HomeMy WebLinkAboutC-5581 - Ocean Blvd and Marguerite Ave Pavement ReconstructionFpR
July 14, 2016
All American Asphalt
Attn: Jerry LeBouef
400 E. Sixth Street
Corona, CA 92879
CITY OF NEWPORT BEACH
CITY CLERK'S OFFICE
Leilani Brown, MMC
Subject: Ocean Boulevard and Marguerite Avenue Pavement Reconstruction —
C-5581
Dear Mr. LeBouef:
On July 14, 2015, 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 July 22,
2015. Reference No. 2015000379219. The Surety for the contract is Fidelity and
Deposit Company of Maryland and the bond number is 7643160. Enclosed is the
Faithful Performance Bond.
Sincerely
,
, N'
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
Bond T`-,).: 7643160
Prem .: $4,337.00
Premium is for contract term and is subject
To adjustment based on Final contract price
Executed in: 2 Counterparts
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. 7643160
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 4,337.00 , 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 the work
necessary for the completion of this contract consists of the removal of the existing
concrete pavement, construction of seven (7) inches of polypropylene fiber reinforced
PCC pavement, curb and sidewalk repairs, constructing ADA compliant access ramps,
driveways, water filling station, bike racks, utility adjustments, signing and striping
improvements, 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 Ninety Eight Thousand Ninety Eight Dollars and 001100 ($1,098,098.00) 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 alterationthereofmade 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
All American Asphalt Page B-1
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the
Principal in full force and effect for one (1) year following the date of formal acceptance
of the Project by City.
In the event that the Principal executed this bond as an individual, it is agreed
that the death of any such Principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on the 22nd day of December ,2014
All American Asphalt
Name of Contractor (Principal)
Fidelity and Deposit Company of Maryland
Name of Surety
777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017
Address of Surety
(213)270-0600
Telephone
Authorized Si
Mark WCC,
Rebecca Haas -Bates, Attomey-in-Fact
Print Name and Title
NOTARYACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
All American Asphalt Page B-2
ACKNOWLEDGMENT
State of California
County of **Please See Attached** } 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
State of California
County of ) ss.
On P 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)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Riverside
On January 2, 2015 before me, Rebecca Aneela Parra, Notary Public
Date Here Innen reme and Title of the Dicer
personally appeared Mark Luer
Name(s) of Signer(s)
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/shekhey executed the same in
REBECCA ANGELPARRA his/herkheir authorized capacity(ies), and that by his/herAheir
A
Commission aR A PAR
4 signature(s) on the instrument the person(&), or the entity upon behalf
a t e
Notary z of which the person(s) acted, executed the instrument.
y Public - California z
Riverside County > -
My Comm. Expire May 17, 2017 1 certify under PENALTY OF PERJURY under the laws of the State of
California that the forgoing paragraph is true and correct.
WITNESS=haofficial seal.
Signature - —
Place Notary Seal Above Signature otary 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 Performance Bond No. 7643160
Document Date 12/22/2014 Number of Pages: Three (3)
Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland
Capacity(il") Claimed by Signer(&)
Signets Name: Mark Luer
o Individual
X Corporate Officer—Title(s): President
o Partner o o Limited o General
o Attorney in Fact
o Trustee
o Other:
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer — Title(s):
o Partner ❑ o Limited o General
o Attorney in Fact
Top of thumb here
o Trustee
o Other:
Signer is Representing:
All A-;- - - A __l _i. I I Signer is Representing
ZALIFORNIIA ALL-PURPOSE ACKNOWLEDGMENT FE
State of California
County of Orange I
On 12/22/2014 before me, R. Paramo, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Rebecca Haas -Bates
R. PARAMO
ire Commission F 2035890
"y: Notary Public - California
z Orange County
My Comm. Expires Aug5, 201 F
Place Notary Seal Above
Names) of Signers)
who proved to me on the basis of satisfactory
evidence to be the persort(s) whose names) is/are
subscribed to the within instrument and acknowledged
to me that Ae/she/they executed the same in
His/her/their authorized capacity(ies), and that by
his/her/trek signature" 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
oft at the foregoing paragraph
my
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: Performance Bond No. 7643160 Document Date: 12/22/2014
Number of Pages: 'Three (3) Signer(s) Other Than Named Above: All American Asphalt
Capacitypes) Claimed by Signer(s)
Signer's Name: Rebecca Haas -Bates
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual [DAttomey in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Fidelity and Deposit Company of Maryland
Signer's Name:
❑ Corporate Officer —T-dle(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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
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 IOth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 22nd day of December 2014
Thomas 0. McClellan, Vice President
PRF7643160
Bond Number
Clty 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
Michael P. Bond, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are
set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute,
and appoint Rebecca Haas -Bates I its true and
lawful agent and Attomey-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, m 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 22nd day of December A.D. 2014
ATTEST:
Assistant Secretary
Gerald F. Haley
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Vice President
Michael P. Bond
State of Maryland
County of Baltimore
On this 22nd day of December A.D. 201_ before the subscriber, a Notary Public of the State of Maryland, duly commissioned and
qualified, Michael P. Bond, Vice President and Gerald F. Haley, 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 sworn, deposeth and saith,
that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and
that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
Constance A. Dunn, Notary Public
:yam ru'JtiSo
My Commission Expires: July 14, 2015
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
Leilani Brown, CMC
September 29, 2015
All American Asphalt
Attn: Jerry LeBouef
400 E. Sixth Street
Corona, CA 92879
Subject: Ocean Boulevard and Marguerite Avenue Pavement Reconstruction -
C-5581
Dear All American Asphalt:
On July 14, 2015, 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
July 22, 2015, Reference No. 2015000379219. The Surety for the bond is Fidelity
and Deposit Company of Maryland and the bond number is 7643160. Enclosed
is the Labor & Materials Payment Bond.
Sincerely,
601r,—
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
P—qd No.: 7643160
mium is included in the performance bond
Executed in: 2 Counterparts
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. 7643160
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 the work
necessary for the completion of this contract consists of the removal of the existing
concrete pavement, construction of seven (7) inches of polypropylene fiber reinforced
PCC pavement, curb and sidewalk repairs, constructing ADA compliant access ramps,
driveways, water filling station, bike racks, utility adjustments, signing and striping
improvements, 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 Ninety Eight Thousand Ninety Eight Dollars and 001100 ($1,098,098.00)
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.
All American Asphalt Page A-1
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder shall in any wise affect Its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to
the terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 22nd day of December —12014 .
All American Asphalt
Name of Contractor (Principal) Authorized Sknature/Title
Q./ V" We r,tkse�r+��c
Fidelity and Deposit Company of Maryland
Name of Surety
777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017
Address of Surety
(213)270-0600
Telephone
Q -an sfxcko,n
Authorized Agent Signature
Rebecca Haas -Bates, Auomey-in-Fact
Print Name and Title
NOTARYACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BEA TTACHED
All American Asphalt Page A-2
ACKNOWLEDGMENT
State of California
County of "Please See Attached" } 38.
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) !stare
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
ACKNOWLEDGMENT
State of California
County of ) ss.
(seal)
On 20
Notary Public,
proved to me on the basis of satisfactory evidence to be the person(s)
subscribed to the within instrument and acknowledged to me that he/s
same in his/her/their authorized capacity(ies), and that by his/herttheir
Instrument the person(s), or the entity upon behalf of which the person(s)
Instrument.
before me,
personally appeared
. who
whose name(s) istare
hethey executed the
signatures(s) on the
acted, executed the
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)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Riverside
on Januaa 2, 2015 before me, Rebecca Angela Patna, Notary Public
Date Here Insert name and Title of ttet Officer
personally appeared Mark Luer
Name(s) of Signer(a)
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/shefthey executed the same in
.,\ REBECCA ANGELA PARRq his/de4kheir authorized capacity(ies), and that by his/herJtheir
P signature(s) on the instrument the person(s), or the entity upon behalf
Commission a 2D24 rni of which the person(s) acted, executed the instrument.
94
Notary Public -California z
Riverside County -'
My Comm. Expires May ! 7, 20i 7 I certify under PENALTY OF PERJURY under the laws of the State of
California that the forgoing paragraph is true and correct.
WITNESS my h d official seal///.//////JJJ �///J
Signature a �yh/�, r���
Place Notary Seel Above Slant"ofotaryrotary 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 -Payment Bond No. 7643160
Document Date 12/22/2014 Number of Pages: Three (3)
Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland
,
Capacity(fee) Claimed by Signer(r)
Signer's Name: Mark Luer
o Individual
X Corporate Officer — Title(&): President
o Partner ❑ o Limited o General
in Attorney in Fact
o Trustee
o Other:
Signer's Name:
o Individual
o Corporate Officer—Title(s): _
o Partner ❑ o Limited o General
Top of thumb here ❑Attorney in Fad
o Trustee
o Other:
Signer is Representing:
All American Asnhalt Signer is Representing:
Top of
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE
State of California
County of Orange
On 12/22/2014 before me, R. Paramo, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Rebecca Haas -Bates
Name(s) of Signers)
R.PARAMO
Commission # 2035890
Z '� Notary Public - California i
Z Orange County
My Comm. E ires Aug5, 2017 J
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 Ae/she/they executed the same in
his/her/their authorized capacity", and that by
his/her/their signatureM on the instrument the
person(*, or the entity upon behalf of which the
person(a) acted, executed the instrument.
I certify under OF PERJURY under the laws
ofthe California he foregoing paragraph
my
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: Payment Bond No. 7643160 Document Date: 12/22/2014
Number of Pages: Three (3) Signer(s) Other Than Named Above: All American Asphalt
Capacity(ies) Claimed by Signer(s)
Signer's Name: Rebecca Haas -Bates
❑ Corporate Officer — Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Individual OAttorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other.
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing: Signer Is Representing:
Fidelity and Deposit Company of Maryland
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attomevs-in-Faa. 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 Presidentor 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 1 Oth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 22nd day of December 2014 .
'i�o�;' f01� ✓s6A6
a
Thomas O. McClellan, Vice President
PRF7643160
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
Michael P. Bond, 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 we hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute,
and appoint Rebecca Haaa-Bates its true and
lawful agent and Attorney -in -Fact, to make, execute, sea] and deliver, for, and on its behalf as surety, and as its as 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 22nd day of December A.D. 2014
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Goo
Assistant Secretary Vice President
Gerald F Haley Michael P. Bond
State of Maryland
County of Baltimore
On this 22nd day of December A.D. 2014 before the subscriber, a Notary Public of the State of Maryland, duly commissioned and
qualified, Michael P. Bond, Vice President and Gerald F. Haley, 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 sworn, deposeth and saith,
that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and
that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
�4 $
Constance A. Dunn, Notary Public%.,?m
My Commission Expires: July 14, 2015°"""�"
R E rF, r; i
RECORDING REQUESTED BY AND
WHEN RECORDED M-WRN�Qv 9: !49
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
II dill II ��� III�!II ��� IIII III II!IIIII SII NO FEE
*$ R 0 0 0 7 7 0 1 1 2 6$
2015000379219 8:04 am 07/22/15
City Clerk = 47 411 N12 1 .
City of Newport Beach 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
100 Civic Center Drib
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,
California, as Contractor, entered into a Contract on January 13, 2015. Said Contract set
forth certain improvements, as follows:
Ocean Boulevard and Marguerite Avenue Pavement Reconstruction - C-5581
Work on said Contract was completed, and was found to be acceptable on
July 14, 2015 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.
Il ,
BY AK
Publil 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 (/�� /�, %�� , at Newport Beach, California.
J
PO/�'
BY 44
City Clerk O
1 FO'V-
July 15, 2015
Orange County Recorder
P.O. Box 238
Santa Ana, CA 92702
RE: Notice of Completion for the following projects:
100 Civic Center Drive
Newport Beach, California 92660
949 644-3005 1 949 644-3039 PAX
newportbeachca.pov/cltyderk
• Ocean Boulevard and Marguerite Avenue Pavement Reconstruction -
Contract No. 5581
• Campus Drive, San Joaquin Hills Road and San Miguel Drive Street
Overlay - Contract No. 5582
Please record the enclosed documents and return to the City Clerk's Office.
