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HomeMy WebLinkAboutC-8925-2 - East Coast Highway and San Miguel Drive Pavement Rehabilitation and Evening Canyon Road Drainage ImprovementsV LYN N CITY OF NEWPORT BEACH 03 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 Before 10:00 AM on the 4T" day of January, 2024, at which time such bids shall be opened and read for EAST COAST HIGHWAY AND SAN MIGUEL DRIVE PAVEMENT REHABILITATION AND EVENING CANYON DRIVE DRAINAGE IMPROVEMENTS Contract No. 8925-2 $5,300,000 Engineer's Estimate Approved by O2 %James M. Houlihan puty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via Mouse Graphics at (949) 548-5571 659 W. 19t" Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" For further information, call Ben Davis, Protect Manager at (949) 644-3317 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: https://www.newportbeachca.gov/government/data-hub/online-services/bids-rfps-vendor- repistration City of Newport Beach EAST COAST HIGHWAY AND SAN MIGUEL DRIVE PAVEMENT REHABILITATION AND EVENING CANYON ROAD DRAINAGE IMPROVEMENTS Contract No. 8925-2 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 AMERICAN RESCUE PLAN ACT (ARPA) CONTRACT ADDENDUM........ Exhibit D PROPOSAL.............................................................................................................. PR-1 SPECIAL PROVISIONS............................................................................................ SP-1 2 City of Newport Beach EAST COAST HIGHWAY AND SAN MIGUEL DRIVE PAVEMENT REHABILITATION AND EVENING CANYON ROAD DRAINAGE IMPROVEMENTS Contract No. 8925-2 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 before the bid opening) 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. 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, 2"d Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office before the Bid Opening. 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. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 3 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act'. 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13, All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may 4 be extended by mutual agreement. The claimant shall fumish all reasonable documentation to support the claim. If the City needs approval from its City Council to 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. E. It is intended that American Rescue Plan Act (ARPA) Funding will be used to fund a portion of this project. Contractor shall be aware of all relevant Uniform Guidance Sections. Contractor shall be subject to 2 C.F.R. 200.321 and all necessary reporting procedures. The signature below represents that the above has been reviewed. 267073 - Class A, C12 Contractor's License No. & Classification 1000001051 06/30/2024 DIR Registration Number & Expiration Date All American Asphalt Bidder 61 Aulho' ed r ture/Title�;C���.,�,,�+ ccl w(Wc� ? ll:: v-1Son , 1tI jN Date Bond No 08597423 Bid Date 01/04/2024 City of Newport Beach EAST COAST HIGHWAY AND SAN MIGUEL DRIVE PAVEMENT REHABILITATION AND EVENING CANYON ROAD DRAINAGE IMPROVEMENTS Contract No. 8925-2 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 EAST COAST HIGHWAY AND SAN MIGUEL DRIVE PAVEMENT REHABILITATION AND EVENING CANYON ROAD DRAINAGE IMPROVEMENTS, Contract No. 8925-2 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 27th day of December 2023 All American Asphalt Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety 777 S. Figueroa Street, Suite 3900 Los Angeles, CA 90017 Address of Surety (213) 270-0600 Telephone ho iz d SignatureMtle =;d 0" 3 ^ r L5,W, V t Ce- l)rCs CienA Authorized Agent Signature Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal $ Surety must be attached) N CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate %crifies on I) the identity of the individual who signed the document to which this certificate is attached. and not the inithfulness. accuracc. or %aIidit% ol'that document. State of California County of Riverside On January 2, 2024 before me, Sarah Amanda Langley. Notary Public Date Here Insert name ano TO* of the Officer personally appeared Edward J. Carlson NamefTrof Slgner(sr 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 +�SARAHAMANOALANGLEY and acknowledged to me that he/she" executed the same in Notary Publlc - California his/#e#t#teif authorized capacity(ies), and that by his/taeNttaeir Lem Riverside County signatures) on the instrument the person(s). or the entity upon behalf Commission N 2337877 of which the person(s) acted, executed the instrument. yComm.Expires Nov 20, 2024 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct WITNESS hand and official seal. Signatur l.K/I( 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 Bidder's Bond Document Date: 12/27/23 Signers) Other Than Named Above: Number of Pages: 3 Rebecca Haas -Bates, Attorney in Fact Capacity(im) Claimed by Signer(e) Signers Name: Edward J. Carlson o Individual X Corporate Officer —Title(s): Vice President o Partner c Limited a General o Attorney in Fact 7T.p o Trustee7here o Other: Signer is Representing: Signer's Name: N/A ❑ Individual ❑ Corporate Officer — Title(s): N/A In Partner ❑ Limited c General o Attorney in Fact a Top of thumb here • Trustee o Other. N/A Signer is Representing: 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 *"Please See Attached— ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory eviden subscribed to the within instrument and acknowled E in his/her/their authorized capacity(ies), and th t the person(s), or the entity upon behalf of wIr hh%d, I certify under PENALTY OF PERJURY paragraph is true and correct. i WITNESS my hand and official seal Signature Date of Document Type or Title of Document/ Number of Pages in D cument Document in a Fore' n Language ,be the person(s) whose name(s) is/are me that he/she/they executed the same er/their signatures(s) on the instrument m(s) acted, executed the instrument. laws of the State of California that the foregoing OPTIONAL INFORMATION Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: (seal) Thumbprint of Signer ■❑ Check here if no thumbprint or fingerprint is available. 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 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 0 (seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE ..c �:..�: �..,.� ..�ci:.<�:�t!v;Y..:Ns� c�t�w:.:�N.s...:.. •�t!CN�/:�c�w.:�•. y�c ��.KT ..�N..ci�: •. v�t!:�.=�Kc�K�..�: 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 12t27i2023 before me, Alum Karen Hernandez. 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 persons} whose name(5)• is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/iheir signatureZ4on 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. ALW,: KA.REER vu[i / r %% Signature 'zy��^e Signature of Notary Public i v.y Conn u�r=t. )? tb. 2026 — 1 7�� 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: 12r27;2023 Number of Pages: Three 3 Signer's) Other Than Named Above: All American Asphalt Capaciity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates • Corporate Officer — Title(s): • Partner — 0 Limited 0 General 1=1 Individual RAttomey in Fact O Trustee 0 Guardian or Conservator Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: O Corporate Officer — Title(s): � Partner — O Limited D General L: Individual ❑ Attorney in Fact 0 Trustee ❑ Guardian or Conservator 0 Other. Signer Is Representing: 02014 National Notary Association - www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V. Section 8. Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may. by written instrument under the attested corporate seal, appoint 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 attomey-in-fact to affix the corporate seal thereto. and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned. Vice President of the ZUR1CIi 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 1 do further certify that Article V, Section S. 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 ZURICli 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 December . 2023 . `pt,ttaulgq��/, �,SUq4i, ` , co !�O 011 C►sY oSEAL" o 'c �SEAL� `dIIit�'SEfI. tit lit t Thomas O. McClellan 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 renortsfclaims a zurichna.com 800-626-4577 Authenticitv of this bond can be confirmed at bondvalidator.zurich na.com or 410-559-8790 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTO�NEY 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 -Laves of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof. do hereby nominate, constitute. and appoint William SYRKIN• Richard ADAiR, Rebecca HAAS-BATES of Irvine. California. 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 slid ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF M ARYLAND, this I lth day of October. A.D. 2023. O N•M\•\M\\�,ylyyi • N�"\\,� , ,�\p��\\C \,Ily,� aOWQ\uP�lOtl.r��°v,`" ��uSEgL`"3�3uo ^\6;=�Fuu "\qa z = s .,y • gtewwNwd' " A7"1'EST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND St'RET1' COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND I� BY: Robin D. Murray Tice President "r tr 4VYL � nrnv)r E., Brown State of \Ian land C'ountr of Baltimore On this I I th day of October. A.U. 2023, 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 ofsamc, and being by me duty sworn, deposeth and saith, that hctshe 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 Genevieve M. Maison r OENEVItEVE M. MAISON AIOTARYPttBUe - ;,,,'DuauG,,,��++• c %°tr��g,R�r__,N��� BALTIMORE:OUNTY. MO ` '•.,., W commswn Em+a JAMIARY 77.I025 ....... a` Authenticity of this bond can be confirmed at bondyalidator.zurichna.com or 410-559-8790 City of Newport Beach EAST COAST HIGHWAY AND SAN MIGUEL DRIVE PAVEMENT REHABILITATION AND EVENING CANYON ROAD DRAINAGE IMPROVEMENTS Contract No. 8925-2 DESIGNATION OF SUBCONTRACTOR(S) - AFFIDAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. All American Asphalt Bidder M �il� Author" ed Sjcfhatureffitle Edward J. Carlson, Vice President City of Newport Beach EAST COAST HIGHWAY AND SAN MIGUEL DRIVE PAVEMENT REHABILITATION AND EVENING CANYON ROAD DRAINAGE IMPROVEMENTS Contract No. 8925-2 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 Project Name/Number E. Coast Hwy & Marguerite Avenue Pavement Rehab 7807-2 Project Description Pavement Rehabilitation Approximate Construction Dates: From 01/2022 To: 10/2022 Agency Name City of Newport Beach Contact Person Ben Davis Telephone (949) 644-3317 3,363,056.30 3,363,056.00 Original Contract Amount $ Final Contract Amount $ 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. No 10 No. 2 Project Name/Number Miscellaneous Rehab RY 21-22 Project Description Pavement Rehabilitation Approximate Construction Dates: From 06/2022 Agency Name City of Fullerton Contact Person Nick Esposito To: 12/2022 Telephone (714) 738-6851 704,080.00 Original Contract Amount $ Final Contract Amount $ 704,080.00 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. NO No. 3 Project Name/Number Meridian Phase 3 Street Improvements Project Description Street Improvements Approximate Construction Dates: From Agency Name Lewis Operating Corp Contact Person Bill Hanson 11/2021 To:12/2022 Telephone (909) 985-0971 4,947,887.50 Original Contract Amount $ Final Contract Amount $ 4,947,887.50 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. No 11 No. 4 Project Name/Number Project Description Local Street Rehabilitation Project Street Rehabilitation Project Approximate Construction Dates: From 01/2021 Agency Name City of Norwalk Contact Person Damian Rosales To: 12/2022 Telephone (562) 929-5527 1,041,470.00 Original Contract Amount $ Final Contract Amount $ 1,041,470.00 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. No. 5 Project Name/Number Rossmoor Collectors and Grind Overlay Project Description Pavement Rehabilitation Approximate Construction Dates: From 04/2021 To: 12/2021 Agency Name County of Orange Contact Person Stephen Clayton Telephone (14)995-0206 2,148, 320.90 Original Contract Amount $ Final Contract Amount $ 2,148,320.90 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. 12 No. 6 Project Name/Number Arterial STS. Rehabilitation Project Description Street Rehabilitation Approximate Construction Dates: From 06/2022 Agency Name City of Garden Grove Contact Person Navin Maru To: 12/2022 Telephone (714} 741-5180 3,185,281.00 Original Contract Amount $ Final Contract Amount $ 3,185,281.00 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. 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 -" 13 Auth zed $' nature/Title Edward J. Carlson, Vice President 2022 PAST WORK REFERENCES City of Manhattan Beach 1400 Highland Ave. Manhattan Beach, CA 90266 Contact: Bianca Cardenas (310) 802-5357 bcardenas@manhattanbeach.gov RMV Realty, Inc. 28811 Ortega Hwy San Juan Capistrano, CA 92693 Contact: Kelly Haymes khaymes@ranchomv.com City of Westlake Village 31200 Oak Crest Dr. Westlake Village, CA 91361 Contact: Roxanne Hughes (805) 890-8885 rhughes@wilIdan.com City of Burbank 275 E Olive Burbank, CA 91502 Contact: Artin Megerdichian (818) 238-3942 amegerdichian@burbankca.gov City of Highland 27215 Base Line St. Highland, CA9234 Contact: Amanda Perez (909) 864-6861 a erez cityofhighland.org Slurry Seal of Central Area of Sands Section Contract Amount: $730,251.42 Start Date: 12/2021 End Date: 7/2022 Planning Area 3.1 Street Improvement Contract Amount: $3,996,996.00 Start Date: 4/2021 End Date: 4/2022 Dales Dr. and Parkridge Ave Street Improv. Amount: $1,025,336.00 Start Date: 5/2022 End Date: 6/2022 Local Residential St. Improv. Project Contract Amount: $7,761,320.00 Start Date: 1/2022 End Date: 12/2022 Pavement Management Program Contract Amount: $2,082,099.00 Start Date: 10/2021 End Date: 12/2022 2022 PAST WORK REFERENCES Toll Bros, Inc. 725 W. Town & Country Road, Ste 200 Orange, CA 92868 Contact: Brandon Haskell (714) 347-1360 bhasl<ell@tolibrothers.com City of Fullerton 303 W. Commonwealth Ave Fullerton, CA, 92632 Contact: Nick Esposito (714) 738-6851 Nick.esposito(@cityoffullerton.com City of Norco 2870 Clark Ave Norco, CA 92860 Contact: Chad Blais (951) 270-5678 cbkous@cu.norco.ca.us City of Newport Beach 100 Civic Center Drive Newport Beach, CA. 92660 Contact: Ben Davis (949) 644-3311 bdavis@newportbeachca.gov City of Villa Park 17855 Santiago Blvd. Villa Park, CA 92667 Contact: Hamid Torkamanha (714) 998-1500 hamid@villapark.orp The Metro Heights Contract Amount: $2,675,250.00 Start Date: 11/2021 End Date: 04/2022 Miscellaneous Rehab FY 21-22 Contract Amount: $704,080.00 Start Date: 06/2022 End Date: 12/2022 Corporate Yard Pavement Rehab Contract Amount: $612,755.33 Start Date: 10/2021 End Date: 12/2022 E. Coast Highway & Marguerite Avenue Pavement Rehabilitation Contract No. 7807-2 Contract Amount: $3,363,056.00 Start Date: 01/2022 End Date: 10/2022 FY2021-2022 Slurry Seal Project Contract Amount: $128,497.60 Start Date: 02/2022 End Date: 12/2022 2022 PAST WORK REFERENCES City of Norwalk 12700 Norwalk Blvd. Norwalk, CA 90650 Contact: Damian Rosales (562) 929-5527 jlopez2@norwalkca.