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Home My WebLink AboutC-7185-1 - Arterial Highway Pavement Repair ProgramJuly 24, 2019 All American Asphalt Attn: Michael Farkas 400 E. Sixth Street Corona, CA 92879 Subject: Arterial Highway Pavement Repair Program — C-7185-1 Dear Mr. Farkas: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-6443005 1 949-644-3039 Fax newportbeachca.gov On July 24, 2018, 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 25, 2018 Reference No. 2018000271092. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is 7655248. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 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. 7655248 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,965.00 , 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, Inc, hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of: (1) distributing construction notices to affected businesses and residents; (2) establishing traffic control for construction; (3) grinding existing pavement, reconstructing and overlaying roadway; (4) removing and reconstructing curb and Portland cement concrete ("PCC") maintenance strip; (5) adjusting utilities to grades; (6) installing traffic striping, pavement markings, and raised pavement markers; (7) coordinating with outside utility owners to have their utility facilities raised to grade; and (8) other incidental items to be completed in work place required by the Plans and Specifications (the "Project" or "Work") 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 Four Hundred Ninety Seven Thousand Four Hundred Ninety Seven Dollars and 001100 ($497,497.00) 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. All American Asphalt, Inc. Page B-1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verges only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ ? ss. On 20 before me, "Please See Attached" Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verges only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On _ 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) All American Asphalt, Inc. Page B-3 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 12tH day of December _'2017 . All American Asphalt Name of Contractor (Principal) Aut or z d Si at earfltle Fidelity and Deposit Company of Maryland Name of Surety Authorized Agent Signature 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 Address of Surety (213)270-0600 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By.______ - Aaron C. Harp City Attorney William Syrkin, Attorney -in -Fact _ Print Name and Title N07ARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST HE ATTACHED All American Asphalt, Inc. Page B-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validity of that document. State of California County of Riverside On 12/20/2017 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 persons) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/he4their authorized capacity(ies), and that by his/herRheir REBECCA ANGELA PARRA signature(s) on the instrument the person(s), or the entity upon behalf Notary Public-Cali(ornla of which the person(s) acted, executed the instrument. Riverside County £ Commission 92192458 1 certify under PENALTY OF PERJURY under the laws of the State of AMY comm. Expires May 17,2021 California that the forgoing paragraph is true and correct. ��wwaaaaaa WITNESS my hand�4official seal' f Signature 3 Place Notary Seal Above Signature of Ndtary 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. 7655248 Document Date: 12/12/2017 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 Signer's Name: o Individual o Individual XCorporate Officer —Tttle(s): President o Partner I I o Limited o General o Attorney in Fact W. o Trustee o Other: Signer is Representing: All American Asphalt Top of thumb here o Corporate Officer—Title(s): _ o Partner I I u Limited o General o Attorney in Fact o Trustee o Other: Signer is Representing: Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE . f. •e�G� 'Cw<.�Vv.•.gNa' � sLK•.i� .A<w C.'\V-. T•.q�.G te�.c\,e\t�: ,aNc\Gaer <.i\.c�..�:\ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 12/12/2017 before me, R. Paramo, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Name(*of Signerl's) who proved to me on the basis of satisfactory evidence to be the persons} whose name(s). is/am subscribed to the within instrument and acknowledged to me that he/sha/they executed the same in his/hsdtl r authorized capacity(1Ba), and that by his/hevb%ir signature4on the instrument the person(, or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Calif4r in a that the foregoing paragraph is true and -correct. WITLESS m hand official sea. R. PARAMO Notary Public - California Orange County - nature j Commission N2204277 ®isrrar My Comm. Expires Aug 5, 2011 Signature Of NOtarY Place Notary Seal Above 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. 7655248 Document Date: 12/12/2017 Number of Pages: Three(3) Slgner(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual Q Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: — Fidelity and Deposit Company of Mar land Signer's Name: O Corporate Officer — Title(s): ❑ Partner — 1-1 Limited ❑ General Cl Individual ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: _ F4\epi 4\✓.4�/Gt. �iWGt%.'b e�4-'.G\✓Liei4\�� ..V44..G ..G\�' 1 1 . . . • EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fac, 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 1, 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 ZURICI I AMERICAN INSURANCE, COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 12th day of December 2017 `�a Duet. IoM s Michael C. Fay, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfclaims@zurichna.com 800-626-4577 September 28, 2018 All American Asphalt Attn: Michael Farkas 400 E. Sixth Street Corona, CA 92879 Subject: Arterial Highway Pavement Repair Program C-7185-1 Dear Mr. Farkas: CITY OF NEWPORT83EACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov On July 24, 2018 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 25, 2018, Reference No. 2018000271092. The Surety for the bond is Fidelity and Deposit Company of Maryland and the bond number is 7655248. Enclosed is the Labor & Materials Payment Bond. Sincerely, i� 0 Leilani I. Brown, MMC City Clerk Enclosure premium is included in the performance bond -.xecutedin: 2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO, 7655248 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to All American Asphalt, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of. (1) distributing construction notices to affected businesses and residents; (2) establishing traffic control for construction; (3) grinding existing pavement, reconstructing and overlaying roadway; (4) removing and reconstructing curb and Portland cement concrete ("PCC") maintenance strip; (5) adjusting utilities to grades; (6) installing traffic striping, pavement markings, and raised pavement markers; (7) coordinating with outside utility owners to have their utility facilities raised to grade; and (8) other incidental items to be completed in work place required by the Plans and Specifications (the "Project" or "Work") 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 Four Hundred Ninety Seven Thousand Four Hundred Ninety Seven Dollars and 001100 ($497,497.00) 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 All American Asphalt, Inc. Page A-1 obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 12th day of December 12017 . All American Asphalt Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 Address of Surety (213)270-0600 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: i Aaron C. Harp City Attorney Signature William Syrkin, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, `*Please See Attached** Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 133. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) All American Asphalt, Inc. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validitv of that document. State of California County of Riverside On 12/20/2017 before me, Rebecca Angela Parra, Notary Public Date Here Insert name and Title of the Officer personally appeared Mark Luer Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/heNthek authorized capacity(ies), and that by his/herltheir REBECCA ANGELAPARRA signature(s) on the instrument the person(s), or the entity upon behalf t. Notary Public-Califomla of which the person(s) acted, executed the instrument. Riverside County € Commisslon 92792458 1 certify under PENALTY OF PERJURY under the laws of the State of My Comm. Expires May 17,2021 Califomia that the forgoing paragraph is true and correct. WITNESS my hand- official seal. i Signature�� LiC.t Place Notary Seal Above Signature of 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 Payment Bond No 7655248 Document Date: 12/12/2017 Numberof 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 Signer's Name: o Individual o Individual XCorporate Officer —Title(s): President oCorporate Officer —Title(s): Li Partner 0 o Limited o General o Partner C] o Limited o General o Attorney in Fad eqffl� o Attorney in Fad e Li Trustee Top of thumb here Top of thumb here ❑ Trustee o Other: o Other: Signer is Representing: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .. ==2 :�: c\irc�: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 12/12/2017 before me, R. Paramo, Notary Public Date Here Insert Name and Title of the Offtcer personalty appeared William Syrkin Name(sll of Signer(* who proved to me on the basis of satisfactory evidence to be the persons} whose name4 is/are subscribed to the within instrument and acknowledged to me that he/slte/they executed the same in his/Itet/tlwir authorized capacity(laiii), and that by his/het/iheU signatureZ.on the instrument the person(s),, or the entity upon behalf of which the person(s), acted, executed the instrument. R -P RAMC) _ Notary Public - California Orange County il Commission # 2204277 My Comm. Expires Aug 5, 2021 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of is .that the foregoing paragraph is true a orrect. my hand bbd official Signature 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. 7655248 Document Date: 12/12/2017 Number of Pages: Three(3) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signers) Signer's Name: _ William Syrkin ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ['Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company ofMaryland Signer's Name: ❑ Corporate Officer — Title(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 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 12th day of December 2017 000 Michael C. Fay, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTIOI' OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfclaims@zurichna.com 800-626-4577 PRF7655248 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 are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William Syrkin its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 12th day of December A.D. 2017 . By: Michael P. Bond Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND n -4a ✓♦ . • a On this 12th day of December A.D. 2017 before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Michael P. Bond, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 Batch 3637050 Confirmation RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 4 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II11I1JIIlill1111111111I11IIIIIIIIIIIIflilIIIIII11111liIlJill IJJI III NO FEE *$ R 0 0 1 0 2 4 1 6 2 9$ 201800027109210:07 am 07125118 63 406 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and All American Asphalt, Corona, California, as Contractor, entered into a Contract on November 24, 2017. Said Contract set forth certain improvements, as follows: Arterial Highway Pavement Repair Program - C-7185-1 Work on said Contract was completed, and was found to be acceptable on July 24. 2018, 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. "01 City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. ,_f Q/, P4Executed on �/ 40 , �Vg at Newport Beach, California. 3a ►'��'��lu. �'� Glulil, https:Hgs.secure-recording.com/Batch/Confinnation/3637050 07/25/2018 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and All American Asphalt, Corona, California, as Contractor, entered into a Contract on November 24, 2017. Said Contract set forth certain improvements, as follows: Arterial Highway Pavement Repair Program - C-7185-1 Work on said Contract was completed, and was found to be acceptable on July 24, 2018, 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 (�f... 