Thank you.
Sincerely,
Leilani I. Brown, MMC
City Clerk
Enclosures
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, a nd A II American Asphalt of Corona,
California, as Contractor, entered into a Contract on January 13, 2015. Said Contract set
forth certain improvements, as follows:
Ocean Boulevard and Marguerite Avenue Pavement Reconstruction - C-5581
Work on said Contract was completed, and was found to be acceptable on
JuIV 14, 2015 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
City Clerk
at Newport Beach, California.
CTY OF
F
NEWPORT BEACH
City Council Staff Report
TO:
FROM:
PREPARED BY:
PHONE:
TITLE:
ABSTRACT:
July 14, 2015
Agenda Item No. 8
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director- (949) 644-3330,
dawebb@newportbeachca.gov
Frank Tran, Civil Engineer
(949)644-3340
Ocean Boulevard and Marguerite Avenue Pavement Reconstruction — Notice of
Completion and Acceptance of Contract No. 5581 (CAP15-0045)
On January 13, 2015, City Council awarded Contract No. 5581, Ocean Boulevard and Marguerite Avenue
Pavement Reconstruction project, to All American Asphalt, for a total contract cost of $1,098,098.00 plus a
10% 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 expended from the following accounts:
Account Description Account Number Amount
General Fund 7013-C2002074 $ 648,558.08
Measure M Fair Share
WV Grade Adjustment
SMH Grade Adjustment
7282-C2002074
7521-C2002049
7541-C2002049
$ 376,618.00
$ 7,700.00
$ 2.100.00
Total: $ 1,034,976.08 8-1
DISCUSSION:
Awarded
Contract Amount
Overall Contract Cost/Time Summary
Actual
Final Cost at Contingency % Due to % Due to
Completion Allowance Contract Directed Unforeseen
Change Change
1 $1,098,098.00 1 $1,034,976.08 10% or less -5.8% 1 -8.2
Actual Time
Allowed Contract Time (days) 1 70
Under H or Over (+
The contract has now been completed to the satisfaction of the Public Works Department. A summary of
the contract cost is as follows:
Original bid amount:
$1,098,098.00
Actual cost of bid items constructed:
$1,008,267.60
Total change orders:
$26,708.48
Final contract cost:
$1,034,976.08
This pavement reconstruction project is located on Ocean Boulevard from Goldenrod Avenue to Marguerite
Avenue, and Marguerite Avenue from Bayside Drive to Ocean Boulevard (Attachment A). The work
necessary for the completion of this contract consisted of removing and reconstructing the existing concrete
pavement, upgrading all curb access ramps, installing bike racks and a water bottle filling station at the
Lookout Point, adjusting street utility covers to the new surface grade, and performing other appurtenant
and incidental items of work as required.
The final construction contract cost was approximately 6 percent below the original bid amount due to the
deletion of some pavement work on Marguerite Avenue from East Coast Highway to Bayside Drive. This
portion of Marguerite Avenue pavement replacement was deleted from the original scope of this contract,
and will be added into the work scope for the up -coming water main replacement work associated with
Contract 4920 that is tentatively scheduled to start construction after Labor Day 2015. Additionally, a
change order was issued to provide for 24-hour flagman traffic control and for additional concrete work at
the entrance to the beach parking lot, additional saw -cutting during the pavement removal to reduce
vibration, additional over -excavation of subgrade at certain locations and additional cement to the concrete
to allow the earlier opening of certain roadway segments.
A summary of the project schedule is as follows:
Estimated Completion Date per 2014 Baseline Schedule May 22, 2015
Project Awarded for Construction January 13, 2015
Contract Completion Date with Approved Extensions May 11, 2015
Actual Substantial Construction Completion Date May 11, 2015
ENVIRONMENTAL REVIEW:
City Council found this project exempt from the California Environmental Quality Act ("CEQA") pursuant to
Section 15301(c). This exemption covers the minor alteration of existing public facilities with negligible
expansion of the facilities in areas that are not environmentally sensitive.
LIM
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 - Location Mao
M
ATTACHMENT A
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OCEAN BLVD O OCEAN LN O ¢ g D O ZO a
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OCEAN BLVD
OCEAN BLVD
OKOUT POINT CDM STATE EACH
PROJECT LOCATION
NTS
OCEAN BLVD & MARGUERITE AVE
CITY OF NEWPORT BEACH
PAVEMENT RECONSTRUCTION
PUBLIC WORKS DEPARTMENT
LOCATION MAP
C-5581
07/14/2015
a�
t clerk
` CITY OF NEWPORT BEAC
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 13th day of November, 2014,
at which time such bids shall be opened and read for
OCEAN BLVD AND MARGUERITE AVE
PAVEMENT RECONSTRUCTION
Contract No. 5581
$ 1,400,000.00
Engineer's Estimate
Approved by
b ®vm
Mark Vuk jevic
City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and
Drawings by contacting
Mouse Graphics at (949) 548-5571
Located at 659 W. 19th Street, Costa Mesa, CA 92627
Contractor License Classification required for this project: "A"
For further information, call Frank Tran, Project Manager at (949) 6443340
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
http://www.NewportBeachCA.gov
CLICK: Online Services I8idding & Bid Results
City of Newport Beach
OCEAN BLVD AND MARGUERITE AVE PAVEMENT
RECONSTRUCTION
Contract No. 5581
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
INSURANCE REQUIREMENTS ...... ....... ............... ............... ................................ A-1
LABOR AND MATERIALS PAYMENT BOND ............ ........................................... B-1
FAITHFUL PERFORMANCE BOND.................................................................... C-1
PROPOSAL.............................................................................................................. PR -1
SPECIALPROVISIONS............................................................................................ SP -1
E
City of Newport Beach
OCEAN BLVD AND MARGUERITE AVE PAVEMENT
RECONSTRUCTION
Contract No. 5581
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.
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
8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the contract. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703-4774, and requesting one from the Department of
Industrial Relations. All parties to the contract shall be governed by all provisions of the
California Labor Code — including, but not limited to, the requirement to pay prevailing wage
rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by
the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5
of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public
Contracts Code, "Subletting and Subcontracting Fair Practices Act".
10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual
authorized by the corporation. For partnerships, the signatures shall be of a general partner.
For sole ownership, the signature shall be of the owner.
The signature below represents that the above has been reviewed.
,IU1011) A ,
Contractor's License No. & Classification
Authorized Sign—at1ure/T
t�tk3aC-k-�`�cx�E'�(,�i c e�resZc�e�nk
Date �T-
0
Bid Bond No. 08597423
Bid Date: 11/13/2014
City of Newport Beach
Contract No. 5581
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of
Newport Beach, a charter city, in the principal sum of Ten Percent of Total Bid Amount -------
Dollars ($ 10% of Bid ), to be paid and forfeited to the City
of Newport Beach if the bid proposal of the undersigned Principal for the construction of OCEAN
BLVD AND MARGUERITE AVE PAVEMENT RECONSTRUCTION, Contract No. 5581 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 7th
All American Asphalt_ _
Name of Contractor (Principal)
Fidelity and Deposit Company of Maryland
Name of Surety
777 S. Figueroa Street, Suite 3900
Los Angeles, CA 90017
Address of Surety
(213)270-0600
Telephone
day of November 2014
Authorized- ignaturelf ifle
Authorized Agent Signature
Rebecca Haas -Bates, Attorney -in -Fact
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Riverside
On _ November 10 2014 before me, Donna Thorne Notary public
Date Here Insert name and Title of the officer
personally appeared Michael Farkas
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
persons) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/shetthey executed the same in
_ _ _ _ _ _ his/he4herr authorized capacity{ "), and that by his/per heir
GONNA THORNE signature(s) on the instrument the person(s), or the entity upon behalf
• Commission # 2067768 of which the person(s) acted, executed the instrument.
Z :-a x, Notary Public - California z
Z ' Riverside County n I certify under PENALTY OF PERJURY under the laws of the State of
My Comm. Expires Jun 7, 2018 California that the forgoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature Ay7/7t �-eh.�(.Q
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: 11/07/2014 Number of Pages: Three (3)
Signer(r) Other Than Named Above: Fidelity and Deposit Company of Maryland
Signer's Name: Michael Farkas Signer's Name:
❑ Individual
❑ Individual
xCorporate Officer —Title(s): Secretary oCorporate Officer —Title(s):
o Partner I.'. o Limited it General _ o Partner tl o Limited o General _
o Attorney in Fact o Attorney in Fact
o Trustee Top of thumb here
Trustee Top of thumb Here
o Other:
❑ Other:
Signer is Representing:
Signer is Representing:
"Please See Attached"
ACKNOWLEDGMENT
a.6.... a. a ................. f........ Y Y.% Y 4 Y.. Y.#... Y i 4. Y. C. Y......... 4......
State of California
County of __
ss.
On _ _ _ before me,
Public, personally appeared
Notary
..�._,—,who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/sh€a/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 Califomia that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
44YXYCMi Ytlglg4l4YIPMYIiOY G!lY..........................4 YY R8t FMOl.. Y.... Y.... 4.
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Languages
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO/CFO/COO
u_ President/ Vice -President/ Secretary/ Treasurer
Other:
Other Information:
Thumbprint of Signer
Che,.; k here if
no trwrnbprwi3
or 6nrge:rtx. int
is avatlaWe,.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
State of California
County of Orange
On 11/07/2014 before me, R. Paramo, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Rebecca
RPA RaMO
Commission # 2035890
z s��.. Notary Public - California z
Orange County a
4 Comm. Ex fires Au 5, 2017
Place Notary Seal Above
Names) of
who proved to me on the basis of satisfactory
evidence to be the Person(s) whose names) is/aft
subscribed to the within instrument and acknowledged
to me that #s/she/they executed the same in
Ws/her/their: authorized capacity(les), and that by
hs/her/*w r signatures) on the instrument the
persons, 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@ahfera that the foregoing paragraph
my hand
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: 11/07/2014
Number of Pages: Three (;) Signer(s) Other Than Named Above: All American Asphalt
Capacity(ies) Claimed by Signer(s)
Signer's Name: Rebecca Haas -Bates
0 Corporate Officer — Title(s): _.
Partner — ❑ Limited ❑ General
❑ Individual E✓ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
L Other:
Signer Is Representing:
Fidelity and Deposit Company of Maryland
Signer's Name:
❑ Corporate Officer — Title(s): _-
❑ Partner — L3 Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
G Other.
Signer Is Representing:
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint 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
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 Attomey...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 7ESTTM Nt�WHER OF, I have her nto subscribed my name and affixed the corporate seals of the said Companies,
this day of �, 20.
w< ovo✓.� off.; asii*M,
iiiins
)d4A9� %r
Geoffrey Delisio, Vice President
City of Newport Beach
OCEAN BLVD AND MARGUERITE AVE PAVEMENT RECONSTRUCTION
Contract No. 5581
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 nem
Description of Work
-./.Of
Number
Total Bid
Name: ray, S eE05;9n
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Address: 52o EA --T oenir,,t
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Phone:
State License Number: co97311
Email Address: 13 11r,o - z�i.�, 5hq.w
Name: C L
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State License Number: L-2:, gZ$I
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Name: %� k L d Tac
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Phone: S�11,2
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State License Number: 677686
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8
Bidder Authorized Signature/Title
City of Newport Beach
Contract No. 5581
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this formM Please print or type.
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE.
For all public agency projects you have worked on (or are currently working on) in the
past 2 years in excess of $15,000, provide the following information:
No. 1 ` �
Project Name/Number �ah1 iiAe 7qety\��i\ArLyn
Project Description -'k� `�
Approximate Construction Dates: From g 12ok7— To: 'Nu. 3
Agency Name _t.t o_aa�v� AL`S
Contact Person��re�M \Zcf��� ,r� Telephone (" 21)-J-21oSD
Original Contract Amount $��kol'_Final Contract Amount $ `}—I`6 \�:"
If final amount is different from original, please explain (change orders, extra work, etc.)
t-4
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
0
No. 2
Project Name/Number Qn-A ryn n
Project Description �v'r� �fstv�2l�,jytih
Approximate Construction Dates: From To: ��2bt7i
Agency Name
Contact Person -J U�� TelephonefM)Flo\-�31a
Original Contract Amount _Final Contract Amount $
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.
