HomeMy WebLinkAboutC-4385 - Lido Isle Pavement Rehabilitation - Phase IIaEW PART
o� CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
Leiani I. Brown, MMC
January 5, 2011
Mr. Robert Bradley
All American Asphalt
P.O. Box 2229
Corona, CA 92878
Subject: Lido Isle Pavement Rehabilitation - Phase Il (C -4385)
Dear Mr. Bradley:
On November 23, 2010, 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 35 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
December 1, 2010, Reference No. 2010000644490. The Surety for the contract is
the Fidelity and Deposit Company of Maryland and the bond number is 7615401.
Enclosed is the Labor & Materials Payment Bond.
Sincere k, n r
Leilani I. Brown, MMC
City Clerk
Enclosure
3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915
Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT
CONTRACT NO. 4139
BOND No. 70953123
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to GMF Sound, Inc., hereinafter designated as the "Principal," a contract
for construction of NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT,
CONTRACT NO. 4139 in the City of Newport Beach, in strict conformity with the plans, drawings,
specifications and other Contract Documents in the office of the Public Works Department of the
City of Newport Beach, all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute CONTRACT NO. 4139 and
the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's
subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon,
for, or about the performance of the work agreed to be done, or for any work or labor done
thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth:
NOW THEREFORE, We the undersigned Principal, and,
Western Surety Company duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as "Surety") are
held firmly bound unto the City of Newport Beach, in the sum of One Hundred Nineteen
Thousand, Seven Hundred Ninety-Three and 001100 Dollars ($119,793.00) lawful money of
the United States of America, said sum being equal to 100% of the estimated amount payable by
the City of Newport Beach under the terms of the Contract; for which payment well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly
and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's
subcontractors, fail to pay for any materials, provisions, or other supplies, implements or
machinery used in, upon, for, or about the performance of the work contracted to be done, or for
any other work or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Code with respect to such work or labor, or for any amounts required to be deducted,
withheld and paid over to the Employment Development Department from the wages of
employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment
Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an
amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by
the provisions of Section 3250 of the Civil Code of the State of California.
28
The Bond shall inure to the benefit of any and all persons, companies, and corporations
entitled to file claims under Section 3181 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 3247 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 or the specifications accompanying the same 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 24 day of June —12010.
GMF Sound, Inc. (Principal)
Western Surety Company
Name of Surety
PO Box 5077
Sioux Falls, SD 57117 -5077
Address of Surety
800 - 331 -6053
Telephone
uavia to narris,
Attorney in Fact
Print Name and Title
Ahune, CFO
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
29
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
State of California
County of Contra Costa
On June 24, 2010 before me, S. Nicole Evans, Notary Public
personally appeared
S. NICOLE EVANS
Commission # 1826273
a _:,e Notary Public - California
Z '.. San Francisco County
z -
My Comm- Expires Oec,11, 2012
Place Notary Seal Above
David G
who proved to me on the basis of satisfactory evidence to
be the person(s) whose names) is{ subscribed to the
within instrument and acknowledged to me that he
executed the same in his authorized capacity(j,
and that by his i signature(io on the instrument the
person(o, or the entity upon behalf of which the person(
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and9ficial seal.
Signature
Public
Western Surety Cori _,zany
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Kimberley Roman, David G Harris, Jennifer E Dirking, Stephanie Worden, Individually
of Walnut Creek, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as filly and to the same extent as if such instmnhents Were signed by a duly authorized officer of the corporation and all the acts of said
Anton ncy, pursuant to the authority hereby given, are hereby ratified acrd confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be simied by its Senior Vice President and its corporate seal to
be hereto affixed on this 5th day of May, 2009.
WESTERN SURETY COMPANY
%popPOgq��
♦f .. CA
���rN DPyo�io
�
Paul 4rBruflat, Senior Vice President
State of South Dakota
ss
County of Minnehaha
On this 5th day of May, 2009, before me personally came Paul T. Profit, to me known, who, being by me duly swum. did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that lie is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal: that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that Ire signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation
My commission expires ♦11 ... %... ......,.,yyyyyyy }
$ D. KRELL
November 30, 2012 s —` NOTARY PUBLIC SEAL s
s SOUTH DAKOTA s It
tyyyyyyyyyyyyyyymyyyyyyy
X& "V —
D. Krell, Notary Public
CERTIFICATE
L L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney heremabove set forth is still in
force. and further certify that the By -Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed
my name and affixed the seal ol'the said corporation this 24th day of JUne _ 2010
WESTERN SURETY COMPANY
=HFopPOgSJP n "s '
c fasf A-,p
h mm�
L. Nelson, Assistant Secretary
Form F4280 -09 -06
I
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretory, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal maybe printed by facsimile.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 7/6/2010 before me, Cindy Masidonio, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Annette Bethune xxxxxxxxxxxxxxxxxxxxxxxxxx
Names) of Signer(s)
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx ,
who proved to me on the basis of satisfactory evidence to
be the person(%) whose nantl 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 4;ris /her /I4;K* signatureN on the
instrument the person(s), or the entity upon behalf of
which the personN) acted, executed the instrument.
CINDY
r 5369 1 certify under PENALTY OF PERJURY under the laws
.. Notary Public - California of the State of California that the foregoing paragraph is
Orange Counryt true and correct.
Comm. wte,mn
WITNESS my hand and official seal.
Signature �Aa�to7l w
Place Notary Seal Above V. Signa re of Notary Public
OPTIONAL �/
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Labor and Material Payment Bond
Document Date: 6/24/10 Number of Pages: 2
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
❑ Individual
❑ Individual
❑ Corporate Officer— Title(s):
❑ Corporate Officer — Title(s):
❑ Partner —❑ Limited ❑ General _
❑Partner — ❑ Limited ❑ General _
❑ Attorney in Fact
❑ Attorney in Fact
❑ Trustee
Top of thumb here
❑ Trustee
Top of thumb here
❑ Guardian or Conservator
❑ Guardian or Conservator
❑ Other:
❑ Other:
Signer Is Representing:
Signer Is Representing:
2007 National Notary Association•935o be Soto Ave., P.O. Box 2402•Chaemorth, CA 91313- 2402 -w NabonalNotaryor9 Item #5987 Reorder:CaIIHdl- Free1E88-076 -6827
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
Leilani I. Brown, MMC
November 24, 2010
Orange County Recorder
P.O. Box 238
Santa Ana, CA 92702
RE: Notice of Completion for the following projects:
• Newport Coast Community Center Audiovisual Equipment — (C -4139)
• Lido Isle Pavement Rehabilitation — Phase II — (C -4385)
Please record the enclosed documents and return them to the City Clerk's office.
Thank you.
Sincerely,
Leilani I. Brown, MMC
City Clerk
Enclosure
3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915
Telephone: (949) 644 -3005 - Fax: (949).644 -3039 • www.city.newport- beach.ca.us
CITY OF NEWPORT BEACH I -NOW' 2 3 20 10
CITY COUNCIL STAFF REPORT
Agenda Item Igo "' r uu
November 23, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Patrick Arciniega, Senior Civil Engineer
949 -644 -3347 or parciniega @newportbeachca.gov
SUBJECT: LIDO ISLE PAVEMENT REHABILITATION PHASE II — COMPLETION
AND ACCEPTANCE OF CONTRACT NO. 4385
ISSUE
Staff is requesting approval to accept the Lido Isle Pavement Rehabilitation Phase II —
Contract No. 4385, as complete.
RECOMMENDATIONS
1. Accept the completed work and authorize the City Clerk to file a Notice of
Completion.
2. Authorize the City Clerk to release the Labor and Materials bond 35 days after
the Notice of Completion has been recorded in accordance with applicable
portions of the Civil Code.
3. Release the Faithful Performance Bond one year after Council acceptance.
Summary of Completed Construction Contract
tal Contract
Final Cost at
Benchmark
Actual
Contract
Time
Amount
Completion
Target
Contract
Time
Under ( -)
F$572,572.00
(days)
or Over ( +)
$562,892.80
Contract
-1.7%
60
-24
Plus 10%
DISCUSSION
On August 18, 2010, City Council authorized the award of the Lido Isle Pavement
Rehabilitation Project to All American Asphalt Company. The contract provided for the
grinding and removal of the existing top layer of asphalt concrete and repaving the area
with a new cap of asphalt concrete. In addition brokenldeteriorated sections of curb and
r
Lido Isle Pavement Rehabilitation Phase II- Completion and Acceptance of Contract No. 4385
November 23, 2010
Page 2
r� l- tt9ti�Gtei sidewalk, cross gutters and curb access ramps were replaced. There were
h J j �t�e ,eral Lareas where root pruning was required to prolong the life of the new
Improvements and to reduce future costs for maintenance and repair.
The project did not encounter any delays due to rain or other foreseen circumstances
and was able to complete the job 24 days ahead of schedule.
The contract has now been completed to the satisfaction of the Public Works
Department. A summary of the contract cost is as follows:
Original bid amount: $572,572.00
Actual cost of bid items constructed: $562,892.80
Total change orders: $0.00
Final contract cost: $562,892.80
The final overall construction cost was approximately 3.9% percent below the original
bid amount.
A summary of the project schedule is as follows:
Estimated completion date per 2010 Baseline Schedule: December 3, 2010
Project Award for construction: May 11, 2010
Contract Completion Date per NTP & Approved Extensions: November 15, 2010
Actual Construction Completion Date: October 12, 2010
Environmental Review
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 Class 1 (c), of the CEQA Implementing Guidelines. This exemption covers
the maintenance and alteration of existing public facilities with negligible expansion of the
facilities in areas that are not environmentally sensitive.
PUBLIC NOTICE
The Notice Inviting Bids was advertised in the City's official publication and in
construction industry publications.
Prior to starting work, two City - prepared construction informational notices were
distributed by the Contractor to Lido Isle residents within the work vicinity. The first
notice was distributed ten days prior to the scheduled work. The second notice was
distributed 48 hours before the work commenced.
-ido Isle Pavement Rehabilitation Phase II- Completic... _ nd Acceptance of Contract No. 4385
November 23, 2010
Page 3
FUNDING AVAILABILITY
In addition to the original construction contract, this project involved other project
expenses, as summarized below:
Construction
$562,892.80
Design
$48,080.81
Survey
$49,815.00
Incidentals
$1,044.47
Total Project Cost
$661,833.08
Funds for the construction project were expended from the following account:
Account Description
Traffic Congestion.
Water Fund
Sewer Fund
Prepared by:
Patrick Arciniega
Senior Civil Engineer
Attachment: Location Map
Account Number
7191- C2002032
7503- C2002032
7531- C2002032
Total:
Submitted by:
Amount
$ 519,892.80
$4,500.00
$38,500.00
$562,892.80
.n G. Badum
Works Director
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LIDO ISLE STREET
REHABILITATION PHASE II
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PROJECT LOCATION
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
DATE SCALE SHT
04/21/101 N. T.S 1 OF 7
DRAWN PA _ C-4385
�_ ti. <�u i ��`: hire �, �' •`° ` Y
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OFFICE OF THE CITY CLERK
Leilani I. Brown, MMC
January 5, 2011
Mr. Robert Bradley
All American Asphalt
P.O. Box 2229
Corona, CA 92878
Subject: Lido Isle Pavement Rehabilitation - Phase II (C4385)
Dear Mr. Bradley:
On November 23, 2010, 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 35 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
December 1, 2010, Reference No. 2010000644490. The Surety for the contract is
the Fidelity and Deposit Company of Maryland and the bond number is 7615401.
Enclosed is the Labor & Materials Payment Bond.
Sincere ,
Leilani I. Brown, MMC
City Clerk
Enclosure
3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915
Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
! II El - ill i'; lil_1
(GG 0.00
Exempt from recording fees
pursuant to Government Code Section 27383"
NO TICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and All American Asphalt. of Corona,
California, as Contractor, entered into a Contract on May 11. 2010. Said Contract set
forth certain improvements, as follows:
Lido Isle Pavement Rehabilitation — Phase II — (C -4385)
Work on said Contract was completed, and was found to be acceptable on
November 9. 2010, by the City Council. Title to said property is vested in the Owner, and
the Surety for said Contract is Travelers Casualty and Surety Company of America.
0 M
N =
W
> u is orks Director
Lu ifr ity Newport Beach
w ow,
o �c VERIFICATION
_o
I cAi ify, undue penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on 1 '�Je' i 1 �� �i at Newport Beach, California.
A0
`P1(`
OFFICE OF THE CITY CLERK
Leilani 1. Brown, MMC
November 24, 2010
Orange County Recorder
P.O. Box 238
Santa Ana, CA 92702
RE: Notice of Completion for the following projects:
Newport Coast Community Center Audiovisual Equipment — (C -4139)
® Lido Isle Pavement Rehabilitation — Phase II — (C -4385)
Please record the enclosed documents and return them to the City Clerk's office.
Thank you.
Sincerely, j
rY
Leilani I. Brown,lVMMC L��
City Clerk
Enclosure
3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915
Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and All American Asphalt, of Corona,
California, as Contractor, entered into a Contract on May 11, 2010. Said Contract set
forth certain improvements, as follows:
Lido Isle Pavement Rehabilitation — Phase II — (C -4385)
Work on said Contract was completed, and was found to be acceptable on
November 9. 2010, by the City Council. Title to said property is vested in the Owner, and
the Surety for said Contract is Travelers Casualty and Surety Company of America.
Director
rt Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on I " 114�U� �� at Newport Beach, California.
M
ti 1 ' i �•+ S. 113�,'
OFFICE OF THE CITY CLERK
Leilani I. Brown, MMC
November 23, 2011
Mr. Robert Bradley
All American Asphalt
P.O. Box 2229
Corona, CA 92878
Subject: Lido Isle Pavement Rehabilitation Phase II (C -4385)
Dear Mr. Bradley:
On November 22, 2011, 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 35 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
December 1, 2010. Reference No. 2010000644490. The Surety for the contract is
the Fidelity and Deposit Company of Maryland and the bond number is 7615401.
Enclosed is the Faithful Performance Bond.
Sincerely,
9k�' �A
Leilani I. Brown, MMC
City Clerk
Enclosure
3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915
Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
LIDO ISLE PAVEMENT REHABILITATION - PHASE II
CONTRACT NO. 4385
BOND NO. 7615401 Executed in Four (4) Parts
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 2,433.00
being at the rate of $ 4mi
Premium thousand of the Contract price.
m subject to adjustment upon completion
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to All American Asphalt, hereinafter designated as the "Principal ", a contract
for construction of LIDO ISLE PAVEMENT REHABILITATION - PHASE 11, Contract No. 4385 in
the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other
Contract Documents maintained in the Public Works Department of the City of Newport Beach, all
of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute Contract No. 4385 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 Five Hundred Seventy -Two Thousand, Five Hundred Seventy -Two and
001100 Dollars ($572,572.00) lawful money of the United States of America, said sum being
equal to 100 % of the estimated amount of the Contract, to be paid to the City of Newport Beach,
its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our
heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these
present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's
heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep
and perform any or all the work, covenants, conditions, and agreements in the Contract
Documents and any alteration thereof made as therein provided on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to its true
intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach,
its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall
become null and void.
28
As a part of the obligation secured hereby, and in addition to the face amount specified in
this Performance Bond, there shall be included costs and reasonable expenses and fees,
including reasonable attorneys fees, incurred by the City, only in the event the City is required to
bring an action in law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the work to be performed thereunder or
to the specifications accompanying the same shall in any way affect its obligations on this Bond,
and it does hereby waive notice of any such change, extension of time, alterations or additions of
the Contract or to the work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal in full
force and effect for one (1) year following the date of formal acceptance of the Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed that the
death of any such Principal shall not exonerate the Surety from its obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on the 13th day of May 2010.
V P
All American Asphalt (P incipal)
Fidelity and Deposit Company of Maryland
Name of Surety
801 No. Brand Blvd,
Glendale, CA. 91203
Address of Surety
.Surety: 818-409-2800 Agent: 949-679-7116
Telephone
'Authorized Signature/Title
C `;� • I !:�� ��.� �£. LTV \R��a: �.�
— -
Rebecca Haas - Bates, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS of CONTRAICT OR AND SURE I'T' MUST BE
ATTACHED
29
ACKNOWLEDGMENT
..p g p p q q q o v q e q..a."Aggpqq g p q q q Y q q q q p e q q Y q q q q q q q q Y m q q q q q e q p p q q q qq qq Bqp qpp •ggP�q,
State of California
County of
ss.
On before me,
Public, personally appeared
Notary
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 capecity(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.
See Attached Surety Acknowledgment
Signature
(seal)
gggq qqq PYgggq gYtl gggtl Yggq YYBYtlggtl u Y g q q q q q p q p p q..Yggbq b e q a.. g q q p Yq,gggq qq sq„gYggpl
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)
Capacity of Signer:
Trustee
— Power of Attorney
_ CEO / CFO / COO
President/ Vice - President / Secretary /Treasurer
Other:
Other
30
Thumbprint of Signer
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no thumbprint
or fingerpdnt
is available.
ACKNOWLEDGMENT
tltl ............... g. N.. ............................... ................ q.Btl I R. tl,
State of Califo�nl y��f�f
County of tt�� } sS_
On k lt� ZO /O before me, A- L-4 Notary
Public, personally appeared
who
proved to me on the basis of satisfactory evidence to be the person hose name( is /ark --
subscribed to the within instrument and acknowledged to me that he /sty executed the
same in his /hbpAkteir authorized capacity(Wils), and that by hisftn4ftir signatures($] -on the
Instrument the person(4} -or the entity upon behalf of which the person*acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. BRENDA L. ROYSTER
Commission # 1700922
/1 Notary Public - California
Riverside County
MyC«nm. Expires Oc125, 20 i 0
Signature
(seal)
a. gegeeq ......... .................gg9.11........ a®gggpn Fpp............... v v.. q,
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)
Capacity of Signer:
_ Trustee
_ Power of Attorney
CEO /CFO /COO
President -PresidenD Secretary / Treasurer
Other:
Other
31
Thumbprint of Signer
❑ Chock here it
no thumbprint
or fingerprint
is available.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGM•
AG M q.c?r @ AuN.• .AUA b. AREA vx H.AUAUAS:'-0GA. A �Yai.A A �.A A N' A
State of California
County of Orange
On 5-13-10 before me, Barbara J. Bender, Notary Public
Date Here Insert Name and Tile of iM1e Oea:er '
personally appeared Rebecca Haas -Bates
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(&) is /ere subscribed to the
within instrument and acknowledged to me that
ile /shei'" executed the same in Ne/her /their authorized
capacity(iee), and that by 4ss /her4heiF signature(&} on the
instrument the person(*, or the entity upon behalf of
which the person(&} acted, executed the instrument.