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. I I Q Executed on v ��/� �i/� ��g at Newport Beach, California. m City Clerk CITY CLE11K CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 by 9:00 AM on the 13th day of November, 2017, at which time such bids shall be opened and read for ARTERIAL HIGHWAY PAVEMENT REPAIR PROGRAM Contract No. 7185-1 $ 350,000 Engineer's Estimate Ap�ved by i ark Vukojevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portallportal.cfm?CompanV[D=22078 Hard copy contract documents are available via Mouse Graphics at (949) 548-5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" For further information, call Frank Tran, Project Manager at (949) 644-3340. BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http: //newportbeachca. gov/g overn m e nt/open-transparent/on I i ne-services/bids-rfps- vendor-registration City of Newport Beach ARTERIAL HIGHWAY PAVEMENT REPAIR PROGRAM Contract No. 7185-1 TABLE OF CONTENTS NOTICE INVITING BIDS ........................ .......... .... ..... . ..... ..................... Cover INSTRUCTIONS TO BIDDERS .................... . ..... .......................... ............................. 3 BIDDER'S BOND ............................. .................. ................................ ....................... 6 DESIGNATION OF SUBCONTRACTOR(S) ............................ ...................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ..........................................10 NON -COLLUSION AFFIDAVIT ........................ .. .......... . ............. .............. 14 DESIGNATION OF SURETIES .................... ... ... .. . ........ . ..... ... ............... 15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD ...... ....................... ..... .............. 16 ACKNOWLEDGEMENT OF ADDENDA .................. . ....... ..... . .............................. 18 INFORMATION REQUIRED OF BIDDER ..................................................................... 19 NOTICE TO SUCCESSFUL BIDDER ............................... ........................................... 22 CONTRACT............................................................................. ..... .... . ...... ............... 23 LABOR AND MATERIALS PAYMENT BOND ............ . .. ....... ................... Exhibit A FAITHFUL PERFORMANCE BOND ........................................................... Exhibit B INSURANCE REQUIREMENTS .................... ............................................ Exhibit C PROPOSAL................................................ ..... .... ... .... ... ............................. PR -1 SPECIAL PROVISIONS ......................... .................................................................. SP -1 2 City of Newport Beach ARTERIAL HIGHWAY PAVEMENT REPAIR PROGRAM Contract No. 7185-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received electronically by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS (Contractor shall also submit info via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL (LINE ITEMS to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 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. (original Bid Bonds must be submitted to the City Clerk's Office.) 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, 3 bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 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. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written 4 statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed 267073 A. C-12 Contractor's License No. & Classification 1000001051 Exp. 06/30/18 DIR Reference Number & Expiration Date All American Asphalt Bidder 5 Autho ized Si ature/Title Edward J. Carlson, Vice President W.1-7 Date Bond No. 08597423 Bid Date: 11/13/2017 City of Newport Beach ARTERIAL HIGHWAY PAVEMENT REPAIR PROGRAM Contract No. 7185-1 BIDDERS BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Total Amount Bid ------ Dollars ($ 10% of Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of ARTERIAL HIGHWAY PAVEMENT REPAIR PROGRAM, Contract No. 7185-1 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 3rd day of Novembers 2017. All American Asphalt /g,a Name of Contractor (Principal) /Authori26d Signatu /Title Es\word ��ts��e,.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 TQ Qui% a �11Qim .-. Authorized Agent Signature Rebecca Haas -Bates, Attorney -In -Fact Print Name and Title (Notary acknowledgment of Principal & SuretV must be attached) ACKNOWLEDGMENT State of California County of ) ss. On before me, personally appeared Notary Public, ,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 OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification _Credible Witness(es) rseaq Thumbprint of Signer ❑ Check here if Capacity of Signer: no thumbprint Trustee or fingerprint Power of Attorney is available. CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: State of California County of On personally appeared ACKNOWLEDGMENT ss. before me, "Please See Attached" , Notary Public, 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 OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney _ CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Anal, Thumbprint of Signer Check here if no thumbprint or fingerprint is available. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validitv of that document. State of California County of Riverside on 11/9/2017 before me, Rebecca Angela Parra, Notary Public Data Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(s) of Signers) REBECCA ANGELAPARRA Notary Public - California Riverside County n Commission 8 2192458 My Comm. Expires May 17, 2021 who proved to me on the basis of satisfactory evidence to be the person(&) whose names) Wars subscribed to the within instrument and acknowledged to me that he/she/Ihey executed the same in his/her/their authorized capacity(iss), and that by his/her/their signature(s) 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 of California that the forgoing paragraph is true and correct. WITNESS m hand tial seal. Y Signature Place Notary Seal Above Signature of Notau 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: 11/03/2017 Number of Pages: Three (3) Signer(&) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(!") Claimed by Signer(G) Signer's Name: Edward J. Carlson Signer's Name: ❑ Individual ❑ Individual X Corporate Officer —Title(s): Vice President ❑ Partner n ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ay m momb ner ❑ Other: Signer is Representing: ❑ Corporate Officer — Title(s): _ ❑ Partner ❑ ❑ Limited o General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENY CIVIL CODE § 1189 .�<.a<.�<.:.. .c�<.4.«:� .wKCC .c�<.a ... s�i.r .a d • a�<s.<.a� - .c�<.w . .o�c+�cc�<.e, s� .:��<.a A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 11/03/2017 before me, A. MacFarlane, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Name(�,),of Signer(* who proved to me on the basis of satisfactory evidence to be the persons} whose names} is/are subscribed to the within instrument and acknowledged to me that Wshe/thea executed the same in InWher/their authorized capacitylLt*, and that by hie4herMwir signatures on the instrument the person(, or the entity upon behalf of which the person(s), acted, executed the instrument. A. MACFARLANE Notary Public - California Orange County 5: Commission a 2188592 My Comm. Expires Mar 27, 2021 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature C�i ®e Pe. 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: 11/03/2017 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 ['Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 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 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 TESTIMO lY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this W4 day of _�� , 20 I. ;iia ?10'6,ma 4ti� +'? =M fir 333 88�AL Tzi , At to 0 - Michael Bond, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 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 GERALD F. HALEY, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William SYRKIN, Rebecca HAAS -BATES, Sergio D. BECHARA and Richard ADAIR, all of Irvine, California, EACH its true and lawful agent and 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, 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 18th day of April, A.D. 2017. ATTEST: Assistant Secretary Dawn E. Brown ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND q DP 1NSy°••M1M1 2BAL trop ` .x of wM1,M1*nN•, 4 "' Vice President Gerald F. Haley State of Maryland County of Baltimore On this 18th day of April, A.D. 2017, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, GERALD F. HALEY, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ............ Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA -F 012-0033D City of Newport Beach ARTERIAL HIGHWAY PAVEMENT REPAIR PROGRAM Contract No. 7185-1 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract, The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Address: S3\2 Q�g 1 t)ZMA �ypr °tou�o la ac Phone: l\y-o\qs-q\po State License Number: 11t -icto DIR Reference:\OocwkP MO Email Address' tv h Su ,u. c Name: tFw% \ or dscape,��. \-O'"a4e �Yvi,7�q�o„ Address: \gtg2 s\wrd�vtc4 �,°) �a .ac . IVa\le t,Caatitob Phone: °1. lty-gtp,-`141� State License Number: go4tbn. DIR Reference: louc00004te Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address All American Asphalt f� Bidder Autho zed Sigmfitureffitle Edward J. Carlson, Vice President 9 City of Newport Beach ARTERIAL HIGHWAY PAVEMENT REPAIR PROGRAM Contract No. 7185-1 DESIGNATION OF SUBCONTRACTOR(Si 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 Publ c 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 Slate law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work °i° of Number Total Bid Name: Address: Phone: State License Number: DIR Reference: Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address All American As. zgtz -' Bidder Auth 'zed Sig aturerritle Edward J. Carlson, Vice President 14 City of Newport Beach ARTERIAL HIGHWAY PAVEMENT REPAIR PROGRAM Contract No. 7185-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formM Please print or type. Bidder's Name All American Asphalt FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Number _014/2015 Arterial Project Description Street Improvements Approximate Construction Dates: From 08/2015 To: 03/2016 Agency Name City of Riverside Contact Person Steve Howard Telephone () (951) 826-5708 Original Contract Amount $ 4.116.4moo Final Contract Amount $ 3,965,933.69 If final amount is different from original, please explain (change orders, extra work, etc.) Reduction in Final Quantities. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 2 Project Name/Number Annual Residential Overlay Project Description Street Improvements Approximate Construction Dates: From 01/2016 To: 09/2016 Agency Name City of Rancho Santa Margarita Contact Person Max Maximous Telephone () (949) 635-1800 Original Contract Amount $ 233.913.9u Final Contract Amount $ 245.190.00 If final amount is different from original, please explain (change orders, extra work, etc,) Change Orders - R&R AC, Traffic Loops Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Florence Avenue Overla Project Description Street Improvements Approximate Construction Dates: From 04/2016 To: 09/2016 Agency Name City of Bell Contact Person Dahi Kim Telephone () (323) q�- 8 Original Contract Amount $ s43.000.00 Final Contract Amount $ 114329.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 4 Project Name/Number Hawthorne Blvd. Reconstruction Project Description Street Improvements Approximate Construction Dates: From 4/2014 To: 5/2015 Agency Name , City of Hawthorne Contact Person Heecheol Kwon Telephone () (310) 349-2980 Original Contract Amount $12.579,a0o.00Final Contract Amount $ 14.657 267.23 If final amount is different from original, please explain (change orders, extra work, etc.) Change Orders - Digital Sign Remove Abestos Pipe 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. I Uri No. 5 Project Name/Number Pavement Resurfacing Phase II Project Description Street Improvements Approximate Construction Dates: From 04/2015 To: 10/2015 Agency Name County of Ventura Contact Person Jeewoonq Kim Telephone () (805) 654-3987 Original Contract Amount $ 2,401 97o.00 Final Contract Amount $ 2 192 239 93 If final amount is different from original, please explain (change orders, extra work, etc.) Reduction in Final Quantities Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 12 No. 6 Project Name/Number Florence Avenue Project Description Street Improvements Approximate Construction Dates: From 4/2015 To: 10/2015 Agency Name City of Inglewood Contact Person Hunter Nguyen Telephone () (310) 412-4252 Original Contract Amount $ 2.639.000.00 Final Contract Amount $ 2.867.616.60 If final amount is different from original, please explain (change orders, extra work, etc.) Change Orders - Survey Repair Watermain Break Electrical Extra Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. 