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HomeMy WebLinkAboutC-7992-1 - Via Lido Soud and Nord Pavement RehabilitationCITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov November 29, 2023 All American Asphalt Attn: Kimberly Bird 400 East Sixth St. Corona, CA 92879 Subject: Via Lido Soud and Nord Pavement Rehabilitation — C-7992-1 Dear Ms. Bird: On November 29, 2022, 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 December 8, 2022, Reference No. 2022000401415. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is 7667568. Enclosed is the Faithful Performance Bond. Sincerely, 4" 4, Leilani I. Brownt"� C City Clerk Enclosure Premium is for contract term and is subject to adjustment based on final contract price EXHIBIT B Executed in: 2 Counterparts CITY OF NEWPORT BEACH BOND No. 7667568 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is rate of $ 3.95 3,787.00 , being at the _ thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to All American Asphalt hereinafter designated as the "Principal," a contract for (1) distributing construction notices to affected residents; (2) construction surveying, survey monument restoration and monument adjustments; (3) BMP plan; (4) cold mill and overlay existing pavement; (5) removing existing Curb and gutter, sidewalk, curb access ramps, residential driveway approaches cross gutters; (6) constructing curb and gutter, sidewalk, curb access ramps, residential driveway approaches and cross gutters; (7) installing traffic striping and pavement markings; (8) coordinating with outside utility owners to have their facilities adjusted to grade; (9) removing existing hardscaping, pavement, walls and landscape as needed for contract work; and (10) as -built plan preparation and other incidentals items to be completed in work places required by the Plans and Specifications 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 transact business under the laws of the State of California as duly authorized to Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport. Beach, in the sum of Nine Hundred Fifty Eight Thousand Eight Hundred Fifty Nine Dollars and 00/100 ($958,859.00) 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 Page B-1 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 27th day of January 2022 . All American Asphalt c- ,!�:— Name of Contractor (Principal) Authorized SignaturefTitle mkGmn1 Fa%m IS? CTet-ary 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: o� f II f as By: ® m p", AWon C. Harp City Attorney Rebecca Haas -Bates, Attorno -in-Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt Page B-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE 5 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, Hi mess. acanimev, or validiIv of that document. State of Callfornia County of Riverside On January 31, 2022 before me, Kenona Nazari, Notary Public Date Here Insert name and Title of the Officer personally appeared Michael Farkas Name(e} Signerfa} who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Were subscribed to the within instrument and acknowledged to me that he/she" executed the same in his/herAheir authorized capacity(les), and that by his/herRheir signature(s) on the instrument the person(s), or the entity upon behalf ° 1s KENONANAZARI of which the person(s) acted, executed the instrument. Notary Public - California m Riverside county I certify under PENALTY OF PERJURY under the laws of the State of Commission s 2318601 California that the forgoing paragraph is true and correct. My Comm, Expires Jan 10, 2024 WITNESS m a d and official seal. Signatu Place Notary Seal Above Signature of Notary Public OPTIONAL Though the Information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Faithfill Performance Bond —City of Newport Beach Document Date: January 26, 2022 Number of Pages: 5 Signer(s) Other Than Named Above: Rebecca Haas -Bates Attorney -in -Fact Capacity(tes) Claimed by Signers) Signer's Name: Michael Farkas Signer's Name: ❑ Individual ❑ Individual X Corporate Officer —Title(s): Secretary ❑ Corporate Officer —Title( ❑ Partner ❑ ❑ Limited ❑ General ❑ Partner ❑ ❑ Limited ❑ neral ❑ Attorney in Fact Ti Attorney in Fact ❑ Trustee Tap of thumb here Top of thumb here ❑ Trustee ❑ Other: In Other: Signer is Representing: Signer is Representing: ** Please See Attached ** 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 , 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 Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1181 C•ae.�.,..Ci ¢Xt•!zmJ.d:r...aKci M .o e w/.......... evGv.au r ..0 m<.:�el •{tiU.. •.ae c: \�caC.• <Say < - .�ti': 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 01/27/2022 before me, Liliana Gomez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof Signeri'sl 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 taa/she/they executed the same in Ns/her/theirauthorized capacity(1ea), and that by his/her/their signature4on the instrument the person* or the entity upon behalf of which the perscn(s), acted, executed the Instrument. �..� � . ��`Y•;��� Llu,'W'GOMEZ - California Notary Public 00, Orange CountyCommission rr 2243)26 MyComm. Expires May 20, 2022 I oertify 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't'��—q�d7�P/b,. Signature of Notary P ge 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, Desorption of Attached Document Title or Type of Document: Performance Bond No. 7667568 Document Date: 01127/2022 Number of Pages: Three 3 Signer's) Other Than Named Above: All American Asphalt Capacity(les) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer --- Title(s): • Partner — © Limited O General ❑ Individual W Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name, Ci Corporate Officer — Title(s): © Partner — ❑ Limited ❑ General ❑ Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator • Other: Signer Is Representing: <ie<ivy ✓✓a'✓" _ ev. rfre; ✓a<4'a'•m_a'✓a ..a<�.'i..<; ytt< eSa: J.(- .<�� a. <!{va r<i.;u <i:a 0 1 � • : � � � • . • 311 • �" i11 . .: al PRF7667668 Bond Number City of Newport Beech 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 Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, 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, tto hereby nominate, constitute, and appoint Rebecca Haes-Bates , its trite and lawfulagent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, anti 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 Now 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 Or MARYLAND, this znn day of January A.D, 2022 Gv�,nrC"), �t� ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert U. Murray Vice President By: Dawn L. Brown Secretary State of Maryland County of Baltimore On this 27th day of January A.D. 202� before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, 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 raid 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, 2023 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039FAX newportbeachca.gov February 13, 2023 All American Asphalt Attn: Kimberly Bird 400 E. Sixth St. Corona, CA 92879 Subject: Via Lido Soud and Nord Pavement Rehabilitation- C-7992-1 Dear Ms. Bird: On November 29, 2022, 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 December 8, 2022, Reference No. 2022000401415. The Surety for the bond is Fidelity and Deposit Company of Maryland and the bond number is 7667568. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure Premium is included in the performance bond Executed in: 2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 7667568 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to All American Asphalt hereinafter designated as the "Principal," a contract for (1) distributing construction notices to affected residents; (2) construction surveying, survey monument restoration and monument adjustments; (3) BMP plan; (4) cold mill and overlay existing pavement; (5) removing existing curb and gutter, sidewalk, curb access ramps, residential driveway approaches cross gutters; (6) constructing curb and gutter, sidewalk, curb access ramps, residential driveway approaches and cross gutters; (7) installing traffic striping and pavement markings; (8) coordinating with outside utility owners to have their facilities adjusted to grade; (9) removing existing hardscaping, pavement, walls and landscape as needed for contract work; and (10) as -built plan preparation and other incidentals items to be completed in work places required by the Plans and Specifications 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 Nine Hundred Fifty Eight Thousand Eight Hundred Fifty Nine Dollars and 00/100 ($958,859.00) 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 All American Asphalt Page A-1 exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. 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 27th day of January 2022 . All American Asphalt Name of Contractor (Principal) Authorized nature/Title MiiCh0, Si?"Y- S/ seurcr01 Fidelity and Deposit Company of Maryland I�atly2CCcfl L�oA,pt_ Name of Surety Authorized Agent Signature 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 Rebecca Haas -Bates, Attorney -in -Fact Address of Surety Print Name and Title (213)270-0600 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE in C. Harp Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt Page A-2 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 attachedand tint the truthfulness. necuracv. fir vnlidih, of that document. State of California County of Riverside On January 31, 2022 before me, Kenona Nazari, Notary Public Date Here Insert name and Title of the Officer personally appeared Michael Farkas NameaW Signer(aj— 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/sheA4ey executed the same in his/herltheir authorized capacity(ies), and that by his/hedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. KENONA NAZARI I certify under PENALTY OF PERJURY under the laws of the State of o Notary Public • California California that the forgoing paragraph is true and correct. .' Riverside County ' �' - • Commission N 2318ovi N Comm, Expires Jan 10, 2024 + WITNESS my hpsniftnd official seal. l Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Labor and Material Payment Bonds— City of Newport Beach Document Date: January 26, 2022 Number of Pages: 5 Signer(s) Other Than Named Above: Rebecca Haas -Bates, Attorney -in -Fact Capacity(ies) Claimed by Signer(s) Signers Name: Michael Farkas Signer's Name: ❑ Individual ❑ Individual XCorporate Officer —Title(s): Secretary ❑CorporateOfficer — Till (s): ❑ Partner 0 c Limited n General ❑ Partner 0 o Limited ❑ eneral ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Trustee Top or thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ** Please See Attached ** 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 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 Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL .. 