�ov City of Buena Park 6650 Beach Blvd. Buena Park, CA 90621 Contact: Cesar Ortiz (714) 562-3689 cortiz@buenapark.com City of Santa Ciarita 23920 Valencia Blvd. #120 Valencia, CA 91355 Contact: Juana Alfaro (661) 255-4942 jalfaro@santa-clarita.com Lewis Operating Corp. 1156 N. Mountain Ave. Upland, CA 91786 Contact: Bill Hanson (909)985-0971 Bill.hansonC@lewismc.com City of La Mirada 15515 Phoebe Avenue La Mirada, CA 90638 Contact: Priscilla Yi (562) 902-2374 Priscilia.yi@cityoflamirada.org Local St. Rehabilitation Project Contract Amount: $1,041,470.00 Start Date: 01/2021 End Date: 12/2022 Eighth Street Rehab Project Contract Amount: $510,000.00 Start Date: 1/2021 End Date: 12/2022 Dales Dr. and Parkridge Ave Street Improv. Amount: $1,025,336.00 Start Date: 5/2022 End Date: 6/2022 Meridian Phase 3 Street Improvements Contract Amount: $4,947,887.50 Start Date: 11/2021 End Date: 12/2022 Neighborhood Slurry Seal Area 3 Contract Amount: $799,151.00 Start Date: 6/2022 End Date: 12/2022 2021 PAST WORK REFERENCES City of Anaheim 200 S. Anaheim Boulevard Anaheim, CA 92805 Contact: Jose Cortez (714) 765-5039 'coy rtczrit'anaheim.nct County of Orange 601 North Ross Street Santa Ana, CA 92701 Contact: Stephen Clayton (714) 995-0206 Stcnllcn.clavtonr(tiocpw.oc�!.'O .crn11 City of Norwalk 12700 Norwalk Blvd. Norwalk, CA 90650 Glen W. C. Kau (562) 929-5723 akau'ii,norwalkca.gov City of Garden Grove 11222 Acacia Pkwy Garden Grove, CA 92840 Navin Maru (714) 741-5180 11111arUWJ? -'acit1'.oru State College Boulevard Improvement from Ball Road to SR 91 Freeway Contract Amount: $484,848.00 Start: 8/2021 Complete: 4/2022 Rossmoor Collectors Grind & Overlay Contract Amount: $ 2,148,320.90 Start: 4/2021 Complete: 12/2021 Local Streets Rehabilitation Zone 27 East of Gard — No. 7925.3 Contract Amount: $1,051,330.00 Start: 6/2021 Completed: 12/2021 Arterial STS. Rehabilitation Contract Amount: $3,185,281.00 Start: 6/2022 Complete: 12/2021 2021 PAST WORK REFERENCES Colony Commerce C/O Caprock Partners 1300 Dove Street Suite 200 Newport Beach, CA 92660 Contact: Eric Nutter (949) 428-1400 Ext. 209 cnutter imoote.com Lennar Homes 25 Enterprise #300 Aliso Viejo, CA 92656 Contact: Diane Hannon (949)349-8000 Dianc.hannon'ir len►iar.coni City of Norco 2870 Clark Ave. Norco, AC 92860 Contact: Todd Shank (951) 270-5603 Todci.shank tunorco.cii.us Archibald St. Improvements Contract Amount: $1,949,000.00 Start: 12/2019 Completed: 12/2021 Merrill & Haven Street Improvement Contract Amount: $1,481,832.15 Start: 6/2020 Completed: 12/2021 Wayne Makin Park Slurry Seal Project Contract Amount: $52,725.89 Start: 10/2021 Completed: 12/2021 Los Angeles Department of Water and Power Pine Tree Power Plant Access Road Repair I I I North Hope Street, L-43 Improvements Los Angeles, Ca 90012 Contract Amount: $810,400.00 Contact: JoeIle Morisseau (213) 367-0123 Start: 5/2021 Joel le.morisseau<ci!1,ADWP.com Completed: 7/2021 City of Dana Point 33282 Golden Lantern Dana Point, CA 92629 Contact: Scott Fisher (949) 248-3577 s(ishcr!i`DanaPoi nt.orL City of Corona 400 South Vicentia Corona, CA 92852 Contact: Barry Ghaemi (951) 736-2400 bahaemi'iKoronaca.uov. Slurry Seal Project 19/20 Contract Amount: $1,897,897.00 Start: 04/2020 Completed: 05/2021 Street Pavement Maintenance & Rehabilitation Project No. 2020.01 Contract Amount: $3,471,178.00 Start: 6/2021 Completed: 1/2022 2020 PAST WORK REFERENCES City of Ontario 303 East B Street Ontario, CA 91764 Contact: Ariana Kern (909) 395-2129 akern(Iontarioca.gov City of Loma Linda 25541 Barton Road Loma Linda, CA 92354 Contact: T. Jarb Thaipejr (909) 799-4400 ithaipeir(cr�,lomalinda-ca.gov City of Jurupa Valley 8920 Limonite Avenue Jurupa Valley, CA 92509 Contact: Chase Keys (951) 332-6464 ckeys(a)jurupavalley.org County of Orange 601 N. Ross Street, 411 Floor Santa Ana, CA 92701 Contact: Albert Rodriguez abert.rod riguezQocpw.ocgov. com City of Compton 205 S. Willowbrook Avenue Compton, CA 90220 Contact: Brittany Duhn (Z & K Consultants) bduhn@zandkconsultants.com City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Contact: Joe Fuentes (714) 536-5259 jfuentes(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 2019 PAST WORK REFERENCES City of Simi Valley 2929 Tapo Canyon Rd. Simi Valley, CA 93063 Contact: Sarah Sheshebor (805)583-6792 sshesheb@.simivalley.org County of Ventura 501 Poli Street Ventura, CA 93001 Contact: Christopher Solis (805) 654-2054 chris.solisna.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 Strictiand (310) 605-5505 jstrictland(p).comptoncity.or9 City of San Clemente 910 Calle Negocio San Clemente, CA. 92673 Contact: Darra Koger (949) 361-3138 ko_ erD .san-clemente.om City of South Gate 8650 California Avenue South Gate, CA. 90280 Contact: John Rico (323) 563-9594 irico(o-)sogate.org Simi Valley Minor Street Rehabilitation Contract Amount: $510,124.25 Start Date: 0712019 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: 1012019 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. lasher(&Dardeehomes.com City of Fontana 8353 Sierra Avenue Fontana, CA. 92335 Contact: Kimberly Young (909) 350-7632 kyoungt7a,fontana.orq DR Horton 2280 Wardlow Circle Ste. 100 Corona, CA. 92880 Contact: Keith Alex (951) 830-5872 kalex andrhorton.com Irvine Community Development Company 550 Newport Center Dr. Ste. 550 82 Newport Beach, CA. 92660 Contact: Mike Morse (949) 720-2560 mmorsena.irvinecompany.com City of Downey 11111 Brookshire Avenue Downey, CA. 90241 Contact: Desi Gutierrez, (562) 904-7110 dgutierradowneyca.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 Singiton Road Contract Amount: $1,684,000.00 Start Date: 07/2018 End Date: 12/2019 Portola Springs PA-6 Enclave 5B Phasel,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 13220 Central Avenue Chino, CA. 91710 Contact: Dustin Postovoit (909) 334-3415 apostovoitCaD-cityofchino.org City of Lancaster 44933 Fern Avenue Lancaster, CA. 93534 Contact. Greg Wilson (661) 570-8003 gwilsonna.cityoflancasterca.org City of Colton 650 N. La Cadena Dr. Colton, CA, 92324 Contact: Victor Ortiz (909) 370-5099 vortizp.coltonca.gov City of Cathedral City 68700 Ave Lalo Guerrero Cathedral City, CA. 92234 Contact: John A. Corella (760) 770-0349 icorella acathedralcitv.gov City of San Clemente 910 Calle Negocio San Clemente, CA. 92673 Contact: Gary Voborsky (949) 361-6132 voborskygCcasan-clemente.org 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: 1212019 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 "2018" PAST WORK REFERENCES City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Contact: Alfred Castanon, (949) 644-3314 ACastanon�newLort�eachia,,f; Town of Apple Valley 14955 Dale Evans Parkway Apple Valley, CA 92307 Contact: Rich Berger, (760)240-7000 ext 7530 rber er@applevallty,x>rg City of Indian Wells 44-950 Eldorado Drive Indian Wells, CA 92210 Contact: Ken A. Seumalo, P.E., (760)346-2489, kseumalo IndianWells.com West Coast Highway Landscape Improvements, Phase 1, Contract No. 7189-1 Contract amount: $604,284.50 Start date: 06/2018 Finish date: 11/2018 Navajo Road Rehabilitation Contract amount: $8,19,182.00 Start date: 07/2017 Finish date: 12/2017 Cook Street Rubberized Pavement Overlay Contract amount: $599,599.59 Start date: 05/2018 Finish date: 12/2018 "201V" PAST WORK REFERENCES City of Moreno Valley 14177 Frederick St. P.O. Box 88005 Moreno Valley, CA 92552 Contact: Henry Ngo, P.E., (951)413-3106 henrynPinoval.o�r City of Aliso Viejo 12 Journey Street Ste 4100 Aliso Viejo, CA 92656 Contact: Mari Shakir, (949)425-2556 Mshakir@c+�ofa{isovi�« �_Pnt City of Laguna Niguel 30111 Crown Valley Parkway Laguna Niguel, CA 92677 Contact: Frank Borges, (949)632-4300 FBorges@utyofla una11quc i urn City of Jurupa Valley 8304 Limonite Avenue Suite M Jurupa Valley, CA 92509 Contact: Chase Keys, (951)332.6464 c_keys �(urupavalle�u.r�, Allessandro Blvd. Street Improvements