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HomeMy WebLinkAboutC-3269 - MacArthur Boulevard Pavement Rehabilitation and Sandcastle/Tiller/Blue Key Pavement OverlayJuly 11, 2000 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 All American Asphalt P. O. Box 2229 Corona, CA 91718 -2229 Subject: MacArthur Boulevard Pavement Rehabilitation and Sandcastle/ Tiller /Blue Key Pavement Overlay (C -3269) To Whom It May Concern: On January 11, 2000, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion and to release the Labor and Materials Bond after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond six months after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on January 13, 2000, Reference No. 20000022861. The Surety for the contract is Safeco Insurance Company of America, and the bond numbers are 562 -73 -59 and 597- 50 -06. Enclosed are the bidders bond, the labor & materials payment bond and the faithful performance bond. Sincerely, �1 P. 4146 1 LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department Horst Hlawaty, Construction Engineer encls. 3300 Newport Boulevard, Newport Beach PAGE 14 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT EXECUTED IN FOUR (4) PARTS CONTRACT NO. 3269 BOND NO. 597 50 06 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to All American Asphalt hereinafter designated as the "Principal," a contract for construction of MACARTHUR BOULEVARD PAVEMENT REHABILITATION AND SANDCASTLE/TILLER/BLUE KEY PAVEMENT OVERLAY, Contract No. 3269 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3269 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, All American Asphalt duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as 'Surety") are held finny bound unto the City of Newport Beach, in the sum of Eight Hundred Ninety Four Thousand Five Hundred Twenty One Dollars ($894,521.00), lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, Jointly and severally, finely by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used In, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. PAGE 15 The Bond shall Inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 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 3247 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 or the specifications accompanying the same 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 21st day of JUNE '1999, ALL AMERICAN ASPHALT Name of Contractor (Principa)) SAFECO INSURANCE COMPANY OF AMERICA Name of Surety 4 HUTPON CENTRE DRIVE, SUITE 250 -B SANTA ANA, CA. 92707 Address of Surety SURETY: 714 -437 -3052 AGENT: 714 - 935 -1112 Telephone OWEN M. BROWN, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 1 M + • 0 PAGE 16 EXECUTED IN FOUR (4) PARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3269 BOND NO. 597 50 06 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,473.00 being at the rate of $ 5.00 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to All American Asphalt hereinafter designated as the "Principal ", a contract for construction of MACARTHUR BOULEVARD PAVEMENT REHABILITATION AND SANDCASTLEITILLERIBLUE KEY PAVEMENT OVERLAY, Contract No. 3269 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained In the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3269 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and All American Asphalt, 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 Eight Hundred Ninety Four Thousand Five Hundred Twenty One Dollars ($ 894,821.00), lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, Its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner.therein specified, and in all respects according to its true intent and meaning, or falls to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, In an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 1 PAGE 17 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 the City, only in the event the 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 or to the specifications accompanying the same 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 six (6) months following the date of formal acceptance of the Project by the 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 21st day of ,TUNE , 19-m—. ALL AMERICAN ASPHALT Name of Contractor (Principal) SAFECO INSURANCE COMPANY OF AMERICA Name of Surety 4 HUTTON CENTRE DRIVE, SUITE 250 -B SANTA ANA, CA. 92707 OWEN M. BROWN, ATTORNEY -IN -FACT Address of Surety Print Name and Title SURETY: 714 -437 -3052 AGENT: 714- 935 -1112 Telephone _U.'r NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 1199 SAFEGO" KNOW ALL BY THESE PRESENTS: • POWER OF ATTORNEY WCO INSURANCE COMPANY OF AMERICA l.-AERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98188 No. That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint rrrrrrrrr+ rarassrr» rrnrrarrranrrrrrswrrrrrrrr rrr'OWEN M. BROWN: Anaheim, Calif otniarrrrrpurrrrrrrrrrrrruuruwnrrorrrrurrurruurrrrrruu its true and lawful attomey(s )-in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 28th day of April , 1999 CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys -in -fad or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (a) A copy of the powerof- attomey appointment, executed pursuant thereto, and (ii) Certifying that said powerof- attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are We and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation SEAL 50971 1SAEF 7/98 this 21St day of JUNE 1999 R.A. PIERSON, SECRETARY 0 Registered tredsmark of SAFECO CorporatIm. 