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HomeMy WebLinkAboutC-5212 - Bayside Drive and Area Streets Pavement RehabilitationCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC June 30, 2015 All American Asphalt 400 E. Sixth Street Corona, CA 92879 Subject: Bayside Drive and Area Streets Pavement Rehabilitation — C-5212 Dear All American Asphalt: On June 24, 2014, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on June 30, 2014. Reference No. 2014000257981. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is 7638154. Enclosed is the Faithful Performance Bond. Sincerely, *4- -NM- Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov Premium is for contract term and is subject to adjustment based onfinal contract price EXHIBIT C Executed in Two (2) Parts CITY OF NEWPORT BEACH BOND NO. 7638154 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,768.00 , being at the rate of $ 3.95 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to All American Asphalt hereinafter designated as the "Principal," a contract for BAYSIDE DRIVE AND AREA STREETS PAVEMENT REHABILITATION, C-5212, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Fidelity and Deposit Company of Maryland duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Million Two Hundred Seven Thousand Two Hundred Seven Dollars and 00/100 ($1,207,207.00) 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. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. All American Asphalt Page C-1 .,,< s+c@;.itit�.u�hrd*'s.rts�xs�t,..„x*�i„�riuC..:R.,�n _.'^z!,:.:>,••,x,K.�-..n: ..,,..cam sA ,riz�'txr'r Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 19th day of November 12013 , All American Asphalt Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety 777 S. Figueroa Street, Ste. 3900, Los Angeles, CA 90017 Address of Surety (213) 270-0600 Telephone Agent Signature William Syrkin, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEATTACHED All American Asphalt Page C-2 1. .1: .:> V,ft= .::t«'"`-_ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On November 21, 2013 before me, Donna Thorne, Notary Public Dale Here Insert name and TAIe of ate Officer personally appeared Robert Bradley Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/are subscribed to the within instrument his/he4theic authorized capacity(ies), and that by his/her/tl;& signature(s) on the instrument the person(s), or the entity upon behalf ? GONNA iFICRNE of which the person(s) acted, executed the instrument. ' Commission # 109X70 z'N"g n Notary public - California D I certify under PENALTY OF PERJURY under the laws of the State of Riverside County California that the forgoing paragraph is true and correct. ,� My Camm. Ex Tres Jun 7, 2074 WITNESS my hand and official seal. Signature /�/J� Place Notary Swl Above Sign dare of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Faithful Performance Bond No. 7638154 Document Date 11/19/2013 Number of Pages: Four (4) Signer(&) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer(e) Signer's Name: Robert Bradley o Individual XCorporate Officer —Title(s): Vice -President ❑ Partner— ❑ Limited o General o Attorney in Fact o Trustee o Other: Top of thumb here Signer's Name: ❑ Individual o Corporate Officer—Title(s): _ o Partner— o Limited o General o Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: All Amwriran Acnhvrt Signer is Representing Top of thumb here ACKNOWLEDGMENT **See Attached for Attorney -in -Fact Acknowledgment"* State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT Stale of California County of ___) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/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. nature All American Asphalt (seal) All American Asphalt key . ,: �.. 4, a�. s;N�i :•. �,"' aa%�x>�.,°'�i"W `.�,''r"�f.Ri a� x�rx xe .#`.�, a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of Orange On 11/19/2013 before me, R. Paramo, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s) of Signer(s) R. PARAMO Commission # 2035890 Notary Public - California i Z Orange County My Comm. Ex fres Au 5, 2017 Place Notary Seat Above who proved to me on the basis of satisfactory evidence to be the person(o whose name(c) Wale subscribed to the within instrument and acknowledged to me that he/e4aAh4y executed the same in his/keW"r authorized capacity(iee), and that by his/4@WtNeir signaturef* on the instrument the person(4 or the entity upon behalf of which the person(e) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of 'fornfa that the foregoing paragraph is true WIT ES y hand d off] I seal. Signet Si nature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Faithful Performance Bond No. 7638154Document Date: 11/19/2013 Number of Pages: Four 4 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin ❑ Corporate Officer — Trtle(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual OAttomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer —Tftle(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani Brown, CMC September 3, 2014 All American Asphalt 400 E. Sixth Street Corona, CA 92879 Subject: Bayside Drive and Area Streets Pavement Rehabilitation - C-5212 Dear All American Asphalt: On June 24, 2014 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on June 30, 2014, Reference No. 2014000257981. The Surety for the bond is Fidelity and Deposit Company of Maryland and the bond number is 7638154. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilan I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov Premium is included in the performance bond Executed in Two (2) Parts EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 7638154 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to All American Asphalt hereinafter designated as the "Principal," a contract for BAYSIDE DRIVE AND AREA STREETS PAVEMENT REHABILITATION, C-5212, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Fidelity and Deposit Company of Maryland duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Million Two Hundred Seven Thousand Two Hundred Seven Dollars and 00/100 ($1,207,207.00) 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 attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. All American Asphalt Page B-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 19th day of November , 2013 . All American Asphalt Name of Contractor (Principal) Fidelity and Deposit Company ofMaryland Name of Surety 777 S. Figueroa Street, Ste. 3900, Los Angeles, CA 90017 Address of Surety (213) 270-0600 Telephone Wthkrn'zed Agent Signature William Syrkin Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt Page B-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On November 21, 2013 before me, Donna Thorne, Notary Public Dale Here Insert name aM Title of the officer personally appeared Robert Bradley Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument his/herRheir authorized capacity(ies), and that by hisAwFAheir �, signature(s) on the instrument the person(s), or the entity upon behalf GONNA 1NORNE of which the person(s) acted, executed the instrument. Commission # 1892010 f4otary Public - California z I certify under PENALTY OF PERJURY under the laws of the State of z `tea Riverside County D California that the forgoing paragraph is true and correct. My Comm. Expires Jun 7, 2014 " WITNESS my hand and official seat. Signature hyo y/Y /y=�2f/I �f/lil9� place Notary Seal Above SigheWre of Notary Public 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 Labor & Materials Payment Bond No. 7638154 Document Date 11/19/2013 Number of Pages: Three (3) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradley o Individual X Corporate Officer — Title(s): Vice -President c Partner— o Limited o General o Attorney in Fad M o Trustee Top of Mumb here o Other: Signer is Representing: Signer's Name: o Individual o Corporate Officer — Title(s): _ o Partner— o Limited o General o Attorney in Fact o Trustee o Other: Signer is Representing: thumb here ACKNOWLEDGMENT **See Attached for Attorney -in -Fact Acknowledgment** State of California County of } ss. On 20_ before me, Notary Public, personally appeared _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT State of California County of _ ) ss. (seal) On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(i0), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature All American Asphalt (seal) 1�1— > ,.. woat a„ ,iFS '4 k -, ..a<9*,4. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of Orange On 11/19/2013 before me, R. Paramo, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Names) of Signer(s) R. PARAMO Commission # 2035890 a :-o Notary Public - California z a Orange County M Comm. Ex fres Aua 5, 2017 Place Notary Seal Above 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/&4oANey executed the same in his/peFLtlasir authorized capacity(km4, and that by his/keo4he4t` signature" on the instrument the person*, or the entity upon behalf of which the person(sj acted, executed the instrument. of the is true my hand OF PERJURY under the laws .that the foregoing paragraph Signature of Notary Public OP77ONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Labor and Materials Title or Type of Document: Payment Bond No. 7638154 Document Date: 11/19/2013 Number of Pages: Three 3 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin ❑ Corporate Officer — Title(s): ❑ Partner — ❑ limited ❑ General ❑ Individual ElAttomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer —Mtle(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: PRF7638154 Bond Number City of Newport Beach Obligee ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by Geoffrey Delisio, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William Syrkin its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this Iron day of November A.D. sots ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND !� ItM G zi 8i a A"gs\" tax �5,f BY Assistant Secretary Vice President Gerald F. Haley Geoffrey Delisio State of Maryland County of Baltimore On this +aa day of Novembar , A.D. 2013 , before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Geoffrey Delisio, Vice President and Gerald F. Kaley, Assistant Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that helshe is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. fD:1Y Constance A. Dunn, Notary Public My Commission Expires: July 14, 2015 r�p,n mint. EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Seaetary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 19th day. of November 2013 a et�ae et-� cMWtM1 Thomas O. McClellan, Vice President RECORDING RECDESTED BYI WHEN RECORDED{ RETURN TO: City Clerk City of Newport Beach ' : 0i 100 Civic Centeq,�Drive + Newport Beach, dk92660 � Recorded in Official Records, Orange County Hugh Ngu�en, Clerk -Recorder II�IIIIiIIIIIIIIII��II��II�IIIII���I�I�ll��ll�l���ll��lllllll���l NO FEE *$ R 0 0 0 6 7 9 9 2 5 3$ 20140002579811: 00 pm 06130114 90 411 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 qo "Exempt from recording fees pursuant to Government Code Section 27383" �n NOTICE OF COMPLETION l r NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and All American Asphalt of Corona, CA, as Contractor, entered into a Contract on November 13, 2013. Said Contract set forth certain improvements, as follows: Bayside Drive and Area Streets Pavement Rehabilitation (C-5212) Work on said Contract was completed, and was found to be acceptable on June 24, 2014, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Fidelity and Deposit Company of Maryland. BY ��/• Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on!%�/ �� v d� T at Newport Beach, California. BY96r M - � O� JAEWpQ�� City Clerk U y</'�ORN�P CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani Brown, CMC June 25, 2014 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following project: • Bayside Drive and Area Streets Pavement Rehabilitation (Contract No. 5212) Please record the enclosed document and return to the City Clerk's Office. Thank you. Sincerely, W ely 4 ���q��UI pl/� owl— Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 9 Fax: (949) 644-3039 • www.newportbeachca.gov RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and All American Asphalt of Corona, CA, as Contractor, entered into a Contract on November 13, 2013. Said Contract set forth certain improvements, as follows: Bayside Drive and Area Streets Pavement Rehabilitation (C-5212) Work on said Contract was completed, and was found to be acceptable on June 24. 2014, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Fidelity and Deposit Company of Maryland. BY /V•zA City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. 1, Executed on at Newport Beach, California. r BY City Clerk TO: FROM: PREPARED BY: PHONE: TITLE: ABSTRACT: CITY OF NEWPORT BEACH City Council Staff Report June 24, 2014 Agenda Item No. 3. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov Alfred Castanon, Associate Civil Engineer 949-644-3314 Bayside Drive and Area Streets Pavement Rehabilitation Project - Notice of Completion and Acceptance of Contract No. 5212 (CAP13-0003) On November 12, 2013, City Council awarded Contract No. 5212, Bayside Drive and Area Streets Pavement Rehabilitation Project to All American Asphalt, for a total contract cost of $1,207,207.00 plus $120,000.00 allowance for contingencies. The required work is now complete and staff requests City Council acceptance and close out of the contract. RECOMMENDATION: a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after acceptance by the City Council. FUNDING REQUIREMENTS: Funds for the construction contract were expensed from the following accounts: Account Description Gas Tax Contributions (Grant Funds) Water Enterprise Wastewater Enterprise Account Number 7181-C2002061 7251-C2002061 7521-C2002061 7541-C2002061 Amount $ 1,163,954.07 $ 81,600.00 $ 25,435.00 $ 53,350.00 Total: DISCUSSION: Overall Contract Cost/Time Summary $ 1,324,339.07 The work necessary to complete this contract included replacing the existing sidewalk, curb and gutter, curb access ramps, driveway approaches, removing the existing pavement, and re- paving with new rubberized asphalt concrete for Bayside Drive (from EI Paseo Drive to Marguerite Avenue), Avocado Avenue (from East Coast Highway to San Joaquin Hills Road), Harbor Island Drive and Harbor Island Road. The contract is complete to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $1,207,207.00 Actual cost of bid items constructed: $1,258,377.81 Total change orders: $ 65,961.26 Final contract cost: $1,324,339.07 The actual cost of bid items constructed was $51,170.81 more than the original bid amount due to more concrete needing replacement than originally estimated. The final contract cost was approximately 9.7 percent above the original bid amount with three change orders totaling $65,961.26. The change orders included additional concrete replacement at Bayside Drive; along with tree removals, irrigation and median work at Harbor Island Road, delay costs due to coordination efforts with the Balboa Yacht Club to assist with their on-site reconstruction, and the reconstruction of the Pacific Coast Highway and Avocado Avenue pork -chop median, which included traffic signal modifications and three new handicap access ramps. Additionally, the paving work for Bayside Drive was delayed 4 weeks in order to allow a separate city contractor to complete water main work associated with the Corona Del Mar Transmission Main Improvement project. Grant Funding was provided by an award from the California Department of Resources Recycling and Recovery (CalRecycle) for the use of recycled rubber from tires into the asphalt pavement. Actual Awarded Final Cost at Contingency Contract % Due to % Due to Contract Amount Completion Allowance Change g Directed Unforeseen Change Change $1,207,207.00 $1,324,339.07 10% or less +9.7% 100% 0% Actual Time Allowed Contract Time (days) 45 0 Under (-) or Over (+) The work necessary to complete this contract included replacing the existing sidewalk, curb and gutter, curb access ramps, driveway approaches, removing the existing pavement, and re- paving with new rubberized asphalt concrete for Bayside Drive (from EI Paseo Drive to Marguerite Avenue), Avocado Avenue (from East Coast Highway to San Joaquin Hills Road), Harbor Island Drive and Harbor Island Road. The contract is complete to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $1,207,207.00 Actual cost of bid items constructed: $1,258,377.81 Total change orders: $ 65,961.26 Final contract cost: $1,324,339.07 The actual cost of bid items constructed was $51,170.81 more than the original bid amount due to more concrete needing replacement than originally estimated. The final contract cost was approximately 9.7 percent above the original bid amount with three change orders totaling $65,961.26. The change orders included additional concrete replacement at Bayside Drive; along with tree removals, irrigation and median work at Harbor Island Road, delay costs due to coordination efforts with the Balboa Yacht Club to assist with their on-site reconstruction, and the reconstruction of the Pacific Coast Highway and Avocado Avenue pork -chop median, which included traffic signal modifications and three new handicap access ramps. Additionally, the paving work for Bayside Drive was delayed 4 weeks in order to allow a separate city contractor to complete water main work associated with the Corona Del Mar Transmission Main Improvement project. Grant Funding was provided by an award from the California Department of Resources Recycling and Recovery (CalRecycle) for the use of recycled rubber from tires into the asphalt pavement. A summary of the project schedule is as follows: ;Estimated Completion Date per 2013 Baseline Schedule February 21, 2014 Project Awarded for Construction November 12, 2013 !Contract Completion Date with Approved Extensions May 22, 2014 Actual Substantial Construction Completion Date (April 18, 2014 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quad ity Act ("CEQA") pursuant to Section 15301(c). This exemption covers the minor alteration of existing public facilities with negligible expansion of the favi I ities i n areas that are not environmentally sensitive. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Proiect Location Maps ATTACHMENT A Q Cf) I t CQ L� JL \� \ /i Z i \ � F�V � BALB Ai,ACHrr jq BALBOA ISLAND CHAiVNEL BAYSIDE DRIVE & AREA STREETS PAVEMENT REHABILITATION LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5212 1 06/24/2014 N a a rrrr ���rrurrinit ru „ ORr�f F4S cy T r o c �MgRq�� D dol TSH Rr�r uii� wq BAYSIDE DRIVE u T <I �I BAYSIDE DRIVE & AREA STREETS CITY OF NEWPORT BEACH PAVEMENT REHABILITATION PUBLIC WORKS DEPARTMENT LOCATION MAP C-5212 06/24/2014 �< vie �S rl1 J:1�1:5 l cl N \ J` o�o le �o m �c""R DRIVE � J L 0q,/ ` x Z/vz, AVOCADO AVENUE BAYSIDE DRIVE & AREA STREETS CITY OF NEWPORT BEACH PAVEMENT REHABILITATION PUBLIC WORKS DEPARTMENT LOCATION MAP C-5212 06/24/2014 City Clerk NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 until 10;00 am on the 17th day of October, 2013, at which time such bids shall be opened and read for BAYSIDE DRIVE AND AREA STREETS PAVEMENT REHABILITATION Title of Project Contract No. 5212 $ 1,150,000.00 Engineer's Estimate Approved . Pat`rck-tWomas City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Santa Ana Blue Print at {949}756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" For further information, call Alfred Castanon, Proiect Manager at (949) 644-3314 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: hflp:l/www. NewoortBeachCA.9ov CLICK: Online Services/Bidding & Bid Results CitV of Newport Beach BAYSIDE DRIVE AND AREA STREETS PAVEMENT REHABILITATION Contract No. 5212 TABLE OF CONTENTS NOTICE INVITING BIDS....... .......... ........ __ ...... ........... _ ........ _ ..... ____ ......... ...... Cover INSTRUCTIONS TO BIDDERS .............. ...... ............... __ ..... ........ 3 BIDDER'S BOND ...... _ ... __ ...... _ ....... ............. __ .......... ........... ... _ .................. _ _ _ 5 DESIGNATION OF SUBCONTRACTOR(S) ...... ........... _ ....... __ ................ ...... 8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .... _ ....... ... _ .... ...... ..... 9 NON -COLLUSION AFFIDAVIT ........... ....... ....................................... 13 DESIGNATION OF SURETIES .,, ................. ......... ............................. 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD ........... ......... .......... 15 ACKNOWLEDGEMENT OF ADDENDA ........ ......... ......... 17 INFORMATION REQUIRED OF BIDDER .... .............. _ ........ ........ ......... 18 NOTICE TO SUCCESSFUL BIDDER ... .......... ........ _ ........ 21 CONTRACT.. ... ......... ....... .......................... ....... ....... ................... 22 FAITHFUL PERFORMANCE BOND ... ___ ..... ... _ ......... ................... ................. ... 30 LABOR AND MATERIALS PAYMENT BOND ....... ...... ........ _ ................................ 35 PROPOSAL. .... ........ ....... ..... PRA SPECIAL PROVISIONS... ..... .......... ...... ....................... - ........ ....... _,_ ...... SP -1 APPENDIX A — ADA IMPROVEMENT PLAN (R -6032-S, SHEET 18) 9 City of Newport Beach BAYSIDE DRIVE AND AREA STREETS PAVEMENT REHABILITATION Contract No. 5212 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 ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 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 be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 3 & In accordance with the California Labor Code (Sections 1770 et seg.), 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 at seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". % 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. A IC- a Contractor's License No. & Classification Authorized atur� Date 0 Bid Bond No.: 08597423 Bid Date: 10/17/2013 City of Newport Beach BAYSIDE DRIVE AND AREA STREETS PAVEMENT REHABILITATION Contract No. 5212 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Amount Bid Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BAYSIDE DRIVE AND AREA STREETS PAVEMENT REHABILITATION, Contract No. 5212 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 30th All American Asphalt Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety day of September , 2013, 777 S. Figueroa Street, Ste. 3900, Los Angeles, CA 90017 Address of Surety (213) 270-0600 Telephone fie,✓+ nt Signature William Syrkin, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) A CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On October 11, 2013 before me, Rebecca Angela Parra, Notary Public Date Here Insert name and Title of the Officer personally appeared Robert BradleV Name(s) of Signers) 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/oho executed the same in REBECCA ANGELA PARRA his/4er his/her/their authorized capacity(ies), and that by Commission M 2024944 signature(s) on the instrument the person(s), or the entity upon behalf Notary Public • Cafifornia of which the person(&) acted, executed the instrument. Riverside County M Comm. Ex ire& Ma 17, 20171 1 certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS myhandand official seal. Signature /��`+�'�i z4enz �-Z Place Notary Seal Above SignAture of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond Document Date 9/30/2013 Number of Pages: Two (2) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradley ❑ Individual X Corporate Officer — Title(s): Vice President ❑ Partner i-_ ❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact OF ❑ Trustee Top of thumb here ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner I ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: A,CKNOWLMGMENT MwMM■■■■■■■■■■rrrwwww■■■■■■■■rrwwwMw■■■■■■■rrwwwMw■■■■■■■rwrwMM■■■■■■■■■rrrww "Please See Attached** State of California County of On before me, Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person($) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshe/they executed the same in histher/their authorized capacity(ies), and that by his/her/their signatures($) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Notary I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (srni) ■■■■■■MMMM■MM.... ■■■■■■■■■■■■MMM■■■■■■■■■■■■■.■ OPTIONAi! INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Thumbprint of Signer [i Check here if Capacity of Signer no thumbprint Trustee or fingerprint Power of Attorney Is avaiiaWe. CEO/CFOlCOO President I Vice -President / Secretary / Treasurer _ Other: Other Information: P EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomeys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I„ N.TESTIMO Y WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of wQ4XMbAQ 20/ L tP1O1y " a�`�. 'kel ,ioe SEAL e IHS : i 109B S 7 y1yn,N� H� Ao� dg�e�, Geoffrey Delisio, Vice President CALIFORNIA ALL-PURPOSE ACKMOWLEDGMENT CIVIL CODE § r State of California County of Orange — On 09/30/2013 Date personally appeared William before me, R. Paramo, Notary Public Here Insert Name and Title of the Officer R. PARAMO Commission # 2035890 Notary Public - California zZ Z - Orange County NlComm. Expires Aug5, 2017 Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons whose name(c4 is/aoe subscribed to the within instrument and acknowledged to me that he/94e44ey executed the same in hislhoWheir authorized capacity(ies), and that by his/#e eir signaturefs) on the instrument the person*, or the entity upon behalf of which the person(e} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the ' e of ornia that the foregoing paragraph kI e and cc TNESS Srhy hand a d o icial seal. Sign Signature of Notary Public OPTIONAL �. Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 09/30/2013 Number of Pages: ,Tom' 2� , Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: __.... William Syrkin ............. 0I Corporate Officer — Title(s): 1_3 Partner — L�] Limited G General .71 Individual DAttorney in Fact ] Trustee ❑ Guardian or Conservator Other: Signer's Name: _ EJ Corporate Officer — Title(s): — El Partner — Ij Limited E] General O Individual L Attorney in Fact F11 Trustee 0 Guardian or Conservator ;0' Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company o�IVa_rylanc_ 2013 National Notary Association a www.NationalNotary.org o 1 -800 -US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach BAYSIDE DRIVE AND AREA STREETS PAVEMENT REHABILITATION Contract No. 5212 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 aid item Description of Work % of Number Total aid C �^'.� Name: JtYtr1'1Sc�� C..�Y'�C,.� I (e CiYt C'c+,.'t Address: \41�v- 1LC�}e11 �(a. pr'uu s -e, CA-� Phone: tlkl(� -tcn -cAECCE u State License Nlumber:I({. S Name: Vkt7.fk Address: t`il'1 (fie caY J CA S��YM Oil a 7 sonATA r nc�, ()A- Phone:clii777l� ql+cit Low } State License Number: Address: 53E a Cy?»s &YpoeassGs Phone: 04CiGt.J— cilcxX) State License Number: C"�l9 IZJMOIQ� l J City of Newport Beach :: � � : _ . � _ G �>R`�i:7��"l��t�L�iTi1���iT�.!