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 01/27/2022 before me, Liliana Gomez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof Signer(s) who proved to me on the basis of satisfactory evidence to be the person(* whose name(s)- is/axe subscribed to the within instrument and acknowledged to me that He/she/they executed the same in tlis/her/thaif authorized capacity(iQ, and that by his/her/theby signatures on the instrument the persons) or the entity upon behalf of which the persons) acted, executed the instrument. LILIA4A GOMEZ Notary Public -California z_ rj Orange County _ Commbs4on, Z243326 My Comm. Expires May 20, 2022 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 )q Uwuq Signature of Nota ublic 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 Labor and Materials Title or Type of Document: Payment Bond No 7667568 Document Date: 01/27/2022 Number of Pages: Three 3 Signer(s) Other Than Named Above: All American Asphalt Capacity(les) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual W 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: o t .. :r� • :% ori.1011ir 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 27th day of January , 2022 By: Brian M. Hodges 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((D.zttrichiia.com 800-626-4577 12/8122, 11:41 AM Batch 15087114 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1I1111I111111111111111IlfI11111111]111111111111[1116111111111111111 NO FEE •$ R 0 0 1 4 1 0 0 6 2 3$> 202200040141511:36 am 12/08/22 227 NC-5 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 January 11, 2022. Said Contract set forth certain improvements, as follows: Via Lido Soud and Nord Pavement Rehabilitation - C-7992-1 Work on said Contract was completed, and was found to be acceptable on November 29, 2022, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Fidelity and Deposit Company of Maryland. BY % Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �7i at Newport Beach, California. BY 6ty Clerk 1.�.,1...►.%LOII. https://gs.secure-recording.com/Batch/Confirmation/15087114 2110 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 January 11, 2022. Said Contract set forth certain improvements, as follows: Via Lido Soud and Nord Pavement Rehabilitation - C-7992-1 Work on said Contract was completed, and was found to be acceptable on November 29 2022 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Fidelity and Deposit Company of Maryland. BY Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on -1wl) 114� , at Newport Beach, California. BY _ City Clerk 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 10:00 AM on the 21St day of December, 2021, at which time such bids shall be opened and read for VIA LIDO SOUD AND NORD PAVEMENT REHABILITATION Contract No. 7992-1 $1,100,000 Engineer's Estimate Approved by James M. Houlihan uty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: hftp://www.planetbids.com/portal/portal-cfm?CompanylD=22078 Hard copy plans are available via Mouse Graphics at (949) 548-5571 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" For further information, call Alfred Castanon, Project Manager at (949) 644-3314 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca. gov/government/open-transparent/on line-services/bids-rfps- vendor-registration City of Newport Beach VIA LIDO SOUD AND NORD PAVEMENT REHABILITATION Contract No. 7992-1 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 ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18 INFORMATION REQUIRED OF BIDDER..................................................................... 19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR -1 SPECIALPROVISIONS............................................................................................ SP -1 2 City of Newport Beach VIA LIDO SOUD AND NORD PAVEMENT REHABILITATION Contract No. 7992-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted 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 ACKNOWLEDGEMENT (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. 3. 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, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 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. 6. 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. 7. 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 4 provide the written 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 - Class: A, Class C-12 Contractor's License No. & Classification 1000001051 & 6/30/2023 DIR Registration Number & Expiration Date All American Asphalt •.- 5 Authorized'Signdture/Title Edward J. Carlson Vice President M1u�21 Date Bond No. 08597423 Bid Date: 12/16/2021 City of Newport Beach VIA LIDO SOUD AND NORD PAVEMENT REHABILITATION Contract No. 7992-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of 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 VIA LIDO SOUD AND NORD PAVEMENT REHABILITATION, Contract No. 7992-1 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 9th day of December 2021. All American Asphalt 4ZZ Name of Contractor (Principal) Au(horized SignaturefTitle EDWnV-0 J. Crj\?-L-Sbw) V. P. Fidelity and Deposit Company of Maryland-?&bQXC-tJQ IaD�04�ci A� Name of Surety Authorized Agent Signature 777 S. Figueroa Street, Suite 3900 Los Angeles, CA 90017 Rebecca Haas -Bates, Attorney -in -Fact Address of Surety Print Name and Title T (213) 270-0600 Telephone (Notary acknowledgment of Principal & Surety, must be attached) 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 doenment to which this certificate is attached. and not the truthfulness_ accuracv. or validity of that doenment. State of California County of Riverside On December 16, 2021 before me, Kenona Nazari, Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Nam 4 }of SignerW who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sbeAhey executed the same in histhorltheir authorized capacity(ie&), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(6) acted, executed the instrument. 5 L °L > KENONA NAZARI W Notary Public • California z I certify under PENALTY OF PERJURY under the laws of the State of Riverside County g California that the forgoing paragraph is true and correct. Z ° Commission # 2318601 My Comm. Expires Jan 10, 2024 �.�.� WITNESS my han n official seal. t Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond — City of Newport Beach Document Date: December 9, 2021 Number of Pages: 5 Signer(s) Other Than Named Above: Rebecca Haas -Bates, Attorney -in -Fact Capacity(ies) Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: ❑ Individual ❑ Individual X Corporate Officer — Title(s): Vice President ❑ Partner ❑ ❑ Limited ❑ General RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑ Other: Signer is Representing: ❑ Corporate Officer — itle(s): _ ❑ Partner ❑ ❑ Limite�t/❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is "Please See Attached" 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 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) (seal) Thumbprint of Signer ❑ Check here if Capacity(ies) claimed by Signer(s): no thumbprint Trustee or fingerprint Power of Attorney is available. CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 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 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 I ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) CALIFORNIA•: CIVIL CODE § 1118S C. Cr./:�.•�..!'� r'�•<.1< < ..r.!':�•4.i< .� 15�'.�. •.. •�.. :�C.acr.. :`..�.ls�.l.�.141 r'�..a..� r Com.. .. 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 12/09/2021 Date before me, Liliana Gomez, Notary Public personally appeared Rebecca Haas -Bates Here Insert Name and Title of the Officer NameKof Signer'N who proved to me on the basis of satisfactory evidence to be the persons} whose name* istme subscribed to the within instrument and acknowledged to me that He/she/thay executed the same in itWher/thsir authorized capacity, and that by hWher/iheir signature�*on the instrument the person(*,, or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Nota ublic 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: Bid Bond Document Date: 12/09/2021 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 O General ❑ Individual WAttorney in Fact ❑ Trustee O 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: G:�.:�%:�'::`.:�:'.�.'.�'.1:�..�✓,'.�'!:�✓.:� :� Lie!..�✓:�.:`:.:L✓:�:�'.�%:�%:�:�✓:��:�✓6�%'.C✓:��:�✓.:�:�:�✓:C:, .�✓.'.�✓,'.�-� ✓, ✓' IN • • • • • • • • i • i i • • iMIT LILIANA GOMEZ h `. Notary Public -California z County Orange Commission q 2243326 My Comm, Expires May 20, 2022 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 Signature of Nota ublic 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: Bid Bond Document Date: 12/09/2021 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 O General ❑ Individual WAttorney in Fact ❑ Trustee O 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: G:�.:�%:�'::`.:�:'.�.'.�'.1:�..�✓,'.�'!:�✓.:� :� Lie!..�✓:�.:`:.:L✓:�:�'.�%:�%:�:�✓:��:�✓6�%'.C✓:��:�✓.:�:�:�✓:C:, .�✓.'.�✓,'.�-� ✓, ✓' IN • • • • • • • • i • i i • • iMIT 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, Secretary 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 fiirther 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 9th day of December , 2021 .m" RAL By: Brian M. Hodges 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.reportsfelaims@zurichna.com 800-626-4577 City of Newport Beach VIA LIDO SQUID AND NORD PAVEMENT REHABILITATION Contract No. 7992-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! 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 $150,000, provide the following information: No. 1 Arterial Rehabilitation of Graham Street, Slater Avenue, Newland Street Project Name/Number and Atlanta Avenue. Project Description Rehabilitation Approximate Construction Dates: From 5/2020 To: 11/2020 Agency Name City of Hunington Beach Contact Person Joe Fuentes Telephone (714)536-5259 $ 5,181,955.00 Original Contract Amount $ Final Contract Amount $ 5,181,955.00 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. N/A in No. 2 Project Name/Number Cameo Highlands Street Recondtruction Project Description Street Reconstruction Approximate Construction Dates: From 7/2020 To: 11/2020 Agency Name City of Newport Beach Contact Person Patricia Kharazmi Telephone (949)644-3344 2,425,694.00 Original Contract Amount Final Contract Amount $ 2,425,694.