"D
No. 3
Project Name/Number
Project Description
Approximate Construction Dates: From 8 `2bo2 To:
Agency Name
Contact PersonTelephone (W\)e7.5vA-2�
Original Contract Amount $zoP15,r -Final Contract Amount $Somas,
If final amount is different from original, please explain (change orders, extra work, etc.)
tV
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. 4
Project Name/Number
Project Description `�)Xnf mnm�IPr�
Approximate Construction Dates: From socpk To: `?I wa
Agency Name
Contact Person _d+rn,, Telephone \A-J-t&ok�
Original Contract Amount $X pS•'Final Contract Amount $ g"3\� 15L1.`4
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.
No
No. 5
Project Name/Number o a
Project Description meek Sn weN a s
Approximate Construction Dates: From 1Aw, To: In IUV7,
Agency Name Un
Contact Person Telephone (sial'S"lo -�o u3Lk
Original Contract Amount $Final Contract Amount $ UU1,UU .
If final amount is different from original, please explain (change orders, extra work, etc.)
M
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.
IME
11
No. 6
Project Name/Number ri'ivr�Pr _ n nrc� e
Project DescriptionY�P Y re,e.v�s
Approximate Construction Dates: From S12o12 To: g� yoi 2
Agency Named
Contact Person 1ek coax Telephone (1/y) S415— gs
Original Contract Amount $ 22 2, -Final Contract Amount $ 422 y 22•�
If final amount is different from original, please explain (change orders, extra work, etc.)
fit
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.
iu D
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on-site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the Contractor's current financial
conditions.
Bidder u orized Signature `--
1�b4'el�lP.f
12
"2013"
PAST WORK REFERENCES
Department of Transportation Route 74, Contract No. 12-OL6404
3521 %+ University Dr Contract Amount: $1,134,057
Irvine CA 92612 Start: 7/2012
Contract: Dat Pham, (949) 279-8586 Completed: 5/2013
City of Santa Clarita
23920 Valencia Blvd
Santa Clarita CA 91355
Contact: Bill Whitlatch, (661) 259-2489
LACDPW
900 S Fremont Ave
Alhambra, CA 91803
Contact: Hector Hernandez, (626) 458-2191
Department of Transportation
2023 Chicago Ave., B-6
Riverside, CA 92507
Contact: Michael Chen, (951) 830-6017
City of Laguna Hills
24035 El Toro Rd
Laguna Hills, CA 92653
Contact: Kenneth Rosenfield, (949) 707-2650
County of Riverside Transportation
3525 14`h St
Riverside, CA 92501
Contact: Trai Nguyen, (951) 961-5363
2011/12 Overlay & Slurry Seal Program
Contract Amount: $5,995,000
Start: 8/2012
Completed: 5/2013
Seventh Avenue
Contract Amount: $2,077,000
Start: 9/2012
Completed: 12/2013
Route 74, Contract No. 08-OP9504
Contract Amount: $3,450,622
Start: 6/2012
Completed: 9/2013
Citywide Pavement Rehabilitation
Contract Amount: $1,778,169
Start: 8/2012
Completed: 9/2013
Gilman Springs Road
Contract Amount: $1,695,108
Start: 7/2013
Completed: 9/2013
«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 Sinacori, (949) 248-3574
City of Long Beach
333 W. Ocean Blvd., 10th Floor
Long Beach, CA 90802
Contact: Chuck Ramey, (562) 570-6634
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
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: $2,778,000.00
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
ContractAmount: $661,661.00
Start: 12/1/2011
Completed: 6/30/2012
Bristol Street Widening
Contract Amount: $8,315,754.00
Start: 5/l/2009
Completed: 3/16/2012
Edinger Avenue Improvements
Contract Amount: $422,422.00
Start: 5/1/2012
Completed: 8/1/2012
City of Newport Beach
OCEAN BLVD AND MARGUERITE AVE PAVEMENT
RECONSTRUCTION
Contract No. 5581
NON -COLLUSION AFFIDAVIT
State of California )
) ss.
County of 2=ML—)
\A
tZ ae� are being first duly sworn, deposes and says that he-eFfs+ie-is
Vi
[Q_ fGsir,Cn�c- of &A kmex- ,r\ Ae-��\� , the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that
party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a
false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder
or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid
price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that
of any other bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
I declare under penalty of perjury of the laws of the State
WWI ►v: . ic. �.►n
that tie foregoi true and correct.
Subscribed and sworn to (or affirmed) before me on this 16fh.day of
-- p4.
.�PoILl
2f' +&
by Rob'ayt ]RraAI-,gt.t , proved to me on the basis of
satisfactory evidence to be the pers n(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.
[SEAL]
DONNA THORNE
Commission # 2067768
Z' Notary Public - California i
Z ' Riverside County n
My Comm. Expires Jun 7, 2018
13
,I 7 r ; i
Notary Public
My Commission Expires: b h7 z/
City of Newport Beach
OCEAN BLVD AND MARGUERITE AVE PAVEMENT
RECONSTRUCTION
Contract No. 5581
DESIGNATION OF SURETIES
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):
e INJ a✓7-r,er�'tn4uvani,/ l �rv�y ""`I�4-R`yf,°i2'ID _
14
City of Newport Beach
OCEAN BLVD AND MARGUERITE AVE PAVEMENT
RECONSTRUCTION
Contract No. 5581
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name M Nwzyem A474,�,k
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
2013
2012
2011
2010
2009
Total
2014
No. of contracts
Z1 -Z
S N(k
Total dollar
Amount of
Contracts (in
���
% �
k�
Thousands of $)\
���
�$
�p'ge
No. of fatalities
No. of lost
Workday Cases
No. of lost
workday cases
involving
permanent
transfer to
anotherjob or
termination of
tll
employment
`
4
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
act ANERMNASPHALT
To whom it may concern:
On May 28, 2010 All American Asphalt filed a death claim w-66 workers' comp.
carrier. A brief description is listed below. r
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 roonT.._._
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 AMERICAN ASPHALT
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 broeasel(a)msn com if you have any questions.
Sincerely D ,,
Bryan Pease
Consultant
Legal Business Name of Bidder
Business Address: iE�, . g� . Com, q
Business Tel. No.:=
State Contractor's License No. and
Classification:
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 November 10, 2014 before me, Donna Thorne, Notary Public,
Date Here Insert name and Title of the OHmer
personally appeared Mark Luer and Robert Bradley
Neme(s) of Signeds)
DONNATHORNE
commission # 2067766 z
`4 Notary Public - California >
Z
- Riverside County
My Comm. Expires Jun 7, 20i j
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 hisAher/their
signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the forgoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature A- Piece Notary 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 Legal Business Name of Bidder
Document Date: 11/20/2014 Number of Pages: One (1)
Signer(s) Other Than Named Above: Michael Farkas
Signer's Name: Mark Luer Signers Name: Robert Bradley
o Individual o Individual
otorporate Officer—Title(s): President /
�t,orporate Officer—Title(s): Vice -President
to Partner C o Limited o General o Partner ❑ o Limited c General
o Attorney in Fact
❑Attorney in Fact
o Trustee Top of thumb here op of thumb here
❑ Trustee
a Other: o Other:
Signer is Representing:
,.. Signer is Representing:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Riverside
On November 10, 2014 before me, Donna Thorne Notary Pit lie
Date Hera Insert name and Title of the officer
personally appeared Michael Farkas
Name(s) or Signers)
I
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/sheAhey executed the same in
his/per/their authorized capacity#"), and that by his/hen4h&
DONNA THORNE signature(s) on the instrument the person(a), or the entity upon behalf
Commission # 2067768 of which the persons) acted, executed the instrument.
z 0`m� Notary Public - California z
Riverside County L I certify under PENALTY OF PERJURY under the laws of the State of
My Comm. Expires Jun 7, 2018 California that the forgoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ASLO a w�
Place Notary Seal Above Signature or 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 Legal Business Name of Bidder
Document Date: 11/10/2014 Numberof Pages: One (1)
Signer(s) Other Than Named Above: Mark Luer and Robert Bradley
Signers Name: Michael Farkas
o Individual
xCorporate Officer —Title(s): Secretary
o Partner C': ❑ Limited o General
o Attorney in Fact
o Trustee
o Other:
Top of thumb here
Signer's Name:
o Individual
❑ Corporate Officer — Title(s): _
o Partner I o Limited o General
o Attorney in Fact
❑ Trustee
❑ Other:
Signer is Representing:
All A—;- - - .. -. I I Signer is Representing:
Top of thumb here
City of Newport Beach
OCEAN BLVD AND MARGUERITE AVE PAVEMENT
RECONSTRUCTION
Contract No. 5581
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name
The bidder shall signify receipt of all Addenda here, if any, and attach executed
copy of addenda to bid documents:
17
City of Newport Beach
OCEAN BLVD AND MARGUERITE AVE PAVEMENT
RECONSTRUCTION
Contract No. 5581
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:
lusiness Address:.
Telephone and Fax N
California State Contractor's License No. and Class:!JJy-tS1`3 A C—t2
(REQUIRED AT TIME OF AWARD)
Original Date Issued: \ �Ck n Expiration Date: k I aN Iyn
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
3�.7►�'9:^C:�� . ► � •.tea � , �•
Corporation organized under the laws of the State of
W.
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
Oc
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;
T`
Briefly summarize the parties' claims and defenses;
A
Have you ever had a contract terminated by the owner/agency? If so, explain.
NL)
Have you ever failed to complete a project? If so, explain.
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 / No
19
Are any claims or actions unresolved or outstanding? Yes /I�o
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.
�rts�
(Print name of Owner or President
of Corporation/Company)
t orized SignaturefTitle-
Title
11 11 oll�
Date
On 00J44M11bP✓i 4;1-014 before me, t�bhtlaTkQVAz. Notary Public, personally
appeared Rp V) P '(Jf �13M , who proved to me on the
basis of satisfactory evidence to be the person(o whose name(,i) is/are subscribed to the within
instrument and acknowledged to me that he/shohey executed the same in his/herAheir authorized
capacity(ie5), and that by his/hefMte signature(o on the instrument the person, or the entity upon
behalf of which the person(slacted, 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.
&ft(xrt.ct J4 Q�
Notary Public in and for said State
My Commission Expires: b 010
(SEAL)
DONNA THORNE
Commission # 2087788
Z :'+s Notary Public • California z
Z '' Riverside County
UM My Comm. Expires Jun 7, 2018
20
City of Newport Beach
Contract No. 5581
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
Page: 1 of 2
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 1
OCEAN BLVD AND MARGUERITE AVE
PAVEMENT RECONSTRUCION
CONTRACT NO 55j581J f
DATE: �4 BY: ✓/J VII
Deputy Public Wo ks Director
TO: ALL PLANHOLDERS
The following changes, additions, deletions, or clarifications shall be made to the Contract
Documents — all other conditions shall remain the same.
A. SPECIAL PROVISIONS:
1. Delete Section 212-4 SITE FURNISHINGS in its entirety and replace with the
following:
"212-4 SITE FURNISHINGS
The bottle filling station shall be Elkay, Outdoor Bi -Level Tubular Bottle Filling
Station/Fountain with Pet Fountain, Model Number LK44206F1 LDB. www.elkay.com
The bike rack shall be Dero, Hoop Rack Heavy Duty, 2000604-A, Hunter Green RAL
6005 with Custom Laser Cut Plates Welded to Rack, 1001362-A,
www.dero.com/commercial-bike-racks.htmi, with Stainless Trident Security Nuts and
Security Socket (MF37CNTN3 & MF30TRI)."
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.
Page: 2 of 2
1 have carefully examined this Addendum No. 1 and
have included full payment in my Proposal.