_1yl�fl�,ri[r]►`l Contract No, 5212 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.c,L Siyv�iY1�F 4i'ki"5v!G {��/J' Yg Address: ( ,JJ S( l2� 1 P�wn,��ti ct ry$ ���{�`{✓`,.'S � , ,CJ1`b P1 c9 i CA Jjj "q} � 11!a� Phone: State License Number: t.... d S c7 "1et. Gi �..�. Z> Name: Address: Phone; State License Number: Name: Address: Phone: State License Number: r _ Aut orized SignatU7l e<}7-4-viat� 8 1 City of Newport Beach BAYSIDE DRIVE AND AREA STREETS PAVEMENT REHABILITATION, Contract No, 6212 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN .4 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: zs-e'o C�4'�A No. I Project Name/Number Project Description 's6e4 �'CCyy;ii',uC4' Approximate Construction Dates: From -<S-//// z To: 2, Agency Name Contact Person Al 24 Telephone t7/y) Original Contract Amount $JZ4t2---FinaI Contract Amount $ G/22, q2 2, f If final amount is different from original, please explain (change orders, extra work, etc.) 1J14 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. we No. 2 S £ Ukt d Project Name/Number Project Description ee-A Approximate Construction Dates: From S/r 200°( To: 31t — /2 Agency Name j � Contact Person 1�E C4(-0' rreS Telephone (?/�) LZ/ -7 -ST& Original Contract Amount $;'Final Contract Amount $ 4 3175 t/ - If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N 17 No. 3 Project Name/Number Project Description v(rSf 9cEcaiS�Yu1�i �r Approximate Construction Dates: From 1 f 2PlZ To:�G�2�IZ Agency Name Contact Person Chuc4C i m,q _Telephone ?oz) S-76) -lo&3 Original Contract Amount $(CT�Final Contract Amount $_ If final amount is different from original, please explain (change orders, extra work, etc.) N, Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 Project Name/Number Project Approximate Construction Dates: From t'7—/l /2o TO: Agency Name Contact Person Oqj\ Original Contract Amount kL14L&.—Final Contract Amount$ J�]1401p-)Jp' If final amount iSdifferent from original,okeane orders, extra work, ebcj Did you file any claims against the Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. � Proj$ctName/Numb8r Project Description Approximate Construction Dates: From / o:. 2 Agency Name Contact Person elephone Original Contract Amount $1CLO �Final Contract Amount Zf Iffinal amount iodifferent from original,please explain (change orders, extra work, 8tC] 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. 1M No. 6 + Project Name/Number i -0 0`2 -CA\ Project Description ��-C-r-A Approximate Construction Dates: From � i 11 TO: Agency Name ��s hkL Contact Person lh'ytS �67nKsj Telephone-n1q)`7S1-/–S222- Original Contract Amount tb, Final Contract Amount $, 77� OW • — 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.�eak4�c� ra\ 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. Bidder At6orized SignaturetT tl f i3iJ. I/ 12 '(2012" PAST WORK REFERENCES City of Beverly Hills 345 Foothill Road Beverly Hills, CA 90210 Contact: Juan Martinez, (310) 285-2521 City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92628 Contact: Thomas Banks, (714) 754-5222 City of Perris 170 Wilkerson Avenue, Ste. D Perris, CA 92570 Contact: Chris Sunde, (951) 943-5604 City of Dana Point 33282 Golden Lantern Dana Point, CA 92629 Contact: Matt Sinaeori, (949) 248-3574 City of Long Beach 333 W. Ocean Blvd., 10`h Floor Long Beach, CA 90802 Contact: Chuck Ramey, (562) 570-6634 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92741 Contact: Edward Torres, (714) 647-5018 City of Fountain Valley 10200 Slater Avenue Fountain Valley, CA 92708 Contact: Alex Salazar, (714) 593-4516 2010-2011 Street Resurfacing Project Contract Amount: $2,800,000.00 Start: 6/1/2011 Completed: 4/30/2012 2010-2011 Citywide Street Rehabilitation Contract Amount: $2,778,000,60 Start: 7/1/2011 Completed: 2/29/2012 Foss Field Parking Expansion Contract Amount: $190,000.00 Start: 1/1/2012 Completed: 2/29/2012 Pacific Coast Highway & Niguel Shores Contract Amount: $676,676.00 Start: 12/1/2011 Completed: 5/30/2012 Willow Street Improvements Contract Amount: $661,661.00 Start: 12/1/2011 Completed: 6/30/2012 Bristol Street Widening Contract Amount: $8,315,754.00 Start: 5/1/2009 Completed: 3/16/2012 Edinger Avenue Improvements Contract Amount: $422,422.00 Start: 5/1/2012 Completed: 8/1/2012 "2011„ PAST WORK REFERENCES City of Compton 205 South Willowbrook Avenue Compton, CA 90220 Contact: Loujuana Mitchell, (310) 761-1437 County of San Bernardino 825 E. Third Street San Bernardino, CA 92415 Contact: Franklin Lund, (909)387-7920 County of Riverside - 2950 Washington Street Riverside, CA 92504 Contact: David Hylkema, (951) 850-6075 City of Stanton .7800 Katella Avenue' Stanton, CA 90680-3162 Contact: Quang Le, (714) 890-4234 City of Long Beach 333 West Ocean Blvd., I Oa` Floor Long Beach, CA 90802 Contact: Chuck Ramey, (562) 570-6634 City of Paramount 16400 Colorado Boulevard Paramount, CA 90723-5012 Contact: Len Gorecki, (562) 220-2111 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Contact: Dave Verone, (714) 375-8471 Department of Transportation 464 W. Fourth Street San Bernardino, CA 92410-1400 Contact: Imad Abugharbieh, (951) 277-8579 Northwood Avenue Reconstruction Contract Amount: $1,180,OOQ.00 Start: 10/18/2010 Completed:, 5/4/2011 Cajon Blvd. Contract Amount: $565,000.00 Start: 3/11/2011 Completed: 4/8/2011 De Luz Road Rehabilitation Contract Amount: $740,000.00 Start: 4/25/2011 Completed: 5/23/2011 2010/2011 Citywide Reconstruction Contract Amount: $322,322.00 Start:_3/1/2011 Completed: 4/30/2011 Annual Contract Street Reconstruction Contract Amount: $3,433,415.00 Start: 5/1/2010 Completed: Still On -Going Neighborhood Street Resurfacing Contract Amount: $899,909.00 Start: 11/1/2010 Completed: 3/30/2011 Slater Avenue improvements ContractAmount: $1,926,341.00 Start: 8/2/2010 Completed: 2/30/2011 Route 91 Project Contract Amount: $5,732,8I2,00 Start: 3/1/2010 Completed: 3/30/2011 May 2, 2008 Doug Harrington P.O. Box 2229 Corona CA, 91718-2229 QUALIFICATIONS During my 31 years in the construction industry, I've held a variety of positions, ranging from equipment operations and maintenance to upper management positions supervising and directing all aspects of construction projects and project management from start ups to closeouts. I am knowledgeable and experienced in all areas of road construction. My areas of expertise include; Concrete Work, Fine Grading, Asphalt Paving, and Public Works operations. WORK HISTORY 1988 - Present: All American Asphalt, Corona CA I have been the Construction Manager since 1993 providing high quality service for all of our Asphalt Concrete, Cold Milling, Utility Adjusting and Public Works activities. Other positions held at All American Asphalt include Asphalt Paving Superintendent 1991 - 1993, Public Works and Grading Foreman 1988 -1990. 1985 - 1988: Parrott and Wright Construction Company Incorporated, Corona CA Fine Grading, Asphalt Paving and Public Works Foreman. These positions included supervision of individual asphalt paving crews, grading crews and public works crews and start up as well as completion of those projects. 1977- 1985: , Industrial Asphalt:(Huntmix Corporation), Anaheim & Irwindale, CA Operated and maintained asphalt paving equipment. Other positions held at Industrial Asphalt/Huntmix include Shop Welder during winter months. EDUCATION Golden West College - Associate Degree 2008 Huntington Beach, CA Plymouth Carver High School - Graduate 1977 Plymouth, MA May 2, 2008 Art Ramirez P.O. Box 2229 Corona CA, 91718-2229 WORK HISTORY 1980 - Present: All American Asphalt, Corona CA I have been the Paving Superintendent since 1993. I am directly responsible for our Asphalt Paving crews and operations. We currently run 14 crews on a daily basis. Safety, quality and customer satisfaction are high on my priority list. Other positions held 1982 —1993 Asphalt Paving Foreman and 1980 —1982 Asphalt Paving Operator. 1978 —1980: Guy F. Atkinson, CA During this time I was an Asphalt Paving Equipment Operator responsible for daily maintenance and operating of heavy equipment. 1976 — 1978: R. J. Noble Company, Orange CA During this time I was an Asphalt Paving Equipment Operator responsible for daily maintenance and operating of heavy equipment. City of Newport Beach BAYSIDE DRIVE AND AREA STREETS PAVEMENT REHABILITATION Contract No. 5212 NON -COLLUSION AFFIDAVIT State of California ) ' )ss, County of 2 fm i e ) �nc ��o clte being first duly sworn, deposes and says that he af-- > is moire resCe�Pl�k of A-'dvx: , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf c , any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of CalifDrnia that the fgyegoing is true and correct. Bidder Authorized Signature/Title 'Yl�r v° 1 Subscribed and sworn to (or affirmed) before me on this/?4 day of 2013 by ZkO4 �jP� proved to me on the basis of satisfactory evidence toibe the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ✓ / /j Notary Public c� REBECCA ANGELA PARRA :m.,• Commission # 2024844 [SEAL] a Notary Pu'lle - CoNtornia My Commission Expires: /� 0 Riverside County NI Com . E ' s Ma 17, 2017 13 City of Newport Beach BAYSIDE DRIVE AND AREA STREETS PAVEMENT REHABILITATION Contract No. 5212 DESIGNATION OF SURETIES O - 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): 14 City of Newport Beach BAYSIDE DRIVE AND AREA STREETS PAVEMENT REHABILITATION, Contract No. 5212 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name& Awt(\YA8 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 2012 2011 2010 2009 2008 Total 2013 No. of contracts Total dollar Amount of� kv f Contracts (in 4nvq(V �` �V\ \Z -V Thousands of$) A No, of fatalities 140--R lost Workday Cases _W0 O� e2 - of lost workday cases involving permanent transfer to another job or termination of Lgmplqyment 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 ALL AMERICANASPKALr To whom it may concern: On May 28, 2010 All American Asphalt filed a death claim Qlth=cii►r-workers' comp carrier. A brief description is listed below. An employee working at our Pacoima asphalt plant was operating, a scissor lift Inside the tunnel. He was raising himself to an area in the tunnel where pigeons were living. The employee was going to clear the area in order to keep these birds out of the plant. While raising himself to the area, our employee suffered health problems. The employee was found pinned between a beam in the tunnel and the control panel on the lift. He passed away upon arrival to the emergency roorTT Cal OSHA enforcement as well as an investigator from the Bureau of Investigations came out. No charges were filed from the bureau.. Two minor paperwork citations were given to All American Asphalt. We appealed them and got the citations reduced to "Notice Only" with no fine. Please call me at 909-815-8404 if you have any questions. On behalf of All American Asphalt, Sincerely, Bryan -Pease Consultant ALL AMERICANASPHALT INFORMATION On July 22, 2012, All American Asphalt employees were replacing concrete panels on the 405 freeway in Torrance. Around 3:35am two drunk drivers entered our work zone and fatality wounded two of our employees. We were informed both drivers tested positive for alcohol beyond the legal limit. The CHP advised on television that our work zone was well lit and that our traffic control was set in place according to plan. Cal OSHA Is investigating and has up to six months to complete their investigation. Please let me know if you have any questions. You may call me at 909-815- 8404 or e-mail me at brpeaselCabmsn.com if you have any questions. Sincerely, Bryan Pease Consultant Legal Business Name of Bidder N\\ Nne6ccw t,�sr,�ryy Business Address:` SJ, �p� �yZ� (��`CA` -t�2 Business Tel. No.: Os1V 1UL0 State Contractor's License No. and Classification:ip'��j Title 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 Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On October 11, 2013 before me, Rebecca Angela Parra, Notary Public Date Here Insert name and Title of the Officer personally appeared Mark Luer and Robert Bradley who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that h%ho/they executed the same in 4&/f /their authorized capacity(ies), and that by hisAw/their signature(s) on the instrument the person(s), or the entity upon behalf _ REBECCA ANGELA PARRA of which the person(s) acted, executed the instrument. +` ` Commission # 2024944 a �.:-ee 4 Notary Public -California z ` Y D I certify under PENALTY OF PERJURY under the laws of the State of z� ='" Riverside CountyCalifornia that the forgoing paragraph is true and correct. My Comm. Ex ires May 17, 2017f WITNESS my hand and offiic/i%al seal Signature w1'2i/fie— Z,� Place Notary Seal Above Sigilature 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 Proposal Document Date: _10/11/2013 Number of Pages: One (1) Signer(s) Other Than Named Above: Michael Farkas Capacity(ies) Claimed by Signer(s) Signer's Name: Mark Luer Signer's Name: Robert Bradley ❑ Individual ❑ Individual ❑ Corporate Officer — Title(&): President x Corporate Officer — Title(s): Vice President x Partner C ❑ Limited ❑ General RIGHT THUMBPRINT ❑ Partner r ❑ Limited ❑ General ❑ Attorney in Fact OF SIGNER❑Attorney RIGHT THUMBPRINT in OF SIGNER Fact ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: All American Asphalt All American Asphalt CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On October 11, 2013 before me, Rebecca Angela Parra, Notary Public Date Here Insert name and Title of the Officer personally appeared Michael Farkas who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their ��►�w+ signature(s) on the instrument the person(s), or the entity upon behalf REBECCA ANGELA PARRA of which the person(s) acted, executed the instrument. Commission # 2024944 �r Notary Public CaMornia i Z ;�_ s e a I certify under PENALTY OF PERJURY under the laws of the State of Z �. Riverside County My Comm. Ex fres May 17, 2017 California that the forgoing paragraph is true and correct. WITNESS my han and official seal. Signature Place Notary Seal Above Signature qPNotary 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 Proposal Document Date: 10/11/2013 Number of Pages: One (1) Signer(s) Other Than Named Above: Mark Luer and Robert Bradley Capacity(ies) Claimed by Signer(s) Signer's Name: Michael Farkas Signer's Name: it Individual ❑ Individual ❑ Corporate Officer — Title(&): Secretary x Corporate Officer — Title(s): x Partner C ❑ Limited ❑ General ❑ Partner I ❑ Limited ❑ General RIGHT THUMBPRINT RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER ❑ Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: All American Asphalt All American Asphalt City of Newport Beach BAYSIDE DRIVE AND AREA STREETS PAVEMENT REHABILITATION Contract No. 5212 Bidder's name &\,, ACflwmy-\ The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. 