4MM POF R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys -in -fad or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (a) A copy of the powerof- attomey appointment, executed pursuant thereto, and (ii) Certifying that said powerof- attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are We and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation SEAL 50971 1SAEF 7/98 this 21St day of JUNE 1999 R.A. PIERSON, SECRETARY 0 Registered tredsmark of SAFECO CorporatIm. 4MM POF Ilk PAGE 3 CITY OF NEWPORT BEACH BOND No. 562 73 59 PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION AND SANDCASTLEPTILLER/BLUE KEY P,A_MEMENT OVERLAY CONTRACT NO. 3269 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 OFTEN PERCENT OF THE TOTAL BID PRICE IN-- - - - - -- ------------ Dollars ($10% of Total Bid), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of MACARTHUR BOULEVARD PAVEMENT REHABILITATION AND SANDCASTLE/TILLERIBLUE KEY PAVEMENT OVERLAY, Contract No. 3269 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 27th day of MAY .19 99 ALL AMERICAN ASPHALT Name of Contractor (Principal) SAFECO INSURANCE COMPANY OF AMERICA Name of Surety 4 HUTTON CENTRE DR, SUITE 250 -B SANTA ANA, CA. 92707 • Address of Surety SURETY: 714- 437 -3052 AGENT: 714- 935 -1112 Telephone BID DATE: JUNE 3, 1999 uthorized Si turelTitie � �,n «(�✓� thorized Agent Signature OWEN M. BROWN ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) � )1 o ��_, LU /\ 2 ue"x , a® % /:> cz �oE a,E >F ■ k ke\ E ( & \ ■f y ( § 2 ) Lu ( § / w k \ j § / }{ /OO� r �Z§ �Qci /`@ ƒ @! , 2 = �E !!f ° § k (1: J 3 e|/ 2k �0® °0 E)$§ ��® |Q C.2 0M Eoeo k|� ) \ ) � |2722 # / e04 00 }f§ /2 Ea§ ■ a)0 0) 2 0 ) ) )a= { /}£ «a« , -!CM0x 7 }k� \) \\ \ Q ƒ } }§ 22§��.} 0 ca \0 \ -0 0 / /\ 2 ue"x , a® % /:> \ a,E >F ■ �k» E 2 ) _ / \ Ak r ! , 2 \ J 3 6 \ ) � |2722 # / e04 00 }f§ /2 Ea§ ■ a)0 0) 2 0 ) ) )a= { /}£ «a« , -!CM0x 7 }k� \) \\ \ Q ƒ } }§ 22§��.} 0 ca \0 \ -0 0 / co co Cd \ / § §\ §Zj | §w CD � / ƒ / \ \ R CO § ( 2I cc \; Ir CD FD e ■ ) \/ } \ /\ Do k) ( (/ }§ !T §§ kk /k � 2 ue"x , a® % /:> \ a,E >F ■ �k» Z u2 u \( k Ak co co Cd \ / § §\ §Zj | §w CD � / ƒ / \ \ R CO § ( 2I cc \; Ir CD FD e ■ ) \/ } \ /\ Do k) ( (/ }§ !T §§ kk /k � m F r W +3 O W J i Z W Q a. x W C9 J m: N R a W m F C _3 W ❑❑ < 0 g W W IY W C p V o a 6 3 8 I i F 0 0 M r 0 s J m E LOm 0 N .i L 8 C La 0. m x O y Z s F W if W DE LLI 2 W 8 z co N C D O = �m L2ma � m L m E2mw °c5�m m c ;.r- '� ro� g X a c ES o m � ;EE =Fm; e� moact& o ;,We C y - V $n9 13 a m m m D m C m O N y m 0 C V a x m 230:5Z50= 0 C H pq o m m Q D m m E E z c m 0 y L m o m N O m W F= 2 Co f- �-:rwcc 0 ccu,Sm WmwQ CO��N x3 no e POWER OF ATTORNEY WFECCP KNOW ALL BY THESE PRESENTS: • SAFECD INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 98185 No. 9164 That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation. does hereby appoint ' *'•"a axasu•'•Anna AnOWEN M. BROWN, Anaheim, California•••••••• ••••••• *••• *•••••••••'••••••••• its true and lawful attorney(s) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business. and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 4th CERTIFICATE day of January , 1993 Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President. any Vice President, the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under Other appropriate titles with authority to execute on behalf Of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company. the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking" Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V. Section 13 of the By -Laws. and 00 A copy of the power -of- attorney appointment, executed pursuant thereto. and (iii) Certifying that said power- of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof." I. R. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto. are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set mV hand and affixed the facsimile seal of said corporation this 27th day of MAY 79 99 S- 1300/EP 1/93 0 Registered trademark of SAFECO Corporation CITY OF NEWPORT BEACH paaE to PUBLIC WORKS DEPARTMENT EXECUTED IN FOUR (4) PARTS CONTRACT NO. 3269 BOND NO. 597 50 06 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to All American Asphalt hereinafter designated as the "Principal," a contract for construction of MACARTHUR BOULEVARD PAVEMENT REHABILITATION AND SANDCASTLEMLLER/BLUE KEY PAVEMENT OVERLAY, Contract No. 3269 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or Is about to execute Contract No. 3269 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 fof 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, All American Asphalt duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as 'Surety") are held firmly bound unto the City of Newport Beach, In the sum of Eight Hundred Ninety Four Thousand Five Hundred Twenty One Dollars ($894,521,00), lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal or the Principal's subcontractors, fall to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. El • PAGE 15 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 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 3247 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 or the specifications accompanying the same 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 Band 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 21st day of JUNE '1999, ALL AMERICAN ASPHALT Name of Contractor (Principal) SAFECO INSURANCE COMPANY OF AMERICA Name of Surety 4 HUTMN CENTRE DRIVE, SUITE 250 -B SANTA ANA, CA. 92707 Address of Surety SURETY: 714 -437 -3052 AGENT: 