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A No. 3 Project Name/Number Yerba Buena Road South Pavement Resurfacing Project Description Pavement Resurfacing Approximate Construction Dates: From 3/2020 To: 6/2020 Agency Name City of Ventura Contact Person Matt Maechler Telephone (805) 477-1911 $2 298,467.40 Original Contract Amount � Final Contract Amount $ $2,298,467.40 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A W No. 4 Project Name/Number JOC Pavement Maintenance Project Description Pavement Maintenance Approximate Construction Dates: From 7/2020 To: 8/2020 Agency Name City of Orange Contact Person Albert Rodriguez Telephone (714)744-5525 $ 2,587,747.69 Original Contract Amount $ Final Contract Amount $ 2,587,747.69 If final amount is different from original, please explain (change orders, extra work, etc.) N/A 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. M No. 5 Project Name/Number FY 18-19 Asphalt Paving Project Project Description Paving Project Approximate Construction Dates: From 3/2019 Agency Name City of Lancaster Contact Person Greg Wilson To: 12/2019 Telephone (661)570-8003 $ 2,720,103.65 Original Contract Amount $ Final Contract Amount $ 2,720,103.65 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A 12 No. 6 Project Name/Number Granite Hill Drive Pavement Rehanilitation Project Description Pavement Rehabilitation Approximate Construction Dates: From 4/2020 Agency Name City of Jurupa Valley To: 10/2020 Contact Person Chase Keys Telephone (951)322-6464 $999,777.00 Original Contract Amount $ Final Contract Amount $ 999,777.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A 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 Bidder 13 Authorized Sig ature/Title Edward J. Carlson, Vice President. e ld yeo> ����are�%ar�r �'�pe�r7te�de�t 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 scheduling jobs, attending meetings, consistently improving job 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 lafari City of Irvine 949-724-7545 Tom Banks City of Costa Mesa 714-925-7424 2020 PAST WORK REFERENCES City of Ontario 303 East B Street Ontario, CA 91764 Contact: Ariana Kern (909) 395-2129 akern@ontarioca.gov City of Loma Linda 25541 Barton Road Loma Linda, CA 92354 Contact: T. Jarb Thaipejr (909) 799-4400 jthaipeir(aD-lomalinda-ca.gov City of Jurupa Valley 8920 Limonite Avenue Jurupa Valley, CA 92509 Contact: Chase Keys (951) 332-6464 ckeys(a.iurupavalley.org County of Orange 601 N. Ross Street, 4th Floor Santa Ana, CA 92701 Contact: Albert Rodriguez albeit.rodriquez(u-)ocpw.ocgov.com City of Compton 205 S. Willowbrook Avenue Compton, CA 90220 Contact: Brittany Duhn (Z & K Consultants) bduhnRzandkconsultants.com City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Contact: Joe Fuentes (714) 536-5259 ifuentes(a)surfcity-hb.org 2020 Fall Pavement Rehabilitation Project Contract Amount: $2,499,333.00 Start Date: 07/2020 End Date: 12/2020 Pavement Rehabilitation — Barton Road Contract Amount: $768,677.00 Start Date: 04/2020 End Date: 12/2020 Granite Hill Drive Pavement Rehabilitation Contract Amount: $999,777.00 Start Date: 04/2020 End Date: 10/2020 JOC Pavement Maintenance Contract Amount: $2,584,747.69 Start Date: 07/2020 End Date: 08/2020 Annual Residential Street Rehabilitation — Phase 1 Contract Amount: $5,295,068.00 Start Date: 05/2020 End Date: 11/2020 Arterial Rehabilitation of Graham St, Slater Ave, Newland St and Atlanta Ave Contract Amount: $5,181,955.00 Start Date: 05/2020 End Date: 11/2020 2020 PAST WORK REFERENCES City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Contact: Patricia Kharazmi (949) 644-3344 pkharazmi(@newportbeachca.gov City of Westminster 8200 Westminster Boulevard Westminster, CA 92683 Contact: Theresa Tran (714) 548-3460 ttranRwestminster.ca.gov Crescenta Valley Water District 2700 Foothill Boulevard La Crescenta-Montrose, CA 91214 Contact: Brook Yared (818) 236-4117 byared(@cvwd.com City of Alhambra 111 S. 1St Street Alhambra, CA 91801 Contact: Robert Bias (626) 580-5000 rbias(o-)cityofalhambra.org County of Ventura 800 S. Victoria Avenue, #1600 Ventura, CA 93009 Contact: Matt Maechler (805) 477-1911 matthew.maechler(a�ventura.org City of Camarillo 601 Carmen Drive Camarillo, CA 93010 Contact: Thang Tran (805) 388-5345 ttran(cD-cityofcamarillo.org Cameo Highlands Street Reconstruction Contract Amount: $2,425,694.00 Start Date: 07/2020 End Time: 11/2020 Citywide Overlay Street Improvements Contract Amount: $1,131,621 Start Date: 02/2020 End Date: 06/2020 Final Paving of Pennsylvania Ave Contract Amount: $82,620.00 Start Date: 02/2020 End Date: 04/2020 2020 HUD Street Improvements Project Contract Amount: $300,433.00 Start Date: 06/2020 End Date: 10/2020 Yerba Buena Rd. (South) Pavement Resurfacing Contract Amount: $2,298,467.40 Start Date: 03/2020 End Date: 06/2020 Earl Joseph Drive Paving Contract Amount: $681,901.50 Start Date: 06/2020 End Date: 07/2020 2020 PAST WORK REFERENCES City of Norco 2870 Clark Avenue Norco, CA 92860 Contact: Sam Nelson (951) 270-5607 snelson .ci.norco.ca.us City of Orange 300 E. Chapman Avenue Orange, CA 92886 Contact: Martin Varona (714) 744-5563 mvarona(a-),cityoforange.org Los Angeles County Department of Public Works 900 S. Freemont Avenue Alhambra, CA 91803 Contact: Arthur Chu (310) 348-6448 achu ,dpw.lacounty.gov Los Angeles County Department of Public Works 900 S. Freemont Avenue Alhambra, CA 91803 Contact: Christopher Poston (310) 348-6448 cposton(-)_dpw.lacounty.gov FY 2019-2020 Slurry Seal Project Contract Amount: $147,708.97 Start Date: 06/2020 End Date: 12/2020 Annual Slurry Seal FY 19-20 Various Locations Contract Amount: $377,737.78 Start Date: 06/2020 End Date: 12/2020 Pavement Preservation (Seal Coats) S. Los Angeles JOC6680-300.00 - 149' & Central Rosewood Area Stanford Ave, et al. (Ph. 1) Contract Amount: $971,053.10 Start Date: 09/2020 End Date: 10/2020 Pavement Preservation (Seal Coats) N. Los Angeles JOC6679-200.00 - Stevenson Ranch - Stevenson Ranch Tract (Ph. 1) Contract Amount: $726,377.38 Start Date: 08/2020 End Date: 09/2020 2019 PAST WORK REFERENCES City of Simi Valley 2929 Tapo Canyon Rd. Simi Valley, CA 93063 Contact: Sarah Sheshebor (805)583-6792 sshesheb(aDsimivalley.orq County of Ventura 501 Poli Street Ventura, CA 93001 Contact: Christopher Solis (805) 654-2054 chris.solis(),ventura.org City of Stanton 7800 Katella Avenue Stanton, CA. 90680 Contact: Guillermo Perez (714) 890-4204 gperez(c)ci.stanton.ca.us City of Compton 205 S. Willowbrook Avenue Compton, CA. 90220 Contact: John Strictland (310) 605-5505 istrictland(a)comptoncity.org City of San Clemente 910 Calle Negocio San Clemente, CA. 92673 Contact: Darra Koger (949) 361-3138 kogerD(c�san-clemente.org City of South Gate 8650 California Avenue South Gate, CA. 90280 Contact: John Rico (323) 563-9594 jrico(a)sogate.org Simi Valley Minor Street Rehabilitation Contract Amount: $510,124.25 Start Date: 07/2019 End Date: 08/2019 Yerba Buena Area Resurfacing Project Contract Amount: $3,919,808.95 Start Date: 06/2019 End Date: 12/2019 2019 Citywide Street Resurfacing Contract Amount: $1,206,869.00 Start Date: 10/2019 End Date: 12/2019 Road Repair Service (Pothole Repair) Contract Amount: $1,019,100.00 Start Date: 08/2019 End Date: 11/2019 Street Rehabilitation for S. Avenue LA Esperanza Contract Amount: $384,055.00 Start Date: 09/2019 End Date: 10/2019 Circle Park Driveway Project Contract Amount: $268,576.00 Start Date: 06/2019 End Date: 09/2019 2019 PAST WORK REFERENCES Pardee Homes 1250 Corona Pointe Court, Ste. 600 Corona, CA. 92879 Contact: Nick Lasher (951) 428-4442 nick. lashega�pardeehomes.com City of Fontana 8353 Sierra Avenue Fontana, CA. 92335 Contact: Kimberly Young (909) 350-7632 kyounq(d�fontana.org DR Horton 2280 Wardlow Circle Ste. 100 Corona, CA. 92880 Contact: Keith Alex (951) 830-5872 kalex(D,drhorton.com Irvine Community Development Company 550 Newport Center Dr. Ste. 550 B2 Newport Beach, CA. 92660 Contact: Mike Morse (949) 720-2560 City of Downey 11111 Brookshire Avenue Downey, CA. 90241 Contact: Desi Gutierrez, (562) 904-7110 dqutierr downeyca.org Railroad Canyon Widening Contract Amount: $5,062,746.00 Start Date: 11/2018 End Time: 08/2019 Citrus Avenue Improvements Contract Amount: $502,730.00 Start Date: 08/2018 End Date: 10/2019 Singlton Road Contract Amount: $1,684,000.00 Start Date: 07/2018 End Date: 12/2019 Portola Springs PA -6 Enclave 5B Phase1, 2 Contract Amount: $2,055,055.00 Start Date: 09/2018 End Date: 12/2019 FY 18/19 Slurry Seal Project Contract Amount: $313,425.87 Start Date: 06/2019 End Date: 12/2019 2019 PAST WORK REFERENCES City of Chino PO Box 667 Chino, CA. 91708 Contact: Austin Postovoit (909) 334-3415 apostovoit(o),cityofchino.org City of Lancaster 44933 Fern Avenue Lancaster, CA. 93534 Contact: Greg Wilson (661) 570-8003 gwilson(a�cityoflancasterca.org City of Colton 650 N. La Cadena Dr. Colton, CA. 92324 Contact: Victor Ortiz (909) 370-5099 vortiz(o)coltonca.gov City of Cathedral City 68700 Ave Lalo Guerrero Cathedral City, CA. 92234 Contact: John A. Corella (760) 770-0349 icorella( )cathedraIcity.gov City of San Clemente 910 Calle Negocio San Clemente, CA. 92673 Contact: Gary Voborsky (949) 361-6132 voborskyq(obsan-clemente.orq Slurry Seal Maintenance Work Contract Amount: $372,805.00 Start Date: 1/2019 End Date: 12/2019 2018 Pavement Management Program Contract Amount: $2,720,103.65 Start Date: 3/2019 End Date: 12/2019 FY 18-19 Asphalt Paving Project Contract Amount: $1,377,700.00 Start Date: 3/2019 End Date: 11/2019 Ortega Road Widening Contract Amount: $459,998.00 Start Date: 2/2019 End Date: 12/2019 Arterial Street Pavement Maintenance Contract Amount: $1,187,187.00 Start Date: 3/2019 End Date: 7/2019 City of Newport Beach VIA LIDO SOUD AND NORD PAVEMENT REHABILITATION, Contract No. 7992-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of Riverside ) Edward J. Carslon 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. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. All American Asphalt - Bidder AuthorizEfd Sign ure/Title Edward J. Carlson, Vice President. Subscribed and sworn to (or affirmed) before me on this day ofn� , 2021 by satisfactory evidence to be the person(s) who ap I certify under PENALTY OF PERJURY u paragraph is true and correct. J [SEAL] 14 -, proved to me on the basis of red before me. of the State of California that the foregoing 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 4 , ,or ryf KENONA NAZARI sa Notary Public • California Riverside County > Commission k 2318601 Subscribed and sworn to (or affirmed) before me on this 16th day of December 2021, 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 (.) (,) (2) (and Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me.) o My Comm. xpires an Signature QL Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Non -Collusion Document Date: 12-16-2021 Number of Pages: 1 Signer(s) Other Than Named Above: None City of Newport Beach VIA LIDO SOUD AND NORD PAVEMENT REHABILITATION Contract No. 7992-1 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): Broker surety. Fidelity and Deposit Compant of Maryland, 777 S. Figueroa St. #3900, Los Angeles, CA. 90017 David Wei 213-270-0060 Agent: Foundation Risk Partner, Corp. dba Millennium Risk Management & Insurance Service 5530 Trabuco Rd. Irvine, CA 92620 Rebecca Haas -Bates 949-679-7116 Insurance: Edgewood Partners Insurance Center, 3633 Inland Empire Blvd. St. 640, Ontario, CA. 91764 Kathy Lopez Phone No. 909-919-7513 FAX: 909-477-3134 15 City of Newport Beach VIA LIDO SOUD AND NORD PAVEMENT REHABILITATION Contract No. 7992-1 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. Wei Current Record Record Record Record Record Year of for for for for for Record 2020 2019 2018 2017 2016 Total 2021 No. of contracts 825 933 1051 1146 1174 1052 6181 Total dollar Amount of Contracts (in Thousands of $) 46,823 261,406 287,961 331,665 1301,539 260,428 1,749,235 No. of fatalities 0 0 0 1 0 0 1 No. of lost Workday Cases 19 12 16 16 18 97 No. of lost 0 0 0 0 0 0 0 workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. Wei To whom it may concern, On May 3, 2018, an All American Asphalt employee was struck and killed by a piece of heavy equipment on a job site in Encino, CA. Immediately after the incident, safety meetings were held on all construction crews in order to retrain employees on safe practices when working in the vicinity of heavy equipment. Topics covered included communication with operators, planning work so that employees are not close to equipment, never working in equipment blind spots, and the importance of situational awareness. All equipment is checked daily for safety defects. Employees are encouraged to speak up about safety concerns and to help each other work in the safest manner possible. Safety is a core value of All American Asphalt. Signed, David Pease Consultant Legal Business Name of Bidder Business Address: Business Tel, No.: State Contractor's License No. and Classification: All American Asphalt 400 East Sixth Street Corona, CA. 92879 951-736-7600 267073 -Class: A, Class C-12 Title Corporation 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 2 Z� Title Micheal 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 partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 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 certificefe is attached and not the truthfidne.ss. accurscv. or validity of that document. State of California County of Riverside on December 16, 2021 before me, Kenona Nazari, Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson and Michael Farkas 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 l4e/she/their executed the same in his/#ter-/their authorized capacity(ies), and that by k1+�their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. *my KENCINA NAZARINotary Public - California Z I certify under PENALTY OF PERJURY under the laws of the State ofRiverside County - California that the forgoing paragraph is true and correct. Commission I< 2318601 Comm. Expires Jan 10, 2024 WITNESS my h nd o Icial seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Signature Page of bid proposal— City of Newport Beach Document Date: December 16, 2021 Number of Pages: 1 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signers) Signer's Name: Edward J. Carlson Signer's Name: Michael Farkas ❑ Individual ❑ Individual X Corporate Officer — Title(s): Vice President X Corporate Officer — Title(s): Secretary ❑ Partner n ❑ Limited ❑ General ❑ Partner ❑ ❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact ❑ Attorney in Fact OF SIGNER ❑ Trustee Top or thumb here ❑ Trustee Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: v• ALL AMERICAN CORPORATE RESOLUTION Resolved, that this Corporation, All American Asphalt, on January 15, 2019, authorizes Edward J. Carlson to execute bid proposals, contracts, and agreements on behalf of the Company in the capacity of Vice President. Michael Farkas, Secretary City of Newport Beach VIA LIDO SOLID AND NORD PAVEMENT REHABILITATION Contract No. 7992-1 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 Signature 18 City of Newport Beach VIA LIDO SOUD AND NORD PAVEMENT REHABILITATION Contract No. 7992-1 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: Corporation Business Address: 400 East Sixth Street Corona, CA. 92879 Telephone and Fax Number: 951-736-7600 / 951-736-7646 publicworks@allamericanasphalt.com California State Contractor's License No. and Class: 267073 - Class: A, Class C-12 (REQUIRED AT TIME OF AWARD) Original Date Issued: 01/19/71 Expiration Date: 01/31/2022 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: Kimberly Bird, Project Manager 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 Mark Luer, President. 400 E. Sixths Street, Corona, CA. 92879. 951-736-7600 Telephone Edward J. Carlson, Vice President. 400 E. Sixths Street, Corona, CA. 92879. 951-736-7600 Micheal Farkas, Secretary. 400 E. Sixths Street, Corona, CA. 92879. 951-736-7600 Corporation organized under the laws of the State of California 19 ALL A��,�1EL:I�:A�� r\_S['El:�tE ' ALL i1�lEfZl�_AN �\C;Gf:EL,;11 E:ALLAMERICAN CONTRACTORS STATE LICENSE R(1pRf1 267073 CORP ALL AMERICAN ASPHALT A C12 ALI 01/31/2022 www cslb ca Qovx. The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A 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 ce (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes t 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) N/A 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, President (Print name of Owner or President of Corporation/Company) Authorized Si nature/Title Edward J. Carlson, Vice President. Title 11141-1-1 Date 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) i /are s�scribed to the within instrument and acknowledged to me that he/she/they executed the same i hi her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the pe so , orthe entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJU paragraph is true and correct. i WITNESS my hand and ffici Notary Public in an 01for said State My Commission Expires: the laws of the State of California that the foregoing 21 (SEAL) 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 tnrthfulness. accnracv. or validity of that document. State of California County of Riverside on December 16, 2021, before me, Kenona Nazari, Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Nanima}-of'SignerW- who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/4e4the# authorized capacity(ies), and that by his/4e4t4eir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. *my KENONA NAZARI I certify under PENALTY OF PERJURY under the laws of the State of Notary Public - CaliforniaRiverside County > California that the forgoing paragraph is true and correct. Commission k 2318601 Comm. Expires Jan 10, z02a y WITNESS my h d nd official seal. I Signat re Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Signature Page of Bid Proposal — City of Newport Beach Document Date: December 16, 2021 Number of Pages: 1 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Edward J. Carlson ❑ Individual X Corporate Officer — Title(s): Vice President ❑ Partner ❑ ❑ Limited ❑ General RIGHT TIUMBPRINT —0 ❑ Attorney in Fact OF qlrNFR ❑ TrusteeTop of thumb here ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(-), _ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: 2` Signer is Representing: CitV of Newport Beach VIA LIDO SOUD AND NORD PAVEMENT REHABILITATION Contract No. 7992-1 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 Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 VIA LIDO SOLID AND NORD PAVEMENT REHABILITATION CONTRACT NO. 7992-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 11th day of January, 2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ALL AMERICAN ASPHALT, a California corporation ("Contractor"), whose address is 400 East Sixth Street Corona, California 92879, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: (1) distributing construction notices to affected residents; (2) construction surveying, survey monument restoration and monument adjustments; (3) BMP plan; (4) cold mill and overlay existing pavement; (5) removing existing curb and gutter, sidewalk, curb access ramps, residential driveway approaches cross gutters; (6) constructing curb and gutter, sidewalk, curb access ramps, residential driveway approaches and cross gutters; (7) installing traffic striping and pavement markings; (8) coordinating with outside utility owners to have their facilities adjusted to grade; (9) removing existing hardscaping, pavement, walls and landscape as needed for contract work; and (10) as -built plan preparation and other incidentals items to be completed in work places 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. 7992-1, 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 Nine Hundred Fifty Eight Thousand Eight Hundred Fifty Nine Dollars and 00/100 ($958,859.00). 3.2 This compensation includes.- 3.2.1 ncludes: 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 Kimberly Bird 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 6.1 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.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 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: All American Asphalt Page 3 Attention: Kimberly Bird All American Asphalt 400 East Sixth St 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 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. All American Asphalt Page 4 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. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract 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 All American Asphalt Page 5 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 by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. All American Asphalt Page 6 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. 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") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seg., Contractor shall conform to all requirements therein. 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 All American Asphalt Page 7 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. 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. All American Asphalt Page 8 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. 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 ATT RN Y'S OFFICE Date: �.