17 City of Newport Beach BAYSIDE DRIVE AND AREA STREETS PAVEMENT REHABILITATION Contract No. 5212 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: R / me ' ('�nYl Y, %(,/bA Business Address: qft) �. S�y cv , z� } �br� r Gl (A, OrLslo� Telephone and Fax Number: O\�-Iajo7lUDD �at `1 big 11th lr California State Contractor's License No. and Class A (REQUIRED AT TIME OF AWARD) Original Date Issued: i 1\0,1L Expiration Date: 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 Telephone i11 T 1I 1111 Corporation organized under the laws of the State of aju , /l. im The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: 13 All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. aJo For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /�9 19 Are any claims or actions unresolved or outstanding? Yes / If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. O&A )—Ii1Fx (Print name of Owner or President Date On before me, Notary Pude,' personally appeared who prov to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are sybscribed to the within instrument and acknowledged to me that he/she/they executed the sayeir his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrumerson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the lawsof trState of California that the foregoing paragraph is true and correct. V 5 WITNESS my hand and official seal. Notary Public in and for said State My Commission Expires: 20 (SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT personally appeared Robert BradleV 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 he4he/they executed the same in REBECC~AGE A PPARR�ie/ hie/her/their authorized capacity(ies), and that by hisEher/their Commission 0 2024944 signature(s) on the instrument the person(s), or the entity upon behalf *t` Notary Public • California of which the person(s) acted, executed the instrument. Riverside County M Comm. Ex ires Ma 17, 2017 J I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above ign a of Notary Frublic 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 Proposal — Information Required of Bidder Document Date: _10/11/2013 Number of Pages: Three (3) Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradley ❑ Individual ❑ Corporate Officer — Title(&): Vice President x Partner F ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: All American Asphalt Signer's Name: ❑ Individual x Corporate Officer — Title(s): _ ❑ Partner F ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: City of Newport Beach BAYSIDE DRIVE AND AREA STREETS PAVEMENT REHABILITATION Contract No. 5212 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 BAYSIDE DRIVE AND AREA STREETS PAVEMENT REHABILITATION CONTRACT NO. 5212 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 13th day of November, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ALL AMERICAN ASPHALT, a California corporation ("Contractor"), whose address is 400 E. Sixth Street, Corona, CA 92879, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: Bayside Drive and area streets pavement rehabilitation. 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 existing raised pavement markings, and raised pavement markers; (4) removing existing pavement, curb and gutter, curb access ramps; (5) grinding (cold mill), clearing existing pavement surfaces of debris, soils, and other loose materials, reconstructing and overlay roadway; (6) constructing curb, curb and gutter, sidewalk, and curb access ramps; (7) adjusting utility and survey facilities; (8) installing truncating domes, traffic striping, pavement markings, traffic loops and raised pavement markers; (9) coordinating with outside utility owners to have facilities raised to grade; and (10) other incidental items to be completed in work place required by the Plans and Specifications (the "Project" or "Work"), C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 5212, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Million Two Hundred Seven Thousand Two Hundred Seven Dollars and 00/100 ($1,207,207.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the Work by City. 4. 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 City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). Ail American Asphalt Page 2 5. WRITTEN NOTICE 51 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 5.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at. Attention: David A. Webb, Director City of Newport Beach Public Works Department 100 Civic Center Drive P.0, Box 1768 Newport Beach, CA 92658 5.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Robert Bradley All American Asphalt 400 E. Sixth Street Corona, CA 92879 Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit A, and incorporated herein by reference. 7.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 7,2 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, All American Asphalt Page 3 obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 7.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims°), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 7.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 7.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 7.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 7.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 7.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. All American Asphalt Page 4 8. CHANGE ORDERS 8.1 This Contract may be amended or modified only by mutual written agreement of the parties. 8.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 8.3 There shall be no change in the Contractor's members of the project team, as fisted in the approved proposal, which is a part of this contract without prior written approval by the City. 9. 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. 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 11. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 12. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] All American Asphalt Page 5 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C.1H arp City Attorney ATTEST: 1, Date: / IU '„,' By: nk�- Leilavhyill. ffrown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: B: Y _ 14-11-� /,/ Keith D. Cur Mayor CONTRACTOR: All American Asphalt, a Californi cor oration Date: �� 2 Markt Luer President Date: \ k I 'L I o By: CA -- Michael Far Secretary [END OF SIGNATURES] Attachments: Exhibit A — Insurance Requirements Exhibit B -- Labor and Materials Payment Bond Exhibit C -- Faithful Performance Bond All American Asphalt Page 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On November 21, 2013 before me, Donna Thorne, Notary Public Date Here Insert name and Title of the Officer personally appeared Mark Luer and Michael Farkas who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in #Whey/their authorized capacity(ies), and that by 4Wher/their DONNA THORNE signature(s) on the instrument the person(s), or the entity upon behalf Commission # 1892010 of which the person(s) acted, executed the instrument. a� Notary Public -California z Riverside County California that the forgoing paragraph is true and correct. o My Comm. Expires Jun 7, 2014 WITNESS my hand and official seal. Signature �h:��L� Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Contract No. 5212 Document Date: 11/13/2013 Number of Pages: Six (6) Signer(s) Other Than Named Above: City of Newport Beach Capacity(ies) Claimed by Signer(s) Signer's Name: Mark Luer ❑ Individual ,z'Corporate Officer — Title(s): President ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: Signer's Name: Michael Farkas ❑ Individual corporate Officer — Title(s): Secretary ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: er is Representing: INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractors indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class Vll (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than five million dollars ($5,000,000) per occurrence, ten million dollars ($10,000,000) general aggregate and ten million dollars ($10,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an All American Asphalt Page A-1 insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Builder's Risk Insurance, For Contracts with property exposures during construction, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 100% of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide City with a copy of the policy. • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed All American Asphalt Page A-2 officers, agents, officials employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contraotor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. All American Asphalt Page A-3 E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self - insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. I. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from All American Asphalt Page A-4 Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. All American Asphalt Page A-5 Premium is included in the performance bond Executed in Two (2) Parts EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 7638154 WHEREAS, the City of Newport Beach, State of California, has awarded to All American Asphalt hereinafter designated as the "Principal," a contract for BAYSIDE DRIVE AND AREA STREETS PAVEMENT REHABILITATION, C-5212, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Fidelity and Deposit Company of Maryland duty authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Million Two Hundred Seven Thousand Two Hundred Seven Dollars and 001100 ($1,207,207.00) 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 attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 of seq. of the Civil Code of the State of California. All American Asphalt Page B-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 19th day of November 12013 . All American Asphalt/,--<- Name of Contractor (Principal) orized Si nature Fidelity and Deposit Company of Marylanded _ Name of Surety xt r¢Agent Signature 777 S. Figueroa Street, Ste. 3900, Los Angeles, CA 90017 William Syrkin, Attorney -in -Fact Address of Surety Print Name and Title (213) 270-0600 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt Page B-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On November 21, 2013 before me, Donna Thome. Notary Public Date Here insert name and Title of the Officer personally appeared Robert Bradley Names) of Signor(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/are subscribed to the within instrument his/he#theiv authorized capacity(ies), and that by hisl4er/Naeir KMsa Q signature(s) on the instrument the person(&), or the entity upon behalf ? LGi,NA 1HCRNE of which the person(&) acted, executed the instrument. Commission # 1892010 s ; Uutzry Public - California I certify under PENALTY OF PERJURY under the Taws of the State of ° Riverside County n California that the forgoing paragraph is true and correct. 4 _ My Comm Expires Jun 7, 2014 WITNESS my hand and official seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Labor & Materials Payment Bond No. 7638154 Document Date 11/19/2013 Number of Pages: Three (3) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(les) Claimed by Signer(s) Signer's Name: Robert Bradley ❑ Individual XCorporate Officer —Title(s): Vice -President o Partner —❑ Limited ❑ General o Attorney in Fact o Trustee ❑ Other: Signer's Name: o Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — o Limited o General Top of thumb here I ❑Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: All Gmcrirnn Gcnhnif I Signer is Representing: Top of ACKNOWLEDGMENT **See Attached for Attomey-in-Fact Acknowledgment** State of California County of ss. On _ _... 20� before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shetthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, Signature (seal) ACKNOWLEDGMENT State of California County of .. _ __} ss. On _. 20 before me, Notary Public, personally appeared _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature All American Asphalt (seal) CALIFM;IA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE '•.4Yie.[ !a'tl al.\.•..� .a - ,aY`..%.��.ii<.aC.a .n .i�a[c2.•f&< c f.