714- 935 -1112 Telephone OWEN M. BROWN, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED M Nd t ,f FI x' W' i O, J� t Y 4 Y M Y. I .. cs ce — ir W H ❑❑ w us Q o m OC N S ao ❑D ❑ �C] ❑D a qOq V 0 i 1 1 1 � N W 0. ITZ wr xb N �c aESs r24m M A � cr GIc' °m 2KOV —pmm 3jEE- �' =ca�a3�Mp� Swr O � O �X y= 8 x 3? /C M} m rn _.r � i `o y � O y a a j N Z U C O N a o R r r � v y E c Y F 2 05 F W ZCD F X Wa V <2d o UC[t"a ot;�g F �r�w 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California n�j ss. County of I�.1 V � R51 'D6 On b �$ beforeme, DF,)VNIS JON�, /Vomy PUBL;0, Date Name and Title of Officer (e.., Vane Doe, Notary Public ") personally appeared DENNIS JONES Commission # 12D6":9d Notary Public - Colifomia £ Riverside County QMVC0mm-EXPM3:t30,2002 Place Notary Seal Above k7personally known to me to be the person(,s'J whose nameW is/,art subscribed to the within instrument and acknowledged to me that hell B /J*61 r executed the same in his4WttJdE1r authorized capacity(ie�t), and that by his />eT /jbdr signature(4 on the instrument the person(R), or the entity upon behalf of which the personal acted, executed the instrument. WITNESS my hand and official seal. �t�tNa- SViad,6 of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document; _ Document Date: A- + Number of Page$: Signer{5) Other Than Named Above: OWeN M.lkowy Capacity(ieo Claimed by Signer Signer's Name: RsaPLT 5)RAq t.PrY ❑ Individual To - 2l Corporate Officer — TitleK: CI Partner — Q Limited C Gen ❑ Attorney in Fact ❑ Trustee C7 Guardian or Conservator El Other: Vi 66 / QeSf pr y% p of [numb mere eral Signer Is Representing: J Lt. f Q AA! A.S'/l _ I� C 1997 National Notary Association • 9350 De Soto Ave.. P.O. Sox 2402 • Chatsworth, CA 91313 -2402 Prod, No. 5907 Reorder. Call Toll-Free 1.800.876 -6827 .r ,b Recorded in the County of Orange, California Gary L Granville, Clerk /Recorder RECORDING REQUESTED BY AND IIIIIIII�IIIIIIIIIIIillllll�llll No Fee WHEN RECORDED RETURN TO: 20000022861 9:13AM 01/13/00 004 00026547 115 46 City Clerk 0000 0100 0.00 0.00 0.00 0.00 0.00 0.00 City of Newport Beach Doc Types: 015 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt rom reco ing fees pursuant to Government Code Section 6103" j NOTICE OF COMPLETION I NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and All American Asphalt, of Corona, California, as Contractor, entered into a Contract on June 14, 1999. Said Contract set forth certain improvements, as follows: MacArthur Boulevard Pavement Rehabilitation and Sandcastle/Tiller /Blue Key Pavement Overlay, C -3269 Work on said Contract was completed on October 6, 1999, and was found to be acceptable on Janaury 11, 2000, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Safeco Insurance Company of America. M PUblrcWorks Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on /Q CCC at Newport Beach, California. J / BY vo a°RT B City Clerk IAAORw LJ RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 COFORMED COPY Not compared with Original Recorded in the County of Orange, California Gary L Granville, Clerk /Recorder No Fee 20000022861 9:13AM 01/13/00 004 00026547 115 46 015 01 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Doc Types: 015 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and All American Asphalt, of Corona, California, as Contractor, entered into a Contract on June 14, 1999. Said Contract set forth certain improvements, as follows: MacArthur Boulevard Pavement Rehabilitation and Sandcastleffiller /Blue Key Pavement Overlay, C -3269 Work on said Contract was completed on October 6, 1999, and was found to be acceptable on Janaury 11, 2000, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Safeco Insurance Company of America. Pubes Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on tia,,tta, t / at Newport Beach, California. BY W;OORT City Clerk �`r, TO: FROM: SUBJECT: January 11, 2000 CITY COUNCIL AGENDA ITEM NO. 8 Fly- i I Mayor and Members of the City Council L: Public Works Department MACARTHUR BOULEVARD PAVEMENT itEHAB16TAT1014 --AND' SANDCASTLE/TILLER/BLUE KEY PAVEMENT OVERLAY, CONTRACT NO. 3269 - COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. • 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 6 months after Council acceptance. DISCUSSION: On June 14, 1999, the City Council authorized the award of the MacArthur Boulevard Pavement Rehabilitation and Sandcastle/Tiller /Blue Key Pavement Overlay, Contract No. 3269 to All American Asphalt of Corona, California. The contract provided for the removal of deteriorated asphalt concrete and replacement with a 2 -inch asphalt concrete overlay on MacArthur Boulevard from Jamboree Road to Campus Drive and a 2 -inch overlay on Sandcastle Drive, Tiller Way and Blue Key. The overall paving consisted of rehabilitating a total of 10 lane miles. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $894,521.00 Actual amount of bid items constructed: 878,745.33 Total amount of change orders: 2,739.00 Final contract cost: $881,484.33 SUBJECT: MacArthur Boulevard Dement Rehabilitation and Sandcastlelriller /Blue Key0ement Overlay, Contract No. 3269 - Completion And Acceptance January 11, 2000 Page 2 A total of 2 change orders were issued to complete the project. They were as follows: 1. A change order in the amount of $2,134.00 provided for the wiring of traffic signal loops. 