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. All American Asphalt Z// //F✓L Bidder AutAo ianafurefTitle Edward J. Garlson, Vice President 13 "'2016" PAST WORK REFERENCES WITH CHANGE ORDERS 2014/2015 Arterial Streets Contract Amount: $4,118,460.00 City of Riverside Change Orders: S2,686.71 3900 Main St. Riverside, CA 92501 Relocate Push Button Contact: Steve Howard, (951)826-5708 Reduction in Quantities Start: 08/2015 Completed: 03/2016 End Amount: 3,965,933.69 Annual Residential Overlay Contract Amount: 5233,913.90 City of Rancho Santa Margarita Change Orders: $11,276.31 2212 El Paseo, Rancho Santa Margarita, CA 92688 R&R AC Contact: Max Maximous, (949)635-1800 Traffic Loops Start: O1/2016Completed: 09/2016 End Amount: 245,190.00 Grand Ave. Beautification Project Contract Amount: $1,939,000.00 City of Diamond Bar Change Orders: $651,632.60 21810 Copley Drive Diamond Bar, CA 91765 Electrical / Bollards Contact: Kimberly Young, (909) 839-7044 Crosswalk / Poles Start: 08/2015 Completed: 05/2016 End Amount: 2,369,700.17 Florence Avenue Overlay Contract Amount: $643,000.00 City of Bell Change Orders: $21,329.00 6330 Pine Avenue, Bell, CA 90201 As Issued by the City Contact: Dal -ii Kim, (323)923-2628 Start: 04/2016 Completed: 09/2016 End Amount: 664,329.00 Route 111, Contract No. 08-1C4604 Contract: $1,536,207.00 Department of Transportation Change Orders: $48,615.00 72-800 Dinah Shore Dr. Palm Desert, CA 92211 As Issued by Caltrans Contact: Khoi Vu, (951) 232-6263 Start: 04/2016 Completed: 09/2016 End Amount: $1,584,822.10 Route 73, Contract No. 12 -OM 1104 Contract Amount: $1,545,163.00 Department of Transportation Change Orders: $167,884.61 3251 % University Dr,.Irvine, CA 92612 As Issued by Caltrans Contact: Peter Shieh, (949)279-8636 Start: 4/2015 Completed: 07/2016 End Amount: $1,713,047.61 Bear Valley Road Reconstruction Contract Amount: $2,611,215.00 City of Victorville Change Orders: $329,482.16 14343 Civic Drive, Victorville, CA 92392 As directed by the City Contact: Bruce Miller, (760) 269-0045 Start: 04/2016 Completed: 07/2016 End Amount: $2,281,732.84 41' Street Improvement Project Contract Amount: $545,680.00 City of Perris Change Orders: 0 101 N. D Street, Perris, CA 92570 None Contact: Brad Brophy, (951)943-6504 Start Date: 03/2016 Completed: 07/2016 End Amount: $556,607.94 FY 15-16 St. Resurfacing & Slurry Seal Project Contract Amount: $876,455.00 City of Palos Verdes Estates Change Orders: 0 340 Palos Verdes, Palos Verdes Estates,CA 90274 None Contact: Ken Rukavina, (310)378-0383 Start: 11/2015 Completed: 06/2016 End Amount: $897,051.07 Corona Del Mar Entry Improvements Contract Amount: $497,497.00 City of Newport Beach Change Orders: $98,360.02 100 Civic Center Dr„Newport Beach, CA 92660 Striping, Planters Contact: Alfred Castanon, (949)644-3314 Conduit, Low Voltage Light Start Date: 02/2016 Completed: 05/2016 End Amount: $595,857.02 Cameo Shores Pavement Reconstruction Contract Amount: $3,363,363.00 City of Newport Beach Change Orders: $91,533.16 100 Civic Center Dr, Newport Beach, CA 92660 Catch Basin Top Slab, Remove Unsuitable Contact: Frank Tran, (949)644-3340 Material, Pressure Wash, Seal Wall Start Date: 06/2016 Completed: 12/2016 End Amount: $3,454,896.16 Pacific Park Rehab. -Chase to 73 Fwy Contract Amount: $633,633.00 City of Aliso Viejo Change Orders: 0 12 Journey, Suite 100, Aliso Viejo, CA 92656 None Contact: Chris Tanio, (949)425-2531 Start Date: 10/2016 Completed: 12/2016 End Amount: $631,687.00 °2015°° PAST WORK REFERENCES WITH CHANGE ORDERS Hawthrone Blvd Reconstruction Contract Amount: $12,579,000.00 City of Hawthorne Change Orders: $340,598.28 4455 W. 162"d Street, Hawthorne, CA 90250 Digital Sign Contact: Heecheol Kwon, (310) 349-2980 Remove Asbestos Pipe Start: 4/2014 Completed: 5/2015 End Amount: $14,852,267.23 Florence Ave City of Inglewood One Manchester Blvd, Inglewood, CA 90301 Contact: Hunter Nguyen, (3 10) 412-4252 Start: 4/2015 Completed: 10/2015 Pavement Resurfacing, Phase II County of Ventura 800 S. Victoria Ave, Ventura, CA 93009 Contact: Jeewoong Kim, (805) 654-3987 Start: 4/2015 Completed: 10/2015 Northeast Montclair Street Rehabilitation City of Montclair 5111 Benito Street, Montclair, CA 91763 Contact: Steve Stanton, (909) 625-9444 Start: 4/2015 Completed: 7/2015 Route 74 Widening Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor, Riverside, CA 92501 Contact: Bill Seitz, (949) 300-9132 Start: 4/2014 Completed: 7/2015 Contract Amount: $2,639,000.00 Change Orders: $208,618.60 Survey, Repair Watermain Break Electrical Extra End Amount: $2,847,618.60 Contract Amount: $2,401,970.00 Change Orders: 0 None End Amount: $2,192.239.93 Contract Amount: $514,150.00 Change Orders: 0 None End Amount: $514,350.23 Contract: $1,970,004.00 Change Orders: $238,729.70 As Added by the Agency End Amount: $2,127,816.57 Minor Streets Phase I Contract Amount: $2,137,191.00 City of Riverside Change Orders: 0 3900 Main Street, Riverside, CA 92501 None Contact: Steve Howard, (951) 826-5708 Start: 4/2015 Completed: 9/2015 End Amount: $2,212,471.10 Garfield Elementary School Pavement Contract Amount: $1,976,508.00 Long Beach Unified School District Change Orders: $28,916.58 2201 E. Market Street, Long Beach, CA 92805 Fencing Contact: Nancy Chinchilla, (562) 997-7513 Landscaping Start: 612015 Completed: 11/2015 End Amount: $2,092,453.18 «2015" PAST WORK REFERENCES WITH CHANGE ORDERS Hawthrone Blvd Reconstruction Contract Amount: $12,579,000.00 City of Hawthorne Change Orders: $340,598.28 4455 W. 162nd Street, Hawthorne, CA 90250 Digital Sign Contact: Heecheol Kwon, (310) 349-2980 Remove Asbestos Pipe Start: 4/2014 Completed: 5/2015 End Amount: $14,852,267.23 Florence Ave City of Inglewood One Manchester Blvd, Inglewood, CA 90301 Contact: Hunter Nguyen, (310) 412-4252 Start: 4/2015 Completed: 10/2015 Pavement Resurfacing, Phase II County of Ventura 800 S. Victoria Ave, Ventura, CA 93009 Contact: Jeewoong Kim, (805) 654-3987 Start: 4/2015 Completed: 10/2015 Northeast Montclair Street Rehabilitation City of Montclair 5111 Benito Street, Montclair, CA 91763 Contact: Steve Stanton, (909) 625-9444 Start: 4/2015 Completed: 7/2015 Route 74 Widening Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor, Riverside, CA 92501 Contact: Bill Seitz, (949) 300-9132 Start: 4/2014 Completed: 7/2015 Minor Streets Phase 1 City of Riverside 3900 Main Street, Riverside, CA 92501 Contact: Steve Howard, (951) 826-5708 Start: 4/2015 Completed: 9/2015 Contract Amount: $2,639,000.00 Change Orders: $208,618.60 Survey, Repair Watermain Break Electrical Extra End Amount: $2,847,618.60 Contract Amount: $2,401,970.00 Change Orders: 0 None End Amount: $2,192,239.93 Contract Amount: $514,150.00 Change Orders: 0 None End Amount: $514,350.23 Contract: $1,970,004.00 Change Orders: $238,729.70 As Added by the Agency End Amount: $2,127,816.57 Contract Amount: $2,137,191.00 Change Orders: 0 None End Amount: $2,212,471.10 Garfield Elementary School Pavement Contract Amount: $1,976,508.00 Long Beach Unified School District Change Orders: $28,916.58 2201 E. Market Street, Long Beach, CA 92805 Fencing Contact: Nancy Chinchilla, (562) 997-7513 Landscaping Start: 6/2015 Completed: 11/2015 End Amount: $2,092,453.18 "2014" PAST WORK REFERENCES City of Fullerton Yorba Linda Blvd Reconstruction 303 W. Commonwealth Ave Contract Amount: $1,346,000.00 Fullerton, CA 92832 Start: 7/2014 Contract: Kevin Kwak, (714) 738-6865 Completed: 11/2014 Port of Long Beach 4801 .Airport Plaza Drive Long Beach, CA 90815 Contact: Lincoln Lo, (562) 283-7000 City of Beverly Hills 455 N. Rexford Drive Beverly Hills, CA 90210 Contact: Mark Cueno, (310) 285-2557 City of 7urupa Valley 12363 Limonite Ave Riverside, CA 92507 Contact: Michael Myers, (951) 332-6464 City of Santa Ana 20 Civic Center Santa Ana, CA 92701 Contact: Kurt Weimann, (714) 647-5639 2013 Roadway Maintenance and Slurry Contract Amount: $992,000.00 Start: 6/2014 Completed: 10/2014 2012-2013 Street Resurfacing Contract Amount: $2,970,000 Start: 7/2013 Completed: 5/2014 2012-13 Pavement Rehabilitation Contract Amount: $970,000 Start: 5/2013 Completed: 12/2013 Bristol Street Rehabilitation Contract Amount: $6,951,475 Start: 3/2013 Completed: 12/2014 "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" St Riverside, CA 92501 Contact: Trai Nguyen, (951) 961-5363 2011/12 Overlay & Slurry Seal Program ContractAmount: $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 r�cc frine�iGRK ��f iKteK�eKt �951J�53-�f6 f5 Rick Selph has been with All American Asphalt with 32 years where he has held a variety of different positions, most currently being a manager for over 20 years. As a superintendent, Rick is in charge schedulingjobs, attending meetings, consistently improvingjob quality and keeping accurate records of quantities used on jobs to maintain meticulous invoicing. All American Asphalt feels that Rick Selph is the best superintendent for this job because of his extensive knowledge of Orange County. References: Reza Jafari City of Irvine 949-724-7545 Tom Banks City of Costa Mesa 714-925-7424 City of Newport Beach ARTERIAL HIGHWAY PAVEMENT REPAIR PROGRAM Contract No. 7185-1 NON -COLLUSION AFFIDAVIT State of California ) ss. County of Riverside ) Edward J. Carlson being first duly sworn, deposes and says that he or she is Vice President of All American Asphalt , 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. declare under penalty of perjury of the laws of the State of California t at the foregoing is true and correct. All American Asphalt r.��Mce President Bidder Au horized ignature/Title Edward J. Carlson Subscribed and sworn to (or affirmed) before me on this day of , 2017 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. **See Attached California Jurat*" [SEAL] 14 Notary Public My Commission Expires: CALIFORNIA JURAT GOV CODE § 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside REBECCA ANGELA PARRA Notary Public-califomla - Mvenlde County Commissions2192458 My Comm. Expires May 17,1021 Subscribed and sworn to (or affirmed) before me on this gin day of November. 2017, Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) 0 be the P9PBOR Who appeaFed ef@Feme.) Signature Z-, Place Notary Beal Above Signature of Notty Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Non Collusion Affidavit Document Date: None Number of Pages: 1 Signer(s) Other Than Named Above: None City of Newport Beach ARTERIAL HIGHWAY PAVEMENT REPAIR PROGRAM Contract No. 7185-1 DESIGNATION OF SURETIES Bidder's name All American Asphalt Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Fidelity and Deposit Company of Maryland (Surety) 777 S Figueroa Street Los Angeles CA 90017 (213) 270-0600 u 11 .m • .. • •1 • 1 .• • :•.• 1- • • 1 •.• Edgewood Partners Insurance Center (insurance) MEMO .1• 11• - C • - ••� •1 • • �� .�. 15 City of Newport Beach ARTERIAL HIGHWAY PAVEMENT REPAIR PROGRAM Contract No. 7185-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name All American Asphalt Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Current Record Record Record Record Record Year of for for for for for Record 2016 2015 2014 2013 2012 Total 2017 No, of contracts 1036 1056 931 841 898 837 5,599 Total dollar Amount of Contracts (in Thousands of $251,021 265 066 259,423 264,017 258,289 256,835 1,554,651 No. of fatalities 0 0 0 0 0 2 2 No. of lost Workday Cases 0 18 16 15 17 9 75 No. of lost workday cases involving permanent transfer to another job or termination of employment 1 0 8 1 3 1 5 1 1 1 1 18 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. 