BARBARA J. BENDER I certify under PENALTY OF PERJURY under the laws
Commission # 1801899
Notary Public •California € of the State of California that the foregoing
Orange County Paragraph is
true and correct
My Comm. Expires Jul 13, 2012 P
WITNESS m d andficial e
1
Signature
Place Notary Seal Above Signature o Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Performance Bond No. 7615401
Document Date: 5-13-10 Number of Pages: Four (4)
Signer(s) Other Than Named Above: All American Asphalt
Capacity(ies) Claimed by Signer(s)
Signer's Name: Rebecca Haas -Bates
Signer's Name:
Individual
Cl Individual
Corporate Officer — Title(s):
0 Corporate Officer — Title(s):
❑ Partner — ❑ Limited O General
Ii Partner —O Limited 11 General
El Attorney in Fact
+ _•
n Attorney in Fact
• • '
_J Trustee
TOP of thumb here
L Trustee
Tap of thumb here
Guardian or Conservator
=. Guardian or Conservator
Other:
O Other:
Signer Is Representing:
Signer Is Representing:
Fidelity and Deposit Company of Maryland
2007 National Notary ASSOCiaeon• 9350 De Soto Ave- P.O. Box 2402•Cha0.wotlh, CA 91313- 2a02•vrwu.NallonalNNaryorq Item 8590] Reorder: CaIITolbFree 1 -800.676 6827
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant
Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said ny, which are set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate,
constitute and appoint William SYRKIN, Rebecca HAAS -BATES an f Irvine, California,
EACH its true and lawful agent and Attomey -in -Fact, to mak e "u a behalf as surety, and
as its act and deed: any and all bonds and undert ecu ' or undertakings in pursuance of
these presents, shall be as binding upon ° ] d ! 1 ' ents and purposes, as if they had been
duly executed and acknowled e mf att5y ele ompany at its office in Baltimore, Md., in their
own proper persons,.�pg erg' m a e on behalf of William SYRKIN, Rebecca HAAS - BATES,
Sergio D. BECHA and ed April 8, 2008.
The said Assistant ° es eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -L s said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 25th day of
September, A.D. 2009.
ATTEST:
'�a o[vosrr
o °
%, INB i
4,��i
State of Maryland 1 ss:
City of Baltimore f
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Gregory E. Murray Assistant Secretary
By:
William J Mills Vice President
On this 25th day of September, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary
of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Maria D. Adamski Notary Public
My Commission Expires: July 8, 2011
POA-F 012 -0033
2y�rlic. �Fc
D.
Maria D. Adamski Notary Public
My Commission Expires: July 8, 2011
POA-F 012 -0033
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
LIDO ISLE PAVE MENt REHABILITATION - PHASE 11
CONTRACT NO. 4385
BOND NO. 7615401 Executed in Four (4) Parts
Premium charge included in Performance Bond
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to All American Asphalt, hereinafter designated as the "Principal," a
contract for construction of LIDO ISLE PAVEMENT REHABILITATION - PHASE 11, Contract No.
4385 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and
other Contract Documents in the office of the Public Works Department of the City of Newport
Beach, all of which are incorporated herein by this reference,
WHEREAS, Principal has executed or is about to execute Contract No. 4305 and the
terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's
subcontractors, shall fall 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 far 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 tate S of Californie, as Surety, (referred to herein as "Surety') are
held firmly bound unto the City of Newport Beach, in the sum of Five Hundred Seventy -Two
Thousand, Five Hundred Seventy -Two and 00 /700 Dollars ($572,572.00) lawful money of the
United States of America, said sum being equal to 100% of the estimated amount payable by the
City of Newport Beach under the terms of the Contract; for which payment well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly
and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's
subcontractors, fail to pay for any materials, provisions, or other supplies, implements or
machinery used in, upon, for, or about the performance of the work contracted to be done, or for
any other work or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Code with respect to such• work or labor, or for any amounts required to be deducted,
withhold 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 specked in this Bond, and also, in case suit is brought to enforce
_the obligations of this Bond, a reasonable attorneys fee, to be foxed by the Court as required by
the provisions of Section 3250 of the Civil Code of the State of Califomia.
32
The Bond shall inure to the benefit of any and all persons, companies, and corporations
entitled to file Claims under Section 3181 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 vuith
the provisions of Sections 3247 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 or the specifications accompanying the same 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 13th day of Mav 020110.
?_� �i U, P
All American Asphalt (Principal)
Fidelity and Deposit Company of Maryland
Name of Surety
801 No. Brand Blvd
Glendale, CA. 91203
Address of Surety
Surety: 818 -409 -2800 Agent; 949 - 679 -7116
Telephone
Rebecca Haas - Bates, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS of CONTRACTOR AND SURETY MUST BE
ATTACHED
33
ACKNOWLEDGMENT
A.. .AV. WRAP VAPPP APR A PVVMA ... APtlOPPPPVV... Wang A.PPPP PPPP AAAAA Among ..... AA AAA. MAI
State of California
County of
a$.
On 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($) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
See Attached Surety Acknowledgment
Signature
(seal)
PP90PP MAPAARAPPAVVA PMPAP AAAPgPPPSPAPPAAPPPPOPae.PAAPPP. AAAAAPPAAA AAPPAP..PA PAP,
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)
Capacity of Signer:
_ Trustee
Power of Attorney
—CEO /CFO /COO
President 1 Vice- President I Secretary / Treasurer
Other:
Other Information:
34
Thumbprint of Signer
❑ Check here if
no thumbprint
or fingerprint
Is available.
ACKNOWLEDGMENT
qvp PPqqvvvvvvvvq pPpYPYqvq pggq gggpv.PVqqvvdo"Uppqqqvq........ Ppgpq vvevvg..X Pqe vl
State of Callfoq1la
County of 4C as.
On 1AA- / q4 Zb(O before me, S( 1 Notary
Public, persona fly appeared eblol
who
proved to me on the basis of satisfactory evidence to be the person(A -whose name(t- -is /a4e
subscribed to the within instrument and acknowledged to me that he /sh:aftlaeq executed the
same In his /heN*air authorized capacity(!" ,-and that by his /herd2hc9ir signatures(4+-on the
instrument the person(, or the entity upon behalf of which the person(.- acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
,i / 4 /
BRENDA L. ROYSTER
_ Commission # 1700922
Notary Public • California r
Riverside County '-
MyCornm.1 b#es Oct 26, 2010
(seal)
ggvgvv......qpptl gpg00qqpqvvqqp0qqq gggq ggtlgAY tlpvp vgggqqqvvvvv... v gvevq.... 6AA.M1
OPTIONAL INFORMArION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
k�c (3! ?'0i C) Thumbprint of Signer
S
Type of Satisfactory Evidence:
_ Personally Known with Paper Identification
k Paper Identification
_ Credible Wilness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO /CFO/
President ico-Ptesident Secretary I Treasurer
Other:
Other Information:
35
Q Check here ii
no thumbprint
or fingerprint
is available.
1 )
'T�1Li c' y. IEI
4ai.7a aS..lv1
State of California
County of Orange
On 5 -13 -10 before me, Barbara J. Bender, Notary Public
Oeta HOM loam Nama aik We of the Officer
personally appeared Rebecca Haas -Bates
who proved to me on the basis of satisfactory evidence to
be the persons) whose name(e) is/am subscribed to the
within instrument and acknowledged to me that
tae /sheA4ey executed the same in 40s/her/their authorized
capacity(ies), and that by W/herAheiF signature(s4 on the
instrument the person(*,, or the entity upon behalf of
which the person(* acted, executed the instrument.
BARBARA J. BENDER I certify under PENALTY OF PERJURY under the laws
s :® Commission # 16o18g9 of the State of California that the foregoing Notary Public - California 9 9 paragraph is
Orange county = true and correct
My Comm. Expires Jul 13, 2012
WITNESS m h d and Ificial al.
rr 1
Place Nalery seal Above Signature
i9n re of Lary Pablk
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Payment Bond No. 7615401
Document Date: 5 -13 -10 Number of Pages: Four (4)
Signer(s) Other Than Named Above: All American Asphalt
Capacity(ies) Claimed by Signer(s)
Signer's Name: Rebecca Haas -Bates Signer's Name:
❑ Individual C Individual
0 Corporate Officer— Title(s): ❑ Corporate Officer— Title(s):
❑ Partner — CI Limited O General . _ _ 0 Partner — ❑ Limited ❑ General
E) Attorney in Fact • • ❑ Attorney in Fact
D Trustee Top of thumb here Top of thumb here
❑ Trustee
Guardian or Conservator u Guardian or Conservator -
❑ Other: O Other:
Signer Is Representing: Signer Is Representing:
Fidelity and Deposit Company of Maryland
®20J7NetlonalNaery ASaeciafion• 935U De. Sob AVe..P.O.BOt?A02•ChaSnarlh, CA 91313�Zge2 -v NatiwalNderyorg Ihm959ar Reorder:CRToJ,Fa l-- 87"8"
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
a_
Recorded in Official Records, Orange County
Torn Daly, Clerk- Recorder
IlII! Illlllllllillll! IIIIIIIICIIIIIIIIIIIIIIIIIII !IIIAllllllll NO FEE
2010000644490 12:29 pm 12/01110
276 418 N12 1
0.00 0.00 0.00 x7.00 0.00 0.00 0.00 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, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and All American Asphalt, of Corona,
California, as Contractor, entered into a Contract on May 11, 2010. Said Contract set
forth certain improvements, as follows:
Lido Isle Pavement Rehabilitation — Phase II — (C -4385)
Work on said. Contract was completed, and was found to be acceptable on
November 9. 2010, by the City Council. Title to said property is vested in the Owner, and
the Surety for said Contract is Travelers Casualty and Surety Company of America.
0
fit
"Li cv =
a
N is I
L
L.I M WN ity Nev
L °.
VERIFICATION
I cN ify, und penalty of perjury, that the foregoing is true
knowledge.
Director
rt Beach
and correct to the best of my
Executed on 1 Ogem4 1 (•+1 "01" , at Newport Beach, California.
rim
I
1
CITY OF NEWPORT BEACH NMI 23 2010
CITY COUNCIL STAFF REPORT
Agenda Item No' p ft
November 23, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Patrick Arciniega, Senior Civil Engineer
949- 644 -3347 or parciniega @newportbeachca.gov
SUBJECT: LIDO ISLE PAVEMENT REHABILITATION PHASE II — COMPLETION
AND ACCEPTANCE OF CONTRACT NO. 4385
ISSUE
Staff is requesting approval to accept the Lido Isle Pavement Rehabilitation Phase II —
Contract No. 4385, as complete.
RECOMMENDATIONS
1. Accept the completed work and authorize the City Clerk to file a Notice of
Completion.
2. Authorize the City Clerk to release the Labor and Materials bond 35 days after
the Notice of Completion has been recorded in accordance with applicable
portions of the Civil Code.
3. Release the Faithful Performance Bond one year after Council acceptance.
Summary of Completed Construction Contract
Total Contract
Amount
Final Cost at
Completion
Benchmark
Target
Actual
Contract
Contract
Time
(days)
Time
. Under (-)
or Over ( +)
$572,572.00
$562,892.80
Contract
Plus 10%
1.7%
60
24
DISCUSSION
On August 18, 2010, City Council authorized the award of the Lido Isle Pavement
Rehabilitation Project to All American Asphalt Company. The contract provided for the
grinding and removal of the existing top layer of asphalt concrete and repaving the area
with a new cap of asphalt concrete. In addition broken /deteriorated sections of curb and
Lido Isle Pavement Rehabilitation Phase II- Completion and Acceptance of Contract No. 4385
November 23, 2010
Page 2
gutlee,., sidewalk, cross gutters and curb access ramps were replaced. There were
se_era'I'.a eas where root pruning was required to prolong the life of the new
Improvements and to reduce future costs for maintenance and repair.
The project did not encounter any delays due to rain or other foreseen circumstances
and was able to complete the job 24 days ahead of schedule.
The contract has now been completed to the satisfaction of the Public Works
Department. A summary of the contract cost is as follows:
Original bid amount: $572,572.00
Actual cost of bid items constructed: $562,892.80
Total change orders: $0.00
Final contract cost: $562,892.80
The final overall construction cost was approximately 3.9% percent below the original
bid amount.
A summary of the project schedule is as follows:
Estimated completion date per 2010 Baseline Schedule: December 3, 2010
Project Award for construction: May 11, 2010
Contract Completion Date per NTP & Approved Extensions: November 15, 2010
Actual Construction Completion Date: October 12, 2010
Environmental Review
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 Class 1 (c), of the CEQA Implementing Guidelines. This exemption covers
the maintenance and alteration of existing public facilities with negligible expansion of the
facilities in areas that are not environmentally sensitive.
PUBLIC NOTICE
The Notice Inviting Bids was advertised in the City's official publication and in
construction industry publications.
Prior to starting work, two City- prepared construction informational notices were
distributed by the Contractor to Lido Isle residents within the work vicinity. The first
notice.was distributed ten days prior to the scheduled work. The second ,notice .was
distributed 48 hours before the work commenced.
.. .. .......
'do Isle Pavement Rehabilitation Phase II- Completio_ _hd Acceptance of Contract No. 4385
November 23, 2010
Page 3
FUNDING AVAILABILITY
In addition to the original construction contract, this project involved other project
expenses, as summarized below:
Construction $562,892.80
Design $48,080.81
Survey $49,815.00
Incidentals $1,044.47
Total Project Cost $661,833.08
Funds for the construction prc
Account Description
Traffic Congestion,
Water Fund
Sewer Fund
ject were expended from the following account:
Account Number Amount
7191-C2002032 $ 519,892.80
7503-C2002032 $4,500.00
7531-C2002032 $38,500.0
Total: $562,892.80
Prepared by: Submitted by
OaP4 _'Jv�'V C"l Lt
Patrick Arciniega r�Su p is WOG
r�sad um
Senior Civil Engineer Director
Attachment: Location Map
P p,N
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Q
PROJECT LOCATIONS
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LIDO ISLE STREET
REHABILITATION PHASE II
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PROJECT LOCATION
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
'1/101-- '" N.T.S
PA I C -4385
CITY CLERK
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, Newport Beach, CA 92663
Until 11:30 AM on the 20 day of April, 2010,
at which time such bids shall be opened and read for
LIDO ISLE PAVEMENT REHABILITATION - PHASE II
Title of Project
Contract No. 4385
$650,000.00
Engineer's Estimate
by
G. Badum
Public Works Director
Prospective bidders may obtain one set of bid documents for $20.00
at the office of the Public Works Department,
3300 Newport Boulevard, Newport Beach, CA 92663
Contractor License Classification(s) required for this project. "A"
For further information, call Patrick Arciniega, Project Manager at(949)644-3347
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
htto://www.Newl)ortBeachCA.QOV
CLICK: Online Services /Bidding & Bid Results
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
LIDO ISLE PAVEMENT REHABILITATION - PHASE II
CONTRACT NO. 4385
TABLE OF CONTENTS
NOTICE INVITING BIDS .......................................................... ............................... Cover
INSTRUCTIONS TO BIDDERS ........................................................ ..............................3
BIDDER'S BOND .............................................................................. ..............................5
DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6
TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7
NON - COLLUSION AFFIDAVIT ........................................................ .............................11
DESIGNATION OF SURETIES ........................................................ .............................12
CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13
ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15
INFORMATON REQUIRED OF BIDDER ......................................... .............................16
NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19
CONTRACT..................................................................................... .............................20
LABOR AND MATERIALS BOND .................................................... .............................26
FAITHFUL PERFORMANCE BOND ................................................ .............................28
PROPOSAL................................................................................ ............................... PR -1
SPECIAL PROVISIONS ................................................................. ...........................SP -1
F
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
LIDO ISLE PAVEMENT REHABILITATION - PHASE II
CONTRACT NO. 4385
INSTRUCTIONS TO BIDDERS
The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND
DESIGNATION OF SUBCONTRACTORS
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS
BID OPENING DATE (if any)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON - COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL
ISSUED BY AGENCY PRIOR TO
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price)
may be received in lieu of the BIDDER'S BOND. The title of the project and the words
"Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents
listed above. Bidders are advised to review their content with bonding and legal agents prior
to submission of bid.
4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently
authorized by the Insurance Commissioner to transact business of insurance in the State of
California, and (2) listed as an acceptable surety in the latest revision of the Federal Register
Circular 570. The successful bidder's security shall be held until the Contract is executed.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and
figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of
estimated quantity by unit price, the correct multiplication will be computed and the bids will be
compared with correctly multiplied totals. The City shall not beheld responsible for bidder
errors and omissions in the PROPOSAL.
The City of Newport Beach reserves the right to reject any or all bids and to waive any
minor irregularity or informality in such bids. Pursuant to Public Contract Code Section
22300, at the request and expense of the Contractor, securities shall be permitted in
substitution of money withheld by the City to ensure performance under the contract. The
securities shall be deposited in a state or federal chartered bank in California, as the escrow
agent.
8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the-general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the contract. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of
Industrial Relations. All parties to the contract shall be governed by all provisions of the
California Labor Code — including, but not limited to, the requirement to pay prevailing wage
rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by
the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5
of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public
Contracts Code, "Subletting and Subcontracting Fair Practices Act ".
10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual
authorized by the corporation. For partnerships, the signatures shall be of a general partner.
For sole ownership, the signature shall be of the owner.
The signature below represents that the above has been reviewed.