�5.2yA-Z. CITY OF NEWPORT BEACH, a California municipal corp or Date: /I "1/ Gee It- By:By. Aaron C. Harp v' ul oV City Attorney ayor ATTEST: Date: 3 BrownLeilani 1. City Clerk CONTRACTOR: All American Asphalt , a California corporation Date: Signed in Counterpart By: Mark Luer Chief Executive Officer Date: Signed in Counterpart By: Michael Farkas Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements All American Asphalt Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 4/,2f;/;LoZ7_ CITY OF NEWPORT BEACH, a California municipal corporation Date: By: P..' By: Aaron C. Harp Kevin Muldoon City Attorney Mayor ATTEST: Date: CONTRACTOR: All American Asphalt , a California corporation Date: 01 31 1 Z2— By: Leilani I. Brown Mark Luer City Clerk Chief Executive Officer Date: Michael Farkas Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements All American Asphalt Page 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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_ accnraev. or validih, of that document. State of California County of Riverside on January 31, 2022 before me, Kenona Nazari, Notary Public Date Here Insert name and Title of the Officer personally appeared Mark Luer and Michael Farkas Name(s) of Signer(s) 4'e,' 'KENONA NAZARI Notary Public -California Riverside County Commission 4 2318601 ' My Comm Expires Jan 10 2024 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 tae/she/their executed the same in h+s/he4their authorized capacity(ies), and that by histher-/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my h d and official seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Signature Page of Agreement — City of Newport Beach Document Date: January 31, 2022 Number of Pages: 10 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Mark Luer ❑ Individual X Corporate Officer — Title(s): President ❑ Partner ❑ ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: Signer's Name: Michael Farkas ❑ Individual X Corporate Officer — Title(s): Secretary ❑ Partner ❑ ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Other: Signer is Representing: Premium is included in the performance bond Executed in: 2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 7667568 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to All American Asphalt hereinafter designated as the "Principal," a contract for (1) distributing construction notices to affected residents; (2) construction surveying, survey monument restoration and monument adjustments; (3) BMP plan; (4) cold mill and overlay existing pavement; (5) removing existing curb and gutter, sidewalk, curb access ramps, residential driveway approaches cross gutters; (6) constructing curb and gutter, sidewalk, curb access ramps, residential driveway approaches and cross gutters; (7) installing traffic striping and pavement markings; (8) coordinating with outside utility owners to have their facilities adjusted to grade; (9) removing existing hardscaping, pavement, walls and landscape as needed for contract work; and (10) as -built plan preparation and other incidentals items to be completed in work places required by the Plans and Specifications 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 Nine Hundred Fifty Eight Thousand Eight Hundred Fifty Nine Dollars and 00/100 ($958,859.00) 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 All American Asphalt Page A-1 exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. 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 27th day of January , 2022 . All American Asphalt Name of Contractor (Principal) Authorized Signature/Title wkul af,\ ar1�aS l Seca cr ary Fidelity and Deposit Company of Maryland l� 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:)e� 0\1 U Von C. Harp City Attorney Rebecca Haas -Bates, Attorney=;n-Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt Page A-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 January 31, 2022 before me, Kenona Nazari, Notary Public Dale Here Insert name and Title of the Officer personally appeared Michael Farkas Names; of Signer(al— who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in his/her/their authorized capacity(fes), and that by his/heratheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. KENCINANAZARI I certify under PENALTY OF PERJURY under the laws of the State of Notary Public California x California that the forgoing paragraph is true and correct. Riverside County Commission # 2318601 My Comm, Expires Jan 10, 2024 ~ WITNESS my h nd official seal. 1 Signature (',1(/D, knn� Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Labor and Material Payment Bonds — City of Newport Beach Document Date: January 26, 2022 Number of Pages: 5 Signer(s) Other Than Named Above: Rebecca Haas -Bates Attorney -in -Fact Capacity(") Claimed by Signer(s) Signer's Name: Michael Farkas Signer's Name: ❑ Individual ❑ Individual X Corporate Officer — Title(s): Secretary ❑ Partner ❑ ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: ❑ Corporate Officer — Ti ❑ Partner ❑ ❑ Limited ❑ ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: ** Please See Attached ** 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 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 Page A-3 CALIFORNIA • • 1189 C<ai..a<_ca•.aCa<.a<.a<. .ai.a<ia ai a<. i •_ae_� .. Ga<.�i..a v> . .a . i a .a _ a .a<.a . .ate. _a . < a'.ai.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 01/27/2022 before me, Liliana Gomez, Notary Public Date personally appeared Rebecca Haas -Bates Here Insert Name and Title of the Officer NameKof Signer(* who proved to me on the basis of satisfactory evidence to be the person* whose name(6. is/tee subscribed to the within instrument and acknowledged to me that he/she/thay executed the same in lis/her/their authorized capacity(ib�, and that by hWherRhek signatureZ.on the instrument the person(,• or the entity upon behalf of which the person(s). acted, executed the instrument. o LILIANA GOMEZ ' \.• Notary Public California i Orange County v T Commission # 2243326 May 20, 2022 ` My Comm. Expires 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 ')q'('YA a1LR *?�� Signature of Nota ublic 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 Labor and Materials Title or Type of Document: Payment Bond No. 7667568 Document Date: 01/27/2022 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 [ I Individual i1W 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 — Cl Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: (`L '�li-•✓<V:�•✓f'•✓ Los' -d 'd 'L4'd 4.v '.`/G �t/<\✓.'ri<'• f' '.�<C✓�'•✓ •✓ t�,•J - 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 I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 27cn day of January zozz 01-1 Q��M W 1qy J� - By: Brian M. Hodges 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.reaortsfclai ms(&zurichna.com 800-626-4577 Premium is for contract term and is subject to adjustment based on final contract price EXHIBIT B Executed in: 2 Counterparts CITY OF NEWPORT BEACH BOND NO. 7667568 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,787.00 , being at the rate of $ 3.95 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to All American Asphalt hereinafter designated as the "Principal," a contract for (1) distributing construction notices to affected residents; (2) construction surveying, survey monument restoration and monument adjustments; (3) BMP plan; (4) cold mill and overlay existing pavement; (5) removing existing curb and gutter, sidewalk, curb access ramps, residential driveway approaches cross gutters; (6) constructing curb and gutter, sidewalk, curb access ramps, residential driveway approaches and cross gutters; (7) installing traffic striping and pavement markings; (8) coordinating with outside utility owners to have their facilities adjusted to grade; (9) removing existing hardscaping, pavement, walls and landscape as needed for contract work; and (10) as -built plan preparation and other incidentals items to be completed in work places required by the Plans and Specifications 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 Nine Hundred Fifty Eight Thousand Eight Hundred Fifty Nine Dollars and 001100 ($958,859.00) 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 Page B-1 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 27th day of January 2022 . All American Asphalt -�--DL- Name of Contractor (Principal) Authorized 'gnature/Title M�(,hQe� FUrt-ori (Secre,�a,�ry Fidelity and Deposit Company of Marylandp�-� 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: Dlkkl�)9 By: 4A.n C. Harp City Attorney Rebecca Haas -Bates, Attorney -in.-Fact Print Name and Title a NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt Page B-2 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 doenment to which this certificate is attached. and not the truthfulness. accuracv. or validity of that document_ State of California County of Riverside On January 31, 2022 before me, Kenona Nazari, Notary Public Date Here Insert name and Title of the Officer personally appeared Michael Farkz Name(s)-of Signer(.&} who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/4e4their authorized capacity(ies), and that by his/ber4heir signature(s) on the instrument the person(s), or the entity upon behalf SEAL O°ry KENONA NAZARI of which the person(s) acted, executed the instrument. s Notary Public - California a _— Riverside County I certify under PENALTY OF PERJURY under the laws of the State of Commission # 2318601 California that the forgoing paragraph is true and correct. My Comm, Expires Jan 10, 2024 WITNESSm a d and official seal. Signatu •e Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Faithful Performance Bond — City of Newport Beach Document Date: January 26, 2022 Number of Pages: 5 Signer(s) Other Than Named Above: Rebecca Haas -Bates, Attorney -in -Fact Capacity(ies) Claimed by Signer(s) Signer's Name: Michael Farkas Signer's Name: ❑ Individual ❑ Individual X Corporate Officer — Title(s): Secretary ❑ Corporate Officer — Title( : _ ❑ Partner ❑ ❑ Limited ❑ General THUMBPRINTRIGHT ❑ Partner ❑ ❑ Limited ❑ neral ❑ Attorney in Fact OF SIGNER ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Trustee ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: All American Asphalt 71 ** Please See Attached ** 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 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. State of California (seal) 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 Page B-3 CALIFORNIA • OD .. C< �Z.as<.�<!a�•.�<.c�..a<:. <s�<.c�<.a . �<�"'<�<s�<..�._c�< <�• s.<.v\<.s�..c..•. ,a<.c.<r' c,... <.z� _ < . < a� ..�,<.c� .c�•s� ..�.•.� .. . c . ..�•.z� . 