16 ALL AMERMANASPHALT 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 thvo 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 brgeaselRdmsn.com if you have any questions_ Sincerely, Bryan Pease Consultant Legal Business Name of Bidder All American Asphalt Business Address: 400 E. Sixth Street, Corona CA 92879 Business Tel. No.: (951) 736-7600 State Contractor's License No. and Classification: A c_i? Title Vice President 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 Edward J. Carlson, Vice President Signature of bidder Date Title Michael Farkas. Secretary_ Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnershiprjoint 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, partnersfioint 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. rNOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1188 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validity of that document State of California County of Riverside On 11/09/2017 before me, Rebecca Anizela Parra, Notary Public Dale Hese Insert name a Tfle of Um Dffcer personally appeared Edward J. Carlson and Michael Farkas Name(s) of Slgnsns) 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 ttekAetthey executed the same in hialherAheir authorized capacity(ies), and that by 4Wherltheir signature(s) on the instrument the person(s), or the entity upon behalf ,M REBECCA ANGE4A PARRA of which the person(s) acted, executed the instrument. Notary Public —California "- Rimsidecounty I certify under PENALTY OF PERJURY under the laws of the State of Commission M 7191458 California that the forgoing h is true and correct. MY Comm. Expires May 17,2021 9 9Paro paragraph P WITNESS m han d Gal seal Signature y i� �qfr � Place Nota Seel Above Signa—tura�of t i dry ubl c T OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Contractor's Industrial Safety Record Document Date: 11/09/2017 Number of Pages: Tbree (3) Signer(s) Other Than Named Above: None Capacity(les) Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: Michael Farkas ❑ Individual a Individual X Corporate Officer—Title(e): VicePresident. X Corporate Officer—Title(s): Secretary o Partner p ❑ Limited o General u Partner Ll o Limited o General ❑ Attorney in Fact ❑ Attorney in Fact u Trustee To, of ih,mn wre TOP m khoml ❑ Trustee ❑ Other: ❑ Other: Signer is Representing: Signer Is Representing: City of Newport Beach ARTERIAL HIGHWAY PAVEMENT REPAIR PROGRAM Contract No. 7185-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name All American Asphalt The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents. Addendum No. Date Received Si n M City of Newport Beach ARTERIAL HIGHWAY PAVEMENT REPAIR PROGRAM Contract No. 7185-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: All American Asphalt Business Address: 400 E. Sixth Street, Corona CA 92879 Telephone and Fax Number: (951) 736-7600 (951) 736-7646 California State Contractor's License No. and Class: 267073 A. C-12 (REQUIRED AT TIME OF AWARD) Original Date Issued: 01/19/71 Expiration Date: 01/31/2018 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: Jerry LeBouef, Project Manager/Estimator 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 Mark Luer. President 400 E. Sixth Street, Corona CA 92879 (951) 736-7600 Edward J. Carlson, Vice President 400 E. Sixth Street, Corona CA 92879 (951) 736-7600 Michael Farkas Secretary 400 E. Sixth Street, Corona CA 92879 (951) 736-7600 Corporation organized under the laws of the State of California 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. 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 com liance (Le. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes ! No 20 Are any claims or actions unresolved or outstanding? Yes No 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. All American Asphalt _ Bidder Mark Luer (Print name of Owner or President of Corporation/Company) Author ed Sig turefritle \� hill Date '*See Attached California Acknowledgement" On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 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 signature(s) on the instrument the person(s), orthe 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. (SEAL) Notary Public in and for said State My Commission Expires: 21 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validity of that document. State of California County of Riverside On 11/9/2017 before me, Rebecca Angela Parra, Notary Public Dale Here Insert nem.. W TRI. of ft once, personally appeared Edward J. Carlson Nem.(.) of aper(s) who proved to me on the basis of satisfactory evidence to be the person(6) whose name(&) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hedtl e& authorized capacity(tes), and that by his/hecNhe r signature(s) on the instrument the person(&), or the entity upon behalf REBECCA ANGELA PgaBp R.-My NotaryPuMof which the person(&) acted, executed the instrument. Riverside County Commission/2192458 1 certify under PENALTY OF PERJURY under the laws of the State of comm. ExplresMay 17,2021 California that the forgoing paragraph is true and correct. WITNESS my han ffiDial seal. Signature , Place Notary Seal Above Slgnalure or No ryPubrlo OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Information Required of Bidder Document Date: 11/09/2017 Number of Pages: Three (3) Signer(&) Other Than Named Above: None Capacity(!") Claimed by Signer(s) Signer's Name: Edward J. Carlson Signers Name: o Individual u Individual X Corporate Officer —Ttle(s): Vice President o Corporate Officer—Title(s): u Partner ❑ o Limited o General u Partner Li o Limited o General o Attorney in Fad u Attorney in Fact o Trustee ToP ar mumb Here Top of Nirnb Mre a Trustee o Other: u Other: Signer is Representing: Signer is Representing: City of Newport Beach ARTERIAL HIGHWAY PAVEMENT REPAIR PROGRAM Contract No. 7185-1 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 Bests 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. 22 ARTERIAL HIGHWAY PAVEMENT REPAIR PROGRAM CONTRACT NO. 7185-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 24th day of November, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ALL AMERICAN ASPHALT, a California corporation ("Contractor"), whose address is 400 E. Sixth Street, Corona, 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: (1) distributing construction notices to affected businesses and residents; (2) establishing traffic control for construction; (3) grinding existing pavement, reconstructing and overlaying roadway; (4) removing and reconstructing curb and Portland cement concrete ("PCC") maintenance strip; (5) adjusting utilities to grades; (6) installing traffic striping, pavement markings, and raised pavement markers; (7) coordinating with outside utility owners to have their utility facilities raised to grade; and (8) other incidental items to be completed in work place required by the Plans and Specifications (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, 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. 7185-1, 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 Four Hundred Ninety Seven Thousand Four Hundred Ninety Seven Dollars and 00/100 ($497,497.00). 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 Rick Selph 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: Michael Farkas 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. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. All American Asphalt Page 4 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 Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. All American Asphalt Page 5 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 and/or Services, 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. 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. All American Asphalt Page 6 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 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. All American Asphalt Page 7 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 or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. All American Asphalt Page 8 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] All American Asphalt Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY AT' %IIEr,S OFFICE Date: L 1'7 EM Aaron C. Harp City Attorney ATTEST: Date: By: 0 Leilani I. Brown City Clerk Attachments: Exhibit A Exhibit B Exhibit C CITY OF NEWPORT a California.r�xunLc. Date: I • /l., K Kevin Mu Mayor , CONTRACTOR: All American Asphalt, Inc., a California corporation Date: Signed in Counterpart By: Mark Albert Luer Chief Executive Officer Date: Signed in Counterpart By: Michael Farkas Secretary [END OF SIGNATURES] Labor and Materials Payment Bond Faithful Performance Bond Insurance Requirements All American Asphalt Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED A1S,11EyTO FORM: Date: CIY AT �0{/M'. 7, OFFICE By: C i " ;-- Aaron C. Harp City Attorney ATTEST: Date: M Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Kevin Muldoon Mayor . CONTRACTOR: All American Asphalt, Inc., a Califo niaorporation Date: 20// Mark Albert Luer Chief Executive Officer Date: I'ZLu/) l By: _ Michael Farkas Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements I American Asphalt Page 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 MINEENEENEENNEEM A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validitv of that document. State of California County of Riverside on 12/20/2017 before me, Rebecca Angela Parra, Notary Public Date Here Insert name and Title of the Officer personally appeared Mark Luer and Michael Farkas Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/he4their authorized capacity(ies), and that by hislher/their REBECCAANGELA PARR. signature(s) on the instrument the person(s), or the entity upon behalf Notary Public _California of which the person(s) acted, executed the instrument. Riverside County Commission #2192458 1 certify under PENALTY OF PERJURY under the laws of the State of My Comm. Expires May 17,2021 California that the forgoing paragraph is true and correct. WITNESS my hand Nfcial seal. Signature Place Notary Seel Above —� Signature or tary 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: 11/24/2017 Number of Pages: Ten 10 Signer(s) Other Than Named Above: City of Newport Beach Capacity(!") Claimed by Signer(G) Signer's Name: Mark Luer o Individual X Corporate Officer—Title(s): President o Partner 11 o Limited o General o Attorney in Fact a Trustee o Other: Signer is Representing: Signer's Name: Michael Farkas a Individual X Corporate Officer—Title(s): Secretary o Partner ❑ o Limited o General o Attorney in Fact TaP o! Ihuml o Trustee o Other: is Representing: Premium is included in the performance bond Executed in: 2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 7655248 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to All American Asphalt, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of: (1) distributing construction notices to affected businesses and residents; (2) establishing traffic control for construction; (3) grinding existing pavement, reconstructing and overlaying roadway; (4) removing and reconstructing curb and Portland cement concrete ("PCC") maintenance strip; (5) adjusting utilities to grades; (6) installing traffic striping, pavement markings, and raised pavement markers; (7) coordinating with outside utility owners to have their utility facilities raised to grade; and (S) other incidental items to be completed in work place required by the Plans and Specifications (the "Project" or "Work") 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 Four Hundred Ninety Seven Thousand Four Hundred Ninety Seven Dollars and 001100 ($497,497.00) 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 All American Asphalt, Inc. Page A-1 obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 12th day of December , 2017 . All American Asphalt Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 Address of Surety (213)270-0600 Telephone APPROVED AS TO FORM: CITY ATT O N�Y'S OFFICE Date: 11 By: J4,0,4�,C�— — Aaron C. Harp City Attorney William Syrkin, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, **Please See Attached** Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of )33. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) All American Asphalt, Inc. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE g 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuraev, or validitv of that document. State of California County of Riverside On 12/20/2017 before me, Rebecca Angela Parra, Notary Public Dale 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/she/they executed the same in his/4e4/their authorized capacity(ies), and that by his/her/i#& REBECCAANGELA PgRRq signature(s) on the instrument the person(s), or the entity upon behalf <yANotaryPuhlic-California of which the person(s) acted, executed the instrument. •^' Riverside County Commission MZ191458 1 certify under PENALTY OF PERJURY under the laws of the State of My Comm. Expires May 77,2021 California that the forgoing paragraph is true and correct. WITNESS my ha official seal. Signature � r_ 11,1112,e4 Place Notary Seal Above Signature o lotary 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. 7655248 Document Date: 12/12/2017 Number of Pages: Three (3) Signer(r) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(les) Claimed by Signer(s) Signer's Name: Mark Luer Signets Name: o Individual o Individual XCorporate Officer —Title(s): President oCorporate Officer —Title(s): o Partner C o Limited o General o Partner ❑ o Limited o General • Attorney in Fact ❑ Attorney in Fact o Trustee Top of thumb here ❑ Trustee Tey enhemb Here ❑ Other: o Other: Signer is Representing: Signer is Representing: CALIFORNIAALL-PURPOSE• tt •• E § 11112 s.✓. var{e<.a ...<.. s ara.,.. ave . <.:�<.- iT<s�<s...s.