Ailx�r��
Bidder's Name (Ple se Print)
OCEAN BOULEVARD AND MARGUERITE AVENUE PAVEMENT
RECONSTRUCTION
CONTRACT NO. 5581
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 14th
day of January, 2015 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and ALL
AMERICAN ASPHALT, a California corporation ("Contractor"), whose address is 400
East Sixth Street, Corona, California 92879, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City has advertised for bids for the following described public work: The work
necessary for the completion of this contract consists of the removal of the
existing concrete pavement, construction of seven (7) inches of polypropylene
fiber reinforced PCC pavement, curb and sidewalk repairs, constructing ADA
compliant access ramps, driveways, water filling station, bike racks, utility
adjustments, signing and striping improvements (the "Project" or "Work").
C. Contractor has been determined by City to be the lowest responsible bidder and
Contractor's bid, and the compensation set forth in this Contract, is based upon
Contractor's careful examination of all Contract documents, plans and
specifications.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. CONTRACT DOCUMENTS
The complete Contract for the Project includes all of the following documents:
Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion
Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A),
Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and
Standard Drawings, Plans and Special Provisions for Contract No. 5581, 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 Ninety Eight Thousand Ninety Eight
Dollars and 001100 ($1,098,098.00).
3.2 This compensation includes:
3.2.1 Any loss or damage arising from the nature of the Work;
3.2.2 Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
3.2.3 Any expense incurred as a result of any suspension or
discontinuance of the Work, but excludes any loss resulting from earthquakes of a
magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis,
and which loss or expense occurs prior to acceptance of the Work by City.
4. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times
during the term of the Contract. Contractor has designated Jerry LeBouef to be its
Project Manager. Contractor shall not remove or reassign the Project Manager without
the prior written consent of City. City's approval shall not be unreasonably withheld.
5. ADMINISTRATION
This Contract shall be administered by the Public Works Department. City's Public
Works Director, or designee, shall be the Project Administrator and shall have the
authority to act for City under this Contract. The Project Administrator or designee shall
represent City in all matters pertaining to the Work to be rendered pursuant to this
Contract.
All American Asphalt Page 2
6. 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.).
7. WRITTEN NOTICE
7.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Contract shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
7.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attention: Public Works Director
City of Newport Beach
Public Works Department
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658
7.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attention: Jerry LeBouef
All American Asphalt
400 E. Sixth Street
Corona, CA 92879
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Contract. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
All American Asphalt Page 3
Work, provided that Contractor is in compliance with the terms of this Contract.
Anything in this Contract that may appear to give City the right to direct Contractor as to
the details of the performance or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of
the Work.
9.1 Contractor shall obtain, provide and maintain at its own expense during
the term of this Contract both of the following: (1) a Faithful Performance Bond in the
amount of one hundred percent (100°/x) of the total amount to be paid Contractor as set
forth in this Contract in the form attached as Exhibit B and incorporated herein by
reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred
percent (100°/x) of the total amount to be paid Contractor as set forth in this Contract
and in the form attached as Exhibit A and incorporated herein by reference.
9.2 The Faithful Performance Bond and Labor and Materials Payment Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category
Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide:
Property -Casualty.
9.3 Contractor shall deliver, concurrently with execution of this Contract, the
Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy
of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in
the State of California.
10. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
11. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
12. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract or for other periods as specified in the Contract Documents,
policies of insurance of the type, amounts, terms and conditions described in the
All American Asphalt Page 4
Insurance Requirements attached hereto as Exhibit C, and incorporated herein by
reference.
13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting power
or twenty-five percent (25%) or more of the assets of the corporation, partnership or
joint -venture.
14. PREVAILING WAGES
In accordance with the California Labor Code (Sections 1770 et seq.), the
Director of Industrial Relations has ascertained the general prevailing rate of per diem
wages in the locality in which the work is to be performed for each craft, classification,
or type of workman or mechanic needed to execute the contract. A copy of said
determination is available by calling the prevailing wage hotline number (415) 703-4774,
and requesting one from the Department of Industrial Relations. All parties to the
contract shall be governed by all provisions of the California Labor Code — including, but
not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981
inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the
job site.
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project
are identified in the Contractor's Proposal and are attached as part of the Contract
Documents. Contractor shall be fully responsible to City for all acts and omissions of
any subcontractors. Nothing in this Contract shall create any contractual relationship
between City and subcontractor, nor shall it create any obligation on the part of City to
pay or to see to the payment of any monies due to any such subcontractor other than as
otherwise required by law. City is an intended beneficiary of any Work performed by the
subcontractor for purposes of establishing a duty of care between the subcontractor and
City. Except as specifically authorized herein, the Work to be performed under this
Contract shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City
16. RESPONSIBILITY FOR DAMAGES OR INJURY
16.1 City and its elected or appointed officers, agents, officials, employees and
volunteers shall not be responsible in any manner for any loss or damage to any of the
materials or other things used or employed in performing the Project or for injury to or
All American Asphalt Page 5
death of any person as a result of Contractor's performance of the Work required
hereunder, or for damage to property from any cause arising from the performance of
the Project by Contractor, or its subcontractors, or its workers, or anyone employed by
either of them.
16.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by Contractor.
16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees
and volunteers (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this Contract,
any Work performed or Services provided under this Contract including, without
limitation, defects in workmanship or materials or Contractor's presence or activities
conducted on the Project (including the negligent, reckless, and/or willful acts, errors
and/or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable for any or all of them).
16.4 Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Contract. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by Contractor.
16.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Project Work.
16.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
All American Asphalt Page 6
16.7 Nothing in this Section or any other portion of the Contract Documents
shall be construed as authorizing any award of attorneys' fees in any action to enforce
the terms of this Contract, except to the extent provided for above.
16.8 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
17. CHANGE ORDERS
17.1 This Contract may be amended or modified only by mutual written
agreement of the parties.
17.2 The Contractor shall only commence work covered by a change order
after the change order is executed and notification to proceed has been provided by the
City.
17.3 There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
18. CONFLICTS OF INTEREST
18.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Contract, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
18.2 If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Contract by City. Contractor shall indemnify and hold harmless City
for any and all claims for damages resulting from Contractor's violation of this Section.
19. TERMINATION
19.1 In the event that either party fails or refuses to perform any of the
provisions of this Contract at the time and in the manner required, that party shall be
deemed in default in the performance of this Contract. If such default is not cured within
a period of two (2) calendar days, or if more than two (2) calendar days are reasonably
required to cure the default and the defaulting party fails to give adequate assurance of
due performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non -defaulting party may terminate the Contract forthwith by giving to the defaulting
party written notice thereof.
19.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract at any time by giving seven (7)
calendar days prior written notice to Contractor. In the event of termination under this
All American Asphalt Page 7
Section, City shall pay Contractor for Services satisfactorily performed and costs
incurred up to the effective date of termination for which Contractor has not been
previously paid. On the effective date of termination, Contractor shall deliver to City all
materials purchased in performance of this Contract.
20. STANDARD PROVISIONS
20.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Contract.
20.2 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator.
20.3 Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
20.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
20.5 Interpretation. The terms of this Contract shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Contract or any other rule of
construction which might otherwise apply.
20.6 Amendments. This Contract may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
20.7 Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
20.8 Controlling Law and Venue. The laws of the State of California shall
govern this Contract and all matters relating to it and any action brought relating to this
Contract shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
20.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
All American Asphalt Page 8
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
20.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this contract, the prevailing party shall not be entitled to attorneys' fees.
20.11 Counterparts. This Contract may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
21. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Contract and all other Contract Documents by Contractor is a
representation that Contractor has visited the Project site, has become familiar with the
local conditions under which the Work is to be performed, and has correlated all
relevant observations with the requirements of the Contract Documents.
rir/_1M4�
A waiver by City or any term, covenant, or condition in the Contract Documents
shall not be deemed to be a waiver of any subsequent breach of the same or any other
term, covenant or condition.
23. RECITALS
City and Contractor acknowledge that the above Recitals are true and correct
and are hereby incorporated by reference into this Contract.
[SIGNATURES ON NEXT PAGE]
All American Asphalt Page 9
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 1244 1
By:
Aaron C. Harp ckrn izloi l l j
City Attorney
ATTEST:
Date:
By: "- ) , 64-�
Leilani I. Brown
City Clerk
►U
C o
CITY OF NEWPORT BEACH,
a California mu, /nicipaI corporation
Date: i - 17-i
• /P
Mayor
CONTRACTOR: All American Asphalt, a
California corporation
Date:-3�v\tA ,— -) -)„k
Bw— r i " v "
Mark Luer
President
Date r Z Z I S
By:
Michael Farka
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
All American Asphalt Page 10
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Riverside
On January 2, 2015 before me, Rebecca Angela Parra, Notary Public
Dale 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 helshe/they executed the same in
REBECCA ANGELA PARKA his/her/their authorized capacity(ies), and that by his/her/their
Commission 2D24944 signature(s) on the instrument the person(s), or the entity upon behalf
a `z of which the person(s) acted, executed the instrument.
Z .p_ _ Notary Public - California z
Z i Riverside County D
MyCCo'm�m. EE�x ires May 17, 2017I certify under PENALTY OF PERJURY under the laws of the State of
California that the forgoing paragraph is true and correct.
WITNESS my h d official seal.
Signature
Place Notary Seal Above Sign re 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
Document Date: _1/2/2015Number of Pages: Ten (10)
Signer(s) Other Than Named Above: City of Newport Beach
Capacity(ies) Claimed by Signer(s)
Signer's Name: Mark Luer
❑ Individual
❑ 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
RIGHT THUMBPRINT
❑ Attorney in Fact OF SIGNER
Top of thumb here
❑ Trustee
❑ Other:
Signer is Representing:
Bond No.: 7643160
Premium is included in the performance bond
Executed in:2 Counterparts
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. 7643160
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 the work
necessary for the completion of this contract consists of the removal of the existing
concrete pavement, construction of seven (7) inches of polypropylene fiber reinforced
PCC pavement, curb and sidewalk repairs, constructing ADA compliant access ramps,
driveways, water filling station, bike racks, utility adjustments, signing and striping
improvements, 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 Ninety Eight Thousand Ninety Eight Dollars and 001100 ($1,098,098.00)
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.
All American Asphalt Page A-1
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to
the terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 22nd day of December 12014 .
All American Asphalt
Name of Contractor (Principal) Authorized Signaturetritie
r,�st�k
Fidelity and Deposit Company of Maryland
Name of Surety
777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017
Address of Surety
(213)270-0600
Telephone
Rebecca Haas -Bates, Attomey-in-Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
All American Asphalt Page A-2
ACKNOWLEDGMENT
State of California
County of **Please See Attached** } 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
State of California
County of ) ss.
ME
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)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Riverside
on January 2. 2015 before me, Rebecca Angela Parra, Notary Public
Date Here Insert name and Title of the officer
personally appeared Mark Luer
Name(s) of Signer(s)
f
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(&) Were subscribed to the within instrument
and acknowledged to me that he/shekhey executed the same in
REBECCA ANGELA PARKA his/he4kheir authorized capacity(ies), and that by his/her/thek
x.J.
Commission E 202ARR signature(s) on the instrument the person(s), or the entity upon behalf
4944
_'• w Notary Public - California z of which the person(s) acted, executed the instrument.
_ b Riverside County -' I certify under PENALTY OF PERJURY under the laws of the State of
My Comm Expires May +7 20t California that the forgoing paragraph is true and correct.
WITNESS m h nd rid official seal.