2. A change order in the amount of $605.00 provided for an intersection striping modification. The decrease in the amount of actual bid items constructed over the original bid amount resulted from the placement of less asphalt concrete tonnage than estimated in bid item quantities. The final construction cost, including change orders, was 1.5% under the original bid amount. Funds for the project were budgeted in the following account: Description Account No. Amount Gas Tax Sandcastle/Tiller /Blue Key Overlay) 7181- C5100463 $348,986.24 Gas Tax MacArthur Boulevard Rehabilitation 7181- C5100464 $532,498.09 All work, with the exception of minor punch list items, was completed on October 6, 1999, the scheduled completion date. Respectfully sub i ed, PUBLIC WORKS DEPARTMENT Don Webb, Director Horst Hlawaty, P.E. Construction Engineer I f: \users\pbw\shamd\ council \fy99- 001anuary- 11Macarthur c- 3269.doc 1] • • ► CITY CLERK rw cj cc �liy�Yi CITY OF NEWPORT BEACH NOTICE INVITING BIDS PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 3rd day of June. 1999, at which time such bids shall be opened and read for MACARTHUR BOULEVARD PAVEMENT REHABILITATION AND SANDCASTLE/TILLER/BLUE KEY PAVEMENT OVERLAY Title of Project Contract No. 3269 $1.000.000 Engineer's Estimate Approved by on Webb Public Works Director Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Fong Tse, Project Manager at (949) 644 -3340. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION AND SANDCASTLEITILLER/BLUE KEY PAVEMENT OVERLAY CONTRACT NO. 3269 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................1 BIDDER'S BOND ............................................................................... ..............................3 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................4 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................5 NON-COLLUSION AFFIDAVIT .......................................................... ..............................6 NOTICE TO SUCCESSFUL BIDDER ............................................... ..............................7 CONTRACT...................................................................................... ..............................8 LABOR AND MATERIALS BOND_._.__ .... 14 FAITHFUL PERFORMANCE BOND ................................................ .............................16 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 CORE DATA .................................................... ............................... APPENDIX 0 PAGE 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION AND SAN DCASTLE/TILLER/BLUE KEY PAVEMENT OVERLAY CONTRACT NO. 3269 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 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. PAGE 2 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 in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. #aian o-7,3 , A Contractors License No. & Classification Authorized Signature/Title s � 4 1999 Date R ) ( � \ ■ ■ j § 0 ) ) j 3 J 3 }� ]� ) � co CL &!Q2 {:fƒ J *])0$ /%t *1_» /IE =e {■\ƒ4)2\� / )§aJ)�E.0 / 7�� ` ■ » —. E§ _ f��� \ \�\ Co *$ pf } }\ L; \ Lt f \ /\ 7 } m 2\� .b !§ ( 22o»\ —` {2I2'xom \�a O � \j [ ,§, &§� k \ \ {\, | } \)) {£) 2 \(D { \)a: 2 / o£ /( i( co \§W "§ & }�0 �k§ |\ |§ \ {� cr ( W ) § 0 {r uj � \\ ( |) /§ !/ §§ 7| J/ �) ,! cr�,� °■ « FAZ Em `� �Z 0 �® . �.0 � � §; k §�2 C.4 e !!; § o G r § ■|!f \)#EO; 2 ME§ 5lk |# �) Lu LU k /2 > 0cr mss/ !!!»)k ■.,, w cc 3 %:E cr � ®» E�00 LU l28 El §w C.3 ;E O11 OO § ) ( � \ ■ ■ j § 0 ) ) j 3 J 3 }� ]� ) � co CL &!Q2 {:fƒ J *])0$ /%t *1_» /IE =e {■\ƒ4)2\� / )§aJ)�E.0 / 7�� ` ■ » —. E§ _ f��� \ \�\ Co *$ pf } }\ L; \ Lt f \ /\ 7 } m 2\� .b !§ ( 22o»\ —` {2I2'xom \�a O � \j [ ,§, &§� k \ \ {\, | } \)) {£) 2 \(D { \)a: 2 / o£ /( i( co \§W "§ & }�0 �k§ |\ |§ \ {� cr ( W ) § 0 {r uj � \\ ( |) /§ !/ §§ 7| J/ �) PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION AND SANDCASTLEITILLER /BLUE KEY PAVEMENT OVERLAY CONTRACT NO. 3269 DESIGNATION OF SUBCONTRACTOR(SI State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Soecifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. 1. 2. 3. 4. 5. Subcontract Work Subcontractor Address 7. 8. 9. 10. AU �t�► ,AST+ _��� -�� Vioe P.���.evt�f' Bidder Authorized Signatureffitl PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION AND SANDCASTLE/TILLER /BLUE KEY PAVEMENT OVERLAY CONTRACT NO. 3269 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year Project Completed Name /Agency Pu�� �._ G}�r►�s Person Telephone To Contact Number u.una D6 ve Authorized SignaturelTitle tj CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION AND SAN DCASTLEITILLER/BLUE KEY PAVEMENT OVERLAY CONTRACT NO. 3269 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of ki s dp) PAGE 6 p1 e being first duly sworn, deposes and says that he or she is f:> PvwSidAn Y of R1 Arutvrri Ktt4 oVYi -lt , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Bidder Authorized Signature/Titl Subscribed and sworn to before me this //L day of , : -.< -.- c •:. DONNATHORNE s. commission # 13b0511 [SEAL : f ;r- Notary Public- California Riverside Cou dy Fi L�/'JI/Y1,Q. C`G `.'....•, MyCanm.6¢'res Nov 11,�"',; . Notary Public My Commission Expires: 0 • PAGE 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION AND SANDCASTLE/TILLERIBLUE KEY PAVEMENT OVERLAY CONTRACT NO. 3269 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt Notice of Award to the successful bidder: • CONTRACT • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND • CERTIFICATE(S) OF INSURANCE • GENERAL LIABILITY INSURANCE ENDORSEMENT • AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 0 PAGE 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION AND SANDCASTLE/TILLER/BLUE KEY PAVEMENT OVERLAY CONTRACT NO. 3269 CONTRACT THIS AGREEMENT, entered into this 14th day of June, 1999, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and All American Asphalt, hereinafter "Contractor,' is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: MACARTHUR BOULEVARD PAVEMENT REHABILITATION AND SANDCASTLE/TILLER/BLUE KEY PAVEMENT OVERLAY Project Description 3269 Contract No. WHEREAS, 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, City and Contractor agree as follows: A. 