at Chogall Court and Graham Street Contract Amount: $445,821.50 Start: 05/2018 Complete: 1112018 Aliso Creek and Road Rehab Contract Amount: $657,770.00 Start: 05/2018 Complete: 10/2018 FY 17-18 Alicia Parkway Arterial Pavement Rehab Contract Amount: $2,211,700.00 Start: 08/2018 Complete: 11/2018 Van Buren Blvd, Pavement Rehab. PH2 Contract Amount: $781,845.00 Start: 08/2018 Complete: 09/2018 City of Newport Beach EAST COAST HIGHWAY AND SAN MIGUEL DRIVE PAVEMENT REHABILITATION AND EVENING CANYON ROAD DRAINAGE IMPROVEMENTS Contract No. 8925-2 NON -COLLUSION AFFIDAVIT State of California ) ss. County of Riverside j Edward J. Carlson being first duly sworn, deposes and says that he or-alie 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 Califomia t at the for going is true and correct. All American Asphalt Bidder Authoriz d Sigp ure/Title Edward J. Carlson, Vice President Subscribed and sworn to or a 'r before me on this day of 20_ by proved to me on the basis of satisfacto evid o be the person(s) who appeared before me. I certify OIIENALTY OF PERJURY under the laws of the State of California that the foregoing paragrap is true and correct. [SEAL] 14 Notary Public My Commission Expires: CALIFORNIA JURAT GOV CODE § 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside K£NONA NAZARI =`rs Notary Public California Riverside County >; Commission # 2318601 My Comm. Expires Jan 10, 2024 Signal Place Notary Seal Above OPTIONAL Though the information below is not required by law. it may Nivvc valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Subscribed and sworn to (or affirmed) before me on this 3rd day of January , 2024, 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.) Further Description of Any Attached Document Title or Type of Document Non -Collusion Affidavit Document Date: 1-3-2024 Number of Pages: 1 Signer(s) Other Than Named Above: None Top of thumb here Top of thumb here City of Newport Beach EAST COAST HIGHWAY AND SAN MIGUEL DRIVE PAVEMENT REHABILITATION AND EVENING CANYON ROAD DRAINAGE IMPROVEMENTS Contract No. 8925-2 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): Insurance: Zurich American Insurance, Co 777 S. Figueroa Street, STE 3900 Los Angeles, CA 90017 (213) 270-0845 Bonds: Foundation Risk Partners, Corp 5530 Trabuco Road Irvine CA 92620 (949) 679-7226 Rebecca Haas -Bates, Surety Account Executive - RebeccaH@mcsins.com (949) 679-7226 15 City of Newport Beach EAST COAST HIGHWAY AND SAN MIGUEL DRIVE PAVEMENT REHABILITATION AND EVENING CANYON ROAD DRAINAGE IMPROVEMENTS Contract No. 8925-2 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name �'' PkMU 1 CCLO ksum Ei- Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2022 2021 2020 2019 2018 Total 2023 No. of contracts 92 749 966 933 1051 1146 4.737 Total dollar Amount of Contracts (in $71,982 $308,061 $277,711 $261,406 $287,961 $331,655 $1,538,776 Thousands of $ No. of fatalities 0 0 0 0 0 1 1 No. of lost 0 0 1 Workday Cases 0 0 0 1 No. of lost workday cases 0 0 0 0 0 0 involving 0 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. 16 ALL AMERICAN ASPHALT Ax Lo'A[ 01TORI"ir\11) 1111'ItlgtEt To whom it may concern, ALL AMERICAN ASPHALT ALL AMERICAN AGGREGATES T 951.730-7600 f 951-730-4671 1'-0. Box 2229. CORONA. CA 9287&2229 CONTRACTORS LICENSE=267073 A.C12 DIR #1000001051 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, i David Pease Consultant Legal Business Name of Bidder All American Asphalt Business Address: 400 E. Sixth Street Corona. CA 92879 Business Tel. No.: 951-736-7600 State Contractor's License No. and Classification: 267073 -Class A, C12 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 Signature of bidder Da Tit Signature bidd Da Tit Signature of bidder Date Title Edward J. Carlson, Vice President 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 %vho signed the doctment to which this certificate is attached and not the truthfulness. accnraev- or validity of that rinettment State of California County of Riverside on January 3. 2024 before me, Kenona_ Nazari, Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson and Michael Farkas Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/their executed the same in hisJ#terltheir authorized capacity(ies), and that by his!#erltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. *my KENONANAZAR!Notary Public •CaliforniaI certify under PENALTY OF PERJURY under the laws of the State of Riverside County Commission N 2318601 California that the forgoing paragraph is true and correct. Comm. Expires Jan 10, 2024 WITNESS my ay�d-gfffcial seal. 1 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 Paste of Bid Proposal — City of Newport Beach Document Date: January 3. 2024 Number of Pages: 1 Signer(s) Other Than Named Above: Mark Luer Capacity(ies) Claimed by Signer(s) Signer's Name: Edward J. Carlson ❑ Individual X Corporate Officer — Title(s): Vice President ❑ Partner ❑ Limited ❑ GeneralRIGHT THUMBPRINT 1 ❑ Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑ Other: Signer is Representing: Signer's Name: Michael Farkas ❑ Individual X Corporate Officer — Title(s): Secretary ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact pm ❑ Trustee ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other oflicer completing this certificate verifies only the identity of the individual who sinned the document to which this certificate is nuached. and not the tnnhinlness accuracv or validity of that document. State of California County of Riverside on January 3. 2024 before me, Kenona Nazari, Notary Public Date Here Insert name and Title of the Officer personally appeared Mark Luer Namets7" of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/#e4the4 authorized capacity(ies), and that by his/hert#eir signature(G) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. KENONA NAZARI Notary Public • California I certify under PENALTY OF PERJURY under the laws of the State of Riverside County a f California that the forgoing is true and correct. Commission ; 2318601 9 9 '<«�• My Comm. Expires Jan 10, 2024 WITNESS my d a official seal. Signatu e Place Notary Seal Above Signature of Notary ublic 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: January 3, 2024 Number of Pages: 1 Signer(s) Other Than Named Above: Edward J. Carlson and Michael Farkas Capacity(ies) Claimed by Signer(s) Signer's Name: Mark Luer Signer's Name: ❑ Individual c Individual X Corporate Officer — Title(s): President ❑ Corporate Officer — Title(s) ❑ Partner ❑ Limited c General ❑ Partner �Z o Limited c Ge eralRIGHT THUMBPRINT RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER o Attorney in Fact OF SIGNERi ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: All American Asphalt City of Newport Beach EAST COAST HIGHWAY AND SAN MIGUEL DRIVE PAVEMENT REHABILITATION AND EVENING CANYON ROAD DRAINAGE IMPROVEMENTS Contract No. 8925-2 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 fA IN City of Newport Beach EAST COAST HIGHWAY AND SAN MIGUEL DRIVE PAVEMENT REHABILITATION AND EVENING CANYON ROAD DRAINAGE IMPROVEMENTS Contract No. 8925-2 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 E. Sixth Street, Corona, CA 92879 Telephone and Fax Number: 951-736-7600 951-736-7646 California State Contractor's License No. and Class: 267073 -Class A, C12 (REQUIRED AT TIME OF AWARD) Original Date Issued: 01/19/1971 Expiration Date: 01/31/2024 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 Mangager The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Mark Luer, President 400 E. Sixth Street, Corona, CA 92879 (951) 736-7600 Edward J. Carlson, Vice President 400 E. Sixth Street, Corona, CA 92879 (951) 736-7600 Michael