• A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 12/12/2017 before me, R. Paramo, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Name(*of SignerN who proved to me on the basis of satisfactory evidence to be the persons} whose name(!* is/am subscribed to the within instrument and acknowledged to me that he/siwdwy executed the same in his/hst/thelr authorized capacity(iX, and that by his/her/their signature4on the instrument the person(* or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of is that the foregoing paragraph s true rect. ITN SS my hand d officials al. If loon R. PARAMO Notary Publlc-California lSl�r�� Orange County Commission A 2204277 Signature of Notary My Comm. Expires Aug 5.2021 Place Notary Seal Above 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. 7655248 Document Date: 12/12/2017 Number of Pages: Three 3 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: William Sorkin ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual Cd Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company or Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: a • \• • • • • 06 1 a 00,010011 IN .a EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 12th day of December 1 2017 '�Q OVOJpr G W 'a o v Michael C. Fay, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfclaims@zurichna.com 800-626-4577 PRF7655248 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 are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William Syrkin 'its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 12th day of December , A,D, 2017 ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Michael P, Bond Vice President ( cr-/�(uol, 4 �4kx)�-- By: Dawn E. Brown Secretary Stale of Maryland County of Baltimore evor, ss�� Lla iw ' 11LAG On this 12th day of December AD. 2017 before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Michael P. Bond, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public '�°i[i�i.i,.��;3'•�.` My Commission Expires: July 9, 2019 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. 7655246 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,965.00 , 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, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of: (1) distributing construction notices to affected businesses and residents; (2) establishing traffic control for construction; (3) grinding existing pavement, reconstructing and overlaying roadway; (4) removing and reconstructing curb and Portland cement concrete ("PCC") maintenance strip; (5) adjusting utilities to grades; (6) installing traffic striping, pavement markings, and raised pavement markers; (7) coordinating with outside utility owners to have their utility facilities raised to grade; and (8) other incidental items to be completed in work place required by the Plans and Specifications (the "Project" or "Work") 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 Four Hundred Ninety Seven Thousand Four Hundred Ninety Seven Dollars and 001100 ($497,497.00) 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. All American Asphalt, Inc. Page B-1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, "Please See Attached" Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )Ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) All American Asphalt, Inc. Page B-3 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 12th day of December 2017 . 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 William Syrkin, Attorney -in -Fact _ Address of Surety Print Name and Title (213)270-0600 Telephone APPROVED AS TO FORM: CITY ATTQRNEY.' ' OFFICE Date: II By: Aaron C. Harp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt, Inc. Page B-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 NEREMINMEEM A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validitv of that document. State of California County of Riverside On 12/20/2017 before me, Rebecca Angela Parra, Notary Public , Date Here Insert name and Title or the Officer personally appeared Mark Luer Namee) of Signerts) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Wolfe subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in his/hegtheir authorized capacity(ies), and that by his/herkheir REBECCA ANGELAsignature(s) on the instrument the person(s), or the entity upon behalf PAggq Notaryqublio-CalPARRa of which the person(s) acted, executed the instrument. Riverside County Commission# 2192458 1 certify under PENALTY OF PERJURY under the laws of the State of My comm. Expires May 17,2027 California that the forgoing paragraph is true and correct. WITNESS in l seal. Signature r Place Notary Seal Above Signature of Ndtary 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. 7655248 Document Date: 12/12/2017 Number of Pages: Three (3) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(!") Claimed by Signer(a) Signer's Name: Mark Luer ❑ Individual X Corporate Officer —Title(e): President ❑ Partner G n Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner L7 o Limited o General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 12112/2017 before me, R. Paramo, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Name(*of SignerN who proved to me on the basis of satisfactory evidence to be the persons} whose name* is/are subscribed to the within instrument and acknowledged to me that he/she/thw executed the same in his/het/thsir authorized capacity(l*, and that by his/her/their signature4on the instrument the person(s), or the entity upon behalf of which the person(sj acted, executed the instrument. R.PARAMO Notary Public -California Orange County n Commission # 2204277 My Comm. Expires Aug 5, 2021 I certify under PENALTY OF PERJURY under the laws of the State of Et is that the foregoing paragraph is true ect. WIT ESS my_band d official sea. Signature of Notary Place Notary Seal Above 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: Perfonnance Bond No. 7655248 Document Date: 12/12/2017 Number of Pages: Three(3) Signer(s) Other Than Named Above: All American Asphalt Capacity(les) Claimed by Signer(s) Signer's Name: William Sorkin ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual IRAttorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company orMaryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: (4\ti - q4`✓. aGLV.G\'�GLV :CV�.� .• Milli t ✓6vA: vG\✓ yG' 4'V \VG\✓. O 1 • • •G� • • • 1 • :11 .: •1. EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 12th day of December 2017 ao Door.^ _ A6 a ,,,, l for 6w I,ve p c kr� Michael C. Fay, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.repotisfclaims@zurichna. orn 800-626-4577 PRF7655248 Bond Number City of Newpon 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 Wiliam SyRin 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, 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 12th day of December , A.D. 2017 ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Michael P. Bond Vice President 4 V'f,-W K__ By, Dawn E. Brown Secretary State of Maryland County of Baltimore On this 121h day of December A.D. 2017 before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Michael P. Bond, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public f��-�,ix,`.ji`11 My Commission Expires: July 9, 2019 EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 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, Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. _Other Insurance Requirements. The policies are to contain, or be endorsed to 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 Contractors insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed All American Asphalt, Inc. Page C-2 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 anytime. 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 self-insured All American Asphalt, Inc. Page C-3 retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. All American Asphalt, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 12/2 i /'17 Dept./Contact Received From: Raymund Date Completed: 12/21/17 Sent to: Raymund By: Jan Company/Person required to have certificate: _ _ All American Asphalt Type of contract: Public Works I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 8/1/17 - 8/1/18 A. INSURANCE COMPANY: Arch Specialty Insurance Company B. AM BEST RATING (A-: VII or greater): A+ / XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes N No D. LIMITS (Must be $1 M or greater): What is limit provided? $I W$2M/$2M E. ADDITIONAL INSURED ENDORSEMENT—please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does N/A F. not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND N N/A ❑ Yes ❑ No G. COMPLETED OPERATIONS ENDORSEMENT (completed ❑ N/A ❑ Yes N No H. 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: 8/1/17 - 8/1/18 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 WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 8/1/17 - 8/1/18 A. INSURANCE COMPANY: Zurich American Insurance Compaq B. AM BEST RATING (A-: VII or greater): A+/ XV C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY f�1�11�U�:1;9:16`13 HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO. WHICH ITEMS NEED TO BE COMPLETED? Agent ofAlliant Insurance Services Broker of record for the City of Newport Beach 12/21/17 Date ® Yes ❑ No ® Yes ❑ No $1,000,000 M Yes ❑ No M N/A ❑ Yes ❑ No ❑ N/A M Yes ❑ No M N/A ❑ Yes ❑ No M N/A ❑ Yes ❑ No M N/A ❑ Yes ❑ No [01 - ■ 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. 12/21/17 Risk Management approved use of non -admitted carrier. Approved: Risk Management Date * Subject to the terms of the contract. Page 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 ARTERIAL HIGHWAY PAVEMENT REPAIR PROGRAM CONTRACT NO 7185-1 DATE: /I -?-/7 BY: _ 26wtj� Deputj Public VVorks 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. APPENDIX A: Add the attached EXHIBIT with 3 additional work location for cold - milling and overlay. B. PROPOSAL: 2. Bid Item #11 "Cold -mill Asphalt Concrete Pavement' — Revise quantity to 83,000 SF 3. Bid Item #12 "Place Variable Thickness Leveling Course AC" — Revise quantity to 520 TON 4. Bid Item #13 "Place 2 -in Thick Finish Course AU — Revise quantity to 1,030 TON 5. Bid Item #16 "Remove and Replace with New Water Valve Cover to Grade" — Revise quantity to 29 EA The Bid Line Items on PlanetBids have been revised to reflect updated bid quantities. i Page 2 of 2 Bidders must sign this Addendum No. t and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 7 is attached. I have carefully examined this Addendum and have Included full payment In my Proposal. All American Asphalt Bidder's Name (Please Print) Date Autho ized Si ature & Title Edward J. Carlson, Vice President Attachment: - EXHIBIT FOR ADDENDUM NO. 1 wqj wOyIS — [{/BO/LI fi.xp'wnpuappy ¢IIoGy yaUal RonV61H Isoo]�y Uygf Z—IppL_J laawavopay mory yafgg a6cIIP ppl j�yd(bM — W9�SLJYOtld lN]NyN BI—LI ] pap .�{�slavgw � yg�Me�¢mvp\y 7 _ J W O Ur > x U Z IL O CO l w� = Z O Z aw U cW a d a Lu LLI ¢ a m Z ~ a - z ,•z� o W Z a C) Z W cl X U) a� am Y U F of U� w o �mC)go Z O QA C.D W W oWZxw 0 U J U J J ZJ U)C) m 00 w 0 o C o o U F- =HUH F- z zQUpU[Oq (� �,.. JJQ Y KGF F d K xZ OZZ U5 o 0 7r 0 0 Z O 0. O U �n W II N CC • � G Z 41 I � .1 O GLLNL. Q r� J J I � Z Q I, I II Z �l ,p,r 11 r -h1 eCr� r�r. W Z Of uiW/�11f';_ t ! •4p AJC! o Z ujw ;Jl i II ,� ° W ��1 LL B tf. I -r Vl S• � i . l � ,j,r LU Q e. ti O z a Z 1�.6 Lu Q City of Newport Beach ARTERIAL HIGHWAY PAVEMENT REPAIR PROGRAM Contract No. 7185-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 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. 7185-1 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: \ I Irl Date (951) 736-7600 / (951) 736-7600 Bidder's Telephone and Fax Numbers 267073 A, C-12 Bidder's License No(s). and Classification(s) All American Asphalt Bidder Bid erd s Auth rized Signature and Title Edward J. Carlson, Vice President 400 E. Sixth Street, Corona CA 92879 Bidder's Address Bidder's email address: publicworksaallamericanasphalt.com PR -1 City of Newport Beach ARTERIAL HIGHWAY PAVEMENT REPAIR PROGRAM (C-7185-1), bidding on November 13. 