-- POO73 6C-12,
Contractor's License No. & Classification
IVA, - MIJ
:..-
Authorized Signature/Title
"RxC t% 2010
Date
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
LIDO MILE PAVEMENT REHABILITATION --PHASE 11
)CONTRACT NO. 4385
BIDDER'S BOND Bond No. 08597423
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 Bid Price in ---- - - - - --
-------- - - - - -- ------- - - - - -- Dollars ($ 10% of Total Bid ), to be paid and forfeited to the City
of Newport Beach if the bid proposal of the undersigned Principal for the construction of LIDO
ISLE PAVEMENT REHABILITATION - PHASE II, Contract No. 4385 in the City of Newport
Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract
is awarded to the Principal, and the Principal fails to execute the Contract Documents in the
form(s) prescribed, including the required bonds, and original insurance certificates and
endorsements for the construction of the project within thirty (30) calendar days after the date
of the mailing of "Notification of Award ", otherwise this obligation shall become null and void-
If the undersigned Principal executing this Bond is executing this Bond as an individual,
It is agreed that the death of any such Principal shall not exonerate the Surety from Its
obligations under this Bond.
Witness our hands this 14th day of A r
All American Asphalt,
Name of Contractor (Principal)
Fidelity and Deposit Company of Maryland
Name of Surety
801 North Brand Blvd, Glendale, CA. 91203
Address of Surety
Surety: 81 B- 409 -2800 Agent: 949 - 679 -7116
Telephone
Owen M. Brown, Attomey -in -Fact
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
Bid Date: April 20, 2010
CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT
State of California
County of Riverside
BRENDA L. ROYSTER
Commisslon # 1700922
,-o Notory Public - California £
Riverside County
WCOmvn.FirpRas OCt26,2010 +
Place Notary Seal Above
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 /shekhey executed the same in
his/heathelc authorized capacity(ies), and that by his/Aer/their
signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the forgoing paragraph is true and correct.
WITNESS my.( and and
OPTIONAL
Though the information below is not required by law, it may prove valuable to person retying 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 Bidder's Bond — City of Newport Beach
Document Date: April 14, 2010 Number of Pages: 5
Signer( &) Other Than Named Above: Owen M. Brown, Attorney -In -Fact
Capacity(ies) Claimed by Signer(a)
Signer's Name: Robert Bradley Signer's Name:
❑ Individual ❑ Individual
X Corporate Officer — Title(# Vice President
❑ Partner — ❑ Limited ❑ General
• Attorney in Fact
• Trustee Top m thumb here
• Other:
Signer is Representing:
• Corporate Officer — Title(s):
• Partner— o Limited o Ge
❑ Attorney in Fact
• Trustee
• Other:
Signea s Representing:
�v.. x.: x,.. b. x.,...,. i.,'>._._ i�: a,_'., �N,..: o.. it'+ a/ �C: h„. 4v"...:...:. i. n..: n:. iiY $•.. %4'.�'Cry::�l'!32:23.v.�!Gn "'.n+..'�G:.a:.'):.�x..?�.. -a ..- :G. >v.a
State of California
County of Orange
On 4-14-10 before me, Barbara J. Bender, Notary Public
DM Nere 1n d Name am TNIe of me often
personally appeared Owen M. Brown
Neme(s) of Signer(a)
Fel< ...... BARBARA J. BENDER
Commission # 1801899 Notary public - CaliPornia G•r, Orange County £
My Comm. Expires Jul 13, 2012
Kne WM Seal Aa
who proved to me on the basis of satisfactory evidence to
be the person(&) whose name(s) is/me subscribed to the
within instrument and acknowledged to me that
he/eheRhey executed the same in his/kevRkeir authorized
capacity(ies), and that by his/keAheir signature(&) on the
instrument the person(*, or the entity upon behalf of
which the persons} 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/I
V'r '9
W511 %I %l �..`' a /•' �/:
ramiffelffil
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Bid Bond
Document Date:
Signer(s) Other Than Named Above: All American Asphalt
Capacity(ies) Claimed by Signer(s)
Signer's Name: Owen M. Brown
❑ Individual
❑ Corporate Officer —Tdle(s):
❑ Partner — ❑ Limited ❑ General
El Attorney in Fact WEVOM
_i Trustee Top of mumb here
Guardian or Conservator
Other:
Signer Is Representing:
Fidelity and Deposit Comoanv
of Maryland
Number of Pages: Three (3)
Signer's Name:
Individual
'❑ Corporate Officer — Title(s):
n Partner — ❑ Limited ❑ General
Attorney in Fact
❑ Trustee
D Guardian or Conservator
O Other:
Signer Is Representing:
Rlilii ?*gJYCiflriRi7
oc� srcN>ry
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY,
Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of th06=1aE2ent Company, which are
set forth on the reverse side hereof and are hereby certified to be in full force and efreof, does hereby
nominate, constitute and appoint Owen M. BROWN, of Glendale, Cal' and Attorney -in-
Fact, to make, execute, seal and deliver, for, and on its behalf ac ° d all bonds and
undertakings, and the execution of such bonds or u sir shall be as binding upon said
Company, as fully and amply, to all inte ° i xecuted and acknowledged by the
regularly elected officers of the ��fficC !n �$� in their own proper persons.
The said Assisd
Section 2, of the E
IN WITNESS
affixed the CorIx
A.D. 2010.
ATTEST:
v�o ocvosr.
rQ
set forth on the reverse side hereof is a true copy of Article VI,
'd4s $ow in force.
(Ire Said Vice - President and Assistant Secretary have hereunto subscribed their names and
of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 25th day of February,
State of Maryland ss:
City of Baltimore
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Gregory E. Murray Assistant Secretary
By:
Theodore G. Martinez
On this 25th day of February, A.D. 2010, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals
and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,
and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority
and direction of the said Corporation.
IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal the day and year first above
written.
4�
''' "�hIt11P100
Constance A. Dunn Notary Public
My Commission Expires: July 14, 2011
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto"
CERTIFICATE
1, the undersigned, Assistant Secretary of 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
the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized
by the Board of Directors to appoint any Attorney -in -Fact as provided in Article Vi, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
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 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 pr 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 seal of the said Company,
this 14TH day of APRIL 2010
At
Assistant Secretary
i�
ACKNOWLEDGMENT
ww RRRRRO ORRRw FfwR NNRRR, IN RRR...RRRRRRww.NRRNIRRRRR.YRRRR YO/ RRRN MICR.. N NRRR...NR,
State of California
County of
E*1
On before me,
Public, personally appeared
Notary
proved to me on the basis of satisfactory evidence to be the p on(s) whose name(s) Is/are
subscribed to the within Instrument and acknowledged to m that he /she /they executed the
same in his /her /their authorized capacity(ies), and that by sther /their signatures(s) on the
instrument the person(s), or the entity upon behalf of whic he person(s) acted, executed the
Instrument.
I certify under PENALTY OF PERJURY under the
foregoing paragraph Is true and correct.
WITNESS my hand and official seal.
See Attached Notary Acknowledgments
Signature
of the State of California that the
(seal)
RR RRR RRRRRRRNNRRRRRRRRRw R RR RRRR RR• RRwwRRRRRRRRR Rw,1N 11 RRRR.RRRR. w,1 /w NR....NNR R,
IIVFORMA710M
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)
Capacity of Signer:
Trustee
Power of Attorney
CEO /CFO /COO
President / Vice- President / Secretary / Treasurer
Other:
Other Information:
M
Thumbprint of Signer
❑ Check here it
no thumbprint
orflngerpnM
Is available.
ACKNOWLEDGMENT
•Rw11RRRRP... A......... A ..... R...RRR a.... NR... a.... WA ..am RfRR ✓M ww R*so RRR A RRRR RI
State of California
County of
ss.
On before me,
Public, personally appeared
proved to me on the basis of satisfactory evidence to be
subscribed to the within instrument and acknowledged t
same in his/her /their authorized capacity(ies), and that
instrument the person(s), or the entity upon behalf of why
Instrument,
I certify under PENALTY OF PERJURY under the
foregoing paragraph is true and correct. i
WITNESS my hand and official seal.
See Attached Notary Acknowledgments
Signature
Notary
0 person(s) whose name(s) is /are
no that he /she/they executed the
his/her /their signatures(s) on the
the person(s) acted, executed the
of the State of California that the
(seal)
•.AR........ MR RRRRRR MN\......... RY •RRRRR....AARRRR RRRR. WAR, RRRRRR YRRR.RRR AAA..
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 P er Identification
_ Paper Identification
Credible Witness(es)
Thumbprint of Signer
Capacity Signer:
Check hero
❑ if
Trustee
no thumbprint
Power of Attorney
w fingerprint
CEO I CFO /COO
is avasabte.
President ! Vloe- President ! Secretary / Treasurer
Other:
Other Information:
7
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
LIDO ISLE PAVEMENT REHABILITATION - PHASE II
CONTRACT NO. 4385
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an amount in
excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the
Contractor represents that he /she is fully qualified to and will be responsible for performing that
portion of the work. Substitution of subcontractors shall be made only in accordance with State
law and /or the Standard Specifications for Public Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following
subcontractors have been used in formulating the bid for the project and that these subcontractors
will be used subject to the approval of the Engineer and in accordance with State law. No
changes may be made in these subcontractors except with prior approval of the City of Newport
Beach. (Use additional sheets if needed)
Subcontractor's Information
Bid Item
Description of Work
%of
Number
Total Bid
Name: QraO A {
Address: (.0 11 P
5!-n �l�lQ
1,17%
18 3 &I P/�cLLX'64,�G�`!F!. ork t M
)3
j
Phone: '7 f-t( (a 3_I. '1 SJ v
State License Number: [ tR07
�R
Name:
Address:
Phone:
State License Number.
Name:
Address:
Phone:
State License Number:
A�'fIZ'LGiC.c C* +��7/GY�Y�.,
Bidder AA orl n ureTitle ggT V'P
.
f
8
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
LIDO ISLE PAVEMENT REHABILITATION - PHASE II
CONTRACT NO. 4385
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE.
For all public agency projects you have worked on (or are currently working on) in the
past 2 years in excess of $15,000, provide the following information:
No. 1
Project Name /Number
Project Description
Approximate C
Agency Name
Contact Person
Telephone (3jt) ZAS —ZS_ZJ
Original Contract Amount $ x/06- Final Contract Amount $ L14 0KOW
If final amount is different from original, please explain (change orders, extra work, etc.)
P1i-
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
r
No. 2 /� p, , ��1r�
Project Name /Number jb i pr C�,.,/�7�]��r �1/, y p�,�y/�,M�,j� ��
Project Description --Jtt(IIl''.,�1DEht 'y4"�7NC@ --'!tea
Approximate Construction Dates: From csWN fl To:{ 1 4lJV
Agency Name
Contact Person
Telephone Ric k-5--3 5- — 4V /
Original Contract Amount $ 11 VP
1 4inal Contract Amount $ . 2-024 ��• f! if
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you /Contractor? If yes, briefly explain and indicate outcome of claims.
No. 3
Project Name /Number
Project Description
Nd
Approximate Construction Dates: From -.1 To: 72 — dW b
Agency Name
Contact Person
Telephone (%� • bZ�� 33 t
2� . 00
Original Contract Amount $G coal Contract Amount $ < < '3 �3 ° y
If final amount is different from original, please explain (change orders, extra work, etc.)
N
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.
tl-ya
10
No. 4
Project Name /Number
Project Description STt&y . lP,e c3xz�
Approximate Construction Dates: From / / —"P Nil I� 7 To: 3 - dW i
Agency Name &7 ll � d I�
Contact Person
Telephone (71V fp q — SD IV
Original Contract Amount $Z! u 'll RRI Contract Amount $ _ 27 U9, 913-01)
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.
N6
No. 5
Project Name /Number
Project Description qd7l&67 ZkPt _ 6,M1�. S
Approximate Construction Dates: From
Agency Name
Contact Person
Telephone (p�
g v
Original Contract Amount $ 4'!' 0 "final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
I—J[)^
Did you file any claims against the Agency? Did the Agency file any claims
against you /Contractor? If yes, briefly explain and indicate outcome of claims.
11
No. 6
Project Name /Number
Project Description 571'e �-.nH�KIIWV R ( l
Approximate Construction Dates: From ! 24 To: "[ —� ! -
Agency Name
Contact Person W1tJ1U11 Telephone (71
Original Contract Amount $ -)f I
Final Contract Amount $ �i IMi = r�
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you /Contractor? If yes, briefly explain and indicate outcome of claims.
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on -site Construction Manager for the
Contractor. 56n hTrx-c�
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the Contractor's current financial
conditions.
'*tl '�qeaCei
Bidder XKutfidiizid Si nature/Title
�Ij�a�lt -T8 1" &&SCPeXJ7-
iz
P.O. Box 2229, Corona, CA 92878 -2229
Doug Harrington
1996 — Present All American Asphalt Corona, CA
const uctim Manager
• Supervise construction activities for general engineering contractor,
• Manage grading, concrete, and paving operations for both public and private
work projects.
1990 -1996
Paving Superintendent
• Managed all paving operations.
• Responsible for organizing personnel, equipment and materials for paving
projects.
• Responsible for project acceptance.
• Handled customer inquiries and complaints.
19WI990
Foreman
• Managed daily operations for grading, concrete, paving and public works
projects.
• Responsible for quantity verification and contract changes.
1977 -1983 Industrial AsphaldHunt Mix Irwindale, CA
Operating Engineer
• Responsible for daily maintenance and operation of various heavy machinery.
4,... (0 ~,r , Attended various educational classes relating to the construction industry
including:
- Agtec Pointman Training (Non contact sensor grade control)
- Asphalt Technology
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
LIDO ISLE PAVEMENT REHABILITATION - PHASE II
CONTRACT NO. 4385
NON - COLLUSION AFFIDAVIT
State of California )
p ) ss.
County of LNEISWC- )) ,�
1710 -:�a]� W bein first du sworn deposes nd rsaayyss .thhat he erabo is
(4l�l.T ofRn. q the party making the
-1 MAQ 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
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 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 et+ierbid 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 undpenalty of perjury of the laws of the State of C ifomia that the f egoing is tr correct.
Bidder onzed Sig-rialfuretTitle lZm t�'��14D t lij-
Subscribed and sworQto (or affirmed) before me on this day of 2010
by \
the basis of satisfactory evidence to
I certify under PENALTY OF PERJURY
foregoing paragraph is true and correct.
[SEAL]
13
personally known to me or proved to me on
who appeared before me.
the State of California that the
Notary Public
My Commission Expires:
CALIFORNIA JURAT
State of California
County of Riverside
BRENDA L. ROYSTER
Commission # 1700922
a ; -s Notary Public - California
UE' Riverside County '
MyCmvn. E10esOct2a, 2010
Subscribed and sworn to (or affirmed) before
me on this 19th day of April, 2010
Date Month
By (1) Robert Bradley
Name of Signer
Proved to me on the basis of satisfactory evidence
be the person who appeared before me (.) (,)
(2)
(and
ProveSO4 me on the basis of satisfactory evidence
be 85e person who appeared before me.)
Signature
Platy Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove
vatuabte 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: 419 -10 Number of Pages: 1
Signer(s) Other Than Named Above:
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
LIDO ISLE PAVEMENT REHABILITATION - PHASE II
CONTRACT NO. 4385
DESIGNATION OF SURETIES
Bidders name Ka )VWatC.#A) /7�
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):
��� ,
91(2-0
409 -I!iaa
Ccl �)
5S30 T O 4o" —T�V tNf3 z (4 92,6ZO C4664-'T)
ebb DAB- L' c�2 �4 -93� - 44. -lo
071E Pin 81410. wgj;r�, CA-U4 t- CI-OL6
14
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
LIDO ISLE PAVEMENT REHABILITATION - PHASE 11
CONTRACT NO. 4385
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL �.
Bidders Name �2-� �/ -� P4 .� Rte[^
Record Last Five (5) Full Years
Current Year of Record
The information required for these items is the same as required for columns 3 to 6, Code
10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102.
15
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2009
2008
2007
2006
2005
Total
2010
No. of contracts
'
I L 90
� Z"
� 14A
,r
� 4O
Total dollar
Amount of
Contracts (in
214f
21 l,l�t(
2S3�S�D
3S�48�0
�3�I
1 L
t it
t I Z
Thousands of $
No. of fatalities
s-
�+-
No. of lost
Workday Cases
40-
No. of lost
workday cases
involving
permanent
transfer to
er-
another job or
termination of
employment
The information required for these items is the same as required for columns 3 to 6, Code
10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102.
15
Legal Business Name of Bidder
Business Address:
Business Tel. No.:
State Contractor's License No. and
Classification: C�Z
Title U 16 E3Xlr
The above information was compiled from the records that are available to me at this
time and I declare under penalty of perjury that the information is true and accurate
within the limitations of those records.
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
If bidder is an individual, name and signature of individual must be provided, and, if he
is doing business under a fictitious name, the fictitious name must be set forth. 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 of fewer than all
of the partners /joint ventures if submitted 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 notarized signatures of the corporation President or Vice
President or President and Secretary or Assistant Secretary, and the corporate seal.
Signatures of partners, joint venturers, or corporation officers must be acknowledged
before a Notary Public, who must certify that such partners/joint venturers, or officers
are known to him or her to be such, and, in the case of a corporation, that such
corporation executed the instrument pursuant to its bylaws or a resolution of its Board
of Directors.
16
CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT
State of California
County of Riverside
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) Were subscribed to the within instrument
BRENDA L. ROYSTER and acknowledged to me that he4Whey executed the same in
Commission # 1700922 hieR their authorized cepacity(ies), and that by hW#w/their
u' Notary Public • California signature(s) on the instrument the person(s), or the entity upon behalf
Riverside County = of which the person(s) acted, executed the instrument.
tvty Comm. E>mires Od 26, 2010
I certify under PENALTY OF PERJURY under the laws of the State of
California that the forgoing paragraph is true and correct.
WITNESS my *ndyandd /official seal.