•,«tL,mz.a \t.a✓atr�'Nv\`z mz r�z.s� .a :� .a�<.a`,Az!a"'<FGCi � ,wt r -,a a� .w<, State of California County of Orange On 11/19/201.3 before me, R. Paramo, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Place Notary Seal Above Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(e) whose nameM is/wee subscribed to the within instrument and acknowledged to me that he/eAeA*i4y executed the same in his/Aorttlaslr authorized capacity(fes), and that by his/heiAheir signatures) on the instrument the person*, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under P LTY OF PERJURY under the Taws of the Stat of Califor i -fat, hat the foregoing paragraph is tr and corre WITNESS my hand)and offi al sed. Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document tabor and Materials Title or Type of Document: Payment Bond No. 7638154 Document Date: 11/19/2013 Number of Pages: Three 3) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin O Corporate Officer — Title(s): _ 0 Partner — CI Limited ❑ General d Individual OAttomey In Fact ❑ Trustee D Guardian or Conservator x� Other: — Signer's Name • Corporate Officer —Tftle(s): • Partner — 0 Limited a General • individual 17 Attorney In Fact • Trustee C Guardian or Conservator ❑ Other., Signer♦ • SignerRepresenting: Fidelity1•Company of Maryland \. `.. Nx '✓[(. fa!iti�:<✓. •vcL �c:L,4C 5 � 'd4t✓• ' .0 40v.0%S�q 10.1 R. PARAMO -^' �,, -• , Commission # 2035890 <:--re � z `R-=�: Notary Public - California z ' � Oranga County M Gomm. n Pies nt 5, 2011 Place Notary Seal Above Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(e) whose nameM is/wee subscribed to the within instrument and acknowledged to me that he/eAeA*i4y executed the same in his/Aorttlaslr authorized capacity(fes), and that by his/heiAheir signatures) on the instrument the person*, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under P LTY OF PERJURY under the Taws of the Stat of Califor i -fat, hat the foregoing paragraph is tr and corre WITNESS my hand)and offi al sed. Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document tabor and Materials Title or Type of Document: Payment Bond No. 7638154 Document Date: 11/19/2013 Number of Pages: Three 3) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin O Corporate Officer — Title(s): _ 0 Partner — CI Limited ❑ General d Individual OAttomey In Fact ❑ Trustee D Guardian or Conservator x� Other: — Signer's Name • Corporate Officer —Tftle(s): • Partner — 0 Limited a General • individual 17 Attorney In Fact • Trustee C Guardian or Conservator ❑ Other., Signer♦ • SignerRepresenting: Fidelity1•Company of Maryland \. `.. Nx '✓[(. fa!iti�:<✓. •vcL �c:L,4C 5 � 'd4t✓• ' .0 40v.0%S�q 10.1 PRF763&954 Band Number City of Newport Beach Obligee ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALI, MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by Geoffrey Delisio, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full farce and effect on the date hereof, do hereby nominate, constitute, and appoint William Syrkin its true andlawful agent and Attomey-in-Pact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York, the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this Im, day of Nowfmber A.D. 2013 ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURE FY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 00 t ya�r`t,14.NO—w,:.Yt•tS�� C" i, S tJ`�`....... rV e Assistant Secretary �f I ice President Gerald F. Haley Geoffrey Delisio State of Maryland County of Baltimore On this ,em day of November , A.B. 2013 , before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Geoffrey Delisio, Vice President and Gerald F. Baldy, Assistant Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swum, deposeth and saidr, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seats of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 1IIS31}tr{�:. Constance A. Dunn, Notary Public ;. a:, ;,ua`• /,. My Commission Expires: July l4, 2015 Premium is for contract term and is subject to adjustment based onfiinalcontract price EXHIBIT C Executed in Two (2) Parts CITY OF NEWPORT BEACH BOND NO. 7638154 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,768.00 , being at the rate of $ 3.95 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, ties awarded to All American Asphalt hereinafter designated as the "Principal," a contract for BAYSIDE DRIVE AND AREA STREETS PAVEMENT REHABILITATION, C-5212, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference, WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and _ Fidelity and Deposit Company of Maryland duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Million Two Hundred Seven Thousand Two Hundred Seven Dollars and 00/100 ($1,207,207.00) 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. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. All American Asphalt Page C-1 ,,,,, ,,,,,,;, H,w,:�,ttti,+aw..au3;�a,.msui.,ocscxiv,�zvz§u�ua�kt st~;,tuhc�tuvuz S.S.Fu ay.E.;;�+kav+�a�m�w^'„uti�ealYu',St'.,Y.,iY,�a>`�s`N;SV1rn;1taa1,�.t1N`„t�v;�'bF1'��u�`r,�i`i^riNtitP�ia'`aJ�;t,n",+,inntiti'�'�,laY';�k�13'�'�.�Wa"�??*a'Uiu. troi��'roaitri�e.�1r5+wi`�`dtio,�l�i' Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 19th __ day of November 12013 , All American Asphalt _ Name of Contractor (Principal) Fidelity and Deposit Company of Magland Name of Surety 777 S. Figueroa Street, Ste. 3900, Los Angeles, CA 90017 Address of Surety (213) 270-0640 Telephone Agent Signature William Syrkin, Attorney -in -Fact Print Name and Title u NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt Page C-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On November 21, 2013 before me, Donna Thorne, Notary Public Data Hera Insert name and Title of the Officer personally appeared Robert Bradley Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) Ware subscribed to the within instrument his/4e4their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(a), or the entity upon behalf DONNA THORNS of which the person(s) acted, executed the instrument. Commission # 1892010 Notary i PubRiverside - California n I certify under PENALTY OF PERJURY under the laws of the State of Riverside County California that the forgoing paragraph is true and correct. -, My Comm. Expires Jun 7, 2074 , WITNESS my hand and official seal. Signature AB � , c J/G /ih IC Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Faithful Performance Bond No. 7638154 Document Date 11/19/2013 Number of Pages: Four (,4) Signer(&) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer(a) Signer's Name: Robert Bradley ❑ Individual X Corporate Officer— Title(s): Vice -President o Partner— o Limited o General o Attorney in Fad ❑ Trustee Top of thumb here ❑ Other: Signer's Name: o Individual ❑ Corporate Officer—Title(s): o Partner— o Limited o General ❑ Attorney in Fad ' o Trustee a Other: 77777 Signer is Representing: An A.,. A'o. AcnhnN Signer is Representing ACKNOWLEDGMENT ""See Attached for Attorney -in -Pact Acknowledgment" State of California County of � ss. On _ _._, 20 before me, Notary Public, personally appeared I who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT State of California County of (seal) On �.._...— 20— before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature All American Asphalt (seal) IIIIII`-.WIin�x;..r:,�.uareuxtiamanza,w: All American Asphalt �ALIIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE C��YCwICCaKc\t.q2:vi4.Wf.cffn^/w4\2�12/1✓SV{..Y 1.Y.PV,y�f/,zU'T<.s\':l\2.pY.s\�YaN:\✓ Y.a2 { .y^� . \���.TCIa^ C4\U.:i+C �.Y\<. u4'.c\f/T<.T</ State of California County of Orange On 11/1912013 before me, R. Paramo, Notary Public Date Mere Insert Name and Title of the Officer personally appeared William Syrkin Names) of Signer(s) R. PARAMO Commissions # 2035890 a ti a' Notary Public - California z z Orange County a M Comm_ L fres Aua 5, 2017' Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(a) whose name(&) Ware subscribed to the within instrument and acknowledged to me that he/&hoA#ey executed the same in his/hw;4hw r authorized capacity(iee), and that by his/14ei4geii, signature* on the instrument the persons} or the entity upon behalf of which the person(r4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is truean c I WIT,ESS-ray hand d offtci I seal ` Sig latdr } Si nature of Notary Public OPTION41 Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this fora to an unintended document. Description of Attached Document Title or Type of Document: Faithful Performance Bond No. 7638154Document Date: 11/19/2013 Number of Pages: Four 4) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin ❑ Corporate Officer — Title(s): • Partner — 0 Limited 11 General 0 Individual MAttorney in Fact • Trustee O Guardian or Conservator I Other. Signer's Name: 0 Corporate Officer — Title(s): n Partner — O Limited %1 General ❑ Individual ❑ Attorney in Fact ❑ Trustee 11 Guardian or Conservator 0 Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland :.�.5\„�M1 7;y.G(V '%\vG\N �1G�G(✓ J 4•L+IV\ 4GU<\{J 'Y \/G�,4�J-''�/SV42�bG'.SS✓G\✓1+�AV�^/'V(\�'S\YS'✓4(Yy"\z._f<\dGCa"✓G �G\V Y.'✓.%' AIZ� CERTIFICATE OF LIABILITY INSURANCE r DATE /1H/20 3Y THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder i3 an ADDITIONAL INSURED, the policy(les) must be endorsed. 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 endorsoment(s). PRODUCER LIC #OB29370 1-925-244-7700 Edgewaod Partners Insurance Centers (EPIC) [Irvine Branch) P.O, Box 5003 CONTACT Certificate Department PHONE , (925) 244-7700 (NC NoY (925) 901-0671 EPICcertsBEdgewoodIne.com -ADDRESS: INSURERS AFFORDING COVERAGE NAIL If San Ramon, CA 94583 INSURERA: ARCH SPECIALTY INS CO 21199 GPPOO2265805 INSURED INSURERS: ZURICH AMER INS CO 16535 All American Asphalt C NATIONAL UNION FIRE INS CO OF PITTS 19445 _INSURER INSURER D: P.O. Box 2229 _ MEURER E. .Corona, CA 92878-2229 INSURER F: COVERAGES CERTIFICATE NUMBER: 36993817 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INSR LTR TYPE OF INSURANCE P.O. Box 1768 POLICY NUMBER OUCYEFF (MMIDD/YYYY1 POUCYEXP IMMIDDIYYYYILIMITS USA A GENERAL LIABILITY GPPOO2265805 08/01/1 08/01/14 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MAGE O OCCUR EMAGE R N n� $ 1QQ. 400 M_£O EXP {A.ryone parson) PERSONAL B ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 GENT AGGREGATE _ LIMIT APPLIES PER: PRODUCTS -COMPIOP AGO $2+000,000 $ POLICY X PRO- LOC JECTB AUTOMOBILE LIABILITY BAP 571088011 MBINED SINGLELIMIT (Fp acadenit 2,000,000 BODILY INJURY(Par person) S ANY AUTO BODILY INJURY(Pal accident)AUTOSHIRER IX AAUU TOS OWNEQ $CHEDVLED AUTOS X ''CNI�OWNED PROPERTY DAXGE $ b C UMBRELLA UAB X OCCUR BE11665540 08/01/l,08/01/14 EACHOCCURRENCE $ 10,000,000 AGGREGATE $ 10, 000, 000 X EXCM IJAS .CLAIMS -MADE DER X RETENnON$10,000 POl lOwi -Form $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY MYPROPRIETERPEXCLURR/EXECUTIVEh OFFICERIMEM(Mandatary In NR) N/A WC593205700 Q8/O1/1 08/01/14 X WCSTAIU• OTH- - — - E,L. EACH ACCIDENT $1,000,000 E,L. DISEASE -EA EMPLOYEE $ 1,000,000 ityes, descdM under DESCRIPTIOR OF OPERATIONS b, E.L. DISEASE- POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLE$ (Attach ACORDIOI.Addhf nalRmadrsftE dnie,8morespacehr 9ulmdl Contract #5212 / RE: Bayside Drive and Area Streets Pavement Rehabilitation / t2) Certificate Holder is Additional Insured if Required by Written Contract Excluding Workers Compensation CERTIFICATE HOLDER CANCELLATION ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD AHilgen-IRV 36993817 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Newport Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 1768 AUTHORIZED REPRESENTATIVE..•-- Newport Beach, CA 92633 CY USA ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD AHilgen-IRV 36993817 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF-INSURED RETENTION COVERAGE FORM SECTION If — 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. l05117TImM. Project City of Newport Beach its elected or appointed officers, agents, Contract #5212 / RE: Bayside Drive and Area Streets officials employees and volunteers Pavement Rehabilitation / Endorsement Number. This endorsement Is oftective on Ne inception date of mis policy unless olherwiss stated herein (The informatidn below is required only when this endorsement is issued subsequent to the preparation of tie poltcy.) Policy Number. GPPOU255805 Named! Insurad: All Amedcen Asphalt Endorsement Effective Gala: 8/1/13 00 CGt.0006000507 3378 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 non-contributory, 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 #5212 / RE: Bayside Drive and Area Streets Pavement Rehabilitation / 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: GPP002265805 Named Insured: All American Asphalt Endorsement Effective Date: 811/13 00 CGL0130 00 09 06 Page 1 of 1 3378 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, agents, Contract #52121 RE: Bayside Drive and Area Streets officials employees and volunteers Pavement Rehabilitation / Under SECTION N — 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: GPP002265805 Named Insured: All American Asphalt Endorsement Effective Date: 08101/13 00 CGL0121 00 09 06 Includes Copyright Material from Insurance Services Office, Inc. Page 1 of 1 3378 POLICY NUMBER: BAP 5571088-01 COLNERCIAL AUTO CA til 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. N , � This endorsement modifies Insurance provided under the following: • i` WAh respect to coverage provided by this endorsement, the provisions of the coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are Insureds" under the Who Is An Insured Provision of theCoverage overage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 08/01/2013 