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, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3269, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). 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. B. 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 Contracl Documents as being necessary to produce the intended results. 0 PAGE C. COMPENSATION 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 Eight Hundred Ninety Four Thousand Five Hundred Twenty One Dollars ($894,521.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (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, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Fong Tse (949) 644 -3340 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: All American Asphalt PO Box 2229 Corona, CA 91718 -2229 909 - 736 -7600 Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that PAGE 10 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. PAGE 11 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract PAGE 12 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non- Comoliance City shall have the right to offer the Contractor to stop Work under this Agreement and /or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 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 the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole or active negligence or willful misconduct of City, its officers or employees. 4. 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. 5. Nothing in this article, nor 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 in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 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. Page 13 CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. 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. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. APP RPVERAS TO FORM: CITY ATTO NEY CITY OF NEWPORT BEACH A Municip orporation By. . Dennis D. O'Neil, Mayor ALL AMERICAN ASPHALT By: PreSiAeO Authorized Signature &/agI99 f:Wsers\pbw \shared \contracts \99Macarthur & sandcastle 03269 \03269 contract.doc 06/07/99 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 7� County of RI VET25 /DE ss. On � /17 before me, I ormyi 5 LJoN65. NOTARY T'40w C Dat _ _ Name and Title of officer .g., "Jane Doe, Notary Public') personally appeared DENNIS JONES zaCommission # 120OD94 Notary Public - California Riverside County MyComn lOct3D.2002 Place Notary Seal Above X personally known to me r'1 L slAdenee to be the person(s) whose name(B) is/ar8 subscribed to the within instrument and acknowledged to me that he /shr;/1154 executed the same in hisjh* /tkefr authorized capacity(ieS), and that by his /peF4WIr signature(s) on the instrument the personal, or the entity upon behalf of which the personaaf acted, executed the instrument. WITNESS my hand and official seal. Sigh.016 of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons 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: GoAaYA_tl ir Document Date: l0lagA9 Number of Paget'! PA_rU . 13 . Signer(s) Other Than Named Above: CapacityOW Signer's Name: ❑ Individual 9 Corporate O ❑ Partner — ❑ ❑ Attorney in F ❑ Trustee ❑ Guardian or ❑ Other: Claimed by Signer Ro i;,;-r,_T SFAD t 9Y Ififfimm Top of thumb here fficer — Title(: Vlt*F pi2E- �iDF.vT Limited ❑ General act Conservator Signer Is Representing: _AV,__ s P-1 Q ,j Asem (.T u ® 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatswonh. CA 91313.2402 Plod. No. 5907 Reorder: Call To l -Free 1-800- 8766827 w. JUL -02 -99 FRI 08:30 AM OUL- 01- SR•THU 02:58 PM loco INS FAX N0, FAX N0, 71410214 P. 02 P. 01104 OPTIMUM 123410/ DIM hj P"�{o THIS CERTIFICATE 16 IS&UED AS A MATTER OF INFORMATION Cabo Inc Irekors 1 Aient HOLDER. THIS CE TIFICATE DOES NOT EXRTET1D OR Lie. Yo. U2$770 ALTER THE COVERA AKiORDED BY TOM POLICIES BELOW. COMPANIES AlOPOR INOCID V6RA0E 000 city ROY Nest $9001504 ccM'ANT Dren4e CA 03aca -2040 0141 0;1- 1820._.. ` -. ._. ...a. ..__, ._ .. A RAI InswrNtpa c9:PAP�_ —.._. At I American ArphKlt 0 Hartford Inwraba. $nub ,r CWPFNY P.D. 4aK 1123 Corona, CA 01111.2[YE g treat A4erlaan IMurbaca Oe COMPANY D,,, ixl�xdAD,marlac J 3::i['! ,_Y. i''.•ykV ^r.w'.'!.^n•i b[]iJU4•'.S::J,T .:� li+rv. ..TT.TR 1'MNI.R:::�:.�\^.41: YI'Fi :�".;. ' 1 PIICA' IRD,NOTWTNOTANNOOINRLANYREOIUOR, MTTERMORCCOONDTONOFANYCONTRACTTOAOTEHPAD000MOENTWTNRRa PECYTOWNICHTk6 CERTIFICATE MAYBE (OWED OR MAYPERTABA, THEINOUIIANCG AFFORD4D BY YNE POLICIEBDE5CAIBED HtOEINHi 11UEJECT TO ALL THE TERMS, CAUOIONO AND CONOIP.ON6 0P BUCN POLIDIHO. UMTS H WN MAV HA1K BEEN VCPD BY PAID O4AIMD. ,,, „•, „ M4pP WatwANo4 POIJOT MUM4O1 eDUL•f teROTIYt ►OUCTOIPRAM LWITa Lill DATA D'tImD1Yr) DATEimvimvy) A 44MUAi.