Signature
Place Notary Seal Abave 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 Contractor's Industrial Safety Record — City of Newport Beach
Document Date: April 19, 2010 Number of Pages: 2
Signer(s) Other Than Named Above: None
Capacity(ies) Claimed by Signer(s)
Signer's Name: Robert Bradley
❑ Individual
X Corporate Officer— Title(s): Vice President
❑ Partner — ❑ Limited o General
• Attorney in Fact
• Trustee
❑ Other:
Signer is Representing:
Top of Numb here
Signer's Name: Mark Luer
❑ Individual
X Corporate Officer — Title(s): Secretary
• Partner— o Limited ❑ General
• Attorney in Fact
Tap of Aumb hon
• Trustee
o Other:
Signer is Representing:
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
LIDO ISLE PAVEMENT REHABILITATION - PHASE II
CONTRACT NO. 4385
ACKNOWLEDGEMENT OF ADDENDA
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
17
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
LIDO ISLE PAVEMENT REHABILITATION - PHASE II
CONTRACT NO. 4385
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: �n
Name of individual Contractor, Company or Corporation:C�
Business
Telephone and Fax Number:
- ZI'V ,
California State Contractor's License No. and Class: '1F -1!07073 /47 0--12-
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 14 1- 7 1 Expiration Date: ( -31 -11,
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:
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
W�V61t -]
Telephone
- Q S( ?3fi )GCo
Mir I X90017-1 ®R, MW
a&;,,! 9=1 A"Al".WiLl -A
MEE
Corporation organized under the laws of the State of " A-u fb e-,ur R-
18
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
ub
All company, corporate, or fictitious business names used by any principal having
interest in this proposal are as follows:
kJ 14-
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: FrlA.—
Provide the names, addresses and telephone numbers of the parties;
N/¢
Briefly summarize the parties' claims and defenses;
IA-
Have you ever had a contract terminated by the owner /agency? If so, explain.
NO
Have you ever failed to complete a project? If so, explain. )1-y O
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 labo ompliance (i.e. failure to
pay prevailing wage, falsifying certified payrolls, etc.)? Yes
Ntf-
Are any claims or actions unresolved or outstanding? Yes PO
19
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Failure of the bidder to provide ALL requested information in a complete and accurafe
manner may be considered non - responsive.
t�Alw 6.13( sorrs
(Print name of Owner or President
of Corporation /Company)
Bidder Authorized Signaturerritle
V.
Title
W j�_' _
Notary Public,
who proved to me on the basis of satisfactory evidence to be the person(44 whose
name(*] is /ate subscribed to the within instrument and acknowledged to me that
he /sTP*l tay executed the same in his /NmMwir authorized capacity(Ajpp and that by
his /tofk oW signature(# on the instrument the person*,-or the entity upon behalf of
which the person*�-acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
V w A- IA-14 V % .
Notary Public in and for
My Commission Expires: to-24-10 -
0
BRENDA ROYSIER
Gommission # 1700909
22
< -.e Notary Public • California
Rlverside County '
W Comm, lD plrw0cl26, 2010
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
LIDO ISLE PAVEMENT REHABILITATION - PHASE II
CONTRACT NO. 4385
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the
"Notification of Award" to the successful bidder:
• CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
The City of Newport Beach will not permit a substitute format for these Contract
Documents. Bidders are advised to review their content with bonding, insuring and legal agents
prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance
Endorsement, and Automobile Liability Insurance Endorsement shall be provided as
required by the Contract documents and delivered to the Public Works Department within
ten (10) working days after the date shown on the Notification of Award to the successful
bidder.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an acceptable surety in
the latest revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be
substituted for any monies to be withheld to ensure performance under the Contract.
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be
provided as specified in the Standard Specifications for Public Works Construction, except as
modified by the Special Provisions. Certificates of Insurance and additional insured
endorsements shall be on the insurance company's forms, fully executed and delivered with the
Contract. The Notice to Proceed will not be issued until all contract documents have been
received and approved by the City.
21
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
LIDO ISLE PAVEMENT REHABILITATION - PHASE II
CONTRACT NO. 4385
CONTRACT
THIS AGREEMENT, entered into this day of , 2010, by and between the CITY OF
NEWPORT BEACH, hereinafter "City," and All American Asphalt, a California corporation,
hereinafter "Contractor," is made with reference to the following facts:
WHEREAS, City has advertised for bids for the following described public work:
LIDO ISLE PAVEMENT REHABILITATION - PHASE II
The work necessary for the completion of this contract consists of (1) distributing
construction notices to affected businesses and residents; (2) construction
surveying; (3) removing raise pavement markers; (4) removing existing pavement;
(5) removing existing sidewalk, curb, curb and gutter, cross gutter, driveway
approaches, local depressions and curb access ramps; (6) grinding (cold mill),
reconstructing and overlaying roadway; (7) constructing sidewalks, curb, curb and
gutter, cross gutter, driveway approaches, local depressions, curb access ramps; (8)
pruning trees and installing tree root barriers; (9) adjusting utility and survey
facilities; (10) installing traffic striping, pavement marks, curb painting, and raised
pavement marking; (11) coordinating with outside utility owners to have facilities
raised to grade and (12) other incidental items to be completed in work place
required by the Plans and Specifications.
WHEREAS, 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, City and Contractor agree as follows
A. 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 Bidders, Faithful Performance Bond,
Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard
Drawings, Plans and Special Provisions for Contract No. 4385, Standard Specifications
for Public Works Construction (current adopted edition and all supplements) and this
Agreement, and all modifications and amendments thereto (collectively the "Contract
Documents "). 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.
22
B. 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.
C. COMPENSATION 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 Five Hundred Seventy-Two Thousand,
Five Hundred Seventy-Two and 001100 Dollars ($572,572.00).
This compensation includes:
(1) Any loss or damage arising from the nature of the work,
(2) Any loss or damage arising from any unforeseen difficulties or obstructions in the
performance of the work,
(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, and which loss or expense occurs prior to acceptance
of the work by City.
D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before
making its final request for payment under the Contract Documents, Contractor shall
submit to City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in writing
and identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and the City expressly agree that in addition to all claims filing
requirements set forth in the Contract and Contract Documents, the Contractor shall be
required to file any claim the Contractor may have against the City in strict conformance
with the Tort Claims Act (Government Code 900 et seq.).
E. WRITTEN NOTICE Any written notice required to be given under the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of Contractor and to City, addressed as follows:
CITY
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Patrick Arciniega
(949) 644- 3347
CONTRACTOR
All American Asphalt
P.O. Box 2229
Corona, CA 92878
951 - 736 -7600
951 - 736 -7646 Fax
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 Agreement, a policy or policies of liability insurance of
the type and amounts described below and in a form satisfactory to City.
23
Certificates of Insurance. Contractor shall provide original certificates of insurance
with original endorsements to City as evidence of the insurance coverage required
herein. Insurance certificates must be approved by City's Risk Manager prior to
commencement of performance or issuance of any permit. Current certification of
insurance shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
City reserves the right to require complete, certified copies of all required insurance
policies at any time.
Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property, which may arise from
or in connection with the performance of the work hereunder by Contractor, his
agents, representatives, employees or subcontractors. The cost of such insurance
shall be included in Contractor's bid.
2. Signature. A person authorized by the insurer to bind coverage on its behalf shall
sign certification of all required policies.
3. 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.
4. Coverage Requirements
a. Workers' Compensation Coverage. Contractor shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his or her
employees 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 the laws of the State of California, Section 3700 for all of the
subcontractor's employees.
Any notice of cancellation or non - renewal of all Workers' Compensation policies
must be received by City at least thirty (30) calendar days (10 calendar days written
notice of non - payment of premium) prior to such change. The insurer shall agree to
waive all rights of subrogation against City, its officers, agents, employees and
volunteers for losses arising from work performed by Contractor for City.
b. General Liability Coverage. Contractor shall maintain commercial general liability
insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage, including without
limitation, contractual liability. If commercial general liability insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Agreement, or the general
aggregate limit shall be at least twice the required occurrence limit.
c. Automobile Liability Coverage. Contractor shall maintain automobile insurance
covering bodily injury and property damage for all activities of the Contractor arising
out of or in connection with work to be performed under this Agreement, including
24
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 occurrence.
5. Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to and approved by City.
At the option of City, either: the insurer shall reduce or eliminate such deductibles or
self- insured retentions as respects City, its officers, officials, employees and
volunteers; or Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
6. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
a) General Liability and Automobile Liability Coverages
City, its elected or appointed officers, agents, officials, employees, and
volunteers are to be covered as additional insureds as respects: liability
arising out of activities performed by or on behalf of Contractor, including the
insured's general supervision of Contractor; products and completed
operations of Contractor; premises owned, occupied or used by Contractor;
or automobiles owned, leased, hired or borrowed by Contractor. The
coverage shall contain no special limitations on the scope of protection
afforded to City, its elected or appointed officers, officials, employees, agents
or volunteers.
ii. Contractor's insurance coverage shall be primary insurance and /or primary
source of recovery as respects City, its elected or appointed officers, agents,
officials, employees and volunteers as respects to all claims, losses, or
liability arising directly or indirectly from the Contractor's operations or
services provided to the City. Any insurance or self- insurance maintained by
City, its officers, officials, employees and volunteers shall be excess of the
Contractor's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to City, its officers, agents, officials, employees and
volunteers.
iv. Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
v. The insurance afforded by the policy for contractual liability shall include
liability assumed by contractor under the indemnification /hold harmless
provision contained in this Contract.
vi. The insurer shall agree to waive all rights of subrogation against City, its
elected or appointed officers, agents, officials, employees and volunteers for
losses arising from work performed by Contractor for City.
b) All Coverages
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled, rescinded by either party,
25
reduced in coverage or in limits except after thirty (30) days' prior written notice
by certified mail, return receipt requested, has been given to City.
Timely Notice of Claims — Contractor shall give City prompt and timely notice of
any claim made or suit instituted arising out of or resulting from Contractor's
performance under this agreement.
All of the executed documents referenced in this contract must be returned
within ten (10) working days after the date on the "Notification of Award," so that
the City may review and approve all insurance and bonds documentation.
7. Acts of God
Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for
the repairing and restoring damage to Work, when damage is determined to have
been proximately caused by an Act of God, in excess of 5 percent of the Contract
amount provided that the Work damaged is built in accordance with the plans and
specifications.
8. Right to Stop Work for Non - Compliance
City shall have the right to direct the Contractor to stop work under this Agreement
and/or withhold any payment(s), which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements of this article.
G. RESPONSIBILITY FOR DAMAGES OR INJURY
City and all officers, employees and representatives thereof shall not be responsible in
any manner: for any loss or damages that may happen to the Work or any part
thereof; for any loss or damage to any of the materials or other things used or
employed in performing the Work, for injury to or death of any person either workers or
the public; or for damage to property from any cause arising from the construction of
the work by Contractor, or its subcontractors, or its workers, or anyone employed by it.
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 the Contractor.
3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees
from and against (1) any and all loss, damages, liability, claims, allegations of liability,
suits, costs and expenses for damages of any nature whatsoever, including, but not
limited to, bodily injury, death, personal injury, property damages, or any other claims
arising from any and all acts or omissions of Contractor, its employees, agents or
subcontractors in the performance of services or work conducted or performed
pursuant to this Contract; (2) use of improper materials in construction of the Work; or,
(3) any and all claims asserted by Contractor's subcontractors or suppliers on the
project, and shall include reasonable attorneys' fees and all other costs incurred in
defending any such claim. Contractor shall not be required to indemnify City from the
active negligence or willful misconduct of City, its officers or employees.
4. 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.
26
5. Nothing in this article, nor 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 in G.3, above.
6. The rights and obligations set forth in this Article shall survive the termination of this
Contract.
H. 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.
I. CONFLICT If there is a conflict between provisions of this Contract and any other
Contract Document, the provisions of this Contract shall prevail.
WAIVER A waiver by City or any tern, 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.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day
and year first written above.
ATTEST:
CITY
APPROVED AS TO FORM:
Y� F
ynet e . Beauc np
Assist t City Att r y
CITY OF NEWPORT BEACH
A Municipal Corporation
AMERICAN ASPHALT
By:
(Corporate O ic►er)) `
Title: �f F
Print Name:
By:
(Financial Officer)
Title: 9fY'1P /T� rte/ f ,�(f
Print Name: K1.%.
Please note: Corporations must complete and sign both places above
even if each office is held by the same individual
27
CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT
State of California
County of Riverside
On May 14, 2010 before me, Brenda L. Rooster, Notary Public
Data Here (hearl name and TNa of the Officer
personally appeared Robert Bradley and Mark Luer
Name($) of Signer(.)
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) Ware subscribed to the within instrument
BRENDA L, ROYSTER and acknowledged to me that he4helthey executed the same in
Commission # 1700922 hisAedtheir authorized capacity(ies), and that by hisA wttheir
-a; Notary Public - California n signature(s) on the instrument the person(s), or the entity upon behalf
Riverside County of which the person(s) acted, executed the instrument.
J MyCamf.EVIresOc126.2070 +
I certify under PENALTY OF PERJURY under the laws of the State of
California that the forgoing paragraph is true and correct.
WITNESS my nd and offci sea
Signature
Pime Notary Seal Above Signature & Nalary PuNic
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 force to another document.
Description of Attached Document
Title or Type of Document Contract — City of Newport Beach
Document Date: May 14, 2010 Number of Pages: 6
Signer( &) Other Than Named Above: None
Capacity(ies) Claimed by Signer(s)
Signer's Name: Robert Bradley
o Individual
X Corporate Officer — Title(s): Vice President
o Partner— u Limited o General
a Attorney in Fact
o Trustee
o Other:
Top of thumb here
Signers Name: Mark Luer
❑ Individual
X Corporate Officer — Title(s): Secretary
• Partner— o Limited ❑ General
• Attorney in Fact
Top of Numb har
• Trustee
o Other:
Signer is Representing: I I Signer is Representing:
PR 1 OF 5
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
LIDO ISLE STREET REHABILITATION
PHASE II
CONTRACT NO. 4385
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard, P. O. Box 1768
Newport Beach, California 92663 -8915
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby
proposes to furnish all materials except that material supplied by the City and shall perform
all work required to complete Contract No. 4385 in accord with the Plans and Special
Provisions, and will take in full payment therefore the following unit prices for the work,
complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Mob izatior 0U�I WKL
Tw st
@�evul Dollars
Ley and
Cents $ I 97?.40
Lump Sum
2. Lump Sum Traffic Control fwv�
T47.rvi'v(`rwe
@_t5uvdrr,d Ut"Av Me &- Dollars
and
Cents $ v)99 -06
Lump Sum I
3. Lump Sum Surveying Services
@ sl )Ci Qvnu 56wtCt Dollars
and
Cents $ 4010d.'"
Lump Sum
PR2of5
4. 860 L.F. Remove and Construct P.C.C. Type A
Curb and Gutter (W =18 ")
@Twy2 RIA Dollars
and
Cents $ Ato $ �o
Per Linear Foot
5. 200 L.F. Remove and Construct P.C.C. Type B
Curb
@ Twykjljo Dollars
7t and
U/'o Cents $ &LIO
Per Linear Foot
4,000 L.F. Remove and Construct P.C.C. Rolled
Curb and Gutter
@ r/ Dollars
7 and
Cents $ 3 O, as $ 1090 &0W 4D
Per Linear Foot
7. 1,350 S.F. Remove and Construct 8" Thick
P.C.C. Cross Gutter and/or Spandrel
Q l or'TPgn Dollars
and
Cents
$13 88
$ 12 na, d
Per Square Foot
8. 1,400 S.F. Remove and Construct V Thick P.C.0
Sidewalk
Colored Concrete Chromix Adobe Tan
No. C -21 (L.M. Scofield Co.)
Etg,�n
@ Dollars
ZIVO and
Cents
$ 44 to
$ �
Per Square Foot
9, 215,000 S.F. Cold Mill Variable Depth (0.17' to
to 0.25')
(a &,r'° Dollars
and
u) Cents
$ y3
Per Square Foot
10.
11
12.
13.
14.
15.
16.
PR3of5
43,770 S.F. Cold Mill Variable Depth (0.01' to
to 0.33'
@ 7.er0 Dollars
and
_ wt ►. Cents $o a0 $ g s • a d
Per Square Fo t
3,300 TON Construct AC Cap
@ tK t K Dollars
and
zee Cents $ 00
Per Ton
8 EA. Replace Existing Water Valve Box
Frame and Cover and Adjust to Grade
@�tu�lrNz r^ Dollars
Cents $ ap, 00 $ ? (Ind .00
Per Each
28 EA, Adjust Manhole Frame and
Cover to Grade
@ fi -mAu" 76— t'rt/�vUollars
and
Cents $ 525".-dD $ /y_ 7e8 at%
Per Each
28 EA. Replace Existing Sewer Main Cleanout
Frame and Cover and Adjust to Grade
@]UJ/dMtitai�G Dollars
Z�
an s 700-06 $ 19. W0.
Per Each
1 EA. Remove and Replace Electrical Pull Box
To New Location anc dj st to Grade
0�,'(kot�ca.�Q Fa31d- rtivl
@j Dollars
and
7ayo Cents $ Od $ / MO. ao
Per Each r-
12 EA. Adjust Water Meter Box and
Coy , to Grade,
@ 4 Dollars
�
/ and
4t_b Cents $ .20D<0b $
Per Each
PR4of5
17. 8 EA. Adjust Survey Monument Frame
and Cover to Grade
o� 6�Dollars
and
2:r
Per Each Cents $ Q Q $
18. 3 EA. Remove and Construct P.C.C.
Access R p
Two Tw o
Dollars
and
Per Each Cents $ IQOO Db $ tip 00
19. 130 S.F. Remove and Construct P.C.C.
Driveway Approach
@ Dollars
N p and
Cents $ $,00 $�Q�
Per Square Foot
20. 20 EA. Retnoov an R i Curb Drain
e° Dollars
and
P Cents $ ZO. OQ $
21. 190 L.F. Prune Tree Root and Install Root Barrier
Dollars
�D and
Cents $ $ oo
Per Linear Foot
22. 1 EA. Replace Existing Pull Box
Frame a d C ve�and Adjust to Grade
Two e
@o P Dollars
and
Per Eac Cents $ 00 $ SQO
23, Lump Sum. Traffic St " ing
@ _Dollars
and
Lump Sum Cents $ 7
FIR 5of5
24. 17 EA. Adjust Telephone Manhole Frame and
Cover to Grade
@ Dollars
and
Z -D Cents $ $ 1 01� SD Od
Per Each
25. Lump Sum Record Drawing // As Built Plans
@ ¢ytrJu� L� Dollars
2% - and
�(/`D Cents
Lump Sum
TOTAL PROJECT
TOTAL PRICE IN WRITTEN WORDS
and
$ 11500, OD
$ s70? 5 -707. Do
Total Vrice
(Figures)
The award of the contact, if made, will be to the lowest responsible bidder as
determined solely by the City using the total price bid for items.