2017 9:00 AM (Pacific) Bid Results $15,847.00 Bidder Details Vendor Name All American Asphalt Address PO Box 2229 1 $2.200.00 Corona. CA 92878 3 Traffic Control United States Respondee Jerry LeBouef Respondee Title Project Manager/Estimator Phone 951-736-7600 Ext. 204 Email publicworks@allamericanasphalt.com Vendor Type CADIR License # Lump Sum CADIR 1000001051 Bid Detail Bid Format Electronic Submitted November 13, 2017 8:39:05 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 123142 Ranking 0 Respondee Comment Buyer Comment Attachments Page 1 Printed 01/02/2018 File Title File Name File Type Proposal Proposal_Newport Beach Arterial Hwy Repair General Attachment Program_0585.pdf Bid Bond Bid Bond Newport Beach Arterial Highway Pavement Bid Bond Repair Program _0583.pdf Line Items Type Item Code UOM Cry Unit Price Line Total Comment Section 1 1 Mobilization PlanetBids. Inc. Lump Sum 1 $15,847.00 $15,847.00 2 Surveying Services Lump Sum 1 $2.200.00 $2.200.00 3 Traffic Control Lump Sum 1 $84.000.00 $84.000.00 4 Signing, Striping, Markings and Markers Lump Sum 1 $13,000.00 $13,000.00 PlanetBids. Inc. City of Newport Beach Page 2 ARTERIAL HIGHWAY PAVEMENT REPAIR PROGRAM (C-7185-1), bidding on November 13, 2017 9:00 AM (Pacific) Printed 01102/2018 Bid Results Type Item Code UOM City Unit Price Line Total Comment 5 Remove and Reconstruct Concrete Median Curb Linear Ft. 200 $35.00 $7,000.00 6 Remove and Reconstruct Concrete Maintenance Strip Linear Ft. 200 $60.00 $12.000.00 7 Regrade and Repair Landscape to Match Existing Lump Sum 1 $7,350.00 $7,350.00 8 Prune Tree Root Each 10 $350.00 $3,500.00 9 Install Root Barrier Linear Ft. 300 $25.00 $7.500.00 10 Construct Isolated AC Pavement Digouts (8" Full Depth AC) Ton 450 $130.00 $58,500.00 11 Cold Mill Asphalt Concrete Pavement Square Ft. 83000 $0.85 $70,550.00 12 Place Variable Thickness Leveling Course AC Ton 520 $109.00 $56.680.00 13 Place 2 -in Thick Finish Course AC Ton 1030 $109.00 $112,270.00 14 Remove and Replace New IRWD Water Valve Box & Cover Each 3 $900.00 $2.700.00 15 Adjust IRWD Manhole Frame and Cover to Grade Each 4 $1.300.00 $5,200.00 16 Remove and Replace with New Valve Cover to Grade Each 29 $900.00 $26,100.00 17 Adjust Manhole Frame and Cover to Grade Each 8 $950.00 $7.600.00 18 Replace Traffic Signal Detector Loops Each 7 $500.00 $3,500.00 19 Provide As -Built Drawings Lump Sum 1 $2,000.00 $2.000.00 Subtotal $497,497.00 Total $497,497.00 Subcontractors Name & Address Description License Num CADIR Amount Type Superior Pavement Markings Striping & Markings 776306 1000001476 $9.285.00 5312 Cypress Street Cypress, CA 90630 PlanetBids, Inc. United States City of Newport Beach ARTERIAL HIGHWAY PAVEMENT REPAIR PROGRAM (C-7185-1), bidding on November 13. 2017 9:00 AM (Pacific) Bid Results Name & Address Kato Landscape, Inc. 18182 Bushard Street Fountain Valley, CA 92708 United States Description License Num Landscape & Irrigation 806122 PlanetBids, Inc. CADIR 1000000086 Page 3 Printed 01/02/2018 Amount Type $9,850.00 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS ARTERIAL HIGHWAY PAVEMENT REPAIR PROGRAM 18R03 CONTRACT NO. C-7185-1 PART I - GENERAL PROVISIONS 1 SECTION 1 -TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.2 Survey Service SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-2 PROTECTION 5-4 RELOCATION 1 1 2 2 2 2 2 2 3 3 3 3 3 3 3 3 4 4 4 4 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4 6-1.1 Construction Schedule 5 6-7 TIME OF COMPLETION 5 6-7.1 General 5 6-7.2 Working Days 6 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 6 6-9 LIQUIDATED DAMAGES 7 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7 7-1.2 Temporary Utility Services 7 7-2 LABOR 7 7-2.2 Laws 7 7-7 COOPERATION AND COLLATERAL WORK 7 7-8 WORK SITE MAINTENANCE 8 7-8.4 Storage of Equipment and Materials 8 7-8.4.2 Storage in Public Streets 8 7-8.6 Water Pollution Control 8 7-8.6.2 Best Management Practices (BMPs) 8 7-10 PUBLIC CONVENIENCE AND SAFETY 9 7-10.1 Traffic and Access 9 7-10.3 Street Closures, Detours and Barricades 10 7-10.4 Safety 10 7-10.4.1 Safety Orders 10 SECTION 9 - MEASUREMENT AND PAYMENT 11 9-3 PAYMENT 11 9-3.1 General 11 9-3.2 Partial and Final Payment. 14 PART 2 - CONSTRUCTION MATERIALS 14 SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS 14 201-1 PORTLAND CEMENT CONCRETE 14 201-1.1 Requirements 14 201-1.1.2 Concrete Specified by Class and Alternate Class 14 201-2 REINFORCEMENT FOR CONCRETE 14 201-2.2 Steel Reinforcement 14 201-2.2.1 Reinforcing Steel 14 SECTION 210 — PAINT AND PROTECTIVE COATINGS 15 210-1 PAINT 15 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking 15 SECTION 212 — LANDSCAPE AND IRRIGATION MATERIALS 15 212-1 LANDSCAPE MATERIALS 15 SECTION 214 - PAVEMENT MARKERS 15 214-1 GENERAL 15 214-4 NONREFLECTIVE PAVEMENT MARKERS 15 214-5 REFLECTIVE PAVEMENT MARKERS 15 SECTION 215 - TRAFFIC SIGNS 1S PART 3 - CONSTRUCTION METHODS 16 SECTION 300 - EARTHWORK 16 300-1 CLEARING AND GRUBBING 16 300-1.3 Removal and Disposal of Materials 16 300-1.3.1 General 16 300-1.3.2 Requirements 16 SECTION 302 - ROADWAY SURFACING 17 302-5 ASPHALT CONCRETE PAVEMENT 17 302-5.1 General 17 302-5.8 Manholes (and other structures) 17 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 17 302-6.7 Traffic and Use Provisions 17 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 17 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 17 303-5.1 Requirements 17 303-5.1.1 General 17 303-5.5 Finishing 18 303-5.5.2 Curb 18 303-5.5.4 Gutter 18 303-7 COLORED CONCRETE 18 303-7.1 General 18 SECTION 307 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS 18 307-17 TRAFFIC SIGNAL CONSTRUCTION 18 307-17.7 Vehicle Detectors 18 307-17.7.3 Inductive Loop Detectors 18 SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION 19 308-1 General 19 SECTION 310 - PAINTING 20 310-5 PAINTING VARIOUS SURFACES 20 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 20 310-5.6.6 Preparation of Existing Surfaces 20 310-5.6.7 Layout, Alignment, and Spotting 20 310-5.6.8 Application of Paint 20 SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL 21 312-1 PLACEMENT 21 SECTION 313 - TRAFFIC SIGN INSTALLATION 21 PART 4 21 SECTION 400 - ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, 21 PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 21 400-2 UNTREATED BASE MATERIALS 21 400-2.1 General 21 400-2.1.1 Requirements 21 400-4 ASPHALT CONCRETE 22 400-4.1 General 22 ATTACHMENT A LOOP DECTECTORS APPENDIX A LOCATION MAP / LAYOUT PLANS APPENDIX B DFW WATER METER BOX CITY OF NEWPORT BEACH FRANK s` PUBLIC WORKS DEPARTMENT TW+N TR4N "- I� No. 2 5 SPECIAL PROVISIONS x ARTERIAL HIGHWAY PAVEMENT REPAIR PROGRAM 18R03 CONTRACT NO. C-7185-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) Location Map / Layout Plans (Drawing No. R -6083-S in Appendix A); (3) the City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition) including supplements. The City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction are available at the following website: http://www. newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased 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 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the Contractor shall possess a Contractor "A" license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. Page 1 of 22 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of (1) distributing construction notices to affected businesses and residents; (2) establishing traffic control for construction; (3) grinding existing pavement and reconstructing and overlaying roadway; (4) removing and reconstructing curb and PCC maintenance strip; (5) adjusting utilities to grades; (6) installing traffic striping, pavement markings, and raised pavement markers; (7) coordinating with outside utility owners to have their utility facilities raised to grade and (8) other incidental items to be completed in work place required by the Plans and Specifications. 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 Engineer to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense per the bid item. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. 2-9.2 Survey Service Delete this section and replace with the following: The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. 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. Page 2 of 22 SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Delete this section and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs (prior to any markups) and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied by the Subcontractor to the actual costs (prior to any markups) and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the subcontracted actual cost (prior to any markups) may be added by the Contractor. To the sum of the costs and markups provided for in this subsection, one (1) percent may be added for compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction 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. Page 3 of 22 SECTION 5 - UTILITIES 5-1 LOCATION Add the following after the 31d paragraph The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. 5-4 RELOCATION All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes and survey monument boxes (collectively known as "utility boxes") which are affected by the Work shall be replaced to finish grade with new utility boxes. During asphalt paving operation, manholes within paving area shall be temporarily lowered and covered. Upon completion of paving operation, manholes shall be permanently adjusted to finish grade. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other utility companies to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the project schedule. The Contractor shall provide the necessary survey control for all utility companies to adjust boxes and vaults to the final grade. The Contractor will be required to coordinate with these companies for inspection of the work. SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Page 4 of 22 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In additional, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 30 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time . Normal working hours are limited to 8:30 a.m. to 4:00 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 4:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. Night work will be required for work for the following locations: 1. Newport Coast Drive at SR 73 location (#11), 2. Newport Coast Drive Locations #1 - #3, 3. MacArthur Boulevard (Locations #24 & #25). Page 5 of 22 In order to minimize disruption to the community, the following requirements shall apply: A. Contractor shall schedule work such that all cold milled surfaces are overlaid the same night. B. Night work hours shall be considered to be from 8:30 p.m. to 5:00 a.m., Sunday night through Friday morning. No work is allowed Friday or Saturday nights. C. The Engineer must approve all requests for night work. D. The Contractor shall notify the Engineer two weeks prior to the start of any requested night work. 6-7.2 Working Days Designated City holidays are defined as: 1. January 15t (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 41h (Independence Day) 6. First Monday in September (Labor Day) 7. November 11th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 301h (City Office Closure) 12. 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. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. Page 6 of 22 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $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, dust control, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. 7-2 LABOR 7-2.2 Laws In accordance with California Labor Code Section 1720.9, hauling and delivery of ready - mixed concrete for public works contracts are subject to prevailing wages. 7-7 COOPERATION AND COLLATERAL WORK City forces will perform all shut downs of water, sewer and storm drain facilities as required. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time contractor desires the shutdown these City facilities. Page 7 of 22 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. It is the Contractor's responsibility to notify the affected businesses and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours in advance of the water shut down. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. Page 8 of 22 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. In addition, steel plates on asphalt pavement shall be pinned and recessed flush with existing pavement surface. 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 ribbons, up to four (4) changeable message boards (CMBs), and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected establishments. Messages for the CMBs shall be updated by the Contractor as directed by the Engineer. The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644- 3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Ten (10) working days prior to starting work, the Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notices when construction operations will start for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. Page 9 of 22 7-10.3 Street Closures, Detours and Barricades The Contractor shall submit to the Engineer, at least five working days prior to the pre - construction meeting, a traffic control plan showing typical closures and detour plan(s). The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Typical closures shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. At a minimum, the Contractor shall maintain one lane of traffic in each direction at all times when completing the work. 5. Sidewalk closures in non-residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. 6. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure. 7. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. 8. Contractor shall provide a minimum of 4 changeable message boards (CMB) per work area. Each CMB shall be established two weeks prior to scheduled construction activities. 7-10.4 Safety 7-10.4.1 Safety Orders The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Page 10 of 22 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. SECTION 9 - MEASUREMENT AND PAYMENT E'3a1�a1'L�il�►i➢ 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules as requested by the Engineer, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Surveying Services: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs of surveying, establishing horizontal controls, establishing centerline ties, adjusting survey monuments, filing pre- and post - construction corner records with the county, reestablishing property corners disturbed by the work, preparing record of survey, protecting and restoring existing monuments and other survey items as required to complete the work in place. Item No. 3 Traffic Control: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for delivering all required notifications and temporary parking permits, posting signs, covering conflicting existing signs, and all costs incurred notifying businesses and residents, preparing traffic control plans, providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards, K -rails, temporary striping, and flag persons. This item includes providing four CMBs and updating messages on the CMBs as requested by the Engineer. This item also includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City requirements. Page 11 of 22 Item No. 4 Signing, Striping, Markings and Markers: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing pavement striping and markers, installing pavement striping, markings and markers within the pavement repair areas in this Contract, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 5 Remove and Reconstruct Concrete Median Curb: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing concrete curb, grading and compacting subgrade, reconstructing concrete median curb at Location #17 in the Appendix A, constructing full depth asphalt concrete slot paving adjacent to the median curb, re -chiseling the curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 6 Remove and Reconstruct Concrete Maintenance Strip: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing concrete maintenance strip, grading and compacting subgrade, constructing 18 -inch wide, 4 -inch thick concrete maintenance strip to match existing at Location #17 in the Appendix A, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 7 Regrade and Repair Landscape to Match Existing: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for regrading, and installing landscaping items at Location #17 in the Appendix A to match existing at the location that median curb and concrete maintenance strip are being reconstructed, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 8 Prune Tree Root: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for tree root pruning and disposal per Section 308-1 as directed by the engineer in the field within the limits of work in Appendix A and Layout Plans, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 9 Install Root Barrier: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for installing root barriers per Section 308-1 as directed by the engineer in the field within the limits of work in Appendix A and Layout Plans, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 10 Construct Isolated AC Pavement Digouts: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing asphalt pavement sections as directed by the engineer in the field within the limits of work in Appendix A and Layout Plans; and constructing 8 -inch full depth AC pavement, and all other work items as required to complete the work in place. Page 12 of 22 Item No. 11 Cold Mill Asphalt Concrete Pavement: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for cold milling 3 -inch thick of the existing asphalt concrete pavement, constructing temporary asphalt concrete ramps along milled edges, hauling and disposing the milled material offsite, and all other work items as required to complete the work in place. Locations of work are in the Appendix A and Layout Plans. Item No. 12 Place Variable Thickness Leveling Course Asphalt Concrete: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for applying a tack coat, spreading and compacting for constructing variable depth asphalt concrete leveling course and all other work items as required to complete the work in place. Locations of work are in the Appendix A and Layout Plans. Item No. 13 Place 2 -inch Thick Finish Course Asphalt Concrete: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for applying a tack coat, spreading and compacting for constructing 2 -inches thick of asphalt concrete finish course and all other work items as required to complete the work in place. Locations of work are in the Appendix A and Layout Plans. Item No. 14 Remove and Install New IRWD Water Valve Box and Cover: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing water valve box and cover, temporarily lowering and/or covering the valve to facilitate paving operation, furnishing and installing a new IRWD water valve box and cover to grade per IRWD STD -DWG -W-22, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 15 Adjust IRWD Manhole Frame and Cover: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing the existing manhole frame and cover, temporarily lowering and/or covering the manhole to facilitate paving operation, reinstalling existing IRWD manhole frame and cover to grade per IRWD STD -DWG -S-1, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 16 Remove and Install New Water Valve Box and Cover: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing water valve box and cover, temporarily lowering and/or covering the valve to facilitate paving operation, furnishing and installing a new water valve box and cover to grade per CNB STD -511-L, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 17 Adjust Manhole Frame and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing the existing manhole frame and cover per CNB STD -111-L, temporarily lowering and/or covering the manhole to facilitate paving operation, reinstalling existing manhole frame and cover to grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Page 13 of 22 Item No. 18 Replace Traffic Signal Detector Loops: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs to remove and replace traffic signal loops (presence loops shall be Type E per Caltrans STD PLANS ES -5A and ES -56), make electrical connections and wirings to existing pull boxes, test and calibrate the work in place, and all other work items as required to complete the work in place. Item No. 19 Provide As -Built Plans. Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $2,000 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. 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 Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the plans. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans. Page 14 of 22 SECTION 210— PAINT AND PROTECTIVE COATINGS 210-1 PAINT 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized thermoplastic. SECTION 212 — LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS 212-1.6 Root Barriers. Root barriers shall be Century Products CP Series or approved equal. Root barriers shall be installed linearly, 15 -ft long, 30 -inch deep behind the back of curb. Refer to Section 308-4.3 and construction drawings for locations of root barriers or direct by the Engineer in the field. SECTION 214 - PAVEMENT MARKERS 214-1 GENERAL All pavement markers shall comply with Section 85 of the State of California Standard Specifications. 214-4 NONREFLECTIVE PAVEMENT MARKERS All new non -reflective pavement markers Types A and AY shall be ceramic. 214-5 REFLECTIVE PAVEMENT MARKERS All new reflective pavement markers shall have glass -covered reflective faces or be 3M Series 290, or approved equal. Add Section 215 — TRAFFIC SIGNS SECTION 215 - TRAFFIC SIGNS Signs shall be standard size per the California MUTCD unless otherwise shown. Retroreflective sheeting shall be Type 4 or greater. Sign shall be made of aluminum (08 inch thickness). New sign posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge 2 'A inch unistrut (OD) base. Page 15 of 22 Sign mounting hardware and brackets shall be stainless steel. Unless otherwise specified, mounting hardware shall be 5/16"-18. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement 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. 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. 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. Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of two (2) inches. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. Page 16 of 22 SECTION 302 - ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General All cracks 1/4 -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the Engineer. In residential areas, no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top two (2) inches of asphalt (finish course) shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom. 302-5.8 Manholes (and other structures) All manholes, water valve boxes, and utility boxes shall be temporarily lowered prior to pavement cold milling. Upon completion of asphalt concrete finish course, the top of manholes, water valve boxes, and utility boxes shall be adjusted to grade to meet the smoothness requirement as specified in 302-5.6.2. 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.7 Traffic and Use Provisions The Contractor shall not allow vehicular traffic on new concrete until the concrete has attained a minimum compressive strength of 3000 psi. High early strength concrete may be attained to meet the time constraints by the use of additional portland cement or chemical admixtures in accordance with Section 201-1 and with prior approval of the Engineer. The cost of high early strength concrete shall be included in the unit prices for all concrete bid items. SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Sidewalks and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Page 17 of 22 303-5.5 Finishing 303-5.5.2 Curb The Contractor shall install or replace curb markings that indicate sewer laterals on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer . A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals. 303-5.5.4 Gutter The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan. 303-7 COLORED CONCRETE 303-7.1 General Delete the first sentence and replace with the following: Colored concrete shall be produced by Method B (Integral Color) as described in Section 303-7.3. 