Farkas, Secretary 400 E. Sixth Street, Corona, CA 92879 (951) 736-7600 Corporation organized under the laws of the State of California 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: 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. N/A 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 co liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes No 'M 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. Mark Luer, President (Print name of Owner or President of Corporatio�C�ommpany) All American Asphalt Bidder Authorized Signature/Tit e Mark Luer, President Title Date On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/ar subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his `er/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the per on(s), or a entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJU/uthe laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand an -official sell. 7 (SEAL) Notary Public in -and -or said State My Commission Expires: 21 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 docnmcnt to which thie certificate ie attached and not the truthfnlnesc necurncv or validity of that document State of California County of Riverside on January 3.2024 before me, Kenona Nazari. Notary Public Date Here Insert name and Title of the Officer personally appeared Name(g)-of Signerja) f who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/a; a subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/he4theif authorized capacity(ies), and that by his/4e4heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ipmy KENONANAZARI�I certify under PENALTY OF PERJURY under the laws of the State of Notary Public - CaliforntaRiverside County California that the for oing paragraph is true and correct. Commission p 2318601 Comm. Expires Jan 10, 2024 WITNESS 75d aoial seal. Signauuc. 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 Information Required by Bidder — City of Newport Beach Document Date: January 3, 2024 Number of Pages: I Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Mark Luer Signer's Name: o Individual a Individual X Corporate Officer — Title(s): President ❑ Corporate Officer — T' le(s): • Partner , o Limited c GeneralRIGHT ❑Partner,- ❑ Limited o General THUMBPRINT o Attorney in Fact Attorney in Fact o Trustee Top of thumb here 7of Trustee ❑ Other: c Other: Signer is Representing: Signer is Representing: All American Asphalt City of Newport Beach Page 1 of E East Coast Highway and San Miguel Dnve Pavernent Rehabilitation and Evening Canyon Road Drainage Impr, vements (8925-2), bidding on 01/04/2024 10:00 AM (PST'r Frinted 01/11/2024 Bid Results Bidder Details Vendor Name All American Asphalt Address PO Box 2229 Corona, California 92878 United States Respondee KIM BIRD Respondee Title PROJECT MANAGER Phone 951-736-7600 Email publicworks@allamericanasphalt.com Vendor Type CADIR License # 267073 CADiR 1000001051 Bid Detail Bid Format Electronic Submitted 01/04/2024 9:39 AM (PST) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 357985 Respondee Comment Buyer Comment Attachments File Title File Name File Type BID SUBMITTAL C-8925-2 - ALL AMERICAN ASPHALT.pdf BID SUBMITTAL C-8925-2 - ALL AMERICAN ASPHALT.pdf General Attachment Bid Bond C-8925-2 - ALL AMERICAN ASPHALT.pdf Bid Bond C-8925-2 - ALL AMERICAN ASPHALT.pdf Bid Bond Bid Bond C-8925-2 - ALL AMERICAN ASPHALT.pdf Bid Bond C-8925-2 - ALL AMERICAN ASPHALT.pdf Bid Bond PlanetBids City of Newport Beach Page 2 of 6 East Coast Highway and San Miguel Drive Pavement Rehabilitation and Evening Canyon Road Drainage Imprmernents (5525-2), bidding on 01/04/2024 10:00 AM (PST, Printed 01/11/2024 Subcontractors Showing 4 Subcontractors Name & Address Desc License Num CADIR Amount Type CROSS TOWN ELECTRICAL ELECTRICAL 756309 1000000155 $94,295.00 5454 DIAZ STREET IRWINDALE, California 91706 Case Land Surveying SURVEYING L5411 1000001533 $72,300.00 614 N. Eckhoff Street Orange, California 92868 SMITHSON ELECTRIC INC LOOPS 614518 1000001610 $92,820.00 1938 E KATELLA AVE ORANGE, California 92667 Superior Pavement Markings STRIPING 776306 1000001476 $169,565.00 5312 Cypress Street Cypress, California 90630 PlanetBids City of Newport Beach Page 3 of E East Coast Highway and Sar, Miguel Drive Pavement Rehabilitation and Evening Canyon Road Drainage Improvements (5925-2), bidding on 01/04/2024 10:00 AM (PST) Printed 01/11/2024 Line Items Discount Terms No Discount PlanetBids City of Newport Beach East Coast Highway and San Miguel Drive Pavement Rehabilitation and Evening Canyon Road Drainage Improvements (8925-2), bidding on 01/04/2024 10:00 AM (PSTi Page 4 of E Printed 01/1112024 Item # Item Code Type Item Description UOM QTY Unit Price Line Total Response Comment Imported Items $5,493,934.50 1 Mobilization and Demobilization (Phase 2) LS 1 S160,370.25 S160,370.25 Yes 2 Surveying Services LS 1 $70,672.00 $70,672.00 Yes 3 Traffic Control LS 1 $119,799.00 $119,799.00 Yes 4 Clearing and Grubbing LS 1 $87,968.00 $87,968.00 Yes 5 Remove Ex. and Construct B" Min. AC Pave. Repair SF 32000 $11.40 5364,800.00 Yes 6 Remove Ex. and Construct 6" Min. AC Pave. Repair SF 34800 $5.65 $196,620.00 Yes 7 Remove Ex. and Construct 4" AC Bike Trail Pavement SF 20000 $12.65 $253,000.00 Yes 8 Construct Headerboard LF 4300 $16.70 $71,810.00 Yes 9 Cold Mill Existing AC Pavement 2.5' Max SF 344000 $0.50 S172,000.00 Yes 10 Cold Mill Existing AC Pavement 3" Max SF 476000 $0.55 $261,800.00 Yes 11 Construct 1" Min AC Pavement Leveling Course TN 5250 $153.25 5804,562.50 Yes 12 Construct ARHM Pavement Surface Course TN 9200 $147.25 $1,354,700.00 Yes 13 Median Improvements at Avocado Avenue LS 1 $14,485.00 $14,485.00 Yes 14 Remove Ex. and Construct 4" PCC Sidewalk SF $800 $13.00 $114,400.00 Yes 15 Remove Ex. and Construct 6" PCC Commercial Driveway SF 6220 $33.50 $208,370.00 Yes 16 Remove Ex. and Construct 8" PCC Cross Gutter and Spandrels SF 375 $63.50 $23,812.50 Yes 17 Remove Ex. and Construct PCC Curb and Gutter (Type A) LF 820 $105.25 $86,305.00 Yes 18 Remove Ex. and Construct PCC Curb (Type B) LF 155 $68.50 $10,617.50 Yes 19 Remove Ex. and Construct PCC Ret. Curb (Type B) LF 156 $45.75 57,091.25 Yes 20 Remove Ex. and Construct 4" PCC Curb Ramp EA 2 S10,302.00 $20,604.00 Yes 21 Remove Ex. and Install Steel False Curb and Adjacent PCC Curb EA 1 $9,202.00 $9,202.00 Yes 22 Remove and Reinstall Existing Newspaper Stands EA 3 $1,351.00 $4,053.00 Yes 23 Remove and Replace City Water Valve Box and Cover to Grade EA 35 $1,036.00 $36,260.00 Yes 24 Remove Ex. Water Manhole Shaft and Repair Pavement LS 1 $13,070.00 $13,070.00 Yes 25 Adjust City Water Manhole Ring, Frame and Cover to Grade EA 2 $1,284.00 $2,568.00 Yes 26 Remove and Replace Water Meter Box and Cover to Grade EA 1 $1,036.00 S1,036.00 Yes 27 Remove and Replace Water Meter Box Cover EA 1 $233.25 $233.25 Yes 28 Remove Ex. and Install New Water Meter Vault Dual Leaf Cover EA 1 $20,115.50 $20,115.50 Yes 29 Adjust City Sewer Manhole Ring, Frame and Cover to Grade EA 4 $1,284.00 $5,136.00 Yes 30 Remove Existing and Install New OCSD Sewer Manhole Ring, Frame and Cover to Grade EA 12 $2,300.00 $27,600.00 Yes 31 Adjust City Storm Drain Manhole Ring, Frame and Cover to Grade EA 25 $1,284.00 $32,100.00 Yes 32 Remove and Replace Street Light Pull Box and Cover to Grade EA 18 $2,655.25 $47,794.SD Yes 33 Remove and Replace Traffic Signal Pull Box and Cover to Grade EA 12 $3,220.25 538,643.00 Yes 34 Remove and Replace Traffic Signal Pull Box Cover to Grade EA 1 $503.00 $503.00 Yes 35 Remove and Replace City Survey Monument Well Box and Cover to Grade EA 6 $803,00 $4,818.00 Yes 36 Abandon Existing Exposed Conduit EA 1 $4,350.00 54,350.00 Yes 