Date
Rst -)3(P )io00 I Qs1-73(6 -76��
Bidder's Telephone & Fax Numbers
+;47 o? 3 6( C -1 Z
Bidder's License No(s).
and Classification(s)
Bidder's Address
See Section 500 -1.1.2
For Required Bid Submittals
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
LIDO ISLE PAVEMENT REHABILITATION - PHASE It
CONTRACT NO. 4385
BOND NO. 7615401 Executed in Four (4) Parts
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 2,433.00
being at the rate of $ 4.25 thousand of the Contract price_
Premium subject to adjustment upon completion
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to All American Asphalt, hereinafter designated as the 'Principal', a contract
for construction of LIDO ISLE PAVEMENT REHABILITATION - PHASE 11, Contract No. 4385 in
the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other
Contract Documents maintained in the Public Works Department of the City of Newport Beach, all
of which are Incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute Contract No. 4385 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 Five Hundred Seventy -Two Thousand, Five Hundred Seventy -Two and
001100 Dollars ($572,572.00) lawful money of the United States of America, said sum being
equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach,
its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our
heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these
present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's
heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep
and perform any or all the work, covenants, conditions, and agreements in the Contract
Documents and any alteration thereof made as therein provided on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to its true
intent and meaning, or falls 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.
R
As a part of the obligation secured hereby, and in addition to the face amount specified in
this Performance Bond, there shall be included costs and reasonable expenses and fees,
including reasonable attorneys fees, incurred by the City, only in the event the City is required to
bring an action in law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the work to be performed thereunder or
to the specifications accompanying the same shall In any way affect its obligations on this Bond,
and it does hereby waive notice of any such change, extension of time, alterations or additions of
the Contract or to the work or to the Specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal in full
force and effect for one (1) year following the date of formal acceptance of the Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed that the
death of any such Principal shall not exonerate the Surety from its obligations under this Bond.
IN WITNESS WHEREOF, this Instrument has been duly executed by the Principal and
Surety above named, on the 13th day of May 2010.
All American Asphalt (P ' cipal)
Fidelity and Deposit Company of Maryiand
Name of Surety
801 No. Brand Blvd,
Glendale, CA. 91203
Address of Surety
Surety: 818 -409 -2800 Agent: 949-679- 116
Telephone
AutKorized SignaturerTtle
Rebecca Haas - Bates, Attorney- in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS of CONTRACTOR AND SURETY MUST BE
ATTACHED
29
ACKNOWLEDGMENT
YYYYY YYYYYY•YYY. "I YYRYYY YYYYYYYYYYYYYYYYYYYYYYYYYYf YYYYY.YYYYYYYY \YYYY AY \A�YY,
State of California
County of ) Ss.
On before me,
Public, personally appeared
Notary
proved to me on the basis of satisfactory evidence to be the parson(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same In hisRler /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.
See Attached Surety Acknowledgment
Signature
(seeq
IIYYYYYYYYY�Y ■YYYYYYYYIIYYYeY YYYYYY•YYYYY YYRY YYYYYY•YYYYYY.YYYYYYY YYY••YYYYYYYY�,
OPTIONAL INFORMATION
Data of Document
Type or Title of Document
Number of Pages In Document
Document In a Foreign Language
Type of Satisfactory Evidence:
Personalty Known with Paper identification
Paper Identification
_Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO I CFO ICOO
President I Vice- President I Secretary I Treasurer
Other:
Other Information:
30
Thumbprint of Signer
[] Check here if
no tlwmbprinl
or Mgarprint
is available.
ACKNOWLEDGMENT
State of Calif} is
County of t vets P65, } ss.
On ZotO before me, � L. �v Notary
Public, personally appeared lL 0 B0LE
who
proved to me on the basis of satisfactory evidence to be the person hose name(teHs/arj5-
subscribed to the within instrument and acknowledged to me that hels Qahey executed the
same in his /hVAMIr authorized capacity(iiM), and that by his /HoOtOvir signatures(?}} -on the
Instrument the person(,*or the entity upon behalf of which the person(* acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that this
foregoing paragraph is true and correct.
WITNESS my hand and official seal. BRENDA L. ROYSTER
Commission # 1700922
-o Notary Public - California
Riverside County -
MyCartsn. FipUes Oc126, 2030
Signature
(seal)
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
OPTIONAL INFORMATION
j1�1�?i t 2.o(O
�R1Th� >�r� t�xsND
14
Type of Satisfactory Evidence:
Personally Known with Paper Identification
_� Paper Identification
,,,Credible Witness(es)
Capacity of Signer:
Trustee
_ Power of Attorney
CEOICFOICOO
President?GgWraild—e'nD Secretary I Treasurer
Other:
Other Information:
31
Thumbprint of Signer
rj Check here if
rro thumbpent
or fingerprint
is available.
State of California
County of Orange
On 5 -13 -10 before rite Barbara J. Bender, Notary Public
ante Hare evert Name 2i Tnle 01 the Ot Al
personally appeared Rebecca Haas -Bates
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(e) islam subscribed to the
within instrument and acknowledged to me that
4WshaM" executed the same in "afher/Nteir authorized
capadty(ies), and that by hkAerA *4 signature(s} on the
instrument the person ft or the entity upon behalf of
which the person(s} acted, executed the instrument.
• BARBARA J. BENDER I certify under PENALTY OF PERJURY under the laws
Commission # 1801899
Notary Public - California of the State of California that the foregoing paragraph is
Orange County true and co=nclAicialzealAv
My Comm. Expires Jul 13, 2072 WITNESS
ft�Kotanswinbm Signature
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Performance Bond No. 7615401
Document Date: 5-13 -10
Signer(s) Other Than Named Above: All American
Capacity(ies) Claimed by Signer(s)
Signer's Name:
0 Individual
Cl
0
J
Rebecca Haas -Bates
Corporate Officer — Tiffe(s):
Partner —Q Limited ❑ General
Attorney in Fact
Trustee
�. Guardian or Conservator
Other:
Signer Is Representing:
Fidelity and Deposit Company of Maryland
rtcrr r� ira¢aamr
Oh' SYatiEn
Number of Pages: Four (4)
Signer's Name:
• Individual
• Corporate Officer — Tide(s): _
• Partner — O Limited C General
_! Attorney in Fact
C Trustee
*. Guardian or Conservator
❑ Other:
Signer Is Representing:
rgGtn TiA�JRiFRRNl7,
OF swtrrH
`.r <�r < <:..<:.,.<:e�w::. <�.,; �- :. •+':'vK�«q.•a. �. :. „«_,tiv., :,<L =a;. ...... n. ry+.,y <yr.� n.<:ss
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
LIDO IALE PAVEMENT REHABILITATION . PHASE 11
CONTRACT NO. 438
BOND NO, 7615401 Executed in Four (4) Parts
Premium charge included in Performance Bond
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to All American Asphalt, hereinafter designated as the "Principal," a
contract for construction of LIDO ISLE PAVEMENT REHABILITATION - PHASE II, Contract No.
4385 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and
other Contract Documents in the office of the Public Works Department of the City of Newport
Beach, all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or Is about to execute Contract No. 4385 and the
terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's
subcontractors, shall fall 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 firmly bound unto the City of Newport Beach, in the sum of Five Hundred Seventy-Two
Thousand, Five Hundred Seventy -Two and 007100 Dollars ($572,572,00) lawful money of the
United States of America, sold sum being equal to 100% of the estimated amount payable by the
City of Newport Beach under the terns 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 1S SUCH, that If the Principal or the Principal's
subcontractors, fail to pay for any materials, provisions, or other supplies, implements or
machinery used in, upon, for, or about the performance of the work contracted to be done, or for
any other work or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Code with respect to such work or labor, or for any amounts required to be deducted,
withheld and paid over to the Employment Development Department from the wages of
employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment
Insurance Code with respect to such work and labor, then the Surety will pay for the same, In an
amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorney's fee, to be fired by the Court as required by
the provisions of Section 3250 of the Civil Code of the State of California.
32
The Bond shall inure to the benefit of any and all persons, companies, and corporations
entitled to file Claims under Section 3181 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 3247 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 or the specifications accompanying the same 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 13th day of Mav , 2010.
z of -F a� i V,
All American Asphalt (Principal)
Fidelity and Deposit Company of Maryland
Name of Surety
801 No. Brand Blvd
Glendale, CA. 91203
Address of Surety
Surety: 818 -409 -2800 Agent; 949 -679 -7116
Telephone
Rebecca Haas - Bates, Attorney -in -Fad
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
5M
ACKNOWLEDGMENT
11RRRR. . balm RRRRRROIIRRR•RoRRRRRRRRR\R RRRRRY.O11RRRRRRR Oman RRRR*am, " RRRRRR RR RR.R a,
State of California
County of
SS.
On before me,
Public, personally appeared
Notary
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(les), and that by hislher /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.
See Attached Surety Acknowledgment
Signature
(seal)
R \R \RRR1111R RIIORR RRRRR OMOORRRR RR RnRRRRRRaRRRRRRRRR RIRR RRRRYYRRRR RRRRRRRRRRRR.R OR,
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 Witnese(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO / CFO /COO
President I Vice - President f Secretary / Treasurer
Other:
Other Information:
34
Thumbprint of Signer
Check here K
no thumbprint
ar fingerprint
is available.
ACKNOWLEDGMENT
•Nw NOR YYYYYYNYN N *no YYYYNY OI1pNYYYNYYYYYYYYY YFNNY• •YNNNYNNNYNNNNNNNYNNNNNYNYNNYIA
State of Califorrgijtia
County of ICC LD6 ) Ss. %�
on �LL /C{ 2010 before me, � &SWt , Notary
Public, persona My appeared p
Nt n
proved to me on the basis of satisfactory evidence to be the person(A) -"ose name(%-)-is/s4e-
subscribed to the within instrument and acknowledged to me that he/she#heq executed the
same In his/hwAkair authorized capacity(iii t and that by his /hv;#k*r signatures(4 -on the
instrument the person(}; or the entity upon behalf of which the person(,})-acted, executed the
Instrument.
I certify under PENALTY of PERJURY under the laws of the State of California that the
foregoing paragraph Is true and correct.
WITNESS my hand and official seal. BRENDA L. RoysrER
Commission # 1700922
.,� Notary Public - California
d= Riverside County '-
J WCamm.E)q*esOM26, 2070
7^ -
Signature
(seat)
•NN NNNNY NbNb YNYY1IYNN YNNYYNYY\ YNNNNII AIY IANIINNIIYYMNNY •NNNNNNNNNNNNNNNNNNNN.NN YN.AAA
Date of Document
Type or Title of Document
Number of Pages in Document
Document In a Foreign Language
OPTIONAL INFORPAA77ON
Og Zb 10 Thumbprint of Signer
CMSo�. d a�ff,acs P,atr �—�
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO /CFO
President ice- President becretary /Treasurer
Other:
Other
35
0 Check here If
no thumbprint
cr fingerprint
is available.
r 14 1 it
i ✓j / ?..3.3:'Y+>�i>'::jiCA:4. ) 3� <j$!.j ".Y y ($:!T..�aS. -.u:.L .i..Y. ...... .:'v... .'1«,+.5 >: '..'- S� ?v�C.a'NTiS.T5.0 :7NaY�.: > ✓:nC�.'�?
State of California
County of Orange
On 5 -13 -10 before me, Barbara J. Bender, Notary Public
peps Hem Ins8a Ne a and TMa of the 0a 1
personally appeared Rebecca Haas -Bates
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
fro /she"ey executed the same in *Whedtheir authorized
capacity(iee), and that by Nis/herAheir signature(s} on the
instrument the person(ft or the entity upon behalf of
which the person(s} acted, executed the instrument.
BARBARA J. BENDER I certify under PENALTY OF PERJURY under the laws
Commission # 1801899
Notary Public - California of the State of California that the foregoing paragraph is
.'+
Orange County true and correct
My Comm. Expires Jul 13, 2012
WITNESS m d and ici4OPubk
Place Notary Seal Above Signature 9^a
OPTIONAL
Though the information below is not required by law, k may prove valuable to persons retying 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: Payment Bond No. 7615401
Document Date: 5 -13 -10
Signer(s) Other Than Named Above: All American Asphalt
Capacity(les) Claimed by Signer(s)
Signer's Name: Rebecca Haas -Bales
❑ Individual
Corporate Officer—Title(s): —
C, Partner —❑ Limited 0 General
p Attorney in Fact
=i Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Fidelity and Deposit Company of Maryland
7 nli. i11 RIMeP.MW
p1M
Lon
Number of Pages: Four
Signer's Name:
Cl Individual
❑ Corporate Officer — Title(s): _
❑ Partner — ❑ Limited ❑ General
'rl Attorney in Fact
❑ Trustee
Guardian or Conservator
❑ Other:
Signer Is Representing:
n'GHTTHUMBPnNrr
GF S'X;WA
F
:�e;.y ..,..� <� ^xe:o <:e•.;N�.v De us4 es`.......;�,
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant
Secretary, in pursuance of authority granted by Article V1, Section 2, of the By -Laws of said y, which are set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate,
constitute and appoint William SYRKIN, Rebecca HAAS -BATES an 1 f Irvine, California,
EACH its true and lawful agent and Attomey -in -Fact, to in e 'v behalf as surety, and
as its act and deed: any and all bonds and unde ect ' r or undertakings in pursuance of
these presents, shall be as binding upon ' I d [ l ents and purposes, as if they had been
duly executed and acknowled y ele ompany at its office in Baltimore, Md., in their
own proper persons er at on behalf of William SYRKIN, Rebecca HAAS- BATES,
Sergio D. BEC d ed April 8, 2008.
The said Assistant by certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By- s said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 25th day of
September, A.D. 2009.
'�o o[roa,�
#r"ro'O. n
0
4 a
State of Maryland
City of Baltimore f
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Gregory E. Murray Assistant Secretary
By: J
William J. Mills Vice President
On this 25th day of September, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary
of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fast above
written.
POA—F 012.0033
oU111Mq,,
Qt!.�Gi lGffi
„ 11111"',
Maria D. Adamski Notary Public
My Commission Expires: July 8, 2011
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attomeys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,... and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of 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
the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized
by the Board of Directors to appoint any Attorney-in -Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
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 FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 1 Otb 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 seal of the said Company,
this 13TH day of MAY 1 2010
.4t
__/.
VVV
Assistant Secretary
ACORD- CERTIFICATE OF LIABILITY INSURANCE °05/`3/10""""
OSE MMMO
PRODUCER LIC #OB29370 1- 925 - 244 -7700 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Edgewood Partners Insurance Centers (EPxC) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
[Orange Branch) HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 5003 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Ramon, CA 94583
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
1 SR
EPICcerta ®edged diss.com
SURANCE
INSURERS AFFORDING COVERAGE
POLICYEFFECTIE
DAT E(MMMINM
NAIC#
INSURED
A
INSURERA:ARCH SPECIALTY INS CO
GENERAL
21199
All American Asphalt
08101109
08/01/11
EACHOCCURRENCE
$1,000,000
INSURERS: HARTFORD FIRE IN CO
COMMERCIALGENERALLIABILTTY
19682
P. O. Box 2229
INSURERC: INSVRANCE CO OF THE STATE OP PA
$100,000
19429
Corona, CA 92878
INSURER D: SEABRIGBT INS CO
15563
CLAIMS MADE Q OCCUR
INSURERE:
MED EXPAnone person)
COVERAGFR
PERSONAL 6ADV INJURY
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
1 SR
ADD'L
SURANCE
POLICYNUMSER
POLICYEFFECTIE
DAT E(MMMINM
POLICYEXPIRATION
DATEIMMMOMI
LIMITS
A
GENERAL
LIABILITY
GPP002265801
08101109
08/01/11
EACHOCCURRENCE
$1,000,000
X
COMMERCIALGENERALLIABILTTY
PREMISES Eaowxance
$100,000
CLAIMS MADE Q OCCUR
MED EXPAnone person)
$
PERSONAL 6ADV INJURY
$ 1,000.000
GENERALAGGREGATE
$ 2.000,000
AGGREGATE
LIMIT APPLIES PER
PRODUCTS.COMP/OPAGG
$2.000,000
GEN'L
POLICY
X PRO- LOC
B
AUTOMDBILELL98NTY
X
ANY AUTO
72UENGK5491
08/01/09
08/01/10
COMBINED SINGLE LIMIT
(Ea accident)
$1,000,000
BO
(Per persoromon) )
$
ALLOWNEDAUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident)
q
X
X
HIREDAUTOS
NOKDWNEDAVTOS
PROPERTY DAMAGE
(Peraccident)
$
GARAGE LIABILITY
AUTO ONLY - EAACCIDENT
It
OTHERTHAN FA ACC
S
ANY AUTO
$
AUTOONLY: A00
C
EXCESSLIMBRELLA
L1A51101Y
7517073
08101109
08101/10
EACH OCCURRENCE
$10,000,000
X1
OCCUR CLAMS MADE
AGGREGATE
$10,000,000
$
DEDUCTIBLE
$
X
RETENTION $ 10,000
D
WORKERS COMPENSATION AND
BB1090243
08/01/09
08/01/10
X WCSTATU- OTH-
EMPLOYERTIUA811JTY
ANY PROPRIETOWPARTNERIEXECUTIVE
E.L. EACH ACCIDENT
$1,000,000
E.L. DISEASE -EA EMPLOYEE
$1,000,000
OFFICERIMEMBEREXCLUDED'+
Ayyees.IN -PRe ISIO
SPECIALPRONSIGNS below
E.L.OISEASE- POLICY LIMIT
$1,000,000
OTHER
OF3CMMM OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS
Contract #4385 / RE: Lido Isle Pavement Rehabilitation - Phase 1I
of Newport Beach
Box 1768
Beach, CA 92658 -8915
USA
SHOYLD ANY OF THEABGW DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATWN
DATE THEREOF, THE ISSUING INSURER WILL OW61WAW49 MAIL 30 DAYS WRRTPN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
SUPPLEMENT TO CERTIFICATE OF INSURANCE
DATE
p5/03/10
NAME OF INSURED: All American Asphalt
Addifional Description of OperationslRemarks fmm Page 1:
Additional Information:
GENERAL / AUTOMOBILE LIABILITY: Certificate Holder is named additional insured
if required by written contract
•WORKERS COMPENSATION DOES NOT APPLY TO MONOPOLISTIC STATES
SUPP (05104)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
c]A_l� I:1 �1r_ 1�7�71iLeIiL' 1 >ll�F3�I:��!I�iI�I�li��= fPi[�ili
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
COMMERCIAL GENERAL LIABILITY SELF - INSURED RETENTION COVERAGE FORM
SECTION II — WHO IS INSURED is amended to include as an additional insured those persons or
organizations who are required under a written contract with you to be named as an additional insured,
but only with respect to liability for "bodily injury', "property damage ", or "personal and advertising injury'
caused, in whole or in part, by your acts or omissions or the acts or omissions of your subcontractors:
A. In the performance of your ongoing operations or "your work ", including "your work" that has
been completed; or
B. In connection with premises owned by or rented to you.
As used in this endorsement, the words "you" and "your" refer to the Named Insured.