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 01/27/2022 before me, Liliana Gomez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof SignerN who proved to me on the basis of satisfactory evidence to be the person* whose name(6. is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in Ns/her/their authorized capacity((i*, and that by his/her/their signatureZ4on the instrument the person(* or the entity upon behalf of which the person(s). acted, executed the instrument. 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 1�qa- " Signature of Notary P lic 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. 7667568 Document Date: 01/27/2022 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 11 General Ll Individual W 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 — CI Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: L'✓G�✓�"✓GL.LL,G"••✓L`•. L.G"ti •dti✓G�.' S LLL"✓ 'LG\✓L•• . L• G�,L�✓,�' L%G�✓L'• '�G' ✓G'•JL'L y ••✓ �L�`, Gam, '✓G' 'LG'✓LVG�, '•'✓LVL"LG' 02014 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1 -800-876-6827) Item #5907 LILIANA GOMEZ Notary Public - California County .3 orange Commission # 2243326 20, 20221" 4 oar' My Comm. Expires May 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 1�qa- " Signature of Notary P lic 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. 7667568 Document Date: 01/27/2022 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 11 General Ll Individual W 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 — CI Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: L'✓G�✓�"✓GL.LL,G"••✓L`•. L.G"ti •dti✓G�.' S LLL"✓ 'LG\✓L•• . L• G�,L�✓,�' L%G�✓L'• '�G' ✓G'•JL'L y ••✓ �L�`, Gam, '✓G' 'LG'✓LVG�, '•'✓LVL"LG' 02014 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1 -800-876-6827) Item #5907 PRF7667568 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 Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Rebecca Haas -Bates , 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 27th day of January , A.D. 2022 i a^W.L 1TT ...Tj ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 271h day of January A.D. 2022 , before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, 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, 2023 EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers.. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an All American Asphalt 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 A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten All American Asphalt Page C-2 (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. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. Cit_y'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 All American Asphalt Page C-3 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 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 Page C-4 K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. All American Asphalt Page C-5 City of Newport Beach VIA LIDO SOUD AND NORD PAVEMENT REHABILITATION Contract No. 7992-1 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 Councilmembers: The undersigned declares that the Contractor 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. 7992-1 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: ►Z 11U Zl Date 951-736-7600 1951-736-7646 Bidder's Telephone and Fax Numbers 267073 -Class: A, Class C-12 Bidder's License No(s). and Classification (s) 1000001051 DIR Registration Number All American Asphalt Bidder Bidder's AutKorized Signature and Title Edward J. Carlson, Vice President. 400 East Sixth Street Corona, CA. 92879 Bidder's Address Bidder's email address: publicworks@allamericanasphalt.com PR -1 Vendor Name All American Asphalt Address PC Box 2229 Delivery Method Corona, California 92878 Bid Responsive United States Respondee Kimberly Bird Respondee Title Project Manager Phone 951-736-7600 Email Publicworks@allamericanasphalt.com Vendor Type CADIR License # 267073 CADIR 1000001051 Bid Format Electronic Submitted 12/21/2021 9A8 AM (PST) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 276171 File Title File Name File Type BID SUBMITTAL C-7992-1 All American Asphalt.pdf BID SUBMITTAL C-7992-1 All American Asphalt.pdf General Attachment Bid Bond C-7992-1 All American Asphalt.pdf Bid Bond C-7992-1 All American Asphalt.pdf Bid Bond Showing 2 Subcontractors Name & Address Case Land Surveying 614 N- Eckhoff Street Orange, California 92868 Cat Tracking, Inc. 17 Commercial Avenue Riverside, California 92507 Desc License Num Surveying L5411 Signing & Striping 991122 CADIR Amount Type 1000001533 $54,300.00 1000011750 $20,900.00 CADIR Discount Terms No Discount Item # Item Code Type Item Description UOM QTY Unit Price Line Total Response Comment Section 1 $958,859.00 1 Mobilization and Demobilization LS 1 $52,201.00 $52,201.00 Yes 2 SWPPP Preparation, Implementation and Monitoring LS 1 $18,825.00 $78,825.00 Yes 3 Traffic Control LS i S28,427.00 $28,427.00 Yes 4 Surveying Services LS 1 $55,993.00 $55,993.00 Yes 5 Provide As -Built Plans LS 1 $5,000.00 $5,000.00 Yes 6 Cold Mill Asphalt Pavement (2" Min.) SF 382000 $0.20 $76,400.00 Yes 7 Asphalt Concrete Overlay (1-1/2') TON 2200 $87.20 $191,840.00 Yes 8 Asphalt Concrete Overlay (1-1/2"to 2") TON 1800 $87.20 $156,960.00 Yes 9 Remove and Reconstruct 8 -Inch Thick PCC Cross Gutter SF 340 $24.60 $8,364.00 Yes 10 Adjust Water Valve Box and Cover to Grade EA 135 $773.00 9104,355.00 Yes 11 Adjust Manhole Frame and Cover to Grade EA 70 $928.00 $64,960.00 Yes 12 Adjust Sewer Cleanout Box and Cover to Grade EA 5 $928.00 $4,640.00 Yes 13 Remove and Install New Sewer Manhole Frame and Cover and Rings EA 32 57,340.00 542,880.00 Yes 14 Remove 10 -Inch and 12 -Inch of Existing Pavement and Construct 10 -Inch Full Depth AC Pavement Section SF 3500 $12.25 $42,875.00 Yes 15 Remove and Reconstruct Rolled Curb and Gutter LF 44 $84.50 $3,718.00 Yes 16 Remove Existing Curb & Gutter, Hardscape and/or PCC Curb Access Ramp and Construct PCC Curb Access Ramp EA 10 $4,436.00 $44,360.00 Yes 17 Remove Hardscape and Reconstruct 4 -Inch Thick PCC Sidewalk SF 400 $11.60 $4,640.00 Yes 18 Install Traffic Rated Truncated Dome Tiles EA 1 $361.00 $361.00 Yes 19 Remove Existing and Reconstruct PCC Residential Driveway Approach SF 250 $18.60 $4,650.00 Yes 20 Remove Existing and Reconstruct Planter Wall LF 25 5510.00 $12,750.00 Yes 21 Remove and Relocate Existing Streetlight Pull Box EA 1 S6,180.00 $6,180.00 Yes 22 Remove and Relocate Existing Sign and Post EA 5 $103.00 $515.00 Yes 23 Adjust Water Meter Box and Cover to Grade EA 1 $335.00 $335.00 Yes 24 Remove, Modify and Replace or Protect Existing Landscaping and Irrigation LS 1 $5,653.00 $5,653.00 Yes 25 Install Signs, Striping, Pavement Markings and Pavement Markers LS 1 521,977.00 $21,977.00 Yes Section Title Section 1 Grand Total Line Total $958,859.00 $958,859.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS VIA LIDO SOUD AND NORD PAVEMENT REHABILITATION PROJECT NO. 21R11 CONTRACT NO. 7992-1 PART 1 - 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 3-3.2.2 Basis for Establishing Cost 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 5-1.1 General 5-2 PROTECTION 5-4 RELOCATION 1 1 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 4 4 4 5 5 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 5 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 5 6-1.1 Construction Schedule 5 6-7 TIME OF COMPLETION 6 6-7.1 General 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 8 7-2.2 Prevailing Wages 8 7-7 COOPERATION AND COLLATERAL WORK 8 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 7-8.6.3 Storm Water Pollution Prevention Plan (SWPPP) 9 7-10 SAFETY 10 7-10.3 Haul Routes 10 7-10.4 Safety 10 7-10.4.1 Work Site Safety 10 7-10.5 Security and Protective Devices 10 7-10.5.3 Steel Plate Covers 10 SECTION 9 - MEASUREMENT AND PAYMENT 10 9-2 LUMP SUM WORK 10 9-3 PAYMENT 10 9-3.1 General 10 9-3.2 Partial and Final Payment. 15 PART 2 - CONSTRUCTION MATERIALS 15 SECTION 200 — ROCK MATERIALS 15 200-2 UNTREATED BASE MATERIALS 15 200-2.1 General 15 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 15 201-1 PORTLAND CEMENT CONCRETE 15 201-1.1 Requirements 15 201-1.1.2 Concrete Specified by Class and Alternate Class 15 201-2 REINFORCEMENT FOR CONCRETE 15 201-2.2 Steel Reinforcement 15 201-2.2.1 Reinforcing Steel 15 SECTION 203 — BITUMINOUS MATERIALS 15 203-6 ASPHALT CONCRETE 15 203-6.5 Type III Asphalt Concrete Mixtures 15 SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 16 214-4 PAINT FOR STRIPING AND MARKINGS 16 214-4.1 General 16 214-6 PAVEMENT MARKERS 16 214-6.3 Non -Reflective Pavement Markers 16 214-6.3.1 General 16 214-6.4 Retroreflective Pavement Markers 16 214-6.4.1 General 16 SECTION 215 - TRAFFIC SIGNS PART 3 - CONSTRUCTION METHODS 16 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 17 300-1.3.2 Requirements 17 SECTION 302 - ROADWAY SURFACING 17 302-1 COLD MILLING OF EXISTING PAVEMENT 17 302-1.1 General 17 302-5 ASPHALT CONCRETE PAVEMENT 18 302-5.1 General 18 302-5.8 Manholes (and Other Structures) 18 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 18 302-6.7 Traffic and Use Provisions 18 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 18 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND 19 DRIVEWAYS 18 303-5.1 Requirements 18 303-5.1.1 General 18 303-5.5 Finishing 19 303-5.5.2 Curb 19 303-5.5.4 Gutter 19 SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 19 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 19 314-2.1 General 19 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 19 314-4.1 General 19 314-4.2 Control of Alignment and Layout 19 314-4.2.1 General 19 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 20 314-4.4.1 General 20 314-4.4.2 Surface Preparation 20 314-5 PAVEMENT MARKERS 20 314-5.1 General 20 SECTION 315 - TRAFFIC SIGN INSTALLATION 20 PART 6 - TEMPORARY TRAFFIC CONTROL 21 SECTION 600 - ACCESS 21 600-1 GENERAL 21 600-2 VEHICULAR ACCESS 21 600-3 PEDESTRIAN ACCESS 21 SECTION 601— WORK AREA TRAFFIC CONTROL 22 601-1 GENERAL 22 601-2 TRAFFIC CONTROL PLAN (TCP) 22 PARTS - LANDSCAPING AND IRRIGATION 23 SECTION 800 - MATERIALS 23 800-1 LANDSCAPING MATERIAL 23 800-1.1 Topsoil 23 800-1.1.1 General 23 SECTION 801 - INSTALLATION 801-1 General 801-6 MAINTENANCE AND PLANT ESTABLISHMENT 23 23 24 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS VIA LIDO SOUD AND NORD PAVEMENT REHABILITATION PROJECT NO. 21 R11 CONTRACT NO. 7992-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -7013-S); (3) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria 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 online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS UNITS OF MEASURE AND SYMBOLS 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 Page SP 1 of 24 At the time of the award and until completion of work, the Contractor shall possess a Class "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. 