Signature �%�.o� ��
Place Notary Seal Above Signal ft 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 Payment Bond No. 7643160
Document Date 12/22/2014 Number of Pages: Three (3)
Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland
Capacity(lies) Claimed by Signer(s)
Signer's Name: Mark Luer
o Individual
X Corporate Officer—Title(s): President
o Partner 0 o Limited o General
o Attorney in Fact
o Trustee
o Other:
Signer is Representing:
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer—Title(s): _
o Partner ❑ o Limited o General
o Attorney in Fact
o Trustee
o Other:
is
Top of thumb here
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
State of California
County of Orange
On 12/22/2014 before me, R. Parente, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Rebecca Haas -Bates
Name(s) of Signer(s)
R.PARAMO
Commission # 2035890
Z ; �® Notary Public - California i
Z Orange County
MComm. Ex ires Au 5, 2017 J
Place Notary Seal Above
who proved to me on the basis of satisfactory
evidence to be the person(a) whose names) is/are
subscribed to the within instrument and acknowledged
to me that 4e/she/theg executed the same in
his/her/#w* authorized capacity(ies), and that by
hris/her/thele signatures) on the instrument the
person*,, or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State-o"Q lifornia that the foregoing paragraph
my
of Notary
OPTIONAL
Though this section Is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Payment Bond No. 7643160 Document Date: 12/22/2014
Number of Pages: Three (3) Signer(s) Other Than Named Above: All American Asphalt
Capacity(ies) Claimed by Signer(s)
Signer's Name: Rebecca Haas -Bates
❑ Corporate Officer—Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual OAttorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Fidelity and Deposit Company of Maryland
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: 'That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seat 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 seats of the said Companies,
this 22nd day of December 2014 .
t*� ouor� '�/
.r°"` . � ltAL
,�. ��
rqL ;
Thomas O. McClellan, Vice President
Bond No.: 7643160
Premium: $4,337.00
Premium is for contract term and is subject
To adjustment based on Final contract price
Executed in: 2 Counterparts
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. 7643160
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 4,337.00 , 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 the work
necessary for the completion of this contract consists of the removal of the existing
concrete pavement, construction of seven (7) inches of polypropylene fiber reinforced
PCC pavement, curb and sidewalk repairs, constructing ADA compliant access ramps,
driveways, water filling station, bike racks, utility adjustments, signing and striping
improvements, 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 Ninety Eight Thousand Ninety Eight Dollars and 00/100 ($1,098,098.00) 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
All American Asphalt Page B-1
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the
Principal in full force and effect for one (1) year following the date of formai 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 22nd day of December 2014
All American Asphalt (/
Name of Contractor (Principal) Authorized Si nature/Title
M '<' L. er,�rtside -
Fidelity and Deposit Company of Maryland
Name of Surety
777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017
Address of Surety
(213)270-0600
Telephone
Rebecca Haas -Bates, Attorney -in -Fact
Print Name and Title
NOTARYACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
All American Asphalt Page B-2
ACKNOWLEDGMENT
State of California
County of **Please See Attached** } 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
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/herltheir 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)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Riverside
On January 2, 2015 before me, Rebecca Angela Parra, Notary Public
Date Here Insert name and Title of the Officer
personally appeared Mark Luer
Name(s) of Signer(s)
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/sheAl4ey executed the same in
REBECCA ANGELA PARRA his/heF4hP4F authorized capacity(ies), and that by his/ber/their
Commission # 2024944 signature(s) on the instrument the person(s), or the entity upon behalf
a a tIz of which the person(s) acted, executed the instrument.
zi = Notary Public - California z
Riverside County
My Comm. Ex tires May 17, 2017 1 certify under PENALTY OF PERJURY under the laws of the State of
California that the forgoing paragraph is true and correct.
WITNESS my hand:a d1ofricial seal.Z�L_
/
Signature ,
Place Notary Seal Above Signature o iotary 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 Performance Bond No. 7643160
Document Date 12/22/2014 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: Mark Luer
o Individual
XCorporate Officer —Title(s): President
❑ Partner ❑ o Limited o General
❑ Attorney in Fact
❑ TrusteeI Top of thumb here
❑ Other:
Signer is Representing:
Signer's Name:
❑ Individual
❑ Corporate Officer —Titie(s): _
❑ Partner ❑ o Limited o General
❑ Attorney in Fact
o Trustee
o Other:
is
Top of thumb here
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE
<<
State of California
County of Orange
On 12/22/2014 before me, R. Paramo, Notary Public
,
Date Here Insert Name and Title of the Officer
personally appeared Rebecca Haas -Bates
R. PARAMO
Commission # 2035890
Notary Public - California z
Orange County
My Comm. Expires Au 5, 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( is/are
subscribed to the within instrument and acknowledged
to me that 4+e/she/ttreg executed the same in
Eiis/her/their authorized capacity(iee), and that by
iris/her/their signatures) on the instrument the
person*,, or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the-StasFot-Qq1lfom1a_that the foregoing paragraph
my
of Notary
OPTIONAL
Though this section /s optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Performance Bond No. 7643160 Document Date: 12/22/2014
Number of Pages: Three (3) Signer(s) Other Than Named Above: All American Asphalt
Capacity(ies) Claimed by Signer(s)
Signer's Name: Rebecca Haas -Bates
❑ Corporate Officer — Titte(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual pAttomey in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: Signer Is Representing:
Fidelity and Deposit Company of Maryland
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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,
recognizanees, 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 Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my time and affixed the corporate seals of the said Companies,
this 22nd day of December . 2014 .
(0
W
Thomas O. McClellan, Vice President
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Contract, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. if
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee for bodily injury by accident and each employee for bodily
injury by disease in accordance with the laws of the State of California,
Section 3700 of the Labor Code. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with California law for all of
the subcontractor's employees. The insurer issuing the Workers'
Compensation insurance shall amend its policy by endorsement to waive
all rights of subrogation against City, its elected or appointed officers,
agents, officials, employees and volunteers. Contractor shall submit to
City, along with the certificate of insurance, a Waiver of Subrogation
endorsement in favor of City, its elected or appointed officers, agents,
officials, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate and two
million dollars ($2,000,000) completed operations aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
All American Asphalt
insured contract (including the tort liability of another assumed in a
business contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
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,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its elected or appointed officers, agents, officials employees and
volunteers shall be included as additional insureds under such policies.
C. Primary and Non Contributory. Contractor's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to
City, its elected or appointed officers, agents, officials, employees and
volunteers. Any insurance or self-insurance maintained by City shall be
excess of Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
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
All American Asphalt
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. Contractor shall require and verify that
all subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Exhibit A are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Contractor. Any available proceeds in excess of specified minimum
limits of insurance and coverage shall be available to the City.
F. Self-insured Retentions. Contractor agrees not to self -insure or to use
any self-insured retentions on any portion of the insurance required herein
and further agrees that it will not allow any indemnifying party to self -
insure its obligations to City. If Contractor's existing coverage includes a
All American Asphalt
self-insured retention, the self-insured retention must be declared to City.
City may review options with Contractor, which may include reduction or
elimination of the self-insured retention, substitution of other coverage, or
other solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
G. City Remedies for Non Compliance. If Contractor or any subcontractor
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Contract, or to suspend Contractor's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Contractor or
reimbursed by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Contract are intended to
apply to the full extent of the policies. Nothing contained in this Contract
or any other agreement relating to City or its operations limits the
application of such insurance coverage.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this
or any other Contract or agreement with City. Contractor shall provide
proof that policies of insurance required herein expiring during the term of
this Contract have been renewed or replaced with other policies providing
at least the same coverage. Proof that such coverage has been ordered
shall be submitted prior to expiration. A coverage binder or letter from
Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be
provided to City with five (5) calendar days of the expiration of the
coverages.
K. Maintenance of General Liability Coverage. Contractor agrees to maintain
commercial general liability coverage for a period of ten (10) years after
completion of the Project or to obtain coverage for completed operations
liability for an equivalent period.
All American Asphalt
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 1/7/15
Dept./Contact Received From: Raymund
Date Completed: U7/15 Sent to: Raymund By: Chris
Company/Person required to have certificate: All American Asphalt
Type of contract: All Others
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 8/1/14-8/1/15
A.
INSURANCE COMPANY: Arch Specialty Ins Co
B.
AM BEST RATING (A-: VII or greater): A+:IX
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
❑ Yes N No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
1,000,000/2,000,000
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 ❑ No
I.
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: 8/1/14-8/1/15
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?
N Yes ❑ No
D.
LIMITS - If Employees (Must be $1M 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 N Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 8/1/14-8/1/15
A. INSURANCE COMPANY: Zurich American Insurance Company
B.
C.
D.
E.
F.
G.
H.
AM BEST RATING (A-: VII or greater): A+:XV
ADMITTED Company (Must be California Admitted):
WORKERS' COMPENSATION LIMIT: Statutory
EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
WAIVER OF SUBROGATION (To include): Is it included?
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
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:
04 � 1/7/15
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
XYes
ON
y Yes
■•
1,000,000
1/ Yes
■
/t E]Yes
■
■ ZYes
EINI
/1 ■ ■
® N/A ❑ Yes ❑ No
i1 ■ ■ .
&1� 2
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 approval/exception/waiver:
RM approval needed for non -admitted status of general liability carrier. Approved by Sheri 12-23-13
Sheri approves elimination of builder's risk requirement. 12-23-13
Approved:
Risk Management Date
Subject to the terms of the contract.
PR1of6
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
OCEAN BLVD AND MARGUERITE AVE PAVEMENT RECONSTRUCTION
CONTRACT NO. 5581
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby
proposes to furnish all materials except that material supplied by the City and shall perform
all work required to complete Contract No. 5581 in accordance with the Plans and Special
Provisions, and will take in full payment therefore the following unit prices for the work,
complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
2.
Lump Sum Mobilization and Demobilization
�venk �Luusanci nine
Dollars
and
Zez� Cents $ '7o,ft 00
Per Lump Sum
Lump Sum Traffic Control
@"cv,,u,�_ rw:�o- sem. Dollars
and
Zags Cents $
Per Lump Sum
3. Lump Sum Surveying Services
tY��r-4ee✓1 4hov5c(n8 one
@ino.,,1w�\ cw�,sy�.,P.-Dollars
and
a Cents $ IS, 12j
Per Lump Sum
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. Lump Sum Provide As -Built Plans
@ Three Thousand Dollars
and
Zero Cents $ 3.000.00
Per Lump Sum
5. 150,000 S.F. Remove Existing and Reconstruct PCC Street Pavement
@ VQO Dollars
and
rn Cents $ � ,to $ 7ZDj000"
Per Square Foot
6. 400 L.F Remove Existing and Reconstruct Type B Curb
aueni � „MP Dollars
and
7e R� Cents $ 21
Vp
Per Linear Foot
7. 375 S.F. Remove Existing and Reconstruct Alley Approach
@Fw Pa Dollars
and
Cents $ "a� $ S,zSO `a
Per Square Foot
8. 400 S.F. Remove Existing and Reconstruct Driveway Approach
@ V� Dollars 6 (000, no
and
Zeeo Cents $ Iii sn $ 5 S
Per Square Foot
9. 3,500 S.F. Remove Existing and Reconstruct Sidewalk
@ Dollars
and
Zszo Cents $ ' �b $ 31, SOO 0°
Per Square Foot
PR3of6
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
10. 2 Each Remove Existing and Reconstruct Local Depression
@s; vo,dr.A r.,.,w Dollars
and
2:Z¢0 Cents $ Cg`Zt7`�` $
Per Each
11. 20 Each Remove Existing and Reconstruct Curb Access Ramp
Dollars
and
z�G,zo Cents $ 2°-loo,� $ �S)00D"'
Per Each
12. 925 C.Y. Import Sand — Subgrade Preparation
@� —Dollars
and
2e¢o Cents $ Zb. $ 2,900
Per Cubic Yard
13. 1 Each Remove Existing and Construct Concrete Barrier
`uenLeen�Hwa'Y.ncS
Dollars
and
Zc Ra Cents $ 17520 $ fZSbo'`°
Per Each
14. 28 Each Remove Existing and Replace New Water Valve Box and Cover
Dollars
and 2
zeo Cents $ JSb' " $ q, boo
Per Each
15. 4 Each Adjust Manhole Frame and Cover to Grade
Dollars
and
2sa� Cents $ 7000° $ 21$60.0°
Per Each
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
16. 6 Each Remove, Store and Reinstall Existing Signs on New Posts
@6.,P Dollars
and
7�en Cents $ luo-0
Per Each
17. Lump Sum Traffic Striping, Signs, Pavement Markings
and Pavement Markers
5*.Van4� 4'nu\rx 'N
@ Dollars
and
2Gri Cents
Per Lump Sum
18. 8 Each Remove and Replace Traffic Signal Detector Loop
U
@ +50' hone Dollars
and
Zsea Cents
Per Each
$ _... {(4v. 00
$ 17;
$ $ 34zoo •0o
1 Each Furnish and Install Filling Station and French Drain
S iMu wand 4"Me
@ g ragJa,/ Dollars
and
Zeno Cents $ it 3Sb' L v $
Per Each
4 Each
Furnish and Install Bike Racks
C�ONO konDollars
and
Z Fa Cents
Per Each
21. 1 Each Furnish and Install 1 -Inch Water Service
Dollars
and
7-e v- Cents
Per Each
7, 3S0.00
q,
�OO• a4
$ 000. 0 $ 5,00C."