All other terms and conditions of this Policy remain unchanged.
Schedule
City of Newport Beach, its elected or appointed officers,
agents, officials, employees, and volunteers
Endorsement Number:
Project
Contract #4385 / RE: Lido Isle Pavement
Rehabilitation - Phase II
This endorsement is effective on the inception date of this policy unless otherwise stated herein
(The information below is required only when this endorsement is issued subsequent to the preparation
of the policy.)
Policy Number: GPP002265801
Named Insured: All American Asphalt
Endorsement Effective Date: 8/1109
00 CGL0006 00 05 07
Page 1 of 1
2021
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OTHER INSURANCE — BROAD FORM, CGL POLICY ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
COMMERCIAL GENERAL LIABILITY SELF - INSURED RETENTION COVERAGE FORM
Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the following paragraph is added
to Condition 4. Other Insurance:
Where the Named Insured is required by a written contract to provide insurance that is primary and
noncontributory, and the written contract so requiring is executed by the Named Insured before any
"occurrence" or offense, this insurance will be primary, but only if and to the extent required by that
written contract.
All other terms and conditions of this Policy remain unchanged.
Schedule
City of Newport Beach, its elected or appointed officers,
agents, officials, employees, and volunteers
Endorsement Number:
Project
Contract #43851 RE: Lido Isle Pavement
Rehabilitation - Phase II
This endorsement is effective on the inception date of this policy unless otherwise stated herein
(The information below is required only when this endorsement is issued subsequent to the preparation
of the policy.)
Policy Number. GPP002265801
Named Insured: All American Asphalt
Endorsement Effective Date: 811109
00 CGL0130 00 09 06 Paget of
2021
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF SUBROGATION ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
COMMERCIAL GENERAL LIABILITY SELF- INSURED RETENTION COVERAGE FORM
Schedule Project
City of Newport Beach, its elected or appointed officers, Contract #43851 RE: Lido Isle Pavement
agents, officials, employees, and volunteers Rehabilitation - Phase II
Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 8. Transfer Of Rights of
Recovery Against Others to Us is amended by the addition of the following provision:
We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above
because of payments we make for injury or damage arising out of your operations or "your work" done under a
written contract with that person or organization.
All other terms and conditions of this Policy remain unchanged.
Endorsement Number:
This endorsement is effective on the inception date of this policy unless otherwise stated herein.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Policy Number: GPP002265801
Named Insured: All American Asphalt
Endorsement Effective Date: 06!01109
00 CGLO121 00 09 06 Includes Copyright Material from Insurance Services Office, Inc. Page 1 of 1
2021
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 0:
(Ed. 4 -84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from US.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the
work described in the Schedule.
The additional premium for this endorsement shall be ;% of the California workers' compensation premium
otherwise due on such remuneration.
Schedule
Person or Organization Job Description
City of Newport Beach, its elected or appointed officers, Contract 94385 / RE: Lido Isle Pavement
agents, officials, employees, and volunteers Rehabilitation - Phase II
WHERE YOU ARE REQUIRED BY WRITTEN CONTRACT TO
OBTAIN THIS AGREEMENT FROM US, PROVIDED THE
CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF
LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE
SHALL THE PROVISIONS AFFORDED BY THIS
ENDORSEMENT BENEFIT ANY COMPANY OPERATING
AIRCRAFT FOR HIRE.
* The premium charge for this endorsement shall be 2% of the premium developed in the State of California, but not
less than $500 policy minimum premium.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The Information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 811/09 Policy No. BB1090243 Endorsement No. 12
Insured All American Asphalt Policy Effective Date 811109
Insurance Company Seabright Insurance Company
Countersigned By /
WC 04 03 06
(Ed. 484)
01998 by the Workers' Compensation Insurance Rating Bureau of Cal Hernia All rights reserved.
2021
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 05120/2010
Date Completed:
Dept. /Contact Received From: Shari Rooks
05/21/2010 Sent lo:
Company /Person required to have certificate:
Shari Rooks
By: Michelle Ross
All American
GENERAL LIABILITY
A. INSURANCE COMPANY: Arch Specialliy Insurance Co.
B.
C.
AM BEST RATING (A-: VII or greater): "A "(XV)
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
D. LIMITS (Must be $1M or greater): What is limit provided?
E. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers)
F. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
H. CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence' wording?
❑ Yes ® No
$1,000,000 plus
$10,000,000 Umbrella
® Yes ❑ No
® Yes ❑ No
❑ Yes ® No
NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
11. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: Hartford Fire Insurance Co.
B. AM BEST RATING (A-: VII or greater) "A "(XV)
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min
for Waste Haulers): $1,000,000 plus
What is limits provided? $10,000,000 Umbrella
E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only): n/a
Is it included? ❑ Yes ❑ No
NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
III. WORKERS' COMPENSATION
A. INSURANCE COMPANY: SeaBright Insurance Co.
B. AM BEST RATING (A-: VII or greater): "A - "((X)
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
lffl�AAK ,00,ns Rag 21, 2010
Agent of Brown & Brown Dale
Broker of record for the City of Newport Beach
❑ Requires approval /exception /waiver by Risk Management B &B initials
Comments:
Approved:
Risk Management
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
LIDO ISLE STREET REHABILITATION
PHASE II
CONTRACT NO. 4358
INTRODUCTION
PART 1 - -- GENERAL PROVISIONS
SECTION 2
SCOPE AND CONTROL OF THE WORK
1
2 -5
PLANS AND SPECIFICATIONS
1
2 -5.1
General
1
2 -6
WORK TO BE DONE
1
2 -9
SURVEYING
2
2 -93
Survey Service
2
2 -9.6
Survey Monuments
2
SECTION 3
CHANGES IN WORK
2
3 -3
EXTRA WORK
2
3 -3.2
Payment
2
3 -3.23
Markup
2
SECTION 4
CONTROL OF MATERIALS
3
4 -1
MATERIALS AND WORKMANSHIP
3
4 -1.3
Inspection Requirements
3
4 -1.3.4
Inspection and Testing
3
SECTION 5
UTILITIES
3
5 -1
LOCATION
3
5 -2
PROTECTION
3
5 -7
ADJUSTMENTS TO GRADE
3
5-8
SALVAGED MATERIALS
4
SECTION 6
PROSECUTION, PROGRESS AND ACCEPTANCE
7 -7
OF THE WORK 4
6 -1
CONSTRUCTION SCHEDULE AND
7 -8.4
COMMENCEMENT OF WORK 4
6 -7
TIME OF COMPLETION 4
6 -7.1
General 4
6 -7.2
Working Day 5
6 -7.4
Working Hours 5
6 -9
LIQUIDATED DAMAGES 5
6 -11 SEQUENCE OF CONSTRUCTION
6
SECTION 7
RESPONSIBILITIES OF THE CONTRACTOR 6
7 -7
COOPERATION AND COLLATERAL WORK 6
7 -8
PROJECT SITE MAINTENANCE 7
7 -8.4
Sanitation 7
7 -8.5
Temporary Light, Power and Water 7
7 -8.5.1
Steel Plates 7
7 -8.6
Water Pollution Control 7
7 -8.6.1
Best Management Practices and Monitoring Program 7
7 -10
PUBLIC CONVENIENCE AND SAFETY 8
7 -10.1
Traffic and Access 8
7 -10.2
Storage of Equipment and Materials in Public Streets 8
7 -10.3
Street Closures, Detours, Barricades 8
7 -10.4
Public Safety 9
7- 10.4.1
Safety Orders 9
7 -10.5
"No Parking" Signs 9
7 -10.7
Notices to Businesses and Residents 9
7 -15
7 -16
SECTION 9
9 -3
9 -3.1
9 -3.2
CONTRACTOR'S LICENSES
CONTRACTOR'S RECORDS /AS BUILT DRAWINGS
MEASUREMENT AND PAYMENT
PAYMENT
General
Partial and Final Payment
10
10
10
10
10
14
PART 2 - -- CONSTRUCTION MATERIALS
SECTION 201
CONCRETE, MORTAR, AND RELATED MATERIALS
14
201 -1
PORTLAND CEMENT CONCRETE
14
201 -1.1.2
Concrete Specified by Class
14
201 -2
REINFORCEMENT FOR CONCRETE
14
201 -2.2.1
Reinforcing Steel
14
SECTION 203
BITUMINOUS MATERIALS
14
203 -6
ASPHALT CONCRETE
14
203 -6.1
General
14
SECTION 214
PAVEMENT MARKERS
14
214 -4
NONREFLECTIVE PAVEMENT MARKERS
14
214-5
REFLECTIVE PAVEMENT MARKERS
14
PART 3 - -- CONSTRUCTION METHODS
SECTION 300
EARTHWORK
15
300 -1
CLEARING AND GRUBBING
15
300 -1.3
Removal and Disposal of Materials
15
300 -1.3.1
General
15
300 -1.3.2
Requirements
15
300 -1.5
Solid Waste Diversion
15
SECTION 301
TREATED SOIL, SUBGRADE PREPARATION, AND
PLACEMENT OF BASE MATERIALS
16
301 -1
SUBGRADE PREPARATION
16
301 -1.6
Adjustment of Manhole Frame and Cover Sets to Grade
16
3011-1.7
Payment
16
SECTION 302
ROADWAY SURFACING
16
302 -5
ASPHALT CONCRETE PAVEMENT
16
302 -5.1
General
16
302 -5.2
Cold Milling Asphalt Concrete Pavement
17
302 -5.2.1
General
17
302 -522
Equipment
17
302 -5.4
Tack Coat
17
302 -6
PORTLAND CEMENT CONCRETE PAVEMENT
18
302 -6.6
Curing
18
SECTION 303
CONCRETE AND MASONRY CONSTRUCTION
18
303 -5
CONCRETE CURBS, WALKS, GUTTERS, CROSS
GUTTERS, ALLEY INTERSECTIONS, ACCESS
23
400 -2
RAMPS AND DRIVEWAYS
18
303 -5.1
Requirements
18
303 -5.1.1
General
18
303 -5.5
Finishing
18
303 -5.5.1
General
18
303 -5.5.2
Curb
18
303 -5.5.4
Gutter
18
303 -5.9
Measurement and Payment
19
SECTION 308
LANDSCAPE AND IRRIGATION INSTALLATION
19
308 -1
GENERAL
19
308 -5
IRRIGATION SYSTEM INSTALLATION
20
SECTION 310
PAINTING
21
310 -5
PAINTING VARIOUS SURFACES
21
310 -5.6
Painting Traffic Striping, Pavement Markings,
and Curb Markings
21
310 -5.6.6
Preparation of Existing Surfaces
21
310 -5.6.7
Layout, Alignment, and Spotting
21
310 -5.6.8
Application of Paint
22
SECTION 312
PAVEMENT MARKER PLACEMENT AND REMOVAL
22
312 -1
PLACEMENT
22
PART 4
SECTION 400
ALTERNATE ROCK PRODUCTS, ASPHALT
CONCRETE, PORTLAND CEMENT CONCRETE
AND UNTREATED BASE MATERIAL
23
400 -2
UNTREATED BASE MATERIALS
23
400 -2.1
General
23
400 -2.1.1
Requirements
23
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
LIDO ISLE STREET REHABILITATION
PHASE II
CONTRACT NO. 4358
INTRODUCTION
SP 1 OF 23
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- 5981 -S); (3) the City's
(2004 Edition), including Supplements; (4) "GREENBOOK" Standard Specifications for
Public Works Construction (2003 Edition), including supplements. Copies of the
Standard Special Provisions and Standard Drawings may be purchased at the Public
Works Department. Copies of the "GREENBOOK" may be purchased from Building
News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970.
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated
hereinafter:
PART 1
GENERAL PROVISIONS
SECTION 2-- -SCOPE AND CONTROL OF THE WORK
2-6 PLANS AND SPECIFICATIONS.
2 -5.1 General. Add to this section: "The City shall supply no more than five (5) sets
of Plans and Specifications for the Contractor's use. Additional copies are the
responsibility of the Contractor. The Contractor may elect to reproduce its existing sets,
or purchase additional sets directly through the City's reprographics company."
2 -6 WORK TO BE DONE Add to this section: "The work necessary for the completion
of this contract consists of (1) distributing construction notices to affected businesses
and residents; (2) construction surveying; (3) removing raise pavement markers; (4)
removing existing pavement; (5) removing existing sidewalk, curb, curb and gutter,
cross gutter, driveway approaches, local depressions and curb access ramps; (6)
grinding (cold mill), reconstructing and overlaying roadway; (7) constructing sidewalks,
curb, curb and gutter, cross gutter, driveway approaches, local depressions, curb
SP2OF23
access ramps; (8) pruning trees and installing tree root barriers; (9) adjusting utility and
survey facilities; (10) installing traffic striping, pavement marks, curb painting, and
raised pavement marking; (11) coordinating with outside utility owners to have facilities
raised to grade and (12) other incidental items to be completed in work place required
by the Plans and Specifications."
2 -9 SURVEYING
2 -9.3 Survey Service. Add to this section: "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 surveyors for this project are Coast Surveying and
Walden & Associates and can be contacted at (714) 918 -6266 and (949) 660 -0110
respectively. 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 City 48 -hours in advance of
any work. In addition, the filing of a Corner Record and /or a Record of Survey with the
County Surveyors Office is required after the completion of Work. Prior to any
demolition Work the Contractor shall prepare and submit the Corner Records for review
by the City a minimum of three (3) working days before the anticipated Work."
Existing street centerline ties and property comer 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 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work,
inspect the project for existing survey monuments and then schedule a meeting with the
City Surveyor to walk the project to review the survey monuments. The Contractor shall
protect all survey monuments, other than those designated for replacement on the
plans, during construction operations. In the event that existing survey monuments,
other than those designated for replacement on the plans, 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 Record of Survey or Corner Records with the County of Orange upon
monument restoration.
SECTION 3 - -- CHANGES IN WORK
3 -3 EXTRA WORK
3 -3.2 Payment
3 -3.2.3 Markup. Replace this section with,
"(a) Work by Contractor. The following percentages shall be added to the
Contractor's costs and shall constitute the markup for all overhead and profits:
1) Labor ............. ............................... 15
2) Materials ........ ............................... 15
SP3OF23
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided for in this subsection, 1 percent shall
be added for compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is
performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied
to the Subcontractor's actual cost of such work. A markup of 10 percent on the first
$5,000 of the subcontracted portion of the extra work and a markup of 5 percent on
work added in excess of $5,000 of the subcontracted portion of the extra work may
be added by the Contractor."
SECTION 4--- CONTROL OF MATERIALS
4 -1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4 -1.3.4 Inspection and Testing. All material and articles furnished by the
Contractor shall be subject to rigid inspection, and no material or article shall be used in
the work until it has been inspected and accepted by the Engineer. The Contractor
shall furnish the Engineer full information as to the progress of the work in its various
parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractors
readiness for inspection. Submittals are required for all construction material.
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Special Provisions and these Special
Provisions. When, in the opinion of the Engineer, additional tests and retesting due to
failed tests or inspections are required because of unsatisfactory results in the manner
in which the Contractor executed the work, such tests and inspections shall be paid for
by the Contractor.
SECTION 5 - -- UTILITIES
5 -1 LOCATION. Add the following after the 3`d paragraph: "The Contractor shall
remove all USA utility markings within five (5) days of the work or phase of work
completion."
5 -2 PROTECTION. Add the following: "in the event that an existing pull or meter box
or cover is damaged by the Work and is not re- useable, the Contractor shall provide
and install a new pull or meter box or cover of identical type and size at no additional
cost to the City."
5 -7 ADJUSTMENTS TO GRADE. The Contractor shall 'adjust or remove and replace
and adjust to finish grade City -owned water meter boxes, water valve covers, sewer
manholes, sewer cleanouts and survey monuments. Additionally, the Contractor shall
adjust to grade Telephone vaults and/or manholes.
SP 4 OF 23
The Contractor will be required to contact Southern California Edison, The Gas
Company, cable television, and other utility facilities to have existing utilities adjusted to
finish grade. The Contractor shall coordinate with each utility company for the
adjustment of their facilities.
5 -8 SALVAGED MATERIALS. The Contractor shall salvage all manhole covers and
frames from existing facilities that are replaced at the direction of the City. Salvaged
materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The
Contractor shall make arrangements for the delivery of salvaged materials by
contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3432.
SECTION 6--- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this
section: "The time of completion as specified in Section 6 -7, shall commence on the
date of the 'Notice to Proceed.'
No work shall begin until a "Notice to Proceed" has been issued, a pre - construction
meeting has been conducted, and the schedules of work and traffic control plan have
been approved by the Engineer. Super Trucks shall not be used for the project. The
Contractor shall submit a construction schedule to the Engineer for approval a minimum
of five working days prior to the preconstruction meeting. The construction schedule
shall clearly show specific days. Schedule may be bar chart or CPM style.
The Engineer will review the schedule and may require the Contractor to modify the
schedule to conform to the requirements of the Contract Documents. If work falls behind
the approved schedule, the Contractor shall be prohibited from starting additional work
until Contractor has exerted extra effort to meet the original schedule and has
demonstrated the ability to maintain the approved schedule in the future. Such
stoppages of work shall in no way relieve the Contractor from the overall time of
completion requirement, nor shall it be construed as the basis for payment of extra work
because additional personnel and equipment were required on the job."