{.I4pI RIAOW1DAe Swiss alai /Go GMPN. AMMUTS 0 3,000,000 GNNtgClAt DEM9l+L LN0411T AW'L INUMN APPLI {S moWCis•COMP /IX' A4G C 1,000 No MgONAL L ADY [WAY CLAIM$ MAGI! OCCW Pon tworatE1UT 0 I,No DU _ OWN3R0 A CUNTRACtow. PROT estate 4111115) A7TACIRD. [AGM DCCUIIREMCC d I, ppp,p01I N NCV —.P EIRE 0M1A0t (Ap DM 74rp) f YA, 000 •. p xea to µay a , F ) t As AUfOMO444LUwrrr 12U1WLLW411 5161101 010110$ C01141NE0 OIxOLC uuv A M ANY AUTO ADDITIONAL IMaWAU • „�_ 1)OCD D` ALL V K'N AC AUTOS {tODa11EMltdT AITACNED. aODIL_ Y INJURY $DRWLED Au109 (Pat person) t P HMO Auto$ BODLY —'"Ay -• I y NdWOWpkO AUT04 (rN acc”' K JIL940 Bad. PpcprpfY DAMAOF 5 7 DAOa0twe2Arr N110 OILY • 4A AMIDENT A ANY AVID NIA I onn IRAN AUTO CRY: • —� � � ... - -_ EACH AWCONT c C RCU4LIARLIIY 1UU3144014 aloft" atoll" [ACS OCCWJMA(CE _ I 1p,pppt600 i _. , 10,000.0$0 y MRELLA MW AG6r UYE ... OII *R fIMN uMBREl' -A PCAM A p 1^041WaCOrWUTtDN AND COpa"4001 Ol01iW 11/101 t98 IT �„ OMLOYIAa'lIA11AR1 Oommi OP N,ORDMATIaN ^, EL EACH ACCIDENT •__, A 1`0P0�000 IHE NV0, tT01V INCL 4 PROMIlArLVnvD krPL1t11 PG KAURT ENDT I [L DIXASEPOW'CY LIMIT 5 1,066,00,0 R DIeCASElA EMPLOYCE CMICEA$ AK: DIOL PORN NIC11,1111486 ►TTA 1 I, DTN►A Nil air OID AAOA A r PE; YeaarAWr 1a0eYara Pbemaht RDMNIIMUa end 0. 410E b/ TlIIOr /Blob Kay Pecaunt Overlay, Centrist No, 1360, OI,IIa,a +tb,Aav,L,dul q I ^T l�:.ur�:t ,k'dac.rl •w c,, �r111 .v{ :c3 �. •.'^M{ ', •_. a ,!•rb Y!. .'am .. .... ,''I',:.A +.- �:. .. %•RtiJ.1.An'::YP"k•A: �'3tiG�v.A;Y.?5' CHOMP ANY Of TM MOW bld"11415 POLI06a 2$ DANUO41D SAPONS IN City of Seaport Rewh UPMATON PAYE IMOILDP, 1111 tUINNO VIMANY WLL 110MEM1XIXML Pwb)Ia Warts Dep4rlDant 30 OF" W1RRM MDTWK To THE D wun 0161.0411 MAMCD m TNt I.9r, Foal TD6.0,1.. AA.In Ww ase 3111AlIfLOkI111Mt #latlIIOYGSSSI�IWat�WAy 2300 Nealert Ord cRp P.O. am 1100 A r 1. we art peach. CA note -1'100 / . 00]011 :i ! "I 't: „ 1(1 t `4Lh'A' 11 J.• • •• ! 1 1'. v ry �.� �, '�Sl�� ,a.?';"1''i:)..i�`iL%�i,4c itc'ir��i';�' �s:%< �?: t `�:`2�:?;?'.`r�'I,1'�Vr��tr'tC- �iPa'�•`zi�j•� �, OPTIMUM 123410/ DIM JUL -02 -99 FRI 08:31 AM JUL-01- 99•THU 02159 PM ow INS POLICY NUMBER: RL00001956 INSURED: All American Asphalt FAX N0. P. 03 FAX N0. 714214 P, 02/04 COMMERCIAL GENERAL LIABILITY EFFECTIVE: 8101/98 THIS FIdDORSEI ENT CHANGES THIS POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies Insurance provided under" following: CONAmSOCV -, GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Any person, Organization, Partnership or Joint Venture, only if you hay* previously entered into a contract with such party In which a states thgtSuch party shall be an Additional Inaured. City of Newport Beach. We st*clad officials, officers, agents, and employees , voluntsex s Public Works Department Fong Tse, P.E. - Admin. Manager ,a,,,, 3300 Newport Skid. PO Box 1756 NeWporl Seach, CA 9285G-J768 RE: MacArthur Blvd. Pavement Rehabilitation and Sandcastle /Tiller/ Blue Key pavement Overlay, Gor0act#3269 (if no ent- - -eare above. Information reeuired to comoletethis endolsementwill be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section li) b emended to Induds as an insured She person or organlzstion shown in the Schedule, but only with respect to liability arlsing out of "your work" for that Insured by or for you. Thie 11VIUMnce shall apply as primary insurance as respects any Person, Organization. Partnership or Joint Venture narne,d above, and any other insuranco available to such Person, Organb ilon, Partnership or Joint Venture shall be excess and not cof tritnrtory with the insurance afforded by this policy. CO20 to 11 $5 ®Copyright, Insurance Sernees Office, Inc., 1984 *MWrW *" w, JUL -02 -99 FRI 08:32 AM JUL -01 -99 THU 02;59 FM * INS POL%cy 9VMDC1! : 72BENGR5491 INSDMI All American Asphalt FAX N0, P, 04 FAX N0, 714*14 F. 03/04 EPFICTZVai a /41/98 sx. TH9 "DCRmim CHMIMES THS nucY. PLU . RgAD R CAREMI.LY. ADDITIONAL INSURED AND RIGHTS OF RECOVERY AGAINST OTHERS TU ondaroWwK =on In ww= povlded unWjha folbwinpt SUSINM AM COVeMax FOAM A Any IM0M or aegeW=W wham you art Mond by wane, to nama as addti or4 Inmeed is W1 neared' for UAN6 COVERAW bW or* b the nova y td peiaan or orW z Son quiese ae an -h"W under Ae WHO IS AN IN IJMW povWmn at Sedw II • UASOM CCV9,:i,GE. 8, K COMM F PoGHT5 CO RECO FAY AGAINST CNMRS TO LIMB a of don, the pplladla. bla. City 09 Newport scaeh, its elected officials, officials{ officers, agents and *•. employees, voiunteort Public Works Departmeat Fong TSS, P.R. - Admin. Manager 3300 Newport Blvd. PC Box 1169 Newport Beach. CA 92659 -1766 RE. MacArthur DLvd. P+avnment Rehabilitation and Sandcaatle / Tiller/ bluo Key Pavement overlay, Contract #3269 ,w. F M RA 22 '511 S; =-. r..sc JUL -02 -99 FRI 08:32 AM JUL -01 -99 THU 0259 PH I-�IH ' EWC-00-04-86 WOttML+CONEEJW TON ANDEMRMVEN uAatuvrWeunAWErou0r BLAMT WAVER OF OUR R1G9T TO RECOVER We have the right to recover our paymonta from anyone liable for an injury covered by this policy. Ta ceusideration of additional premium, we will not enforce our right against the person or organization for whom you agreed to obtain a waiver of subrogation. This endorsement applies only to the extent that you perform work under a written contract that requires you to obtain a waives of subragation from us, and that the contract was wade before an injury to which this policy applies. This endorsement stall operate directly or indirectly to benefit anyone With whom you do not have a writtea contract, that requires you to obtain a waiver of subrogation. The premium charge for thin endorsement is 1% of the California workers' aompensatiea final premium subject to a minimum premium of $1,000. This endomament dangeo the policy to which R Is aaached and to eflecdve an the data issued unless othemise staled. ( Theinlannellonbakwbro* edonlywhengdsaedcrssnwtisIssuedsubsequentbpt W4011 dN11000 .ww Endomen ont t;Nocdve 09/0111999 Pa cy No. =99901 Im nood All Ameiieen Asphmlt 1'%% Countetalgned by _ INSUPED COPY Endamoment No, 17 DatoHntod 01/19/1999 FAX N0. P. 05 W0 INS FAX N0. 