37 Traffic Signal Conduits EA 1 $9,604.00 $9,604.00 Yes 38 Remove and Replace Traffic Signal Detector Loop EA 210 $444.00 $93,240.00 Yes 39 Install New Bike Detector Loop Cable and Connect to New Sensor Unit in Existing Controller Cabinet EA 3 $2,022.25 $6,066.75 Yes 40 Install Striping, Pavement Markings, Pavement Markers, & Red Curb Markings LS 1 $162,438.00 $162,438.00 Yes 41 Traffic Signage LS 1 $17,120.00 $17,120.00 Yes 42 Remove Existing Oval Wayfinding Signs and Brackets EA 5 $374.50 $1,872.50 Yes 43 Provide As -built Plans (Fixed) LS 1 S5,000.00 $5,000.00 Yes 44 Mobilization (Phase 1A) LS 1 $70,490.00 $70,490.00 Yes 45 Mobilization (Phase 1B) LS 1 $68,198.00 $68,198.00 Yes 46 Surveying Services LS 1 $6,687.00 $6,687.00 Yes 47 Traffic Control LS 1 $11,119.00 $11,119.00 Yes 48 Clearing and Grubbing LS 1 $10,700.00 $10,700.00 Yes 49 Remove Existing AC Pavement & Recompact Ex. Base Material CY 52 $534.25 $27,781.00 Yes PlanetBids City of hlewport Beach East Coast Highway and Sari Miguel Drive Pavement Rehabilitation and Evening Canyon Road Drainage Imprr;vernents (8925-2), bidding on 01/04/2024 10:00 AM (PST) Page 5 of E Printed 01/11/2024 Item Item # Code Type Item Description UOM QTY Unit Price Line Total Response Comment 50 Cold Mill Existing AC Pavement 1.5" Max SF 41500 $0.55 $22,825.00 Yes 51 Construct AC Pavement TN 520 $168.00 $87,360.00 Yes 52 Remove Ex. and Construct Modified 8" PCC Spandrel and Intergral Curb SF 230 $85.50 $19,665.00 Yes 53 Remove Ex. and Construct PCC Local Depression and Integral Curb SF 150 $96.25 $14,437.50 Yes 54 Remove Ex. and Construct Integral PCC Curb and Gutter Around Slot Drain LF 115 $160.50 $18,457.50 Yes 55 Remove Ex. and Construct 15" ADS N-12 Dual Wall HDPE Pipe and Fittings LF 80 $369.25 $29,540.00 Yes 56 Remove Ex and Construct 18" ADS N-12 Dual Wall HDPE Pipe and Fittings LF 60 $433.25 $25,995.00 Yes 57 Remove Ex. and Construct 15" ADS Duraslot XL Slot Drain with Traffic Rated Grates LF 64 $572.50 $36,640.00 Yes 58 Remove Ex. and Construct 18" ADS Duraslot XL Slot Drain with Traffic Rated Grates LF 45 $636.50 $28,642.50 Yes 59 Remove Ex. and Construct Curbside Grating Catch Basin (Single) per SPPWC Std. Plan 303-3. EA 1 $10,914.00 $10,914.00 Yes 60 Remove Ex. and Construct Grating Catch Basin Longitudinal (Single) per SPPWC Sid. Plan 304-3 EA 1 $10,914.00 $10,914.00 Yes Remove Ex. and Construct Grating Catch Basin Longitudinal (Double) per SPPWC Std. Plan 304-3 and Join Existing Catch Basin and 12" 61 EA 1 $19,259.50 $19,259.50 Yes 62 Remove Ex. and Construct Storm Drain Cleanout EA 1 53,103.00 $3,103.00 Yes 63 Remove and Replace City Water Valve Box and Cover to Grade EA 9 $1,036.00 $9,324.00 Yes 64 Adjust City Sewer Manhole Ring, Frame and Cover to Grade EA 7 $1,284.00 $8,988.00 Yes 65 Adjust City Sewer Cleanout Box and Cover to Grade EA 1 $1,284.00 $1,284.00 Yes 66 Provide As -Built Plans (Fixed) LS 1 $5,000.00 $5,000.00 Yes City of Newport Beach Page 6 of 6 East Coast Highway and Sari Miguel Drive Pavement Rehatilitation and Evening Canyon Road Drainage Improvements (8925-2). bidding on 01/04/2024 10:00 AM (PST) Printed 01/11/2024 Line Item Subtotals Section Title Imported Items Grand Total Line Total $5,493,934.50 $5,493,934.50 EAST COAST HIGHWAY AND SAN MIGUEL DRIVE PAVEMENT REHABILITATION AND EVENING CANYON ROAD DRAINAGE IMPROVEMENTS CONTRACT NO. 8925-2 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 23rd day of January, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ALL AMERICAN ASPHALT, a California corporation ("Contractor"), whose address is 400 E. Sixth St., Corona, CA 92879, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: mobilization and demobilization; best management practices (BMP); staking and survey monument restoration; traffic control plan preparation and implementation; clearing and grubbing, utility company coordination and utility verification; removal of existing roadway improvements, subgrade preparation, cold milling of existing asphalt pavement and PCC pavement; construction of asphalt concrete (AC) pavement, asphalt rubberized hot mix (ARHM) pavement, full depth pavement section repairs, PCC sidewalk, PCC driveway; PCC cross gutter and spandrels, PCC pavement, PCC curb and gutter, PCC curb, PCC curb ramps, PCC truncated domes on existing curb ramps; root pruning of existing trees and installation of root barriers; utility adjustments; streetlight relocation, installation of new traffic signal conduits and pull boxes, replacement of traffic signal loop detectors, installation of advanced loop extensions, and installation of new bike detector loop cables; traffic signage improvements, striping and painted curb improvements, repairs to impacted or damaged landscaping and irrigation system improvements; as -built plan preparation, and all other work required by the Contract Documents (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. 8925-2, 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 Five Million Four Hundred Ninety Three Thousand Nine Hundred Thirty Four Dollars and 50/100 ($5,493,934.50). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated 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. All American Asphalt Page 2 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. 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. All American Asphalt Page 3 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Mark Luer All American Asphalt 400 E. Sixth Street Corona, CA 92879 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the 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 All American Asphalt Page 4 VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 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 14.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to be done according to the Contract by the Contractor and any subcontractor. In All American Asphalt Page 5 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. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations, and the parties agree that the City shall not be liable for any violation thereof. 14.2 If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, Contractor and subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660, and are available to any interested party on request. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project 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. All American Asphalt Page 6 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. All American Asphalt Page 7 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 seq., 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 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. All American Asphalt Page 8 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 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. All American Asphalt Page 9 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 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: By:a ,9 a on . Harp /7 i y Attorney 1121/ZY ATTEST: Date: City Clerk CITY OF NEWPORT BEACH, a California I corporation Date: Zk By: Will O'Neill Mayor CONTRACTOR: All American Asphalt, a California corporation Date: Signed in Counterpart By: Edward Carlson Vice President Date: Signed in Counterpart Bv: Michael Farkas Secretary, Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements All American Asphalt Page 11 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first wrlitten above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: i J Z�%� By: a on .Harp 167S i y Attorney 1/23/2`/ ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Will O'Neill Mayor CONTRACTOR: All American Asphalt, a California ncorporation