PR5of6
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
22. 1 Each Furnish and Install Curb Drain
@_',.,r Dollars
and
Zg7. Cents $ Lloo` ' $ 906 -.-
Per Each
23. 1 Each Remove Existing Drinking Fountain
@ Dollars
and
Zeman Cents $ 25" $
Per Each
24. 4 Each Remove Existing Landscaping and Modify Existing Irrigation
owe, +Vvov-cW
@ T o v� Dollars
and
7r,v:,d Cents $ ►,Zoo $ L1 $aa."
Per Each
25. Lump Sum Protect In -Place Existing Guardrail and
Embed Posts into New Concrete Curb
@ 3sx h,&,!ri Dollars
and
-&4.0 Cents $ (00D °
Per Lump Sum
26. 270 S.F. Furnish and Install AC Slot Patch
X:'ve_ Dollars
and
?eeo Cents $ 25,00 $ C0175-0``�
Per Square Foot
27. 1 Each Construct Sidewalk Ramp
TwJ tha�xx'nd
@ �F°�r 1 *,Ar A Dollars
and
Zr_ V-0 Cents $ 2,LtW`"" $ W``
Per Each
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
28. 9 Each Remove Existing Bollards, Barriers and Posts
ihue - YW nLU<c�
Dollars
and
zcQa Cents $ SIIs-b
Per Each
TOTAL PRICE IN WRITTEN WORDS
One cal;jlto,� nine-ly eigl*� Dollars
and 2e. Cents
1.0lioit�f
Date—f
�lS�=�3ln=ltc�h' aSl--i3lo= loo
Bidder's Telephone and Fax Numbers
21_0'lugl b 9}C-1..
2
Bidder's License No(s).
and Classification(s)
$ 1,09S9C)ci$.o-
Total Price (Figures)
Bidder's Address
Bidder's email address: -:j>, c. ,oma `aUnmr ;cn wso na�� �ce�
Last saved by Frank Tran10/28/2014 9:26 AM
is\users\pbvhshared\contracts\fy14-15 current projects\200 -streets and drainage\o-5581 - corona del mar street improvements ph 1
cap15-0045\proposal c-5581.doc
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
OCEAN BLVD AND MARGUERITE AVE PAVEMENT RECONSTRUCTION
CONTRACT NO. 5581
PART 1 - GENERAL PROVISIONS
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-6 WORK TO BE DONE
2-9 SURVEYING
2-9.1 Permanent Survey Markers
2-9.2 Line and Grade
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.3 Markup Replace this section with the following:
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.4 Inspection and Testing
SECTION 5 - UTILITIES
5-1 LOCATION
5-2 PROTECTION
5-7 ADJUSTMENTS TO GRADE
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
6-1.1 Construction Schedule
6-7 TIME OF COMPLETION
6-7.1 General
6-7.2 Working Days
6-7.4 Working Hours
6-9 LIQUIDATED DAMAGES
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR'S EQUIPMENT AND FACIUITIES
7-1.2 Temporary Utility Services
7-7 COOPERATION AND COLLATERAL WORK
7-8 WORKSITE MAINTENANCE
7-8.4.3 Storage of Equipment and Materials in Public Streets
7-8.6 Water Pollution Control
7-8.6.2 Best Management Practices (BMPs)
7-8.7.2 Steel Plates
7-10 PUBLIC CONVENIENCE AND SAFETY
7-10.1 Traffic and Access
7-10.3 Street Closures, Detours and Barricades
7-10.4 Safety
7-10.4.1 Safety Orders
Z
1
1
1
1
2
2
2
2
2
3
3
3
3
3
3
3
4
4
4
4
4
4
5
5
5
6
6
6
6
7
7
7
7
8
8
8
8
9
9
7-10.5 "No Parking' Signs
9
7-10.6 Notices to Residents
10
7-10.7 Street Sweeping Signs and Parking Meters
10
7-15 CONTRACTOR'S LICENSES
11
7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS
11
SECTION 9 - MEASUREMENT AND PAYMENT
11
9-3 PAYMENT
11
9-3.1 General
11
9-3.2 Partial and Final Payment.
15
PART 2 - CONSTRUCTION MATERIALS
15
SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS
15
201-1 PORTLAND CEMENT CONCRETE
15
201-1.1 Requirements
15
201-1.1.2 Concrete Specified by Class and Alternate Class
15
201-2 REINFORCEMENT FOR CONCRETE
15
201-2.2 Steel Reinforcement
15
201-2.2.1 Reinforcing Steel
15
201-2.3 Fiber Reinforcement
16
SECTION 203 — BITUMINOUS MATERIALS
16
203-6 ASPHALT CONCRETE
16
203-6.4 Asphalt Concrete Mixtures
16
203-6-4.3 Composition of Grading
16
SECTION205 — PILES
16
205-3 CONCRETE PILES
16
203-5.3.1 General
16
SECTION 212 — LANDSCAPE AND IRRIGATION MATERIALS
16
Add this section
16
212-4 SITE FURNISHINGS
16
SECTION 214 - PAVEMENT MARKERS
17
214-4 NONREFLECTIVE PAVEMENT MARKERS
17
214-5 REFLECTIVE PAVEMENT MARKERS
17
PART 3 - CONSTRUCTION METHODS
17
SECTION 300 - EARTHWORK
17
300-1 CLEARING AND GRUBBING
17
300-1.3 Removal and Disposal of Materials
17
300-1.3.1 General
17
300-1.3.2 Requirements
18
300-1.5 Solid. Waste Diversion
18
SECTION 302 - ROADWAY SURFACING
18
302-5 ASPHALT CONCRETE PAVEMENT
18
302-5.4 Tack Coat
18
302-6 PORTLAND CEMENT CONCRETE PAVEMENT
18
302-6.6 Curing
18
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
19
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND
DRIVEWAYS
19
303-5.1 Requirements
19
303-5.1.1 General
�I I,
19
303-5.4 Joints
19
303-5.4.1 General
19
303-5.5 Finishing
20
303-5.5.1 General
20
303-5.5.2 Curb
20
303-5.5.4 Gutter
20
SECTION 307 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS
20
307-17 TRAFFIC SIGNAL CONSTRUCTION
20
307-17.7 Vehicle Detectors
20
307-17.7.3 Inductive Loop Detectors
20
SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION
21
308-1 General
21
SECTION 314 —TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS
22
314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS.
22
314-2.1 General
22
314-2.3 Payment
22
314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS.
22
314-4.2 General
22
314-4.3.5 Application
22
314-5 Pavement Markers
23
PART 4
24
SECTION 400 - ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, 24
PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 24
400-2 UNTREATED BASE MATERIALS 24
400-2.1 General 24
400-2.1.1 Requirements 24
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT Ni
Exp.
CONTRACT NO. 5589
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-6043-5); (3) the City's
(2004 Edition), including Supplements; (4) Standard Specifications for Public Works
Construction (2012 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 for Public Works Construction 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
Add to this section, "The work necessary for the completion of this contract consists of
the removal of the existing concrete pavement, construction of 7 inches of
polypropylene fiber reinforced PCC pavement, curb and sidewalk repairs, constructing
ADA compliant access ramps, driveways, water filling station, bike racks, utility
adjustments, signing and striping improvements."
2-9 SURVEYING
2-9.1 Permanent Survey Markers
Delete this section and replace with the following: "The Contractor shall, prior to the
beginning of work, inspect the project for existing survey monuments and then schedule
a meeting with the City Surveyor to walk the project to review the survey monuments.
The Contractor shall protect all survey monuments during construction operations. In
Page 1 of 29
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 Comer 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. The Contractor shall prepare a set of Post -
Construction Corner Records to be processed with the County Surveyor's Office, and
delivery of the accepted County Record provided to the City.
2-9.2 Line and Grade
Add to this section: "The Contractor's California Licensed Land Surveyor shall
utilize/follow the existing City survey records used for the project design to provide all
construction survey services that are required to construct the improvements. The
design surveyor for this project is Coast Surveying and can be contacted at (949) 644-
3317. 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 Replace this section with the following:
"(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(a) 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
Page 2 of 24
work and a markup of 5 percent on work added in excess of $5,000 of the
subcontracted portion of the extra work may be added by the Contractor.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
Add Section 4-1.3.4 Inspection and Testing
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
Add the following after the 3`d paragraph: "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
Add the following: In the event that an existing pull or meter box or cover is damaged by
the Work and is not re -useable, the Contractor shall provide and install a new pull or
meter box or cover of identical type and size at no additional cost to the City. Any
satisfaction of the engineer.
Page 3 of 24
Add Section 5-7 ADJUSTMENT TO GRADE
5-7 ADJUSTMENTS TO GRADE
The Contractor shall adjust or replace to finish grade of 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.
SECTION 6 - PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
Add to this section: The time of completion as specified in Section 6-7, shall commence
on the date of the `Notice to Proceed.
6-1.1 Construction Schedule
Add the following between the first and second paragraphs of this section:
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
Add to this section: The Contractor shall complete all work under the Contract within
seventy (70) consecutive working days after the date on the Notice to Proceed.
Page 4 of 24
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
Revise 3) to read: "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 31 s (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."
Add the following Section 6-7.4 Working Hours
6-7.4 Working Hours
Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work
site, storage sites, staging areas, etc., before or after the normal working hours
prescribed above.
Should the Contractor elect to work outside normal working hours, Contractor must first
obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30
p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working
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.
6-9 LIQUIDATED DAMAGES
Revise sentence three to read: "For each consecutive calendar day after the time
specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the
City or have withheld from moneys due it, the daily sum of $1,000.00
Revise paragraph two, sentence one, to read: "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
Page 5 of 24
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
Add to the end of this section: If the Contractor elects to use City water, he shall
arrange for a meter and tender an $1,073.21 meter deposit with the City. Upon return of
the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly
charge for meter use, a charge for water usage and any repair charges for damage to
the meter.
Water used during construction shall be paid for by the Contractor. This includes water
for flushing and pressure testing water lines, compaction, irrigation during maintenance
period for landscaping, etc.
City shall designate to the Contractor the location of the fire hydrant or other connection
acceptable for drawing of construction and temporary water. City reserves the right to
limit the location, times and rates of drawing of such water
7-7 COOPERATION AND COLLATERAL WORK
Add to this section: City forces will perform all shut downs of water facilities as required.
The Contractor shall provide the City advanced notice a minimum of seven calendar
days prior to 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 City of Newport Beach Utilities Division at (949) 644-3011."
Page 6 of 24
7-8 WORK SITE MAINTENANCE
Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets
7-8.4.3 Storage of Equipment and Materials in Public Streets
Delete the first paragraph and add the following: Construction materials and equipment
may only be stored in 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
Add to this section: Surface runoff water, including all water used during sawcutting
operations, containing mud, silt or other deleterious material due to the construction of
this project shall be treated by filtration or retention in settling basin(s) sufficient to
prevent such material from migrating into any catch basin, Newport Harbor, the beach,
or the ocean. The Contractor shall also comply with the Construction Runoff Guidance
Manual which is available for review at the Public Works Department or can be found
on the City's website at www.newportbeachca.gov/publicworks and clicking on permits,
then selecting the link Construction Runoff Guidance Manual. Additional information
can be found at www.cleanwaternewport.com."