SCHEDULE Nacre at Parsor(s) or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON—CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW, Schedule Project City of Newport Beach its elected or appointed officers, Contract #5212 / RE: Bayside Drive and Area Streets agents, officials employees and volunteers Pavement Rehabilitation / (if no entry appears above, informatlon required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule Is an 'Insured" for Liability Coverage, but only to the edent that person or organization qualities as an'Insured' under the Who is An Insured Provision contained in Ssotion II of the Coverage Form. CA 204802 99 Copyright, Insurance Services Office, Inc., 1998 Page i of 1 t3 3378 WaherOf Transfer Of RigOf Recovery Against Odturs To Us Patiry Na. E££onte of PnL Date aE PaL a,oats"£Fnd_ MPS5710B801 06/0112013 04,101/2014 04/41112014 This endorsement is issued by the compairy named in the Declarations. It changes the policy on the efibetive date listed above at the hour stated in the Declarations. THIS END0RSEN ,,N!T CtINNGESTFIE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies maurux" provided under the: Business Auto Coverage Form Truckers Coverage room Garage Cowrage Ferns NfolarCanierCoverare Farm SCHEDULE Name of Person or Organization: ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT theduieC3F SDBROGATION BE PROrojlectpUNDER THIS POLICY City of Newport Beach Its elected or appointed officers, agents, Contract #5212 J RE: Bayside Drive and Area Streets officials employees and volunteers Pavement Rehabilitation l We waive tory right of rear+ery we may have against the designated person or organization shm'n in the schedule because of paymentswe make for injury or damage caused by an "accident' or "icss" resulting from the ownership, maintenanm. or use of a covered "auto" for which a Waiver of Sntuagation is required in conjunction with work performed by you for dle designated perm or organization. The waiver applies only to the designated person or organization shown in the schedule. U -CA -920-B CW (4194) Pass I of I As—Ccpr 3378 WORKERS' COMPENSATION AND EMPLOYERS' LiAStL#TY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA NDORSE ENT—CALIFORNIA This endorsement charges the policy to which it Is attached effective on the inception date of the policy Mess a different date is Indicated below. {fhehK4v+ "after ftw;p 'nom$be cis` edarty vkf Stirendwfe ntas 6saa d bsegmntto pmpwatkm ofttzp y.) This endorsement, effactive on 08,,1) U2013 Policy No. WC5932t137-00 of the Zurich Americart Insurance Company Issued to Al American Asphalt at 12:Ot A.M. standard time, forms a pert of (NAME OF INSUROkNCE COMPANY) We have the right to recover our payments from anyone fable for an injury cornered by this policy. We will not enforce our right against the person or organization named in the $chorine. (This agreement applies only to the extent that you perform Avk under a written contrast that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remasaoration of your employees while argaged In the work described in the Schedule. The additional premium for this endorsement shall be ° , of the Catifomla workers" compensation pre- rnum otherwise due on such remuneration. Schedule Person or Organization Job Description City of Newport Beach its elected or appointed officers, Contract #52121 RE: Bayside Drive and Area Streets agents, officials employees and volunteers Pavement Rehabilitation / ALL PERSONS AND/OR ORGANMATIONS THAT AREREQUtRED BY WRITTEN CONTRACTOR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OE SUBROGATION SE PROVIDED UNDER TttS POUCY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. W004 43 06(Ed 4 4) Paget oft 3376 CITY OF NEWPORT BFACH BUSINESS TAX CERTIFICATE THIS TAX PAYMENT EXPIRES: 04/30/2014 ACCOUNTNUMBER: BT00007128 SERVICE ADDRESS: OWNER/PRINCIPAL NAME: ALL AMERICAN ASPHALT - ALL AMERICAN ASPHALT 400 6TH 5T E OWNERSHIP TYPE: CORONA, CA 92878 CORPORATION BUSINESS CATEGORY: TAX INCLUDES PAYMENT FOR: HIGHWAY & STREET CONSTRUCTION 0 EMPLOYEES SELLERS PERMIT: NO SELLERS PERMIT DATE OF ISSUE: 05/02/1980 PRINT DATE: 05/02/2013 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. x Date Received: 11127/13 Dept./Contact Received From: Date Completed: 1/3114 Sent to: Company/Person required to have certificate: Type of contract: Vladimir Vladimir By: Chris All American Asphalt All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 8/1/13-8/1/14 : 8/1/13-8!1/14 A. INSURANCE COMPANY: Arch Specialty Ins C: National Union Fire Ins C0 Pitt pA umbrella B. AM BEST RATING (A-: Vii or greater): A+:IX : A:XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes N No 1,000,000/2,000,000 D. LIMITS (Must be $1 M or greater): What is limit provided? 10,000,000 Umbrella E. ADDITIONAL INSURED ENDORSEMENT — please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): is it included? (completed Operations status does not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) N Yes [ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes Q No L PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? N Yes ❑ No J. 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 N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes [] No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 8/1/13-8/1/14 A. INSURANCE COMPANY: Zurich American Insurance Company B. AM BEST RATING (A-: VII or greater) A+:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes El No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 2,000,000 E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): N N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A 2 Yes © No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 8/1/13-8/1/14 A. INSURANCE COMPANY: Zurich American Insurance Company B. AM BEST RATING (A-: VII or greater): A+:XV C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV, PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? Approved: "' Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 1/3/14 Date ® Yes © No ® Yes 0 No 1,000,000 FA Yes, ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A 0 Yes 0 No ® N/A ❑ Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approva€1exception/waivec RM approval needed for non -admitted status of general liability carrier. Approved by Sheri 12-23-13 Sheri approvas elimination of builder's risk reouirement. 12-23-13 Approved: Risk Management Date * Subject to the terms of the contract. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 BAYSIDE DRIVE AND AREA STREETS PAVEMENT REHABILITATION CONTRACT NO, 5292 DATE: October 1, 2013 BY: 2, A i�, Public w6iks, ire for TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents – all other conditions shall remain the same. Replace Proposal sheet's 1-7 to include comparative bid item. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. L\ AMLKx nny\ Bidder's Name (Please Print) �— �o1q,lt Date ,-y , , nature & Title i:tuserstpb*shavedtcontmztsXy 13-141c-5212 - Bayside dris area pavement rehabiaddendum M. SP 1 OF 23 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS1a \Y Exp. CONTRACT NO. 6212 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R-6032-5); (3) the City's (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications 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 WORK TO BE DONE. 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 existing raised pavement markings, and raised pavement markers; (4) removing existing pavement, curb and gutter, curb access ramps; (5) grinding (cold mill), clearing existing pavement surfaces of debris, soils, and other loose materials, reconstructing and overlay roadway; (6) constructing curb, curb and gutter, sidewalk, and curb access ramps; (7) adjusting utility and survey facilities; (8) installing truncating domes, traffic striping, pavement markings, traffic loops and raised pavement markers; (9) coordinating with outside utility owners to have facilities raised to grade; and (10) other incidental items to be completed in work place required by the Plans and Specifications. 2-9 SURVEYING 2-9.1 Permanent Survey Markers, The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the SP2OF23 City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." 2-9.4 Line and Grade. 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. 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 Surveyor's 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. SECTION 3 ---CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. (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 3) Equipment Rental ........................... 15 4) Other Items and Expenditures.....,..... 15 To the sum of the costs and markups provided for in this subsection, one (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(x) shall be applied to the Subcontractor's actual cost (prior to any markups) 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. SP3OF23 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 Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 ---UTILITIES 5-1 LOCATION. Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better. 5-2 PROTECTION. 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 replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, AT&T Telephone, cable television, and any other utility facilities to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the Project Schedule. SP 4 OF 23 SECTION 6 ---PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. The time of completion as specified in Section 6-7, shall commence on the date of the `Notice to Proceed. 6-1.1 Construction Schedule. No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre - construction meeting. 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 that 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. The Contractor shall complete all work under the Contract within 45 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work. 6-7.2 Working Days. Work shall not be allowed on any City holiday, defined as January 1st (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 4th the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p,rn , Monday through Friday. 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. SP5OF23 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 outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. The contractor will not be allowed to work on Bayside Drive, Harbor Island Drive and Harbor Island Road December 18th to 22nd due to the Newport Beach Christmas Boat Parade. Sequence of Construction: 1. Avocado Avenue 2. Harbor Island Drive/Road 3. Bayside Drive 6-9 LIQUIDATED DAMAGES. For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500. Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages 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 continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services. If the Contractor elects to use City water, he shall arrange for a meter and tender an $857 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. SP 6 OF 23 City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water. 7-7 COOPERATION AND COLLATERAL WORK. City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shutdown of water and/or sewer 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. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. The City must approve any nighttime work in advance. it is the Contractor's responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down. 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 the Utilities Operation Manager, at (949) 718-3402. 7-8 WORK SITE MAINTENANCE 7-8.4.3 Storage of Equipment and Materials in Public Streets. Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control. 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 Manua/ which is available for review at the Public Works Department or can be found on the City's website at www.newportbeacclhca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com. SP 7 OF 23 7-8.6.2 Best Management Practices (BMPs). The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-8.7.2 Steel Plates. Steel plates utilized for 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. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (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). 7-10.3 Street Closures, Detours and Barricades. The Contractor shall submit to the Engineer - at least five working days prior to the pre -construction meeting - a traffic control plan showing typical closures and detour plans(s). 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. Typical closures shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 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. 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction when completing their work. 6. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure 7. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure." 7-10.4 Safety 7-10.4.1 Safety Orders. 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 taws, 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. SP 9 OF 23 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 by the City at no cost to the Contractor. However, the City reserves the right to charge $2.O0 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 City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-10.6 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 504 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice, 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. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 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 an ®A° License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. 7-16 CONTRACTOR'S RECORDS/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 SP 10 OF 23 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 shall be documented on the "As -Built" drawings. The "As -Built" shall be submitted and approved by the Engineer prior to final payment or release of any bonds. 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. 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 separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization/Demobilization & Cleanup: 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, It shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA Markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Surveying Services: Work under this item shall include surveying, including restoration of 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 file any required Record of Survey or Corner Records. This item includes furnishing all labor, tools, equipment and materials necessary to comply and no other compensation will be allowed thereafter. Item No. 3 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, if required, preparing 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 boards and changeable message signs, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials SP 11 OF 23 necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 4 Cold Mill Asphalt Pavement (1-112" to 2" Depth): Work under this item shall include removing and disposing of the existing AC pavement, and all other work items as required to complete the work in place. After contractor has cold milled a street, they shall, at a minimum, base pave the area within 72 hours. Item No. 5 Cold Mill Asphalt Pavement (2" Depth): Work under this item shall include removing and disposing of the existing AC pavement, and all other work items as required to complete the work in place. After contractor has cold milled a street, they shall, at a minimum, base pave the area within 72 hours. Item No. 6 Construct 2 -Inch Thick AC Overlay Course Type ARHM GG: Work under this item shall include constructing 2° thick pavement type ARHM, tack coating, and all other work items as required to complete the work in place. Item No. 7 Remove and Replace Existing Traffic Signal Loop: Work under this item shall include all labor, tools, equipment, and material costs to remove and replace traffic signal detector loops (lead loops shall be per City of Los Angeles STD S-70.1 D and presence loops shall be Type E per Caltrans STD PLANS ES -5A and ES -5B), make electrical connections and wirings to existing pull boxes, test and calibrate the new signal loop detectors and all other work items as required to complete the work in place. Item No. 8 Remove and Reconstruct 6 -inch P.G.C. Curb and Gutter Per CNB Std -182-L: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing Type "A" P.G.C. curb and gutter per CNB STD -182-L, 12" wide x 12° deep A.C. patch back, installing dowels, curb painting, re -chiseling of curb face for existing underground utilities, restoring all existing public and private improvements damaged by the work, making in-kind repairs to private improvements impacted by the work such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions, and all other work items as required to complete the work in place. Location of curb and gutter removals and construction shall be per Work Schedule and as directed by the Engineer during construction. Contractor shall complete all private improvement repairs within five (5) calendar days of City notification. Item No. 9 Remove Enhanced Paving at Landscape Median Island: Work under this item shall include removing and disposing of the existing paving material. 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. 10 Remove and Construct P.C.C. Access Ramp: Work under this item shall include, but not limited to, sawcutting, all labor and materials relating to removing, disposing existing improvements, importing and compacting subgrade, and constructing SP 12 OF 23 P.C.C. Curb Access Ramp including minimum twelve square feet of raised truncated domes per CNB STD -181-L, retaining curbs, 12" wide x 12" deep AC patch back, curb painting, grooving, doweling into adjacent sidewalk and all other work items as required to complete the work in place. Location of access ramp removals and construction shall be per Work Schedule and as directed by the Engineer during construction. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc. (715) 359-3121 of Wisconsin. The Contractor shall have inspected the locations where new access ramps are to be installed and the unit price bid shall apply to all City standard curb access ramp cases required. Item No. 11 Install Truncated Domes at Existing Access Ramp Per CNB Std -181-L: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing and disposing of conflicting portions of concrete access ramp, constructing concrete base, installing minimum twelve square feet of raised truncated domes per CNB STD -181-L, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc. (715) 359-3121 of Wisconsin or equal. Omission of this payment item in its entirety shall not result in any compensation. Item No. 12 Sawcut and Remove Existing ACJAB Street Section and Native Soil (9-1/2" Depth): Work under this item shall include removing and disposing of the existing AC pavement and base, and all other work items as required to complete the work in place. Removals and replacement of base course A.C. shall be completed within the same day. Item No. 13 Construct A.C. Base Course Type III -B2 -PG 64-10 (7-1/2" Thick): Work under this item shall include constructing 7-1/2 inch thick asphalt pavement base course and all other work items as required to complete the work in place, Including an application of an approved weed kill herbicide. Item No. 14 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. Plastic manhole extensions will not be allowed. Item No. 15 Remove and Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing sidewalk, compacting subgrade, constructing 4 -inch thick minimum P.C.C. sidewalk per CNB STD -180-L, installing temporary AC sidewalk, adjusting sidewalk to grade to match adjacent improvements, making in-kind repairs to private improvements impacted by the work such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions, and all other work items as required to complete the work in place. Location of sidewalk removals and construction shall be per Work Schedule and as directed by the Engineer during construction. Contractor shall complete all private improvement repairs within five (5) calendar days of City notification. SP 13 OF 23 Item No. 16 Remove and Construct 4 -Inch Thick Colored P.C.C. Sidewalk: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing sidewalk, compacting subgrade, and constructing 4 -inch thick minimum colored/stamped P.C.C. sidewalk per CNB STD -180-L, installing temporary AC sidewalk, adjusting sidewalk to grade to match adjacent improvements, making in-kind repairs to private improvements impacted by the work such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions, and all other work items as required to complete the work in place. Location of sidewalk removals and construction shall be per Work Schedule and as directed by the Engineer during construction. Contractor shall complete all private improvement repairs within five (5) calendar days of City notification. Sidewalk shall be Lica color °Chromix Adobe Tan No. C-21" by L.M. Scofield Company. Item No. 17 Remove and Replace Residential Driveway Approach: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing, and disposing existing improvements associated with curb and gutter removals, and constructing P,C.C. driveway approach per CNB STD -164-L, 12" wide x 12" deep A.C. patch back, steel plating, restoring all public and private improvements impacted by the work; such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions, and all other work items as required to complete the work in place. Location of driveway removals and construction shall be per Work Schedule and as directed by the Engineer during construction. Contractor shall complete all private improvement repairs within five (5) calendar days of City notification. Location of driveway removals and construction shall be directed by the Engineer during construction, Item No. 18 Remove and Replace Commercial Driveway Approach: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing existing improvements and constructing P.C.C, driveway approach per GNB STD -161-L, 12" wide x 12" deep A.C. patch back, steel plating as needed to provide access during non -working hours, restoring all public and private improvements impacted by the work; such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, sod, other private improvements to preconstruction conditions and all other work items as required to complete the work in place. Location of driveway removals and construction shall be per Work Schedule and as directed by the Engineer during construction. Contractor shall complete all improvement repairs within five (5) calendar days of City notification. Location of driveway removals and construction shall be directed by the Engineer during construction. Item No. 19 Prune Tree Roots and Install Root Barrier: Work under this item shall include, but not limited to, all labor and materials relating to root pruning and disposing per Section 308-1, providing and installing new tree root barriers, removing and disposing of excess soil, and all other work required to complete the work in place. SP 14 OF 23 Location of tree root pruning and installation of root barriers shall be per Work Schedule and as directed by the Engineer during construction. All utilities or other improvements damaged by the work, including, but not limited to, street light conduit and wires and private irrigation lines shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 20 Remove and Replace P.C.C. Catch Basin Cap, Grate, and Manhole Lid (3 Catch Basins): Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing and disposing damaged portion of existing catch basin cap and spandrels, compacting subgrade, placing base material, compacting base, installing dowels, face plate, frame & cover, constructing P.C.C. caps per CNB STD -305-L, and all other work items as required to complete the work in place. Item No. 21 Remove and Replace Existing Water Valve Box Frame and Cover and Adjust to Grade: Work under this item shall include, but not limited to, all labor and materials relating to removing and replacing all water valve frames and covers to grade per CNB STD -511-L, and all other work items as required to complete the work in place. Omission of this payment item in its entirety shall not result in any compensation. Omission of this payment item in part will not result in renegotiation in unit price. Item No. 22 Remove and Replace with New Water Meter Box and Cover and Adjust to Grade: Work under this item shall include, but not limited to, all labor and materials relating to removing and replacing all water meter boxes, frames and covers to grade per CNB STD -502-L or STD -503-L, match the AC finish surface and all other work items as required to complete the work in place. Omission of this payment item in its entirety shall not result in any compensation. Omission of this payment item in part will not result in renegotiation in unit price. Item No. 23 Remove and Replace Sewer Main Cleanout Frame and Cover and Adjust to Grade: Work under this item shall include furnishing all labor, tools, equipment, and materials necessary for removing and replacing existing sewer main cleanouts with new sewer main cleanouts, and all other work items as required to complete the work in place. Item No. 24 Construct Reinforced Concrete Retaining Wali Type 7 per SPPW Std Plan 616-2: Work under this item shall include removing existing AC and debris, compacting subgrade, constructing concrete retaining wall, 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. 25 Construct Modified 64nch P.C.C. Curb &r Gutter Per CNB Std-182-1- w/18-Inch td-182-Lw/18-Inch Wide Gutter: Work under this item shall include reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter, re -chiseling the curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. SP 15 OF 23 Item No. 26 Remove Interfering Portion of Existing Curb: Work under this item shall include removing and disposing of existing curb, subgrade compaction, and all other work items as required to complete the work in place. Item No. 27 Construct 4 -Inch A.C. Over Variable Depth A.B. Over Existing AC Section: Work under this item shall include all labor, tools, equipment, and materials costs for pavement clearing, installing crack sealer, tack coating, and a minimum V leveling course type III -62 -PG 64-10 placement, subgrade and leveling course compaction, and all other work items as required to complete the work in place. Use of 10 ton roller required by the City for this operation. Item No. 28 Install 4 -Inch Perforated SDR35 PVC Subdrain Pipe: Work under this item shall include removing any existing AC pavement and install PVC subdrain pipe, repair of any improvements damaged by this work, and all other work items as required to complete the work in place. Item No. 29 Install 3 -Foot by 5- Foot Minimum Grouted Rip -Rap: Work under this item shall include removing existing debris and install grouted rip -rap, repair of any improvements damaged by this work, and all other work items as required to complete the work in place. Item No. 30 Construct AC Leveling Course: Work under this item shall include all labor, tools, equipment, and materials costs for pavement clearing, installing crack sealer, tack coating, and a minimum 1" leveling course type III -132 -PG 64-10 placement, subgrade and leveling course compaction, and all other work items as required to complete the work in place. Item No. 31 Install Traffic Striping, Markings and Markers: Work under this item shall include removing and installing traffic striping, markings and markers per the striping plan, and all other work items as required to complete the work in place. Work under this item shall also include replacement of interfering signs and posts and painting of all existing red, green and white curb for Bayside Drive, Avocado Avenue, Harbor Island Road and Harbor Island Drive. Signage and striping work per ADA improvement plan (sheet 18) shall also be included in this pay item. Item No. 32 Provide As -Built Plans (and DBE Certification if applicable): Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the City Inspector for review prior to payment request. 