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 residents; (2) construction surveying, survey monument restoration and monument adjustments; (3) BMP plan (4) cold mill and overlay existing pavement; (5) removing existing curb and gutter, sidewalk, curb access ramps, residential driveway approaches cross gutters; (6) constructing curb and gutter, sidewalk, curb access ramps, residential driveway approaches and cross gutters; (7) installing traffic striping and pavement markings; (8) coordinating with outside utility owners to have their facilities adjusted to grade; (9) removing existing hardscaping, pavement, walls and landscape as needed for contract work; and (10) as -built plan preparation and other incidentals items to be completed in work places required by the Plans and Specifications. 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete the second paragraph and replace with the following: The Contractor shall submit to the Engineer, a minimum of 7 days prior to the start of work, a list of controlling survey monuments which may be disturbed. The Contractor shall: a) set survey points outside the affected work area that reference and locate each controlling survey monument that may be disturbed, b) file a Corner Record or Record of Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments, and c) file a Corner Record or Record of Survey with the County Surveyor after reestablishment of the disturbed (permanent) controlling survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Corner Record or Record of Survey with the County Surveyor upon monument restoration. Page SP 2 of 24 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. The design surveyor for this project is Guida Surveying, Inc. and can be contacted at (949) 777-2000. At a minimum, two (2) sets of cut -sheets for all areas shall be included in the bid price and copies of each set shall be provided to the City 48 - hours in advance of any work. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs 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 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs and shall constitute the markup for all Page SP 3 of 24 overhead and profit. An additional markup of five (5) percent of the total subcontracted cost may be added by the Contractor. To the sum of the costs and markups provided in this subsection, one (1) percent may be added as 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. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 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 sandblasting 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. Page SP 4 of 24 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 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 addition, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. Page SP 5 of 24 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 80 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. Unless otherwise approved by the Engineer, construction shall start on January 31, 2021. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 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. The following days are designated City holidays and are non -working days: 1. January 1St (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 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11 th (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 30th (City Office Closure) 12. December 31 st (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 Page SP6of24 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. 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 $973.00 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. Page SP7of24 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 Prevailing Wages 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. 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: Page SP 8 of 24 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. 7-8.6.3 Storm Water Pollution Prevention Plan (SWPPP) Contactor shall retain a Qualified SWPPP Developer (QSD) to prepare a SWPPP for the project. The contractor shall implement and maintain the requirements of the SWPPP, including all required BMPs during all phases of the work. The implementation of the SWPPP shall be performed by a Qualified SWPPP Practitioner (QSP) to be retained by the Contractor. SWPPP implementation shall be subject to inspection by the City and any identified deficiencies shall be corrected by the Contractor at the Contractor's expense. The SWPPP shall be amended by the Contractor whenever there is a change in design, construction, operation or maintenance which has a significant effect on the potential for discharge of pollutants. The SWPPP shall also be amended by the Contractor if it proves to be ineffective in significantly reducing pollutants from the construction site. Each submittal shall include two (2) hard copies and one (1) Adobe Acrobat "pdf' copy. The SWPPP must be kept at the construction site during construction and also be available for review when requested by the Regional Water Quality Control Board (RWQCB) or the City. Contractor is not responsible for filing a Notice of Intent (NOI) for permit coverage or a Notice of Termination (NOT) at project end. City will file the NOI and NOT through the State Water Resources Control Board (SWRCB) SMARTS system. The Contractor shall prepare and electronically submit all reports required by General Permit (including the Annual Report) to the City throughout the duration of the project for the City's review and submittal to the SWRCB SMARTS system. The Annual Report shall be submitted no later than August 1st of each year and must include a summary and evaluation of all sampling and analysis results, original laboratory reports, chain of custody forms, a summary of all corrective actions taken during the compliance year, and identification of any compliance activities or corrective actions that were not implemented. Page SP9of24 In the event the City incurs any administrative civil liability (fine) imposed by the RWQCB as a result of Contractor's failure to fully implement the provisions of this section, the Engineer may withhold from payments otherwise due the Contractor a sufficient amount to cover the fine. 7-10 SAFETY 7-10.3 Haul Routes Haul routes shall be limited to Via Lido Soud, Via Lido Nord, Via Antibes and Via Genoa. 7-10.4 Safety 7-10.4.1 Work Site Safety 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 Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. 7-10.5 Security and Protective Devices 7-10.5.3 Steel Plate Covers 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. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 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 Page SP 10 of 24 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 SWPPP: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for retaining a QSD and QSP to develop, amend and implement the SWPPP. 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 (4) CMS and updating messages on the CMS 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. Item No. 4 Surveying Services: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs of surveying, establishing horizontal and vertical controls, providing construction staking, 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. 5 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 $5,000 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. Item No. 6 Cold Mill Minimum 2 -inches Thick Asphalt Concrete Pavement: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for cold milling the asphalt concrete pavement, constructing temporary Page SP 11 of 24 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. Item No. 7 Construct 1 '/2 -Inch Thick Asphalt Concrete Finish Course: 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 the asphalt concrete finish course and all other work items as required to complete the work in place. Item No. 8 Construct 1 % To 2 Inch Thick Asphalt Concrete Finish Course: 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 the asphalt concrete finish course and all other work items as required to complete the work in place. Item No. 9 Remove and Reconstruct 8 -Inch Thick PCC Cross Gutter: 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 cross gutter and spandrels, grading and compacting subgrade, placing and compacting crushed miscellaneous base, installing smooth galvanized steel bars, constructing concrete cross gutter, constructing asphalt concrete slot paving adjacent to cross gutter, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 10 Adjust Water Valve Box and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operation of all water valve box and cover to grade per CNB STD -513, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 11 Adjust Manhole Frame and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operation of all manhole frame and cover to grade per CNB STD -321, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 12 Adjust Sewer Cleanout Box and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operation of all sewer cleanout box and cover to grade per CNB STD -406, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 13 Remove and Install New Sewer Manhole Frame and Cover and Rings: 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 and rings, temporarily lowering and/or covering the manhole to facilitate paving operation, furnishing and installing new manhole frame and cover and rings to grade per CNB STD -318, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Page SP 12 of 24 Item No. 14 Remove 10 Inches to 12 Inches of Existing Pavement and Base to Install a Minimum 10 Inches Full Depth AC Pavement: Work under this item shall include removing and disposing of the existing roadway, base and subgrade, installing new 10 -inch deep asphalt concrete compacted pavement section in reconstruction areas (dig -out) only, subgrade compaction, and all other related work as required by the Contract Documents. Asphalt concrete base section shall be Type III -132 -PG 64-10. Item No. 15 Remove and Reconstruct Rolled Curb and Gutter: 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 and gutter, grading and compacting subgrade, reconstructing existing curb openings and curb drains, constructing concrete curb and gutter, constructing asphalt concrete slot paving adjacent to the curb and gutter, re -chiseling the curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 16 Remove and Construct PCC Access Ramp: 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 sidewalk or access ramps, grading and compacting