which after application will allow the absorption of moisture and percolation of water to the underlying soil. 800-1.6.3 Wetting Agent Wetting agent shall consist of ninety-five percent alkyl polyethylene glycol ether or equal. 800-1.6.4 Stabilizing Emulsion The stabilizing emulsion/binder shall be Environ -Mend binder available through the Stover Seed Company. Stabilizing emulsion shall be a concentrated chemical that allows water and air to penetrate and shall have an effective life of at least one year. Stabilizing emulsion shall be non-toxic to plant or animal life. The material shall be registered with and licensed by the State of California Department of Food and Agriculture. As an "Auxiliary soil chemical," stabilizing emulsion shall be miscible with all available water at the time of mixing and application. 800-1.6.5 Seed Seed shall be "Triple Crown Dwarr' by Stover Seed Company or approved equal. SECTION 801 - INSTALLATION 801-1 GENERAL The landscape contractor or subcontractor shall provide a licensed Pest Control Advisor (PCA) prior to applying herbicide. The PCA will be responsible for preparing and approving a Pest Control Recommendation and providing Safety Data Sheets (SDS). These items shall be included with the herbicide submittal. Page SP 47 of 50 All irrigation elements shall comply with the Orange County Water District Recycled Water Notes as shown on the plans. 801-1.1 Median Topsoil and Turf Installation Refer to "Landscape Planting Notes" on Plans and these special provisions. 801-1.2 Landscaping and Irrigation Removal and Repairs All irrigation equipment south of the proposed new pull box at the north end of the median terminating at Santa Barbara shall be removed from the site. All copper elements shall be returned to the City. See the plan for additional notes relative to salvage and root/irrigation system conflicts. Landscaping and irrigation system equipment north of Santa Barbara that is damaged by the work shall be repaired in-kind to match the existing conditions to the satisfaction of the Engineer. This work shall be considered incidental to the various bid items of work and no additional compensation shall be allowed therefor. Slopes shall be regraded to a maximum slope of 3:1 from the new improvement to meet existing adjacent surface, unless otherwise shown on the Plans. 801-1.3 Root Pruning and Root Barrier Installation The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. Submittal will also include recommendations for limits of root barrier. No roots shall be pruned or removed unless this submittal is returned to the Contractor as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City Arborist at the site to discuss City standards and requirements. If required, the submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City Arborist. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. Page SP 48 of 50 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.) b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City Arborist. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. Root barrier shall be per CNB STD 118 and installed per manufacturer's recommendations. Add the following subsection: 801-4.10 Hydroseeding Seed shall be applied at a rate of not less than 450 pounds per Acre per manufacturer's recommendatins. 800-4.10.1 Application Hydroseeding shall be as follows: 1. Prior to the hydroseed application the contractor shall: a. Call for on-site seed/slurry sampling from the tank by owner. b. Apply wetting agent at a rate of two quarts per acre or per manufacturer's recommendations. c. Thoroughly moisten all surfaces to be hydroseeded. 2. Slurry preparation shall take place at the job site. Seed shall be added to the slurry only after fiber mulch has been incorporated. Seed shall not remain in the mixing tank for a period greater than thirty minutes. Page SP 49 of 50 a. Equipment used for the application of slurry shall have a built-in agitation system to suspend and homogeneously mix the slurry. The equipment must have a pump capable of applying slurry uniformly. 3. Pre -plant fertilizer (15-15-15) shall be applied at the rate of 400 pounds per acre. 4. Environ -Fiber mulch (or approved equal) shall be applied at the minimum rate of 2,000 pounds per acre. 5. Environ -mend Binder shall be added slowly to the tank to avoid clumping and shall be applied at a rate of 150 pounds per acre. 6. The Contractor shall be responsible for applying the appropriate and varying amounts of water to achieve germination and establishment. All bare spots shall be re-hydroseeded by the contractor within (30) days of the initial germination. 800-4.10.2 Post Seeding 1. Watering: Apply adequate moisture to germinate seed. Water three to four time's daily depending upon seasonal conditions. It is imperative that the seedbed be kept moist all day during germination. Avoid excessive watering which can cause puddling. 2. Weeds: Do not apply any post -emergent herbicides for at least 60 days after planting. Refer to the manufacturer recommendations for use on the product. Under ideal conditions all weed eradication should be performed before planting the seed. 801-6 MAINTENANCE AND PLANT ESTABLISHMENT The Contractor's maintenance period shall be for 90 calendar days commencing from the time the entire installation is completed to the satisfaction of the Engineer and written approval is provided by the Engineer to the Contractor. Plant maintenance shall consist of applying water, weeding, caring for plants, plant replacement, applying post - plant fertilizer, mowing, and fungus, rodent and insect control. Post -germination herbicide will not be allowed. Maintenance of the median irrigation system is included in the maintenance period. All plantings shall be guaranteed by the Contractor for the duration of maintenance period. 801-7 MEASUREMENT Landscaping and irrigation shall be measured as specified in the Special Provisions and shown in the Bid. Page SP 50 of 50 From: Customer Service To: Morgan, Shelby Cc: lori.alcala(@ebix.com Subject: Compliance Alert -Vendor Number 7885-2 Date: January 27, 2022 4:12:40 AM [EX -1 ERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. 788-2 All American Asphalt Sent by Ebix; designated insurance certificate reviewer for the City of Newport Beach.