9.3.2 Partial and Final Payment. From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid. SP 16 OF 23 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. Portland Cement concrete for construction shall be Class 560-C-3250. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2.1 Reinforcing Steel. Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans. 201-7 NON -MASONRY GROUT 201-7.2 Quick Setting Grout. The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout. SECTION 214 --- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS All new non -reflective pavement markers types A and AY shall be ceramic. 214-5 REFLECTIVE PAVEMENT MARKERS All new reflective pavement markers shall have glass -covered reflective faces or be 3M Series 290. SP 17 OF 23 PART 3 CONSTRUCTION METHODS SECTION 300 ---EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: hLtp://newportbeachca.gov/index.aspx?page=157 and then selecting the link Franchised Haulers List, 300-1.3.1 General. The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications for Public Works Construction 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 any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Ailey Intersections. Saw cuts shall be neatly made to a minimum of 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. 6*10E-0909e, The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention, SECTION 302 ---ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General. The asphalt concrete (A.C.) used for surface caps shall be IIIC3 PG 64-10. The A.C. for base course shall be 111132 PG 64-10. All cracks '/a -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 2 Inches of asphalt (finish course) 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. Where dig outs are required, contractor shall grind down the top 2 inch overlay layer, as specified per plan, prior to making repairs. Dig outs shall then be base paved flush with ground surface so that the finish course is placed in one lift. The pavement shall then be cleaned with a power broom. 302-5.4 Tack Coat. Prior to placing the asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one —tenth (1/10) of a 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. 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. SP 19 OF 23 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. Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or 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. 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. 303-5.5.2 Curb. 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 W -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. A two (2)day notice to the Engineer is required for requests to the City to determine the location of sewer laterals and water services. 303-5.5.4 Gutter. The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan. SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION 308-1 General. The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned 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. If required, the submittal shall adhere to the following guidelines. I.Y1iK1X*]." PAA 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 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. 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. The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer. 310-5.6.7 Layout, Alignment, and Spotting. The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight. 310-5.6.8 Application of Paint. 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 0.25 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY' signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. 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." "310-5.6.11 Pavement Markers. All Pavement markers shall comply with Section 85 of the State of California Standard Specifications. Non -reflective markers shall be ceramic. All new markers shall have glass faces or be 3M series 290. SP 22 OF 23 SECTION 312 --- PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT. 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 or slurry. 400-2 UNTREATED BASE MATERIALS 400-2.1 General 400-2.1.1 Requirements. The Contractor shall use crushed miscellaneous base as the base materials. SECTION 600 ---MODIFIED ASPHALTS PAVEMENTS AND PROCESSES 600-2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 600-2.1 Asphalt -Rubber 600-2.1.1 General. Asphalt -rubber shall be type B. 600-2.6 Asphalt -Rubber Hot Mix Gap -Graded 600-2.6.3 Rolling. Asphalt -Rubber Hot Mix Gap Graded material shall be compacted at or above 290 degrees Fahrenheit. Due to this requirement, the Contractor shall maintain three large self-propelled, vibrating steel wheel rollers, in working condition, on site to facilitate the initial breakdown rolling and intermediate rolling. The third roller will act as a stand-by in case of breakdown by one of the other rollers. Rubber tire rollers are not permitted. A minimum relative compaction of 95 percent is required. SP 23 OF 23 For each percentile less that the required 95 percent compaction the unit price for Item No. 6, Construct 2 -Inch Thick Asphalt Rubber Overlay, will be reduced by 10 percent. Any areas of roadway that does not have 90 percent relative compaction shall be removed, reinstalled and properly compacted at the Contract's sole expense. 600-2.7 Asphalt -Rubber and Aggregate Membrane (ARAM) Surfacing or Interlayer. Asphalt -rubber and aggregate membrane (ARAM) surfacing or interlayer shall be applied to the project. 3od3 aino 0 I I I I I I i I i 1 30b3 eano ,A I II z � 'o I ¢ W � it Z I ` Id L � s� f CL `y o G Qo 0000 :E'�� 0C, a, O � in X X z_ z_ Ota ¢LD �N �N oz oz' 1 U) — U) in Kam C7 m T Zm X4 X¢ wU wU W W 0 m [mom Q w J J U) � oW ZUp �n Q Nm t.J.. U Q LU U Q� ¢ W � it Z Z O L � W Z CL za O G :E'�� />/ LL �W Q CL W `t 0 ow W n ,y U) Y > Z 2 Wo Z3 O } m ¢ LL U CL ¢ a `s nZ> O� i z z ¢ a. Q Li4 N � N z J w _ V = � Z W O`n w 3�\ c LFII Q LU Z0 z Ln X � it Z Z O L � Y V N � M za O o4aEWPaR @ = CITY �O F NE�1��!/PO�� BEACH °9� � City Council Staff Report Agenda Item No. 11 November 12, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3330, dawebb(ftewportbeachca.gov PREPARED BY: Alfred Castanon, Associate Civil Engineer 949-644-3314, acastanon(o)newportbeachca.gov APPROVED: lI l+\\ v V TITLE: Bayside Drive & Area Streets Pavement Rehabilitation — Award of Contract No. 5212 ABSTRACT: Staff has received construction bids for the Bayside Drive & Area Streets Pavement Rehabilitation project and is requesting City Council's approval to award the work to All American Asphalt. RECOMMENDATIONS: 1. Approve the project drawings and specifications. 2. Award Contract No. 5212 to All American Asphalt for the Total Bid Price of $1,207,207.00, and authorize the Mayor and City Clerk to execute the contract. 3. Establish an amount of $120,000 (10%) to cover the cost of unforeseen work not included in the original contract. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding in the following accounts for the award of this contract: Account Description Gas Tax Contributions (Grant Funds) Water Enterprise Wastewater Enterprise Account Number 7181-C2002061 7251-C2002061 7521-C2002061 7541-C2002061 du. $ 1,188,772.00 $ 81,600.00 $ 25,435.00 $ 55,000.00 $ 1,350,807.00 1 of 6 Bayside Drive & Area Streets Pavement Rehabilitation — Award of Contract No. 5212 November 12, 2013 Page 2 Proposed uses are as follows: Vendor All American Asphalt All American Asphalt GMU Geotechnical, Inc. Various DISCUSSION: Purpose Construction Contract Construction Contingency Geotechnical Services Printing & Incidentals Total: The California Department of Resources Recycling and Recovery (CalRecycle) offers funding opportunities authorized by legislation to assist public and private entities in the safe and effective management of waste material. Earlier this year, the Public Works staff applied for the Rubberized Pavement Grant Program and will be awarded $81,600.00 for the Bayside. Drive & Area Streets Pavement Rehabilitation project. Newport Beach is one of seventeen (17) local government agencies to receive the grant. This grant not only improves the quality of asphalt material used on city streets, but also helps decrease the adverse environmental impact created by waste tires. At 10:00 a.m. on October 17, 2013, the City Clerk opened and read the following bids for this project: Amount $ 1,207,207.00 $ 120,000.00 $ 22,600.00 $ 1,000.00 $ 1,350,807.00 The California Department of Resources Recycling and Recovery (CalRecycle) offers funding opportunities authorized by legislation to assist public and private entities in the safe and effective management of waste material. Earlier this year, the Public Works staff applied for the Rubberized Pavement Grant Program and will be awarded $81,600.00 for the Bayside. Drive & Area Streets Pavement Rehabilitation project. Newport Beach is one of seventeen (17) local government agencies to receive the grant. This grant not only improves the quality of asphalt material used on city streets, but also helps decrease the adverse environmental impact created by waste tires. At 10:00 a.m. on October 17, 2013, the City Clerk opened and read the following bids for this project: The low total bid amount is 4.7 percent above the Engineer's Estimate of $1,150,000.00. The low bidder, All American Asphalt, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for the City of Newport Beach and other public agencies. The streets being rehabilitated in this project include Bayside Drive from EI Paseo Drive to Marguerite Avenue, Harbor Island Drive, Harbor Island Road, and Avocado Avenue from East Coast Highway to San Joaquin Hills Road. Work necessary to complete this contract consists of removal of existing street pavement, reconstructing sidewalks, curb and gutter, driveway approaches, curb access ramps, pruning tree roots and installing root barriers, 2 -inch rubberized asphalt concrete overlay, adjusting utility and survey facilities to grade and other incidental items. Pursuant to the Contract Specifications, the Contractor will have 45 consecutive working days to complete the work. BIDDER TOTAL BID AMOUNT Low All American Asphalt $1,207,207.00 2 Ben's Asphalt, Inc. $1,227,778.65 3 R.J. Noble Company $1,354,051.00 4 Hardy & Harper, Inc. $1,366,000.00 5 Palp, Inc. DBA Excel Paving Company $1,611,078.50 The low total bid amount is 4.7 percent above the Engineer's Estimate of $1,150,000.00. The low bidder, All American Asphalt, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for the City of Newport Beach and other public agencies. The streets being rehabilitated in this project include Bayside Drive from EI Paseo Drive to Marguerite Avenue, Harbor Island Drive, Harbor Island Road, and Avocado Avenue from East Coast Highway to San Joaquin Hills Road. Work necessary to complete this contract consists of removal of existing street pavement, reconstructing sidewalks, curb and gutter, driveway approaches, curb access ramps, pruning tree roots and installing root barriers, 2 -inch rubberized asphalt concrete overlay, adjusting utility and survey facilities to grade and other incidental items. Pursuant to the Contract Specifications, the Contractor will have 45 consecutive working days to complete the work. Bayside Drive & Area Streets Pavement. Rehabilitation — Award orpontracl No. 5212 November 12; 2013 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQK) pursuant to Section 15302 (replacement of existing facilities involving negligible expansion of capacity) of the CEQA Guidelines, Califomia Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Submitted by: JAII David A. TVebb Public Works Director Attachment: A. Location Maps WEA \V- r BALBOA ISLAND CHANNEL Attachment A E s� HARBOR ISLAND ROAD & HARBOR ISLAND DRIVE BAYSIDE DRIVE & AREA STREETS CITY OF NEWPORT BEACH PAVEMENT REHABILITATION PUBLIC WORKS DEPARTMENT LOCATION MAP C-5212 11/12/13 4o16 AI 9 BAYSIDE DRIVE BAYSIDE DRIVE & AREA STREETS PAVEMENT REHABILITATION LOCATION MAP (I <I �l CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5212 1 11/12/13 5 of l) 50 � a t, pfp 11 A �µ CRI4E JL z �Q O IV °�. f� •�� 7 � gn°rte �� � y AVOCADO AVENUE BAYSIDE DRIVE & AREA STREETS CITY OF NEWPORT BEACH PAVEMENT REHABILITATION PUBLIC WORKS DEPARTMENT LOCATION MAP C-5212 11/12/13 6 0l6