subgrade, constructing concrete access ramps per Detail 14 on plan sheet 5 of the Contract Drawing and CNB STD -181, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 17 Remove and Reconstruct 4 -inch Thick PCC Sidewalk: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing sidewalk, grading and compacting subgrade, constructing concrete sidewalk, installing expansion joint material, constructing weakened plane joints, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 18 Install Truncated Dome Tiles in Proposed Driveway Approach: 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 sidewalk or access ramps, grading and compacting subgrade, installing truncated domes tiles in the driveway approach per CNB STD -181, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 19 Remove and Reconstruct PCC Driveway Approach: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing driveway approach, grading and compacting subgrade, constructing concrete driveway approach, installing expansion joint material, constructing weakened plane joints, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 20 Remove Existing and Reconstruct Planter Wall: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for Page SP 13 of 24 removing and disposing of existing wall, grading and compacting subgrade, constructing planter wall, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 21 Remove and Relocate Existing Streetlight Pull Box to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing streetlight electrical boxes, and relocating streetlight pull boxes, conduits and wiring to grade per CNB STD -204, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 22 Remove and Relocate Existing Signs and Post to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing signs and posts, and relocating signs and posts to grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 23 Adjust Water Meter Box and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operation of all water meter box and cover to grade per CNB STD -502, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 24 Remove, Modify, and Replace or Protect Existing Landscaping and Irrigation: There is existing landscaping and irrigation within the project limits that will need to be removed, relocated, modified and/ or replaced. Landscaping shall include, but not be limited to ground cover, bushes, plants, curb drain (including pipe). The work under this item shall include but not be limited to removing, relocating and/ or protecting landscaping and irrigation or replacing the landscaping and irrigation to a condition equal to or better than that which existed prior to the start of work, unless otherwise provided for on the plans or in these specifications. The Contractor shall re-route interfering portions of the existing irrigation system including relocating or adding new heads, connecting the new service to the existing service and shall make temporary connection(s) to any irrigation system that is disconnected during the course of its work. It is the Contractor's responsibility to examine the site and determine what damage will be incurred by the new construction. The Contractor shall restore the work area to its original condition and state of usefulness as soon as practicable and all other work items as required to complete the work in place. Item No. 25 Install Signs, Striping, Pavement Markings and Pavement 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, removing or relocating street signs and posts, installing temporary and permanent pavement striping, markings and markers, installing street signs and posts, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Page SP 14 of 24 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 200 — ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General Crushed Miscellaneous Base (CMB) shall be used as the untreated base material. 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. SECTION 203 — BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE 203-6.5 Type III Asphalt Concrete Mixtures Asphalt concrete finish course and leveling course shall be Type III -C3 -PG 64-10 (20% max RAP). Asphalt concrete base course shall be Type III -B2 -PG 64-10 (20% max RAP). Page SP 15 of 24 SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS 214-4.1 General Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized thermoplastic. 214-6 PAVEMENT MARKERS All pavement markers shall comply with Section 85 of the State of California Standard Specifications. 214-6.3 Non -Reflective Pavement Markers 214-6.3.1 General All new non -reflective pavement markers Types A and AY shall be ceramic. 214-6.4 Retroreflective Pavement Markers 214-6.4.1 General All retroreflective pavement markers shall be 3M Series 290 with glass -covered faces, or approved equal. 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 (0.08 inch thickness). New sign posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge 2 Y4 inch unistrut (OD) base. 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 Page SP 16 of 24 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, Driveway, 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. SECTION 302 - ROADWAY SURFACING 302-1 COLD MILLING OF EXISTING PAVEMENT 302-1.1 General The milled pavement shall be paved with asphalt concrete (base course, leveling course or finish course) on the same day that the cold milling is performed. The limits of work for each working day or night shall extend only as far as both cold milling and placement of asphalt concrete can be completed to assure that no pavement is left milled without Page SP 17 of 24 placement of asphalt concrete base course, level course or finish course at the end of the each work day or night. 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General All cracks Y4 -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 layer of asphalt concrete (finish course) shall be placed in a separate lift. Longitudinal joints between two passes of asphalt concrete shall be along a lane line. Holes, spalls, and cracks greater than 1/4 -inch in width shall be filled and compacted to 95% minimum. 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 asphalt concrete patchback shall be placed within 72 hours following concrete placement. Page SP 18 of 24 303-5.5 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. SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-2.1 General The Contractor shall remove all existing traffic striping and pavement markings by grinding. Other methods such as sandblasting will not be allowed. 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-4.1 General Temporary painted traffic striping and markings shall be lane marking paint applied at 15 mil in one coat, as soon as possible and within 24 hours after the level course, finish course or slurry seal has been placed. The width of the temporary lane line stripes shall be one-half the width of the permanent final stripes. Temporary crosswalks and stop bars stripes shall be full width and shall be placed prior to opening the street to traffic. Tabs and/or "cat -tracking" stripes shall also be placed prior to opening the street to traffic. Tabs and/or "cat -tracking" will not be accepted as temporary striping. 314-4.2 Control of Alignment and Layout 314-4.2.1 General 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 Page SP 19 of 24 markings. No street shall be without proper striping over a weekend or holiday. Stop bars and crosswalks shall not remain unpainted overnight. 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 314-4.4.1 General The final reflectorized thermoplastic striping shall not be applied until the finish course pavement or slurry seal has been in place for at least 10 days but no later than 15 days. The thermoplastic shall be applied at 1.5 mm (60 mil) to 2.0 mm (80 mil) thickness for all striping except crosswalks and limit lines which shall be 2.5 mm (100 mil) to 3.0 mm (120 mil) thickness. Striping shall be applied by extrusion method. Sprayable thermoplastic striping shall not be allowed. 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. 314-4.4.2 Surface Preparation Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. The concrete surface shall be roughened along the thermoplastic striping. The width of the roughened concrete surface shall match the width of the striping. 314-5 PAVEMENT MARKERS 314-5.1 General Raised pavement markers shall not be placed until the finish course pavement or slurry seal has been in place for at least 10 days but not later than 15 days. SECTION 315 - 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. Page SP 20 of 24 Refer to CNB DWG 924 for typical sign installation. PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-1 GENERAL 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. 600-2 VEHICULAR ACCESS 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. 600-3 PEDESTRIAN ACCESS 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. Page SP 21 of 24 SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, changeable message signs (CMS), 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 CMS shall be updated by the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) 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 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. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street or alley during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3466 and all affected property owners. 5. The Contractor will be allowed only to work on either Via Lido Soud or Nord separately to maintain traffic flow on the Island. Meaning, no work will be allowed on Via Lido Nord if work is taking place on Via Lido Soud. 6. Sidewalk closures shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure. Page SP 22 of 24 PART 8 - LANDSCAPING AND IRRIGATION SECTION 800 - MATERIALS 800-1 LANDSCAPING MATERIAL 800-1.1 Topsoil 800-1.1.1 General Topsoil shall be Class A (imported). SECTION 801 - INSTALLATION 801-1 General 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 Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. Page SP 23 of 24 b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.) b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 801-6 MAINTENANCE AND PLANT ESTABLISHMENT The maintenance and plant establishment period shall be for a period of (90) calendar days. Page SP 24 of 24 From: Customer Service To: Morgan, Shelby Cc: Iori.alcala(a)ebix.com Subject: Compliance Alert -Vendor Number 7992-1 Date: January 14, 2022 8:40:13 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. 7992-1 All American Asphalt Sent by Ebix; designated insurance certificate reviewer for the City of Newport Beach.