Date: �L I aaaq By: Edward C son Vice President Date: ` /3��Q I 0)0ay By: Michael Farka Secretary, Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements All American Asphalt Page 11 Premium is included in the performance bond Executed in: 2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 7671560 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 mobilization and demobilization; best management practices (BMP); staking and survey monument restoration; traffic control plan preparation and implementation; clearing and grubbing, utility company coordination and utility verification; removal of existing roadway improvements, subgrade preparation, cold milling of existing asphalt pavement and PCC pavement; construction of asphalt concrete (AC) pavement, asphalt rubberized hot mix (ARHM) pavement, full depth pavement section repairs, PCC sidewalk, PCC driveway; PCC cross gutter and spandrels, PCC pavement, PCC curb and gutter, PCC curb, PCC curb ramps, PCC truncated domes on existing curb ramps; root pruning of existing trees and installation of root barriers; utility adjustments; streetlight relocation, installation of new traffic signal conduits and pull boxes, replacement of traffic signal loop detectors, installation of advanced loop extensions, and installation of new bike detector loop cables; traffic signage improvements, striping and painted curb improvements, repairs to impacted or damaged landscaping and irrigation system improvements; as -built plan preparation, and all other work required by the Contract Documents, 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 Five Million Four Hundred Ninety Three Thousand Nine Hundred Thirty Four Dollars and 50/100 Cents ($5,493,934.50) 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 All American Asphalt Page A-1 from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. 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 25th day of January , 20 24. All American Asphalt Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety 777 S. Figueroa Street, Suite 3900 Los Angeles, CA 90017 Address of Surety (213)270-0600 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: ` i r� BY: Aaron C. Harp City Attorney Author' ed gnature/Title Authorized Agent Signature Rebecca Haas -Bates, Attori y-_r.-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 verifies only the identity of the individual who signed the document to which this certificate is attached_ and not the truthfulness. accuracv. or validitv of that document. State of California County of Riverside on January 26, 2024 Date before me, Sarah Amanda Langley, Notary Public Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(a}of Signer(a} ar T SARAN AmANDA LANGLE" Notary Public California Z Riverside County z ° Commission ; 2337877 My Comm. Expires Nov 20, 2024 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aye subscribed to the within instrument and acknowledged to me that he/she/theyexecuted the same in his/he4their authorized capacity(ies), and that by his/her-FtheiF signature(&) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS"y hand and official seal Signatur 1 1 tF/LI V' Place Notary Seal Above Signature of Notary Public OPTIONAL 6 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 Bond Document Date: 01 /25/2024 Number of Pages: Signer(&) Other Than Named Above: Rebecca Haas -Bates, Attorney in Fact Capacity(ies) Claimed by Signer(sj Signer's Name: Edward J. Carlson ❑ Individual X Corporate Officer — Title(&): Vice President ❑ Partner u ❑ Limited ❑ General RIGHT THUMBPRINT ❑ Attorney in Fact OF ❑ Trustee Top of thumb here ❑ Other: Signer is Representing: 3 Signer's Name: N/A ❑ Individual ❑ Corporate Officer — Title(s): N/A ❑ Partner ❑ ❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Other: N/A 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 ORt9A ALL-PURPOSE ACKNOWLEDGMENT .mot/ u�c. • a ...t.. •..�e . 2 aC.a�CGa� tlmt.�•! . w �•sIM .� _a•.�. _. sass•_ t_a _we . r•..at.a . e.�•.a..v c� s .r .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 01/25/2024 before me, Alma Karen Hernandez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Name(W,of SignerN who proved to me on the basis of satisfactory evidence to be the person* whose name* is/axe subscribed to the within instrument and acknowledged to me that Wshe/they executed the same in his/her/fi,ek authorized capacity(it*, and that by Ns/herltheir signature�4on 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. ALMA KAREN HERNANDEZ Notary Public California = Y` s Z =' Orange County > Signature Commission # 2390908 Signature of Notary Public "•�- oar•. My Comm. Expires Jan 16, 2026 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 Labor and Materials Title or Type of Document: _ Pavment Bond No. 7671560 Document Date: 01/25/2024 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 n 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: _ G��'G"✓��'�G ' ,�.... . ri,�.tiG +/G�•✓,G'✓ "✓G''✓�' .�'.' .\.. '✓G's/,'✓ ✓ ✓G•m 'ciG'✓G••✓ ,v ✓ -✓ -• 02014•nal Notary Associationwww.NationalNotary.org i i i • • i EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the 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 25th day of January , 2024. ,,,acasue�4'tn F�, d°o4�t carp''o =f`�aSEALmi3' `yI�SEALm`� =;USEAL�Ipba ii 1inilnc• •q�W YOPW,. . 7KgQu,e , By: Mary Jean Pethick 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 800-626-4577 If your jurisdiction allows for electronic reporting of surety claims, please submit to: report sfcla ims(d.,zurichna.com Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 No. 2479-4 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of California, Fidelity and Deposit Company of Maryland of Illinois, organized under the laws of Illinois subject to its Articles of Incorporation or otherfundamenial organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California, THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, . eff ective as qJ'the 12't` day of March, 2019, ]have set my hand and caused my qfficial seal tobeaf affixed this 12" day of March, 2019. Ricardo Lara Insurance Conuntssioner By Valerie Sarfaty for Catalina Hayes -Bautista Insurance Chief Deputy NOTICE. Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. Premium is for contract term and is subject to adjustment based on final contract price Executed in: 2 Counterparts EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 7671560 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 21,701.00 , 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 formobilization and demobilization; best management practices (BMP); staking and survey monument restoration; traffic control plan preparation and implementation; clearing and grubbing, utility company coordination and utility verification; removal of existing roadway improvements, subgrade preparation, cold milling of existing asphalt pavement and PCC pavement; construction of asphalt concrete (AC) pavement, asphalt rubberized hot mix (ARHM) pavement, full depth pavement section repairs, PCC sidewalk, PCC driveway; PCC cross gutter and spandrels, PCC pavement, PCC curb and gutter, PCC curb, PCC curb ramps, PCC truncated domes on existing curb ramps; root pruning of existing trees and installation of root barriers; utility adjustments; streetlight relocation, installation of new traffic signal conduits and pull boxes, replacement of traffic signal loop detectors, installation of advanced loop extensions, and installation of new bike detector loop cables; traffic signage improvements, striping and painted curb improvements, repairs to impacted or damaged landscaping and irrigation system improvements; as -built plan preparation, and all other work required by the Contract Documents, 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 Five Million Four Hundred Ninety Three Thousand Nine Hundred Thirty Four Dollars and 50/100 Cents ($5,493,934.50) 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 All American Asphalt Page B-1 will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. 