6 -7 TIME OF COMPLETION
6 -7.1 General. Add to this section: "The Contractor shall complete all work
under the Contract within 60 consecutive working days after the date on the
Notice to Proceed. All concrete work shall be completed and accepted within the first
30 consecutive working days after the date on the Notice to Proceed. No further work
shall be permitted until all concrete work is completed and accepted. Time extension
for 100 percent completion of work will not be granted due to delay on concrete work
completion and acceptance.
SP5OF23
The Contractor shall ensure the availability of all material prior to the start of work.
Unavailability of material will not be sufficient reason to grant the Contractor an
extension of time for 100 percent completion of work."
6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1sk
(New Year's Day), the third Monday in January (Martin Luther King Day), the third
Monday in February (President's Day), the last Monday in May (Memorial Day), July 4"',
the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth
Thursday and Friday in November (Thanksgiving and Friday after), December 24"',
(Christmas Eve), December 25"' (Christmas), and December 31st (New Year's Eve). If
January 1st, July 4th, November 11th, December 24th, December 25th or December
31st falls on a Sunday, the following Monday is a holiday. If January 13r, July 4m
November 11th, December 24"', December 25 or December 31st falls on a Saturday,
the Friday before is a holiday."
6 -7.4 Working Hours. Normal working hours are generally limited to 7:30 a.m. to
4:30 p.m.
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work
site, storage sites, staging areas, etc., before or after the normal working hours
prescribed above.
Should the Contractor elect to work outside normal working hours, Contractor must first
obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30
p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working
during any of these 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 $60.00 per hour when such time periods are
approved.
6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive
calendar day after the time specified in Section 6 -7 -1 for completion of the work, the
Contractor shall pay to the City or have withheld from moneys due it, the daily sum of
$500.00.
Revise paragraph two, sentence one, to read: "Execution of the Contract shall
constitute agreement by the City and Contractor that $500.00 per day is the minimum
value of the costs and actual damage caused by the failure of the Contractor to
complete the Work within the allotted time.
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly, preplanned, and continuous sequence so as to
minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and
the public as a result of construction operations."
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6 -11 SEQUENCE OF CONSTRUCTION
A. All concrete work items shall be completed and accepted prior to start of the
adjacent roadway improvement work.
B. Construction shall not take place on two adjacent streets at any one time.
Contractor shall obtain separate permission to start work on each street from the
Engineer. If the work is progressing satisfactorily, the Engineer may allow the
Contractor to work on additional work sites simultaneously.
C. Construction on the Lido Island Streets shall take place in the following order:
1. Via Koron from Via Lido Soud to Via Lido Nord
2. Via Jucar from Via Lido Soud to Via Lido Nord
3. Via Ithaca from Via Lido Soud to Via Lido Nord
4. Via Havre from Via Lido Soud to Piazza Lido
5. Via Grazina from Via Havre to Via Lido Nord
6. Via Genoa from Via Lido Soud to Via Lido Nord
7. Piazza Genoa from Via Lido Soud to Via Genoa
8. Piazza Lido from Via Florence to Via Koron
9. Via Fermo from Via Lido Soud to Via Firenze
10. Via Firenze from Via Lido Soud to Via Lido Nord
11. Via Florence from Via Lido Soud to Piazza Lido
12. Via Eboli from Via Lido Soud to Via Lido Nord
13. Via Dijon from Via Lido Soud to Via Lido Nord
14. Via Cordov from Via Lido Soud to Via Lido Nord a
15. Via Barcelona from Via Lido Soud to Via Lido Nord
16. The alley just north of Via Antibes between Via Lido Soud and Via Lido
Nord
SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR
7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will
perform all shut downs of water facilities as required. The Contractor shall give the City
seven (7) calendar days notice of the time it desires the shut down of facilities to take
place.
A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00
p.m. will be allowed. The times and dates of any utility to be shut down must be
coordinated with the City of Newport Beach Utilities Department. City must approve
any nighttime work in advance.
The Contractor shall provide and install new water meter and valve boxes. Existing
water meter or valve box frames and covers shall be salvaged. Salvaged meter or
valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West
16th Street. The Contractor shall make arrangements for the delivery of salvaged
materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718 - 3432."
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7 -8 PROJECT SITE MAINTENANCE
7 -8.4 Sanitation. Add to this section: "Secondary containment shall be provided
with portable toilets."
7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor
elects to use City water, he shall arrange for a meter and tender an $813 meter deposit
with the City. Upon return of the meter to the City, the deposit will be returned to the
Contractor, less a quantity charge for water usage and repair charges for damage to the
meter.
Water used during construction shall be paid for by the Contractor. This includes water
for flushing and pressure testing water lines, compaction, irrigation during maintenance
period for landscaping, etc."
7 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching
shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized
on arterial highways shall be pinned and recessed flush with existing pavement
surface."
7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water,
including all water used during sawcutting operations, containing mud, silt or other
deleterious material due to the construction of this project shall be treated by filtration or
retention in settling basin(s) sufficient to prevent such material from migrating into any
catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also
comply with the Construction Runoff Guidance Manual which is available for review at
the Public Works Department or can be found on the City's website at
http://www.city.newi)ort-beach.ca.us/pubworks/links.htm."
7 -8.6.1 Best Management Practices and Monitoring Program. 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.
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The BMP will be approved by the Engineer prior to any work. The City of Newport
Beach will monitor the adjacent storm drains and streets for compliance. Failure of the
Contractor to follow the approved BMP will result in immediate cleanup by City and
back - charging the Contractor for all costs plus 15 percent. The Contractor may also
receive a separate Administrative Citation per Section 14.36.030A23 of the City's
Municipal Code.
7 -10 PUBLIC CONVENIENCE AND SAFETY
7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide
traffic control and access in accordance with 7 -10 and the Work Area Traffic Control
Handbook (WATCH), also published by Building News, Inc.
Pedestrian access to all storefronts, offices, residences, etc., within the limits of work
must be maintained at all times. The Contractor shall cooperate with the Engineer to
provide advance notice to any and all establishments whose access will be impacted by
construction operations, particularly sidewalk construction. The Contractor shall furnish
and install signage, barricades, delineators, yellow safety ribbon, and any other
measures deemed necessary by the Engineer to safely direct the public around areas
of construction, and into (and out of) the affected establishments. Such measures shall
be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)."
7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first
paragraph and add the following: "Construction materials and equipment may only be
stored in City property or the public right -of -way 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 -10.3 Street Closures, Detours and Barricades. Add to this section: "The
Contractor shall submit to the Engineer - at least five working days prior to the pre -
construction meeting - a traffic control plan and detour plans(s) for each street and
parking lot. The Contractor shall be responsible for processing and obtaining approval
of a traffic control plans from the City's Traffic 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 detour
plans shall meet the following requirements:
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1. Emergency vehicle access shall be maintained at all times
2. The locations and wordings of all barricades, signs, delineators, lights, warning
devices, parking restrictions, and any other required details shall ensure that all
pedestrian and vehicular traffic will be handled in a safe manner with a
minimum of inconvenience to the public.
3. All advanced warning sign installations shall be reflectorized and /or lighted.
4. The Contractor shall accommodate the City's trash collection. If the
Contractor elects to work on a street during its trash collection day, it shall be
the Contractor's responsibility to make alternative trash collection
arrangements by contacting the City's Refuse Superintendent, at (949) 718-
3468 and all affected property owners."
7 -10.4 Safety
7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely
and completely responsible for conditions of the job -site, including safety of all persons
and property during performance of the work, and the Contractor shall fully comply with
all State, Federal 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 "No Parking" Signs. The Contractor shall install, and maintain in place
"NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs)
which he shall post at least forty-eight hours in advance of the need for enforcement.
The signs will be provided at no cost to the Contractor. However, the City reserves the
right to charge $1.50 per sign following any excessive abuse or wastage of the signs by
the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's
Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours
in advance of the need for enforcement. The signs shall (1) be made of white card
stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be
City of Newport Beach "Temporary Tow -Away, No Parking" signs 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 letters and numbers. A sample of the
completed sign shall be reviewed and approved by the Engineer prior to posting.
7 -10.7 Notices to Businesses and Residents. Ten working days prior to
starting work, the Contractor shall deliver a construction notice to residents within 500
feet of the project, describing the project and indicating the limits of construction. The
City will provide the Notice to the Contractor for distribution.
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Forty -eight hours prior to the start of construction, the Contractor shall distribute to the
residents a second written notice prepared by the City clearly indicating specific dates
in the space provided on the notice when construction operations will start for each
block or street, what disruptions may occur, and approximately when construction will
be complete. Any 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.
Contractor shall install a changeable message sign for each travel direction on Via Lido
at least one (1) week ahead of the start of work along that segment to use alternate
routes during construction. Contractor shall coordinate location of sign(s) with the City.
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.
7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of
work, the Contractor shall possess a General "A" Engineering Contractor's License. At
the start of work and until completion of work, the Contractor and all Sub - Contractors
shall possess a Business License issued by the City of Newport Beach.
7 -16 CONTRACTOR'S RECORD/ "AS BUILT" DRAWINGS. A stamped set of
approved plans and specifications shall be on the job site at all times. In addition, the
Contractor shall maintain "As- Built" drawings of all work as the job progresses. A
separate set of drawings shall be maintained for this purpose. These drawings shall be
up -to -date and reviewed by the Engineer at the time each progress bill is submitted.
Any changes to the approved plans that have been made with approval from the
Engineer of Record or City Inspector shall be documented on the "As- Built" drawings
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three years after the date of completion of the project.
During this time, the material shall be made available to the Engineer. Suitable facilities
are to be provided for access, inspection, and copying of this material.
SECTION 9 - -- MEASUREMENT AND PAYMENT
9 -3 PAYMENT
9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid
for each item of work shown on the proposal shall include full compensation for
furnishing the labor, materials, tools, and equipment and doing all the work, including
restoring all existing improvements, to complete the item of work in place and no other
compensation will be allowed thereafter. Payment for incidental items of work not
SP 11 OF 23
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: Work under this item shall include providing bonds,
insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan
and construction schedule, and all other related work as required by the Contract
Documents.
Item No. 2 Traffic Control: Work under this item shall include delivering all
required notifications and temporary parking permits, post signs and all costs incurred
notifying residents. In addition, this item includes construction traffic control plans
prepared and signed by a California licensed traffic engineer, and providing the traffic
control required by the project including, but not limited to, signs, cones, barricades,
flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes
furnishing all labor, tools, equipment and materials necessary to comply with the
W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements.
Item No. 3 Surveying Services: Work under this item shall include surveying
including restoring all survey monuments and centerline ties disturbed, construction
staking, and all other items as required to complete the work in place. The Contractor's
Licensed Surveyor shall file the required Record of Survey or Corner Records with the
County of Orange upon monument restoration.
Item No. 4 Remove and Construct P.C.C. Type A Curb and Gutter: Work
under this item shall include removing and disposing of the existing curb and gutter,
compacting subgrade, reconstructing curb openings of existing curb drains,
constructing P.C.C. curb and gutter, re- chiseling of curb face for existing underground
utilities, restoring all existing improvements damaged by the work, and all other work
items as required for performing the work complete and in place. Curb height shall
match existing and gutter width shall be 18 inches.
Item No. 5 Remove and Construct P.C.C. Type B Curb: Work under this item
shall include removing and disposing of the existing curb, compacting subgrade,
reconstructing curb openings of existing curb drains, constructing P.C.C. curb, re-
chiseling of curb face for existing underground utilities, restoring all existing
improvements damaged by the work, and all other work items as required for
performing the work complete and in place.
Item No. 6 Remove and Construct P.C.C. Rolled Curb and Curb: Work
under this item shall include removing and disposing of the existing or curb and gutter,
compacting subgrade, reconstructing curb openings of existing curb drains,
constructing P.C.C. curb, re- chiseling of curb face for existing underground utilities,
restoring all existing improvements damaged by the work, and all other work items as
required for performing the work complete and in place.
SP 12 OF 23
Item No. 7 Remove and Construct 8 -Inch Thick P.C.C. Cross Gutter and /or
Spandrel: Work under this item shall include removing and disposing of the cross
gutter and /or spandrel, subgrade compaction, placing crushed miscellaneous base,
base compaction, constructing 8 -inch thick P.C.C. cross gutter and /or spandrel,
adjusting City utility facilities such as street lighting, sewer, water, etc. boxes and covers
to grade, and all other work items as required to complete the work in place.
Item No. 8 Remove and Construct 4 -Inch Thick Colored P.C.C. Sidewalk:
Work under this item shall include removing and disposing of the existing sidewalk,
subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk, and all other work
items as required to complete the work in place. Additionally, the Contractor shall verify
and provide color to match existing P.C.C. sidewalk. Color shall be Chromix Adobe
Tan No. C -21 as manufactured by L.M. Scofield Company.
Item No. 9 Cold Mill Asphalt Pavement (Variable Depth — 0.17' - 0.25'): Work
under this item shall include cold milling the asphalt roadway to a depth below existing
finished grade as shown on the drawings, temporarily lowering vault lids, valve covers,
sewer cleanouts, utility handholes and all other above ground utilities as necessary so
that the area can be cold milled to the design depth in a continuous pass through the
work area and all other work items as required to complete the work in place.
Item No. 10 Cold Mill Asphalt Pavement (Variable Depth — 0.01' - 0.33'): Work
under this item shall include cold milling the asphalt roadway to a depth below existing
finished grade as shown on the drawings, temporarily lowering vault lids, valve covers,
sewer cleanouts, utility handholes and all other above ground utilities as necessary so
that the area can be cold milled to the design depth in a continuous pass through the
work area and all other work items as required to complete the work in place.
Item No. 11 Construct AC Cap (Finish) Course: Work under this item shall
include constructing 2 -inch thick GP 64 -10 asphalt pavement overlay, tack coating and
all other work items as required to complete the work in place.
Item No. 12 Remove and Replace Water Valve Box Frame and Cover and
Adjust to Grade: Work under this item shall include removing and replacing the box
frame and cover per CNB STD -511 -L and adjusting as necessary during paving
operations and all other work items as required to complete the work in place.
Item No. 13 Adjust Manhole Frame and Cover to Grade: Work under this item
shall include adjusting, lowering and raising during paving operation, of all manhole
frame and cover to grade and all other work items as required to complete the work in
place.
Item No. 14 Remove and Replace Existing Sewer Main Cleanout Frame and
Cover and Adjust to Grade: Work under this item shall include removing and
replacing the frame and cover per CNB STD -511 -L and adjusting as necessary during
paving operations and all other work items as required to complete the work in place.
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Item No. 15 Remove and Install Electrical Pull Box: Work under this item shall
include removing the existing pull box and installing in new location. Contractor to
coordinate with City to determine location and necessary wire pull. New pull box frame
and cover shall be adjusted as necessary. Pull box frame and cover shall be per City of
Newport Beach standards and all other work items as required to complete the work in
place.
Item No. 16 Remove and Replace Water Meter Box and Cover to Grade:
Work under this item shall include removing and replacing the existing water meter
frame and cover to grade per CNB STD -502 -L or per CNB STD -503 -L and all other
work items as required to complete the work in place.
Item No. 17 Adjust Survey Monument Frame and Cover to Grade: Work
under this item shall include adjusting, lowering and raising during paving operations,
survey monument frames and covers to grade and all other work items as required to
complete the work in place.
Item No. 18 Remove and Construct P.C.C. Access Ramp: Work under this
item shall include removing and disposing of the existing improvements and
constructing P.C.C. access ramps and all other work items as required for performing
the work complete and in place.
Item No. 19 Remove and Construct P.C.C. Driveway Approach: Work under
this item shall include removing and disposing of existing improvements and
constructing P.C.C. driveway approach and all other work items as required for
performing the work complete and in place.
Item No. 20 Remove and Reinstall Curb Drain: Work under this item shall
include removing and reinstalling existing curb drains and all other work items as
required to complete the work in place. Contractor shall provide all necessary fitting to
match existing.
Item No. 21 Prune Tree Root and Install Root Barrier: Work under this item
shall include root pruning and disposal per Section 308 -1, removal and disposal of
excess soil, providing and installing root barriers per Section 308 -1, restoring existing
improvements damaged by the work, and all other work items as required for
performing the work complete and in place. All utilities or other improvements damaged
by the work shall be immediately repaired at the expense of the Contractor and no
additional compensation shall be made.
Item No. 22 Remove and Replace Electrical Pull Box Frame and Cover and
Adjust to Grade: Work under this item shall include removing and replacing the frame
and cover per City of Newport Beach standards and adjusting as necessary during
paving operations and all other work items as required to complete the work in place.
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Item No. 23 Traffic Striping: Work under this item shall include installing traffic
striping, pavement markers, curb painting and markings and all other work items as required to
complete the work in place.
Item No. 24 Adjust Telephone Manhole Frame and Cover to Grade: Work under this
item shall include adjusting, lowering and raising during paving operation, of all manhole frame
and cover to grade and all other work items as required to complete the work in place.
Item No. 25 Record Drawings/ As Built Plans
9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization
and traffic control shall be made in accordance with Section 10264 of the California Public
Contract Code."
PART 2
CONSTRUCTION MATERIALS
SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS
201 -1 PORTLAND CEMENT CONCRETE
201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement
concrete for construction shall be Class 560 -C- 3250."
201 -2 REINFORCEMENT FOR CONCRETE
201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be 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 -6.1 General. Delete the second paragraph in this section and replace with the
following: "Asphalt Base Course shall be Type III -B -2 PG 64 -10 (III- 132 -AR- 4000). Asphalt
Surface Course shall be Type III -C -3 PG 64 -10 (III- C3 -AR- 4000). Asphalt binder shall comply
with the Performance Grade specifications of 203 -1."
SECTION 214 - -- PAVEMENT MARKERS
214-4 NONREFLECTIVE PAVEMENT MARKERS
Add to this Section: "All new non - reflective pavement markers types A and AY shall be
ceramic."
214 -5 REFLECTIVE PAVEMENT MARKERS
Add to this Section: "All new reflective pavement markers shall have glass- covered
reflective faces or be 3M Series 290.
Raised pavement fire hydrant marker shall conform to the CNB STD - 902 -L."