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 All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days of AC pavement finish course placement. The number of sensor units and lead-in cables required to achieve the specified detection shall be installed. Lead loops shall be installed per Attachment A of these Special Provisions Supplemental. Lead loops shall be modified Type E, and placed immediately behind the limit line/crosswalk. Remaining presence loops shall be Type E, spaced 10 feet apart and installed per Caltrans Standard Plans ES -5A and ES -5B. Bicycle loops shall be Caltrans 3' x 6' Type D loop detector. Loop wire shall be Type 2. Loop detector lead-in cable (DLC) shall be Type B. Loop sealant shall be Hot -Melt Rubberized Asphalt Sealant. All installed loop detectors shall be completely functional to the satisfaction of the Engineer prior to the turn -on of the modified traffic signal. Page 18 of 22 SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION 308-1 General The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned or removed unless this submittal is returned to the Contract as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester at the site to discuss City standards and requirements. The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet with the City's Urban Forester a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. If required, the submittal shall adhere to the following guidelines 1. Root Prunino a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14 -inch below grade for sidewalks and 30 -inch for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Prunino a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition Page 19 of 22 of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.) b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre - approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. SECTION 310 - PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310-5.6.6 Preparation of Existing Surfaces The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer. 310-5.6.7 Layout, Alignment, and Spotting The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight. 310-5.6.8 Application of Paint Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been placed. The final reflectorized thermoplastic striping shall not be applied until the finish course pavement or slurry seal has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines which shall be 0.90 mm minimum thickness. Page 20 of 22 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. SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT Raised pavement markers shall not be placed until the finish course pavement or slurry seal has been in place for at least 15 days. Add Section 313 — TRAFFIC SIGN INSTALLATION SECTION 313 - TRAFFIC SIGN INSTALLATION Location of traffic signs shown on plans is approximate and shall be approved by the City prior to installation. Signs shall be installed at a clear height of seven feet at minimum unless otherwise shown on plans. Unistrut base shall be installed at a depth of 18 inches in concrete and 30 inches in dirt. Contractor shall USA location prior to installing sign. Anti -seize lubricant shall be applied to hardware/fasteners prior to installation. PART 4 400-2 UNTREATED BASE MATERIALS 400-2.1 General 400-2.1.1 Requirements The Contractor shall use crushed miscellaneous base as the base materials. Page 21 of 22 400-4 ASPHALT CONCRETE 400-4.1 General Asphalt concrete finish course shall be III -C3 -PG 64-10 RAP. Asphalt concrete base course shall be III -B2 -PG 64-10 RAP. Page 22 of 22 ATTACHMENT A - LOOP DETECTORS LIMIT LINE OR CROSSWALK PER PLAN / LEGEND: 1-0X DETECTOR INPUT FOR THROUGH PHASES 0 1-0Y DETECTOR INPUT FOR LEFT TURN o m PHASES r is 0XB BICYCLE LOOP DETECTOR INPUT OO O II O CALTRANS TYPE E LOOP DETECTOR 3-0X LEFT TURN MODIFIED CALTRANS TYPE E LOOP O I LANE DETECTOR (LEAD LOOPS) THROUGH CALTRANS TYPE D LOOP DETECTOR LANES (3'x6') I BIKE LANE O 1-0Y I �I EDGE OF GUTTER CURB FACE OOI° 1 0X 12-0X NOTES: 1. UNLESS OTHERWISE INDICATED TYPE E LOOPS SHALL BE 6' DIAMETER AND TYPE D LOOPS SHALL BE 3'x6'. 2. LOOPS SHALL BE CENTERED IN THE LANE UNLESS OTHERWISE SHOWN. PLACE LEAD LOOPS IMMEDIATELY IN ADVANCE OF LIMIT LINE OR CROSSWALK. 3. A MAXIMUM OF 4 LOOP DETECTORS SHALL BE ON 1 DETECTOR LEAD-IN CABLE (DLC). 4. SEE CITY STD -923 -L -B FOR CALTRANS MODIFIED TYPE E LOOP WINDING DETAIL. 5. LOOP WIRE SHALL BE TYPE 2. LOOP DETECTOR LEAD-IN CABLE (DLC) SHALL BE TYPE B. 6. LOOPS SHALL BE INSTALLED PER CALTRANS STANDARD PLAN ES -5A AND ES -5B. 7. LOOP SEALANT SHALL BE HOT -MELT RUBBERIZED ASPHALT SEALANT. RKD APP. PF/ISED C[IY ENGINEER DATE I DIR 6 PUBLIC WORKS PATE ADOPIEO CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS STANDARD DETAIL. W. LOOP DETECTORS 923 -L-A USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION BNEET 1 ore Start TWISTED CLOCKWISE INTO A PAIR Finish (AT LEAST 2 TURNS PER FOOT) WINDING DETAIL MODIFIED TYPE E LOOP DETECTOR (NOT TO SCALE) u_ 0 zw o> i0 u� 0 11 —0— SAWCUT DETAIL MODIFIED TYPE E LOOP DETECTOR (NOT TO SCALE) RECD APP. REVISED ENGIN CITY EER DAT£ DIR Of PUEUC WgUCS DATE ACDPTED CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS LOOP DETECTORS STANDARD DUML No. 923-L-B USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION sN 2d2 APPENDIX A Arterial Highway Pavement Repair Program, C-7185-1 [*** See Dwg No. R -6083-S for Location Map / Layout Plans ***] IRWD IRWD CNB CNB DESCRIPTION NO. LOCATION DIMENSION WV MH WV MH (Locations are marked in the pavement; Contractor shall field verify before submitting bids) 1 Coast Hwy & Newport Coast Or 22'x50' 0 0 0 0 Coast Hwy WB Free right turnpocket onto Newport Coast Drive 2 Newport Coast Or & Coast Hwy 18'x70' 0 0 2 0 WB Newport Coast Dr, #2 lane @ Coast Hwy Intersection 3 Newport Coast Dr & Coast Hwy 6'x100' 0. 0 1 0 N/B Newport Coast Dr, #2 lane N. of Coast Hwy 4 Newport Coast Or & Provence 10'x60' 2 0 1 0 N/B Newport Coast Dr, #3 lane N. of Provence 5 Newport Coast Dr & Ocean Ridge Or 24'x40' 0 0 1 0 WB Newport Coast Dr, #2 and #3 lanes N of Ocean Ridge Or 6 Newport Coast Or & Ocean Ridge Dr 41'x43' 0 1 0 0 N/B Newport Coast Dr, all lanes N. of Ocean Ridge Or 7 Newport Coast Dr & Ocean Ridge Or 41'x72' 0 0 0 0 N/B Newport Coast Dr, all lanes N. of Ocean Ridge Or 8 Newport Coast Or & Ocean Ridge Or 41'x68' 1 0 0 0 N/B Newport Coast Dr, all lanes N. of Ocean Ridge Or 9 Newport Coast Or & Ocean Ridge Dr 18'x32' 0 0 0 0 N/B Newport Coast Dr, #3 lane N. of Ocean Ridge Dr 10 Newport Coast Or & Ocean Ridge Or 41'x43' 0 1 0 0 N/B Newport Coast Dr, all lanes N. of Ocean Ridge Dr 11 Newport Coast Or & 73 FWV 24'x295' 0 0 0 0 WB Newport Coast Or #2 and #3 lanes before SR 73 Freeway 12 Newport Coast Or between Ridge Park & 17'x255' 0 0 0 0 S/B Nepwort Coast Or #3 lane between Ridge Park & Pacific Pines Pacific Pines 13 Newport Coast Dr between Pcific Pines & 17'x69' 0 0 0 0 S/B Newport Coast Dr, #2 and #3 lanes between Pacific Pelican Hills N. Pines & Pelican Hills Rd N. 14 Newport Coast Or between Pacific Pines & 16'x295' 0 0 0 0 S/B Newport Coast Dr, #3 lane between Pacific Pines & Pelican Hills Rd N. Pelican Hills Rd N. 15 Newport Coast Or between Pacific Pines & 16'x295' 0 1 0 0 S/B Newport Coast Or, #3 lane between Pacific Pines & Pelican Hills Rd N. Pelican Hills Rd N. 16 Newport Coast Or between Pacific Pines & 16'x172' 0 0 6 0 5/B Newport Coast Dr, #3 lane between Pacific Pines & Pelican Hills Rd N. Pelican Hills Rd N. 17 San Joaquin Hills Rd between Ridge Park 13'x82' 0 0 0 i E/B San Joaquin Hills Rd, #1 lane between Ridge Park Rd & Newport Coast Dr Rd & Newport wport Coast Or (Curb &Median raised) 18 San Joaquin Hills Rd between Marguerite 12'x258' 0 0 2 0 W/B San Joaquin Hills Rd, #1 lane between Marguerite & Crown Dr. Ave & Crown Or 19 San Joaquin Hills Rd between Jamboree 12'x181' 0 0 1 0 E/B San Joaquin Hills Rd, #1 lane between Jamboree Rd Rd & Santa Cruz & Santa Cruz Or 20 San Joaquin Hills Rd between Santa Rosa 12'x107' 0 1 2 0 E/B San Joaquin Hills Rd, #1 lane between Santa Rosa & MacArthur Blvd Dr & MacArthur Blvd 21 San Joaquin Hills Rd between Crown Or & 12'x156' 0 0 2 0 E/B San Joaquin Hills Rd, #1 lane between Crown Or & Marguerite Maruerite Ave 22 Spyglass Hills Rd between EI Capitan & Carmel Bay 12•x1500' 0 0 6 4 S/B Spyglass Hills Rd between EI Capitan & Carmel Bay 23 San Miguel Drive between San Joaquin Hills Rd and Port Sutton Or 8'x8' 0 0 0 1 N/B San Miguel Drive, #1 lane before Port Sutton Or 24 MacArthur Blvd SB between Fwy 73 & 8•x50' 0 0 0 0 S/B MacArthur Blvd, #1 lane before Vilaggio Vilaggio 25 MacArthur Blvd SB between Vilaggio & 8'x50' 0 0 0 1 S/B MacArthur Blvd, #1 lane after Vilaggio Ford Road 1 1 1 Total 3 4 24 7 F F B # a 'SA §N °a W -9 Soy WU, aa¢d Qu N"'g''c''Y -�o ,3''a a$ S d z Q mi 5eo g e� s �q Y zo � _ z % 'r = a � cx a F ad LU •- Q F �� I 'I --rum-, S— a� m W J J �\�\� _�/ I�IUHi n(�w , � �\, \ \ I � ��5' Vl w .�lu�l o O < AO�` ti' i rr��1 i d �� '�� /, I� 111 // r�/�i� d� "' - ro o §9e%•F C) ULL ell Q Q Q o G''Ii �21 �,agF /v S N r � s � I ZL ywbu t' G-<VV 1 Z 0.1WEG PN0.�P \ ® e\a rely'.v a\suw sv U O � M u d ¢ 25 z o, a �d R\vf O 3p o ww t GQAst r Ol 8Y001.UaaM3N` a� e i p , Igo Qu a O p y x $a lop ■ O K 0w ' ys0 z x 002p O F NZJa l UZ O o#off F W¢ O� _!. o oqo5 �A Qa0 z c oFo v0 Io P OVENL�rc f I ri Joa F aop p_p , a O ' �g y_ KW aw ' i uxlw- zxwp �= o _� z o� <3 zz wo _ 0mg = tt° �• Jow Atl AWd 3`J01 a £ O m 111 \ �o U 1� Z m N � gO 8 m I� COAST HIGHWAY EAST 1 .vq[ we,�0�-[./.i/o� p�v yire�a:nlnspre xx+r'.eyer s -t B:s-[\[rcpt n=ny,ve.m+-.r'autr s-[eas-a\s�sar_5\'.'u..prl\a4vTva.v,sµseV^",: Qm R]] h 2 V e • p 4 cl R ! i' ppm it > > O pw O` o z D NTS &= eY { CY J oz� Q oo sill m <IW g appLL Z. z WIS I o, M �I = s t' p. o RR n. 009 f / °� � Foao Roeo rao, r� cvorcoR oarve F o VU 3nlaa znentl�. 0. '6 �9'jN,bM,� wo W U� - g W 1 X w IN 4 r 1 W z O o WQ J ZF �W �i Z ��♦ Nds i'` O � II Owl M F < �1Z Oarc N Q N a k N I � 1 [ ovou" APPENDIX "B" - DFW WATER METER BOX .o 14 4 0 r=1 DFW486SA-4<> NWPT-LID NOTES NOTES 1) DIM'S f 1/8" U.N.O. 2) BODY MATERIAL: LLDPE 3) LID MATERIAL: HDPE 4) WALL THICKNESS: 3/8" t 5% 5) I.W.A. = INSIDE WORK AREA DG�In DFW PLASTICS, INC. PO BOX 648 BEDFORD TEXAS 76095 LID KEY 4 1 GRAY COLOR — PMS 414C <> NO LID HOOK NWPTI NEWPORT BEACH INSERT DFW486WBC4-12-4<> NWPT t u DFW486W13C4-12-130DY �1 3 1 --- KISS OFF DETAIL SECTION A -A DFW PLASTICS, INC. ENGAGES IN ONGOING RESEARCH AND DEVELOPMENT TO IMPROVE AND ENHANCE ITS PRODUCTS. THEREFORE, DFW PLASTICS, INC. RESERVES THE RIGHT TO CHANGE PRODUCT OR SYSTEM SPECIFICATIONS WITHOUT NOTICE. CREATED: 0518IN16 CITY OF NEWPORT BEACH UPDATED: 05118/2016 ACCEPTED: jw (817) 439-3600 D F W 4 8 6 W B C 4 -12-4<> NWPT DRAWN BY: RMc (817) 439-3700 (f) www.a/wolesticsinn enm PLOT SCALE: 1:10 THIS DRAWING IS THE PRO i 3 8 WALL 14 DFW65C-4<> NWPT-LID A- DFW65C4-14-BODY LID KEY 4 1 GRAY COLOR - PMS 414C <> I NO ANTI FLOAT HOOK — CONCRETE NWPT I NEWPORT BEACH ENGRAVING DFW65C4-14.4<> NWPT —184 2 ---� � 151 -1 SIDES ARE J T 30WED OUT 1/2' N BOTTOM FLANGE IS 2;' WIDE NOTES BOTTOM VIEW 1) DIM'S t 1/8" U.N.O. 2) LID MATERIAL: HDPE 3) BODY MATERIAL: ELOPE DFW PLASTICS, INC. ENGAGES IN ONGOING RESEARCH AND 4) WALL THICKNESS: 3/8" t 5% DEVELOPMENT TO IMPROVE AND ENHANCE ITS PRODUCTS. THEREFORE, DFW PLASTICS, INC. RESERVES THE RIGHT TO 5) I.W.A. = INSIDE WORK AREA CHANGE PRODUCT OR SYSTEM SPECIFICATIONS WITHOUT NOTICE. Ll lullull CREATED: 0/1 812 01 6 DCT I/V CITY OF NEWPORT BEACH 1 UPDATED: o5nenm6 DFW PLASTICS, INC. PO BOX 648 A- DFW65C4-14-BODY LID KEY 4 1 GRAY COLOR - PMS 414C <> I NO ANTI FLOAT HOOK — CONCRETE NWPT I NEWPORT BEACH ENGRAVING DFW65C4-14.4<> NWPT —184 2 ---� � 151 -1 SIDES ARE J T 30WED OUT 1/2' N BOTTOM FLANGE IS 2;' WIDE NOTES BOTTOM VIEW 1) DIM'S t 1/8" U.N.O. 2) LID MATERIAL: HDPE 3) BODY MATERIAL: ELOPE DFW PLASTICS, INC. ENGAGES IN ONGOING RESEARCH AND 4) WALL THICKNESS: 3/8" t 5% DEVELOPMENT TO IMPROVE AND ENHANCE ITS PRODUCTS. THEREFORE, DFW PLASTICS, INC. RESERVES THE RIGHT TO 5) I.W.A. = INSIDE WORK AREA CHANGE PRODUCT OR SYSTEM SPECIFICATIONS WITHOUT NOTICE. CREATED: 0/1 812 01 6 DCT I/V CITY OF NEWPORT BEACH UPDATED: o5nenm6 DFW PLASTICS, INC. PO BOX 648 ACCEPTED: JMc BEDFORD, TEXAS 76095 (817) 439-3600 D FW 6 5 C 4 -1 4 4<> N W P T DRAWN BY: RMc (817) 439-3700 (f) www.dfwplasticsinc.com I PLOT SCALE: 1:12 THIS IIRAWINC; IS THF PPOPFRTY OF 11FW PI ASTICC INC CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 12/21/17 Dept./Contact Received From: Raymund Date Completed: 12/21/17 Sent to: Raymund By: Jan Company/Person required to have certificate: All American Asphalt Type of contract: Public Works I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 8/1/17 - 8/1/18 A. INSURANCE COMPANY: Arch Specialty Insurance Company B. AM BEST RATING (A-: VII or greater): A+ / XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1 M or greater): What is limit provided? $1M/$2M/$2M E. ADDITIONAL INSURED ENDORSEMENT—please attach E Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does N/A F. not apply to Waste Haulers or Recreation) E Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND E N/A ❑ Yes ❑ No G. COMPLETED OPERATIONS ENDORSEMENT (completed ❑ N/A ❑ Yes E No H. Operations status does not apply to Waste Haulers) E Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? E Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® 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 E No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): E N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A E Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 8/1/17 - 8/1/18 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? E 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): E N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes E No H. NOTICE OF CANCELLATION: ❑ N/A E Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 8/1/17 - 8/1/18 A. INSURANCE COMPANY: Zurich American Insurance Company B. AM BEST RATING (A-: VII or greater): A+ / XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY ® N/A ❑ Yes ❑ No V POLLUTION LIABILITY ® N/A ❑ Yes ❑ No V BUILDERS RISK ® N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 12/21/17 Date 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. 12/21/17 Risk Management approved use of non -admitted carrier. Approved: Risk Management " Subject to the terms of the contract. Date