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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 a� LULUMH a 2ND AVE 2ND AVE IST AVE � D D EOAST H� ❑ TM BAYSIOE pR W � w tt w O j � o a SEAVIEW AVE > SEAVIENA-VE w ��❑a❑❑w 0 w w a �oa a ����wa�W��p��> 2 N O ��K OCEAN BLVD O OCEAN LN O ¢ g D O ZO a LL- a 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 �b (�on�ruG-I�� 55n5 j.o9 Address: 52o EA --T oenir,,t I} Yte�`r-r g2i»7 Phone: State License Number: co97311 Email Address: 13 11r,o - z�i.�, 5hq.w Name: C L Y' S -- Address: tZce9 �ornc,nq � tic ib" �f chi IVey y r l y Coroe>a 92&oZ 3 Phone: �iY�4 - X12 as State License Number: L-2:, gZ$I Email Address: Name: %� k L d Tac p _- 2g-'-"�'�`�����i3 Address: i Phone: S�11,2 17 71y, �xi-t�n � State License Number: 677686 �-r Email Address Cwte 3rrr �, 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: c<c�«-�cU«,<c.-•<.z<c�%<-,,,��,«.oa.�:<:�„�.�sa_ 10 11 c::•c::.,c �,cc<c�<.�s:�<c-,«-�tt...<c•,<�•,<c;ec< Cn i • • • • • • ••./1 • ••C •i 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 c<`,«.<:�<..-._<o<cs«-,.•,a«<as<�,yaxcc�sc«c.;«mac« .-i<r,<.�.�wccv.c-,:a:ccrccy<c�<rscs<.�,c.�.<c��:.<os<:,c<��� 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 I cW G 2 U Q uom weazz - e✓vn/u 6nv5sr don uonoaoi\and awan6iovfoniq a avn ccengq\ciaawc\6uuaaw6w\noun\oa.ouc\rngn\s�asn\',i 0 F LO r �❑ ilO l3NH 3nV AddOd = Z U w CN CN CO D �y <Lli 2 3nv o m m Q O 3n� O O w al Y a� nV I�zroN R a DODD LU z ° L =�D 3ntivw O U � m � Lo D ° U a U , 3AV 31lU3nDUM m 7 o =E y. 3ntl HndsNtlVl P7�0 D m G,r sur w > 3n SI I wD 0 > Q z O m LU 3nOIl3D <F Dz0 � Q w ZN O f rl�fn S _=` 3nDO109 D D 2i� 3ntl 3tl3lU33 0 ❑� w 3ntivnNvo ° m o U z JW m � d 3ntl NOIO tl8 O ,y z LU z > LLJU a_ �/% 0 0 F 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 A Well -Engineered Machine City Council Meeting January 13, 2015 COM,Slate Public Works Department A Well -Engineered Machine Pacific Ocean f C L r � � .�► d / --L1J 1 i _l Hide imager) 1 Public Works Department A Well -Engineered Machine 0 . ti'j 1'+ � •H � l C {{ + � _ ar- -saw �e �� 4 � �. 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