SP 15 OF 23
PART 3
CONSTRUCTION METHODS
SECTION 300 - -- EARTHWORK
300 -1 CLEARING AND GRUBBING
300 -1.3 Removal and Disposal of Materials
Add to this Section: "Disposal of materials shall be done by City approved Licensed
and Franchised Commercial Solid Waste Haulers. A current list of approved haulers
can be provided upon request or be found on the City's website at:
http: / /www. city. newport- beach.ca.us /GSV /Frachised Haulers.htm."
300 -1.3.1 General. Add to this section: "The work shall be done in accordance
with 300 -1.3.2 except as modified and supplemented herein. 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.
The Contractor shall maintain the job site in a clean and safe condition. The Contractor
shall remove all debris or other deleterious material from the job site at the end of each
workday. All trench widths shall be at least 3 -feet wide to facilitate maximum
compaction. Contractor shall meet with the Engineer to mark out the areas of roadway
removal and replacement. Approximate area of removal and replacement is 171,815
square feet."
300 -1.3.2 Requirements.
(c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley
Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly
made to a minimum of two (2) inches." Replace the words "V/2 '/2 inch" of the last sentence
with the words "two (2) inches ".
300 -1.5 Solid Waste Diversion. 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 on a form provided by the Engineer and provide
appropriate confirmation documentation from the recycling facility. "
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SECTION 301 --- TREATED SOIL, SUBGRADE
PREPARATION, AND PLACEMENT OF BASE MATERIALS
301 -1 SUBGRADE PREPARATION.
301 -1.6 Adjustment of Manhole Frame and Cover Sets to Grade. Delete the
first and second sentence of the first paragraph and add to this section: "The Contractor
shall adjust to finish grade City -owned facility, such as, water meter boxes, water valve
covers, pull boxes, sewer manholes, sewer cleanouts, storm drain manholes and
survey monuments.
The Contractor shall replace existing water valve covers, pull boxes and sewer cleanout
with new frame and cover per City standards.
If it has been determined by the Engineer that an existing frame and cover is in
disrepair the Contractor shall remove and install a new frame and cover with type and
size per City standards or at the direction of the Engineer and adjust as necessary
Payment for frame and cover removal and new frame and cover installation shall be
considered extra work and paid per 3 -3.
The Contractor shall salvage all existing frame and covers (including grade rings),
meter or valve box covers that have been replaced. Salvaged materials shall be
delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make
arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities
Operations Manager, at (949) 718 -3402.
The Contractor shall contact and coordinate with Utility- owned, such as, Southern
California Gas Company (SCG), Southern California Edison (SCE), AT &T, Cable
television (CAN), and any other utility to have its respective existing facilities adjusted
to finish grade. The Contractor shall notify each Utility -owned representative at least
five (5) working days in advance of the need to commence work required prior to paving
operations and again for work required after paving operations. The Contractor shall
mark all locations of Utility -owned facilities where adjustments shall be made after
paving. Contract extension will not be granted due to delay in said facility adjustment."
301 -1.7 Payment. Replace the third and fourth paragraphs of this section with:
"Payment for adjusting to finish grade shall be considered to be included in the contract
unit price for each City -owned facility adjusted and no other compensation will be
allowed."
SECTION 302 - -- ROADWAY SURFACING
302 -5 ASPHALT CONCRETE PAVEMENT
302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used for surface
caps shall be III -C3 -AR -4000. The A.C. for base course shall be 111 -B2 -AR -4000. All
SP 17 OF 23
cracks % -inch or greater in width shall be cleaned, have weed kill applied and sealed
with a hot - applied crack sealant approved by the Engineer. In residential areas no
highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and
trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The
top 1-Y2 inches of asphalt shall be placed in a separate lift. Holes, spalls, and cracks
greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR
4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom.
Prior to placement of asphalt concrete, a tack coat of SS1 H emulsified asphalt shall be
applied to all contract surfaces.
An asphalt leveling course shall be applied in accordance with the Plans and /or as
directed by the Engineer. An automatic leveling device shall be used on the paver
unless omitted by the Engineer.
Longitudinal joints between successive paving runs shall coincide with the traffic lanes
lines. Contractor will be provided with Striping Plans for those roads where the striping
will change prior to the start of work. Local streets will not be striped except for special
cases for which Striping Plans will be provided. All other roads will be striped to match
the existing pattern."
302 -5.2 Cold Milling Asphalt Concrete Pavement.
302 -5.2.1 General. Replace the last sentence in the first paragraph with: "The
surface tolerance permitted as measured along a 10 foot straight edge shall be 3/8 inch
laterally (except in crown areas) and 3116 inch longitudinally. If in the judgment of the
Engineer, the joint cut varies from a straight line or ravels excessively; the longitudinal
joint may be required to be saw cut.
The Contractor shall protect all existing facilities during the planning operation and
repair or replace any damage facilities. These existing facilities shall include but not be
limited to:
A. Concrete curbs, gutters, driveways and sidewalks.
B. Roadside signs.
C. Trees and shrubs adjacent to the Work area.
D. Utility lines, vaults, manholes, valves and signal detector loops."
302 -5.2.2 Equipment. Add to this section: "The planning machine shall plane
without tearing or gouging the underlying surface, shall be adjustable as to crown and
depth by tilting the drum axis, and shall be capable of cutting sharp straight longitudinal
edge joints in the pavement."
302 -5.4 Tack Coat. Add to this section: "Prior to placing asphalt concrete, a tack
coat of Type SS1H asphaltic emulsion at a rate not to exceed one —tenth (1/10) of a
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gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces
and edges against which asphalt concrete is to be placed."
302 -6 PORTLAND CEMENT CONCRETE PAVEMENT
302 -6.6 Curing. Add to this section: "The Contractor shall not open street
improvements to vehicular use until P.C.C. has attained the minimum compressive
strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength
may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by
the use of additional Portland cement or admixtures with prior approval of the
Engineer."
SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION
303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY
INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS
303 -5.1 Requirements
303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall
be opened to pedestrian access on the day following concrete placement and over
weekends. In addition, all forms shall be removed, irrigation systems shall be repaired,
and backfill or patchback shall be placed within 72 hours following concrete placement.
Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to
vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi."
303 -5.5 Finishing
303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C.,
P.C.C. and brick within private property at locations shown on the plans in a manner
that matches the adjoining existing private property in structural section, texture and
color. Sidewalk scores shall match existing. Color shall be Chromix Adobe Tan No. C-
21 as manufactured by L.M. Scofield Company. Contractor shall coordinate with City
before ordering colored P.C.C. P.C.C. shall be replaced per 300- 1.3.2."
303 -5.5.2 Curb. Add to this section: 'The Contractor shall install or replace curb
markings that indicate sewer lateral or water valve location on the face of the curb. The
Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and
a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the
curb face to the valve. To determine the location of sewer laterals and water services,
the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718-
3402."
303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line
tolerances to within 0.01 feet of those elevations shown on the plan."
SP 19 OF 23
303 -5.9 Measurement and Payment. Add to this section: "Payment for the
construction or removal, respectively, of concrete curbs, gutters, curb ramps, cross
gutters, v- gutters, local depressions, driveway approaches, alley approaches, and
sidewalk shall be made as shown on the Plans. Such price shall constitute full
compensation for all equipment, materials, labor, and incidentals necessary for the
construction or removal of said item, and shall include, but not be limited to: any
required saw cutting, removal and disposal of said items, the reconstruction of curb
drains, the replacement of water meter boxes or pull boxes damaged during the
removal of existing improvements and /or the construction of proposed improvements,
and the adjustment of existing utilities and other improvements located within the area
of work in order to match the proposed finished surfaces and grades as indicated in the
Project Plans and /or Specifications. Additionally, all depressed curb and gutter, and
concrete sidewalk located within the limits of the new curb ramp or driveway /alley
approach shall be considered as part of said ramp or approach and shall be paid for at
the contract unit price bid for each item, respectively.*
SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION
308 -1 General. Add to this section: "The Contractor is responsible for clearing and
grubbing, pruning and removing tree roots that interfere with the work. The Contractor
shall submit recommendations by its arborist to the City for review for safely pruning and
removing tree roots. No roots shall be pruned of removed unless this submittal is
returned to the Contract as satisfactory. Prior to the submittal, the Contractor shall
arrange to meet with the City's Urban Forester, Mr. John Conway ((949) 644 -3083) at the
site to discuss City standards and requirements.
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's Urban Forester.
b. Roots shall be cleanly severed using a root - pruning machine, ax or comparable
tool.
2. Arbitrary Root Cut
a. A straight cut with a root - cutting machine shall be made.
b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs,
and shall be made as far away from the tree base as possible.
3. Selective Root Pruning
a. This process involves selectively removing offending roots when a tree trunk or
root flare is less than 2 feet from the sidewalk and /or the size, species or
SP 20 OF 23
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's Urban Forester.
e. Roots shall be selected for removal on the basis that will have the least impact
on the health and stability for the tree.
4. Root Barrier Specification
a. The root barrier product shall be polyethylene plastic with ultra violet inhibitors
and 0.080" in thickness such as the CP- Series as manufactured by Century
Products, Anaheim, CA, (714) 632 -7083. Use CP12 -2 along sidewalk and
CP18 -2 along the back of curb. Install root barrier panels one -foot prior and
one -foot past the length of each root pruning cut. Top 3" of native material
shall be free from rocks or other materials that would interfere with landscape
maintenance tasks.
b. The product shall be installed per manufacture's specifications.
The Contractor shall Remove and Replace or Protect in Place Existing Irrigation line
(including heads) and electrical lines."
308 -5 Irrigation System Installation. Add to this section: "Contractor shall furnish all
labor, materials, appliances, tools, equipment facilities, transportation, and services
necessary for and incidental to performing all operations in connection with the repair of
the landscape irrigation system complete, as described herein.
Manufacturer's Directions:
1. Manufacturer's directions and detailed drawings shall be followed in all cases
where the manufacturer of articles used in the contract furnish directions
covering points not shown in the drawings and specifications.
Ordinance and Regulations:
1. All local, municipal and state laws and rules and regulations governing or relating
to any portion of this work are hereby incorporated into and made part of these
specifications and their provisions shall be carried out by the Contractor.
Anything contained in there specifications shall not be construed to conflict with
SP 21 OF 23
any of the above rules and regulations or requirements of the same. However,
when these specifications and drawings call for or describe materials,
workmanship, or construction of a better quality, higher standard, or larger size
than is required by the above rules and regulations, the provisions of these
specifications and drawings shall take precedence.
Contractor Responsibilities:
1. A qualified superintendent shall be present on the site at all times during the
progress of the work. The superintendent shall be fluent in the English language.
2. The Contractor shall train each person in techniques for making correct solvent
and rubber gasket joints prior to their performing work on the site.
3. The Contractor shall protect work and materials from damage during
construction and storage. Polyvinyl Chloride, (PVC) pipe and fittings shall be
protected from dirt and sunlight
4. The Contractor shall assume responsibility for damage to existing construction
and shall restore damaged property to the original condition to the satisfaction of
the City.
5. The Contractor shall handle plastic pipe and fittings carefully and store
undercover to avoid UV or other damage.
6. Immediately notify the City in case of discrepancies.
7. Do not proceed with installation in areas of discrepancy until all such
discrepancies have been resolved. If the Contractor provides and installs
material or performs work without resolving such discrepancies, the Contractor
shall be fully responsible for removing, restocking and re- installation of such
areas until all discrepancies are resolved to the City's satisfaction.
SECTION 310 - -- PAINTING
310 -5 PAINTING VARIOUS SURFACES
310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings
310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to
read: "The Contractor shall remove all existing thermoplastic traffic striping and
pavement markings prior its work by a method approved by the Engineer."
310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to
read: "The Contractor shall perform all layouts, alignments, 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
I
SP 22 OF 23
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 the proper striping over a weekend or
holiday. Stop bars shall not remain unpainted overnight."
310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic
striping and markings shall be applied in one coat, as soon as possible and within 24
hours after the finish course has been applied.
Paint for temporary traffic striping and pavement markings shall be white Formula No.
2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured
by Morton. These temporary paints shall be applied at 15 mils wet.
The final striping for all painted areas shall be sprayable reflectorized thermoplastic.
The sprayable reflectorized thermoplastic pavement striping shall not be applied until
the paving has been in place for at least 15 days. The thermoplastic shall be applied at
0.45 mm minimum thickness for all striping except crosswalks and limit lines — which
shall be 0.90 mm minimum thickness.
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 Contractors 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.
The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer,
temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is
more than one lane in any one direction, for more than three consecutive calendar
days. Dependent upon construction phasing, the Engineer may require the Contractor
to apply two applications of paint to maintain adequate delineation on base pavement
surfaces, at no additional cost to the City."
SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL
312 -1 PLACEMENT. Amend this section with:
1. The location of raised pavement fire hydrant marker shall conform to the
City of Newport Beach Standard Plan No. STD - 902 -L.
2. The Contractor shall not replace raised pavement markers until fifteen
days after the application of the pavement."
. 1 \.
SP 23 OF 23
J_l:ii!
SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE,
PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL
400 -2 UNTREATED BASE MATERIALS
400 -2.1 General
400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed
miscellaneous base as the base materials."
TO:
0
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 10
May 11, 2010
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Patrick Arciniega, Senior Civil Engineer
949 - 644 -3347 or parciniega @newportbeachca.gov
SUBJECT: LIDO ISLE PAVEMENT REHABILITATION PHASE II — AWARD OF
CONTRACT NO. 4385
1. Approve the project drawings and specifications.
2. Award Contract No. 4385 to All American Asphalt for the Total Bid Price of
$572,572.00, and authorize the Mayor and the City Clerk to execute the contract.
3. Establish an amount of $57,257.00 to cover the cost of unforeseen work.
4. Approve Budget Amendment No. BA10 -_ appropriating $5,500 from the
unappropriated water reserve fund to Account No. 7503- C2002032 and
appropriating $38,500 from the unappropriated sewer reserve fund to Account
No. 7531- C2002032.
DISCUSSION:
At 11:30 A.M. on Tuesday April 20, 2009 the City Clerk opened and read the following
two bids for this project:
BIDDER
Low All American Asphalt
2 Pave West
3 Sequel Construction Inc.
4 B &T Works Inc.
5 Elite Bobcat Service
6 Hillcrest Construction, Inc.
7 Palp, Inc.
8 R. J. Noble Co.
TOTAL BID AMOUNT
$572,572.00
$600,612.50
$643,709.50
$657,944.90
$660,284.90
$669,685.90
$698,333.00
$713,571.20
* Bid read as $601,612.50
** Bid read as $643,709.00
** *Bid read as $687,944.90
*
***
0
0
Lido Isle Pavement Rehabilitation Phase II C-4385
May 11, 2010
Page 2
The low total bid amount is 12% lower than the Engineer's Estimate of $650,000. The
low bidder, All American Asphalt, possesses a California State Contractors License
Classification "A" as required by the project specifications. A check of All American
Asphalt's references indicates satisfactory completion of similar projects for other public
agencies.
The work necessary to complete this contract consists of cold milling and overlaying of
AC pavement, curb and gutter and sidewalk reconstruction, cross -gutter reconstruction,
ADA ramp installation, root barrier installation where needed and painting and striping
as necessary.
Pursuant to the Contract Specifications, the Contractor will have 60 consecutive working
days to complete the work.
Environmental Review:
This project is exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15301 Class 1(c) of the CEQA Guidelines. This exemption covers the minor
alteration of existing public facilities with negligible expansion of the facilities in areas
that are not environmentally sensitive.
Public Notice:
The Notice Inviting Bids was advertised in the City's official publication and in
construction industry publications. Prior to starting work, City - prepared notices will be
distributed by the Contractor to residents on adjacent streets.
Geotechnical Services:
In addition to the contract costs, approximately $7,615.00 in consulting geotechnical
services is estimated for this project and will be performed under the on -call
professional services agreement with Harrington Geotechnical Engineering, Inc.
Funding Availability:
With approval of the budget amendment authorizing the use of water and sewer funds
for this project, sufficient funds are available in the following accounts:
Account Description
Account Number
Amount
Traffic Congestion Relief (Prop. 42)
7191- C2002032
$
594,444.00
Water Fund
7503- C2002032
$
5,500.00
Sewer Fund
7531- C2002032
$
38,500.00
Total: $ 638,444.00
Proposed uses are as follows:
Vendor
All American Asphalt
All American Asphalt
Harrington Geotechnical Eng. Inc.
Various
Prepared by:
W—J2
Patrick Arcinieg
Senior Civil Engineer
Attachments: Project Location Map
0
Lido Isle Pavement Rehabilitation Phase II C -4385
May 11, 2010
Page 3
Purpose
Construction Contract
Construction Contingency
Geotechnical Services
Printing and Incidentals
Total:
Submitted
Amount
$ 572,572.00
$ 57,257.00
$ 7,615.00
$ 1,000.00
$ 638,444.00
Director
Ci*f Newport Beach
BUDGET AMENDMENT
2009 -10
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
NX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
• NO. BA- 10BA -044 X10
AMOUNT: $44,000.00
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To increase expenditure appropriations from unappropriated Water Enterprise Fund fund balance and increase expenditure
appropriations from unappropriated Wastewater Enterprise Fund fund balance due to the award of the contract with All American
Asphalt for Lido Isle Pavement Rehabilitation Phase II.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
500 3605 Water Fund - Fund Balance
530 3605 Wastewater Fund - Fund Balance
REVENUE ESTIMATES (3601)
FundlDivision Account
EXPENDITURE APPROPRIATIONS (3603)
Description
Division Number
Account Number
Signed: g, -z!/t
Financial
Signed:
Signed:
Administrative Services Director
Administrative Approval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$5,500.00 "
$38,500.00
$5,500.00
$38,500.00
D e
Date
Date
Description
Division
Number
7503
Water: Pumping and Operating
Account
Number
C2002032
Udo Isle Street Rehabilitation
Division
Number
7531
Sewer Main Replacement
Account
Number
C2002032
Lido Isle Street Rehabilitation
Division Number
Account Number
Signed: g, -z!/t
Financial
Signed:
Signed:
Administrative Services Director
Administrative Approval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$5,500.00 "
$38,500.00
$5,500.00
$38,500.00
D e
Date
Date