7-8.6.2 Best Management Practices (BMPs)
Add to this section: 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
Page 7 of 24
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
Add to this section: The Contractor shall provide traffic control and access in
accordance with Section 7-10 of the Standard Specifications and the latest edition of
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
Add to this section: The Contractor shall submit to the Engineer - at least five working
days prior to the pre -construction meeting - a traffic control plan and detour plans(s) for
each street. The Contractor shall be responsible for processing and obtaining approval
of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to
the conditions of the traffic control plan. Traffic control plans shall be prepared by a
licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC
CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be
signed and sealed by a California licensed traffic engineer. Traffic control and 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.
Page 8 of 24
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, signs mounted on barricades in order on the approach and at the
closure."
8. Contractor shall restore access to driveways or alley approaches within 10
consecutive working days of concrete removal.
9. Prior to the start of construction, Contractor shall submit construction phasing
plans for City review and approval.
7-10.4 Safety
7-10.4.1 Safety Orders
Add to this section: The Contractor shall be solely and completely responsible for
conditions of the job -site, including safety of all persons and property during
performance of the work, and the Contractor shall fully comply with all State, Federal
and other laws, rules, regulations, and orders relating to the safety of the public and
workers.
The right of the Engineer or the City's Representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site."
Add the following Section 7-10.5 "No Parking" Signs
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 $2.00
Page 9 of 24
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.
Add the following Section 7-10.6 Notice to Residents
7-10.6 Notices to Residents
Ten working days prior to starting work, the Contractor shall deliver a construction
notice to residents within 500 feet of the project, describing the project and indicating
the limits of construction. The City will provide the notice.
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.
Add the following Section 7-10.7 Street Sweeping Signs and Parking Meters
7-10.7 Street Sweeping Signs and Parking Meters
After posting temporary "NO -PARKING -TOW AWAY" signs, the Contractor shall cover
street sweeping signs and parking meters, on those streets adjacent to the construction
with a "PERMIT PARKING ONLY" sign, in a manner approved by the Engineer. The
contractor shall also cover all street sweeping signs on the opposite side of the street
from where he has posted the "PERMIT PARKING ONLY" signs, in a manner approved
by the Engineer. Immediately after construction is complete and the alley is opened to
traffic, the Contractor shall remove all signs and uncover the street sweeping signs.
City of Newport Beach "PERMIT PARKING ONLY" signs are available from the
Engineer.
Add the following Section 7-15 Contractor's Licenses:
Page 10 of 24
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.
Add the following Section 7-16 Contractor's Records/As-built Drawings:
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 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
Revise paragraph two to read: The unit and lump sum prices bid for each item of work
shown on the proposal shall include full compensation for furnishing the labor,
materials, tools, and equipment and doing all the work, including restoring all existing
improvements, to complete the item of work in place and no other compensation will be
allowed thereafter. Payment for incidental items of work not separately listed shall be
included in the prices shown for the other related items of work. The following items of
work pertain to the bid items included within the Proposal:
Item No. 1 Mobilization and Demobilization: Work under this item shall include
providing bonds, insurance and financing, preparing the SWPPP- BMP Plan, preparing
and updating a 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.
Page 11 of 24
Item No. 2 Traffic Control: Work under this item shall include delivering all
required notifications and temporary parking permits, post signs and all costs incurred
notifying residents. In addition, this item includes 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
necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport
Beach requirements.
Item No. 3 Surveying Services: Work under this item shall include establishing
survey controls, construction staking, preliminary grades, final grades, all horizontal
alignment, as -built field notes, filing of corner records, reestablishment of property
corners disturbed by the work, protection and restoration of existing monuments and
other survey items as required to complete the work in place.
Item No. 4 Provide As -Built Plans: 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 Engineer for review prior to request for payment. An amount of
$3,000.00 is determined for this bid item. The intent of this pre-set amount is to
emphasize to the Contractor the importance of as -build drawings.
Item No. 5 Remove Existing and Reconstruct P.C.C. Street Pavement: Work
under this item shall include removing existing street section, constructing 7 inch thick
fiber reinforced P.C.C. street pavement, saw -cutting control joints, any necessary
Asphalt Concrete pavement transitions - thick lift to match PCC depth slot paving, and
all other work items as required to complete the work in place.
Item No. 6 Remove Existing and Reconstruct Type B Curb: Work under this item
shall include removing and disposing of the existing curb and gutter, compacting
subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C.
curb and gutter, re -chiseling of curb face for existing underground utilities, restoring all
existing improvements damaged by the work, and all other work items as required for
performing the work complete and in place.
Item No. 7 Remove Existing and Reconstruct Alley Approach: Work under this
item shall include removing existing improvements, subgrade compaction, and
constructing P.C.C. alley approach Type "A" per CNB STD -142-L and all other work
items, as required to complete the work in place.
Item No. 8 Remove Existing and Reconstruct Driveway Approach: Work under
this item shall include removing existing improvements, subgrade compaction, and
constructing 6 inch thick P.C.C. driveway approach per the standard plan or detail
called out on the plans and all other work items as required to complete the work in
place.
Item No. 9 Remove Existing and Reconstruct Sidewalk: Work under this item
shall include removing and disposing of the existing sidewalk, removing and disposing
Page 12 of 24
of existing landscaping/soil, subgrade preparation, subgrade compaction, modifying
existing irrigation system, constructing the 4 -inch thick P.C.C. sidewalk, and all other
work items as required to complete the work in place.
Item No. 10 Remove Existing and Reconstruct Local Depression: Work under this
item shall include removing existing improvements — local depression, subgrade
compaction, and constructing new P.C.C. local depression per CNB STD -304-L and all
other work items as required to complete the work in place.
Item No. 11 Remove and Construct Curb Access Ramp: Work under this item shall
include removing existing improvements, subgrade compaction, and constructing an
ADA Compliant P.C.C. curb access ramp as shown on plans including score marks,
furnishing and installing the truncated dome detectable warning surface, installing 4
inch retaining curb as required, replacing in kind all affected irrigation and landscaping,
regarding adjacent landscaping area for a smooth transition to the satisfaction of the
engineer, adjusting any necessary irrigation and all other work items as required to
complete the work in place. Any work beyond the limits shown on the plans will be paid
for under. 'Remove and Construct 4 -Inch Thick PCC Sidewalk."
Item No. 12 Import Sand — Subgrade Preparation: Work under this item shall
include importing sand to make grade and subgrade preparation for the new pavement
section, placement, grading and compaction and all other items as required to complete
the work in place.
Item No. 13 Remove Existing and Construct Concrete Barrier: Work under this item
shall include removing existing curb, subgrade, sidewalk, metal beam guardrail, all
adjacent bollards; subgrade compaction, and constructing the new concrete barrier with
piles as shown in the Plan Detail on Sheet 2/14 including cast in place indented
lettering - "CDM"; reinforcing steel as shown, dowel and epoxy rebar to existing PCC
improvements and all other work items as required to complete the work in place.
Item No. 14 Remove Existing and Replace New Water Valve Box and Cover to
Grade per STD -511-L: Work under this item shall include removing existing water valve
boxes and installing new water valve boxes and covers to grade per CNB STD -511-L
and all other work items as required to complete the work in place.
Item No. 15 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 per CNB STD -111-L and other work items as required to complete
the work in place.
Item No. 16 Remove, Store and Reinstall Existing Signs on New Posts: Work
under this item shall include removing and storing existing street sign, installing existing
sign on new 2" square Unistrut with 2-1/4" Unistrut base in 12"x12"x18" deep concrete
footing, and all other work items as required to complete the work in place.
Item No. 17 Traffic Striping, Signs, Pavement Markings and Pavement Markers:
Work under this item shall include installing traffic striping, pavement markings, and
Page 13 of 24
pavement markers, including new signs on the striping plan, blue RPM'S at fire hydrant
locations, any red curb as called out on the plans, removal of conflicting traffic striping
and all other work items, as required to complete the work in place.
Item No. 18 Remove and Replace Traffic Signal Detector Loop: Work under this
tem shall include all labor, tools, equipment and material costs to remove and replace
traffic signal detector loops (presence loops shall be Type E per Caltrans STD Plans
ES -5A and ES -513), make electoral 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. 19 Furnish and Install Filling Station and French Drain: Work under this
item shall include furnishing and installing the water filling station, and French drain as
shown on the plans and per Section 212-4, and all other work items as required to
complete the work in place.
Item No. 20 Furnish and Install Bike Racks: Work under this item shall include
furnishing and installing the bike racks with custom laser cut plates, Trident security
nuts and security socket as shown on the plans and per Section 212-4, and all other
work items as required to complete the work in place.
Item No. 21 Furnish and Install 1 -inch Water Service: Work under this item shall
include furnishing and installing of 1 -in water meter service per CNB STD -502-L,
including "corp" stop, lateral, water meter, meter box and service to the water filing
station as shown on the plans, and all other work items as required to complete the
work in place.
Item No. 22 Furnish and Install Curb Drain: Work under this item shall include
furnishing and installing 2 inch ABS pipe from the filling station French drain to the curb
face as shown on the plans, and all other work items as required to complete the work
in place.
Item No. 23 Remove Existing Drinking Fountain: Work under this item shall include
the removal of the existing drinking fountain, abandonment of the existing water service
per the CNB Standard as shown on the plans, and all other work items as required to
complete the work in place.
Item No. 24 Remove Existing Landscaping and Modify Existing Irrigation: Work
under this item shall include the removal of existing landscaping and modification of
existing irrigation to allow construction of new sidewalk as shown on the plans, and all
other work items as required to complete the work in place.
Item No. 25 Protect In -Place the Existing Guardrail and Embed the Post into New
Concrete Curb: Work under this item shall include protecting the existing guardrail
during the access ramp construction and embed the existing posts into the access
ramp curb as shown on the plans, and all other work items as required to complete the
work in place.
Page 14 of 24
Item No. 26 Furnish and Install AC Slot Patch: Work under this item shall include
furnishing and installing the asphalt concrete slot patches between the new concrete
pavement and existing asphalt pavement as shown on the plans, and all other work
items as required to complete the work in place.
Item No. 27 Construct Sidewalk Ramp: Work under this item shall the removal of
the existing sidewalk, existing features, unclassified excavation, retaining structures and
construction of new sidewalk, curb, retaining wall, curb drains and gravel drain as
shown on the plans, detail on Sheet 11/14, and all other work items as required to
complete the work in place.
Item No. 28 Remove Existing Bollard, Barriers and Posts: Work under this item
shall include the removal of existing bollard, barriers and posts including foundations as
shown on the plans, and all other work items as required to complete the work in place.
9-3.2 Partial and Final Payment.
Delete the third paragraph and replace with the following: "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."
Add to this section: "Partial payments for mobilization and traffic control shall be
made in accordance with Section 10264 of the California Public Contract Code."
PART 2 - CONSTRUCTION MATERIALS
SECTION 201 - CONCRETE MORTAR AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1 Requirements
201-1.1.2 Concrete Specified by Class and Alternate Class
Add to this section: Portland Cement Concrete for construction shall be Class 560-C-
3250.
201-2 REINFORCEMENT FOR CONCRETE
201-2.2 Steel Reinforcement
201-2.2.1 Reinforcing Steel
Page 15 of 24
Add to this section: Reinforcing steel shall be Grade 60 steel conforming to ASTM A
615 with 2 -inch minimum cover unless shown otherwise on the plans. All reinforcing
steel shall be epoxy coated.
201-2.3 Fiber Reinforcement
Add to this section: Fiber Reinforcement shall be Type III, polypropylene. The
percentage quantity of fiber reinforcement shall be determined by mix design engineer
to achieve a minimum Modulus of Rupture of 450 psi for the 7 inch thick pavement.
SECTION 203 — BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE
203-6.4 Asphalt Concrete Mixtures
203-6-4.3 Composition of Grading
Add this Section: Asphalt Concrete for the asphalt slot paving shall be C2 -PG 64-10.