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 25th day of January 2024 . All American Asphalt Name of Contractor (Principal) Authori ed S' nature/Title to t,Xjrd :3 . iax- Q on , �; ce 1�re tderrt Fidelity and Deposit Company of Maryland Name of Surety 777 S. Figueroa Street, Suite 3900 Los Angeles, CA 90017 Address of Surety (213)270-0600 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: f I %14 K By: '� v r 1 Air n C. Harp ohs Ci Attorney Authorized Agent Signature Rebecca Haas -Bates, Attorney_-in-Fuct 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 § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validitv of that document. State of California County of Riverside on January 26, 2024 before me, Sarah Amanda Langley, Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(sj•of Signer(st• SARAH AMANDA LANGLEY Notary Public • California r Riverside County Commission = 2337877 My Comm. Expires Nov 20, 2024 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/s#eAhey executed the same in his/ e4the"�"�# authorized capacity(ies), and that by his/#er/#heir 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. WITNESSfyy hand aed offjgial seal Signatur l Place Notary Seal Above Signatu of Notary ublic L) j 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 Document Date: 01 /25/2024 Number of Pages: Signer(&) Other Than Named Above: Rebecca Haas -Bates, Attorney in Fact Capacity(ies) Claimed by Signer(sj Signer's Name: Edward J. Carlson Signer's Name: ❑ Individual ❑ Individual X Corporate Officer — Title(s): Vice President ❑ Partner u ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: N/A 3 ❑ Corporate Officer —Title(s): N/A ❑ Partner ❑ ❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Other: N/A 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 § I I M- C• c�a • a•...a a .cs •!�•. : • - a�9.e..�,..ta� e.�• s�•_aes�a..,.a.v, _ •.ma✓- • .: wa_a. a.w _ v�..a,e.c�,.. .: �.a.a..va�'c T .c> .v>,. 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 /25/2024 before me, Alma Karen Hernandez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Namej'Sjl.,of Signer's,! 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 ftis/her authorized capacity(ie*, and that by his/her/their signaturei's).on the instrument the person(,. or the entity upon behalf of which the person(} 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. yE. o rti ALMA KAREN HERNANDEZ WITNESS my hand and official seal. `" ...` Notary Public - California Z Orange Countyor > V ° Commission ; 2390908 '< <a•�. My Comm. Expires Jan 16, 2026 Signature L Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Performance Bond No. 7671560 Document Date: 01/25/2024 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 F1 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: -t/4'✓.�✓�.�✓. a'�'L�.-. n.. h.., v ' .�✓.0 . ueV�.�•✓.%U.�'✓.� �..'.v�.�4�✓, . aim •✓: ✓i-ey --v:'m�,•+✓6'w ✓G'm -✓ -er -en m rr:'yt�✓+� '�.ti'�.±� ; 02014 National Notary Association - www.NationaiNotary.org - 1-800-US NOTARY (1 -800-876-6827) Item #5907 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 25th day of January , 2024. 1•.Sccaw�and.,,, �s1 Co�,r•••.,. .•o���N SEALrn? a 'a°SEAL`3' 3'°SEAL `�i;s k' .,o Vw voPk o- 17mg p 4__ By: Mary Jean Pethick 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 800-626-4577 If your jurisdiction allows for electronic reporting of surety claims, please submit to: report sfcla ims(&i zurichna.com Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 No. 2479-4 STATE OF CALIFORNU DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of California, Fidelity and Deposit Company of Maryland ofIllinais, organized under the laws ofIllinois, subject to its Articles ofIncorporation or otherfundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions ofthis Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Boiler and Machinery, Burglary, Credit, Sprinkler, `Team and Vehicle, Automobile, Aircraft and Miscellaneous as such classes are now or may hereqfter he defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended fN1 WITNESS WHEREOF, eff ective as of the 12' day of March, 2019, Ihave set my hand and caused my q fficial seal to be affixed this 12"" dcy of March 2019. Ricardo Lara Insurance Commissioner BY Valerie Sarfaty for Catalina Hayes -Bautista Insurance Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance oftbis Certificate ofAuthority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revokinp this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A - (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California. 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, 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, volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary excess/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 two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate and four million dollars ($4,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). Page C-1 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 five million dollars ($5,000,000) combined single limit for each accident. D. Excess/Umbrella LiabilitK Insurance. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this contract, then said policies shall be "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this contract, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor's primary and excess/umbrella liability policies are exhausted. E. Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than $5,000,000 per loss and $5,000,000 in the aggregate per policy period. Claims -made policies require a 10-year extended reporting period. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, 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 Page C-2 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/umbrella 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, 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, 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 (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. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance Page C-3 written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self -insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self -insured 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. Page C-4 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. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. Page C-5 City of Newport Beach EAST COAST HIGHWAY AND SAN MIGUEL DRIVE PAVEMENT REHABILITATION AND EVENING CANYON ROAD DRAINAGE IMPROVEMENTS Contract No. 8925-2 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. 8925-2 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: t / R b 0000 A Date (951) 736-7600 (951) 736-7646 Bidder's Telephone and Fax Numbers 267073 - Class A, C12 Bidder's License No(s). and Classification(s) 1000001051 DIR Registration Number Bidder's email address: All American Asphalt Bidder Bidder' Au orized Signature and Title Edward J. Carlson, Vice President 400 E. Sixth Street, Corona, CA 92879 Bidder's Address publicworks@allamericanasphalt.com -- M 2 @ « .2 & \ ) m \� uj \ .. \ \ # u k / \ w / di) ] < 7 / m \ / G f f \ § CO \ 3 f 7 G E E § 2 ) 7 7 Q ( a \ I } w \ © ) & y \ ) t 2 ) \ } . . ► ► . . k w c . . I . G = I s