SECTION 205 — PILES
205-3 CONCRETE PILES
203-5.3.1 General
The Concrete for the concrete barrier pile supports shall be 560-C-3250.
SECTION 212 — LANDSCAPE AND IRRIGATION MATERIALS
Add this section
212-4 SITE FURNISHINGS
The bottle filling station shall be Elkay, Outdoor Bi -Level Tubular Bottle Filling
Station/Fountain with Pet Fountain, Model Number "LK4420BF1 LDB. www.elkay.com
The bike rack shall be Dero, Hoop Rack Heavy Duty, 2000521-A, Hunter Green RAL
6005 with Custom Laser Cut Plates Welded to Rack 1000775-B,
www.dero.com/commercial-bike-racks.htmi with Trident Security Nuts and security
socket.
Page 16 of 24
SECTION 214 - PAVEMENT MARKERS
214-4 NONREFLECTIVE PAVEMENT MARKERS
Add to this Section: "All new non -reflective pavement markers types A and AY shall be
ceramic."
214-5 REFLECTIVE PAVEMENT MARKERS
Add to this Section: "All new reflective pavement markers shall have glass -covered
reflective faces or be 3M Series 290."
PART 3 - CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.3 Removal and Disposal of Materials
Add to this Section: "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:
http://newportbeachca.gov/index.aspx?page=157 and then selecting the link Franchised
Haulers List."
300-1.3.1 General
Add to this section: "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.
All affected landscaping hardscape and irrigation is to be replaced in kind, and shall be
regarded as far back as necessary to provide a smooth transition to the satisfaction of
the engineer.
Page 17 of 24
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 Alley
Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly
made to a minimum of two (2) inches." Replace the words "1 '/z inch" of the last sentence
with the words "two (2) inches'.
Add the following Section 301.5 Solid Waste Diversion
300-1.5 Solid Waste Diversion
Non -reinforced concrete and asphalt wastes generated from the job site shall be
disposed of at a facility that crushes such materials for reuse. Excess soil and other
recyclable solid wastes shall not be disposed of at a sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated
and solid wastes disposed of at a sanitary landfill. The Contractor shall report said
tonnage monthly to the Engineer 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
302-5.4 Tack Coat
Add to this section: "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
Add to this section: "The Contractor shall not open street improvements to vehicular
use until P.C.C. has attained the minimum compressive strength specified in Section
201-1.1-2 of the Standard Specifications. Said strength may be attained more rapidly,
to meet the time constraints in Section 6-7.1 herein, by the use of additional Portland
cement or admixtures with prior approval of the Engineer."
Page 18 of 24
302-6.6.1 Additional Requirements. The PCCP shall be constructed using the
Standard Green Book Mix Design 560-C-3250 with joints spaced at ten (10) feet on
center in each direction. The Design Mix shall include polypropylene fibers. The
Contractor shall use a "green saw" to saw the initial control joints (longitudinal and
transverse) in the concrete on the same day as placement. The Contractor shall provide
good curing procedures to seal -in water during the initial seven (7) days of curing.
The Contractor shall follow the following joint procedures in spacing and sealing:
1. A "Green Saw" shall be used to saw the initial control joints in the concrete on
the same day as placement for longitudinal and transverse joints
2. Joint the pavement at ten (10) foot on center each way or as directed by the
Engineer in the field
3. Where possible adjust the longitudinal joint spacing to keep joints out of normal
wheel paths
4. All joints shall be sealed with Sika Flex sealant.
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY
INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS
303-5.1 Requirements
303-5.1.1 General
Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian
access on the day following concrete placement. 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."
303-5.4 Joints
303-5.4.1 General
Add to this section: "The Contractor shall make a sawcut parallel to the centerline of the
alley, 2 feet along each side of centerline, over the entire length of the alley. The
Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring
the pavement along the property lines or constructing an edged cold joint. All sawcuts
shall be made to a depth of 2 inches."
Page 19 of 24
303-5.5 Finishing
303-5.5.1 General
Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within
private property at locations shown on the plans in a manner that matches the adjoining
existing private property in structural section, texture and color."
303-5.5.2 Curb
Add to this section: "The Contractor shall install or replace curb markings that indicate
sewer lateral or water valve location on the face of the curb. The Contractor shall mark
the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled 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
Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet
of those elevations shown on the plan."
SECTION 307 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS
307-17 TRAFFIC SIGNAL CONSTRUCTION
307-17.7 Vehicle Detectors
307-17.7.3 Inductive Loop Detectors
Amend this Section to include: "Traffic signal loop detectors shall be installed per
Caltrans Standard Plans ES -5A and ES -5B and shall be Type E spaced ten feet apart.
Front loops shall be a 6' diameter, modified Type E per the Traffic Signal Specifications
Supplemental and will be placed immediately behind the limit line/crosswalk. Loop wire
shall be Type 2. Loop Sealant shall be Hot -Melt Rubberized Asphalt sealant.
All installed loop detectors shall be completely functional to the satisfaction of the
Engineer within five consecutive working days after the PCC pavement has reached
3,OOOpsi and traffic has been allowed back on the pavement.
Page 20 of 24
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.
Roots shall be selected for removal on the basis that will have the least impact
on the health and stability for the tree.
SECTION 314— TRAFFIC STRIPING CURB AND PAVEMENT MARKINGS AND
PAVEMENT MARKERS
314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS.
314-2.1 General
Replace the first sentence of this section with the following: "The Contractor shall remove
existing traffic striping and pavement markings by wet or dry sandblasting, high velocity
water jet, or other methods with Engineer's approval only. Obliteration with black paint or
emulsified asphalt will not be allowed.
314-2.3 Payment
Remove and replace this section with the following: "Payment for removal of traffic
striping and curb markings will be included in the lump sum bid price for TRAFFIC
STRIPING, PAVEMENT MARKINGS, AND PAVEMENT MARKERS and shall include
the removal of all conflicting traffic striping within the project limits.
314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT
MARKINGS.
314-4.2 General
Modify and amend this section to read: "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."
314-4.3.5 Application
Add to this section: "Temporary painted traffic striping and markings shall be applied in
one coat, as soon as possible and within 24 hours after the PCC Pavement has
reached full strength.
i�=
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 pavement
surfaces, at no additional cost to the City."
Add the following Section:
314-5 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.
The location of raised pavement fire hydrant marker shall conform to the City of
Newport Beach Standard Plan No. STD -902-L.
Page 23 of 24
PART 4
SECTION 400 - ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE,
PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL
400-2 UNTREATED BASE MATERIALS
400-2.1 General
400-2.1.1 Requirements
Add to this section: 'The Contractor shall use crushed miscellaneous base as the base
materials."
Page 24 of 24
CITY OF
F NEWPORT REACH
City Council Staff Report
January 13, 2015
Agenda Item No. 10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director- (949) 644-3330,
dawebb@newportbeachca.gov
PREPARED BY: Frank Tran, Civil Engineer
PHONE: (949) 644-3340
TITLE: Ocean Boulevard and Marguerite Avenue Pavement Reconstruction — Award of
Contract No. 5581 (CAP15-0045)
ABSTRACT:
Staff has received construction bids for the Ocean Boulevard and Marguerite Avenue Pavement
Reconstruction project and is requesting City Council's approval to award the contract to All American
Asphalt of Corona, CA. Please see the map in the attachments for the specific area proposed for
reconstruction.
RECOMMENDATION:
a) Approve the project plans and specifications;
b) Award Contract No. 5581 to All American Asphalt for the total bid price of $1,098,098.00 and authorize
the Mayor and City Clerk to execute the contract;
c) Establish a contingency of $110,000.00 (approximately 10%) to cover the cost of unforeseen work not
included in the original contract; and
d) Approve Budget Amendment No. 15BA-024 transferring $20,000 from 7013-C2002077 (CdM Concrete
Street Improvements Phase 1) to 7013-C2002074 (CdM Concrete Street Improvements Phase 2).
FUNDING REQUIREMENTS:
Upon approval of the budget amendment, there will be sufficient funding in the following accounts for the
award of this contract:
Account Descri tion Account Number
Amount
Measure M Fair Share 7282-C2002074
400,000.00
General Fund 7013-C2002074
826 000.00
Total:
$ 1,226,000.00
10-1
Proposed fund uses are as follows
Vendor
Purpose
Amount
All American Asphalt
Construction
$
1,098,098.00
Contract
All American Asphalt
Construction
$
110,000.00
Contingency
American Geotechnical, Inc.
Geotechnical
$
17,115.00
Testing
Various
Printing &
$
787.00
Incidentals
Total:
$
1,226,000.00
DISCUSSION:
At 10:00 a.m. on November 13, 2014, the City Clerk opened and read the following bids for this project:
BIDDER
Low All American Asphalt
2 Nobest, Incorporated
3 Hillcrest Contracting
TOTAL BID AMOUNT
$1,098,098.00
$1,140,000.00
$1,321,191.50
The low bid amount is 22% lower than the Engineer's Estimate of $1,400,000. The disparity between the
estimate and the actual bid prices reflects a continued favorable construction market yielding lower
concrete unit prices. In addition, All American Asphalt is also currently in town and completing the Campus
Drive, San Joaquin Hills Road and San Miguel Drive Street Asphalt Pavement Overlay project which may
yield cost savings in mobilization. The low bidder, All American Asphalt, possesses a California state
contractor's license classification "A" as required by the project specifications. A check of the contractor's
references indicates satisfactory completion of similar projects for other public agencies.
This pavement reconstruction project is located on Ocean Boulevard from Goldenrod Avenue to
Marguerite Avenue, and Marguerite Avenue from East Coast Highway to Ocean Boulevard. The work
necessary for the completion of this contract consists of removing and reconstructing the existing concrete
pavement, upgrading all curb access ramps, installing bike racks and a water bottle filling station at the
Lookout Point, adjusting street utility covers to the new surface grade, and performing other appurtenant
and incidental items of work as required.
In addition to the low bid amount, staff recommends approving a contingency allowance of $110,000.00
(approximately 10%) to cover the cost of unforeseen conditions.
Pursuant to the contract specifications, the Contractor will have 70 consecutive working days to complete
the work.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California Environmental Quality Act
("CEQA") pursuant to Section 15302 (replacement of existing facilities involving negligible expansion of
capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential to have a significant effect on the environment.
10-2
NOTICING:
This project has been publicly discussed as part of the FY 2014-15 Capital Budget review and approval,
and at the November 20th 2014 CdM Resident Association, and in a few city publications such as the City
Managers Newsletter. Staff will also soon be distributing a project fact sheet to the affected neighborhoods
discussing the details of the project, proposed work areas and alternative routes to use. The Contractor is
also required to provide a 10 day and 48 hour notice to all adjoining project residents and businesses so
as to help coordinate and minimize construction related impacts. This agenda item has also been publicly
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 - Location Map
10-3
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ATTACHMENT B
City of Newport Beach
BUDGET AMENDMENT
2014-15
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
Increase Expenditure Appropriations
PX Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
REVENUE ESTIMATES (3601)
Fund/Division Account
EXPENDITURE APPROPRIATIONS (3603)
del Mar Street
NO. BA- 15BA-024
AMOUNT: $20,000.00
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
Ij No effect on Budgetary Fund Balance
Amount
Description Debit Credit
Description
Description
Division Number 7013 Street
Account Number C2002077 CDM Street Improvements
Division Number 7013 Street
Account Number C2002074 Ocean Blvd Concrete Replacement
Signed:
Signed: � L(1�
Adminislrafrve�Approval: City Ma
Signed:
Ciq%Eo )ipproval: City Clerk
$20,000.00
$20,000.00
It
Date
Date
Date
10-5
January 13, 2015
Agenda Item No. 10
Corona del Mar Concrete Street
Improvements (Phase 1)
Ocean Blvd from Goldenrod Ave to Marguerite Ave
and
Marguerite Ave from Ocean Blvd to Coast Hwy
Award of Construction Contract
Public Works Department
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January 13, 2015
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