7148214 P. 04/04 ' EWC-00-04-86 WOttML+CONEEJW TON ANDEMRMVEN uAatuvrWeunAWErou0r BLAMT WAVER OF OUR R1G9T TO RECOVER We have the right to recover our paymonta from anyone liable for an injury covered by this policy. Ta ceusideration of additional premium, we will not enforce our right against the person or organization for whom you agreed to obtain a waiver of subrogation. This endorsement applies only to the extent that you perform work under a written contract that requires you to obtain a waives of subragation from us, and that the contract was wade before an injury to which this policy applies. This endorsement stall operate directly or indirectly to benefit anyone With whom you do not have a writtea contract, that requires you to obtain a waiver of subrogation. The premium charge for thin endorsement is 1% of the California workers' aompensatiea final premium subject to a minimum premium of $1,000. This endomament dangeo the policy to which R Is aaached and to eflecdve an the data issued unless othemise staled. ( Theinlannellonbakwbro* edonlywhengdsaedcrssnwtisIssuedsubsequentbpt W4011 dN11000 .ww Endomen ont t;Nocdve 09/0111999 Pa cy No. =99901 Im nood All Ameiieen Asphmlt 1'%% Countetalgned by _ INSUPED COPY Endamoment No, 17 DatoHntod 01/19/1999 JUL -02 -99 FRI 08:30 AM FAX N0, P. 01 KCAL- SURANCE ------------------------------ COMMERCIAL DEPARTMENT FAX COVER SHEET DATE: 71211999 TIME: 8:24 A.M. TOTAL NO. OF PAGES INCLUDING COVER (5 ) TO FROM -------------------------------------------------------------- FAX NO,: (949)6443305 FAX NO.: (714)939 -1654 COMPANY: City of Newport Beach SENDER: Celia James ATTENTION: Shauna Oyler PHONE NO.: (714)940 -6628 ------------------------------------------------`-------------- RE: Certificate of Insurance - AII American Asphalt Dear Shauna; As indicated to you on our telephone conversation, the attached documents satisfied all the requirements for the above-coptioned contractor. Should you have any questions with regards to this certificate, feel free to give me a call. Thank you. Celia 333 C;ty 8ouluvurd Wcm, Ormogc, CA 92808 • C.O. Bo: 7068, Onuea, CA 92803.7040 - 7I4- 739 -D800 - 714-999 -1954 JUN -30 -99 WED 09:36 AM FAX N0, • KCAL- SURANCE COMMERCIAL DEPARTMENT FAX COVER SHEET ------------------------------------------------ DATE: 613 0119 99 TIME: 9:18 A.M. TOTAL NO. OF PAGES INCLUDING COVER (6 ) TO FROM P. 01 -------------------------------------------------------------- FAX NO.: (949)644 -3318 FAX NO.: (714)939.1654 COMPANY: City of Newport Beach SENDER: Celia James ATTENTION: Shauna Oyler PHONE NO.: (714)940 -6828 -------------------------------------------------------------- RE: Certificate of Insurance All American Asphalt Dear Shauna: Enclosed Is the checked certificate on All American Asphalt. Please note the additional information needed to meet the requirement. 1) On the General Liability - the Additional Insured should include the Volunteers. 2) On the Automobile Liability - need the Additional Insured Endorsement with the Primary and Non - Contributory wording on it. Also need to know the limits for the Uninsured Motorists, Should you have any questions with regards to this certificate, feel free to give me a call. Thank you. Celia l! \ v 333 City I3uulevurd West, Orange. CA 92868 • P.O. 11ox 7048, Orange, CA 9280-7048 • 714 -939 -0800 - 714.939.1654 JUN -30 -99 WED 09;36 AM FAX N0, P. 02 9 0 CAL- SURANCE CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. DATE RECEIVED: OG �lF �M DEPARTMENTICONTACC RECEIVED FROM: SHNU��� BATE COMPLETED:_Q� SENT TO: �Y�A�I�II% COMPANY/PERSON REQUIRED TO HAVE CERTIFICATE: Ali( AMERA. -9W ASPHALT GENERAL. LIABILITY: A. INSURANCECOMPANY:__gkl LAMS it?fJwC:� B. AM BEST RATING (A VII or greater): Q: IX C. ADMITTED COMPANY: ( Must be California Admitted) Is company admitted in California? Ycs ✓ No- D. LIMITS: (Must be S1,000,000 or greater) What iS limit provided? �i Or _0,Q E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) 4s it included'? Yes No F. ADDITIONAL INSURDED WORDING TO INCLUDE: ( The City its officers, agents, officials, employees and volunteers) Is it included? Yes_ No W PPA4WIEMS G. PRIMARY AND NON CONTRll3UI'ORY WORDING: (Must W included) Is it included? Yes ✓ No_ H. CAUTION! ( Confirm that lass or liability of the Named insured is not limited solely by their negligence.) Does endorsement include "solely by negligence" wording'? Yes No ✓ I. .NOTIFICATION OF CANCELLATION: Althodgli there is a provision that requires notification of cancellation I certified mail; per Lauren Farley the City will accept the endeavor wording. 11. AUTOMOBQ.E LIABILITY A. INSURANCE COMPANY: HA FO B. AM BEST RATING (A VII or greater): C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Yes ✓ No D. LIMITS: ( Must be S 1 000,000 minimum BI & PD and $500,000 UM) What is limits provided? l 00 ___. E. ADDITIONAL INSURED WORDING TO INCLUDE: (The City its officers ,agents. officials, employees and volunteers), fs it included'? Yes _ No Y. NO IJDD/f /OIVAL IA)SNAW ON A417Z)) F. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included). Is it included'? Yes_ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation 1 certified mail: per Lauren Faricy the City will accept the endeavor wording. III. WORKERS COMPENSATION: A. INSURANCE COMPANY: kIH HM�Rl�fi B. AM BEST RATING (A VlI or grcater)�- C. LIMITS. Statutory D. WAVIER OF SUBROGATION: (To include). Is it included'? Yes ✓ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes No IF NO, WHICH ITEMS NEED TO BE COMPLETED? oA1 jiK GficJ�h PA) 9j4T0,40jkf Ns0IM". RtSO AIft7 [JP1PSjjAfp MoTG�tlSTs • CITY OF NEWPORT BEACH• PUBLIC WORKS DEPARTMENT PROPOSAL MACARTHUR BOULEVARD REHABILITATION AND SAN DCASTLE/TILLER/BLUE KEY OVERLAY CONTRACT NO. 3269 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: Page PR -1 The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and perform all work required to complete Contract No. 3269 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Items # 1 through 18 are for the MacArthur Boulevard portion of project. 1. Lump Sum Mob rV I AJ �jlt5)"Doiliization ��p @ llars and tJo Cents $ J9t' Per Lump Sum 2. Lump Sum Clearing and Grubbing @ �okl�`oUND Dollars and PO Cents $ Per Lump Sum 3. Lump Sum Traffic Control @ ONE d145A"PDollars and /�o Cents $ n Al Per Lump Sum • • Page PR -2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Surveying Service @ r/& �, Dollars and No Cents $ Per Lump Sum 5. 53,000 S.Y. Variable Thickness Cold Mill and Disposal of A.C. Pavement @ 4/A r- Dollars and %wnmr Bents $ /. 2 $ 63,6 — Per Square Yard 6. 2,300 C.Y. Unclassified Excavation and A.C. Removal Y @ ( Dollars l Ely-Cents and Per Cubic Yard 7. 58,500 S.Y. Provide and Install Pavement Re- inforcing Fabric @ Ale Dollars and Cents $ • 59 $ 33 3 Per Square Yard 8. 10,000 Tons Construct 2" Thick A.C. Pavement Course and Leveling Course @ 1 W>r./T'Y 6166bY Dollars and SEVA,�Y VE Cents $ 6 Per Ton 9. 4,400 Tons Construct 12" A.C. Pavement Section Dollars and SeV617-y r7-vE Cents $ 15 $ l a d Per Ton 10. 400 L.F. Remove and Replace Existing P.C.C. Curb and Gutter @ /f 2 Dollars ,��// and A0 Cents $ 3A�._ $ 1A Per Linear Foot Page PR -3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11 12. 13. 14 15. 16. 20 Each Adjust Manhole Frames and Covers to Grade )l�' @ 1>Wnl� �� Dollars and /U6 Cents Per Each 16 Each Adjust Water Valve Frame and Cover to Grade �,y �j C WllipLi7 574 l ' D* rs and A%° Cents Per Each $JqjK.- $ 3g 39 Each Adjust IRWD Water Valve Frame and Cover to Grade (al��� �/p b S /X� V rs and ND Cents $ 1// —5-- Per Each 3 Each Adjust Monitoring Well to Grade T`D lars and Cents Per Each 90 Each Install Traffic Signal Detector Loop @ AAPtP ears and Cents Per Each Lump Sum Install Traffic Striping, Markings, Markers, Etc. Tire^1►'YYiMKSir� �/ Dollars and AL, Cents Per Lump Sum $ 165.- $ �f5.- $ 75 s • Page PR -4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 17. Lump Sum Install Crack Sealant Type "C" @ S/ � / 'awjg?A)V Dollars and A14 _Cents Per Lump Sum 18. 6 Each Install W41-3 Sign and Post @ U�`o ., l7X0 r t7ollars and AJO Cents Per Each TOTAL PRICE FOR ITEMS 1 TO 18 IN WRITTEN WORDS J!X lT04R.19n 51xry C w� uSU/D Dollars and A)6 -Cents F, mO WE, / /i $ �69 , Total Pri e f r Items 1 to 18 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Items # 19 through 27 are for Sandcastle/7iller /Blue Key /Seacrest portion of project. 19. Lump Sum Mobilization 5CW7,J Tt}o U,S'wD @ Two Atmopt-w FiMYDollars and ND Cents Per Lump Sum 20. Lump Sum Traffic Control �✓)\r6 f TK R5AA)0 p& nrry @i SEVFiv) W Dolldrs and N6 Cents Per Lump Sum ' Page PR -5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 21. 13,000 S.Y. Variable Thickness Cold Mill and Disposal of A.C. Pavement @ e,v F Dollars and 5/X Cents $ 6 $ Per Square Yard 22. 38,700 S.Y. Provide and Install Pavement Re- inforcing Fabric @ /Vo Dollars and g h Cents $ .,9 $ Per Square Yard 23. 5,000 Tons Construct 2" Thick A.C. Pavement Overlay @ T{�i-//Z/ 7 Dollars and iJ o Cents $ 3.0— $ Per Ton 24. 400 L.F. Remove and Replace Existing P.C.C. Curb and Gutter 25. 26. –� c @mil )-1-) ('– rLtE!9� Dollars 33. — 13� W � and No Cents $ $ Per Linear Foot 38 Each Adjust Manhole Frames and Covers to Grade @ dJ6-&Wky9 ` "l4ollars and Ale) Cents $ Per Each 65 Each Adjust Water Valve Frame and Cover to Grade @ l�i/'Qp#Si fors and AJo Cents Per Each $ �- $ 5 Page PR -6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 27. Lump Sum Install Traffic Striping, Markings, Etc. 7'wv THsasr.vp @ �.����ha• �n r/>(ollars and k)e, Cents Per Lump Sum TOTAL PRICE FOR ITEMS 19 TO 27 IN WRITTEN WORDS o R� r# � Ywo T,Yoa.4o W jvaf / NnAr n Yw6kIY oAEDollars and /lea Cents TOTAL PROJECT PRICE IN WRITTEN WORDS Oi6H -/� 2P-a Vl v�Y �ouri7{rous� ej'uFA&A&gQ A)fM ov6 Dollars and No Cents Total Price for Items 19 to 27 ItT ao ao Project Price Bidders Address • Bidder's Telephone Number �010)731, -7&00 Contractor's License No. & Classification �61&7c) Z3. L} Date Authorized Signature & TWer 0 0 10 0 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: MACARTHUR BOULEVARD PAVEMENT SAN DCASTLE/TILLER/BLUE KEY PAVEMENT NO. 3269 - AWARD OF CONTRACT RECOMMENDATIONS: Approve the plans and specifications. (33) C -3J�C) June 14, 1999 CITY COUNCIL AGENDA ITEM RVQ " �z :n_ JUN REHAB ILTTATUIq— "ANDr -- - -- OVERLAY. CONTRACT 2. Award Contract No. 3269 to All American Asphalt for the Total Bid Price of $894,521.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $89,000 to cover the cost of materials testing and unforeseen work. DISCUSSION: At 11:00 A.M on June 3, 1999, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low All American Asphalt of Corona $894,521.00 2 Griffith Company of Santa Ana $938,226.00 3 R.J. Noble Company of Orange $978,381.96 4 Sequel Contractors, Inc. of Downey $978,888.00 The low total bid amount is 11% below the Engineer's Estimate of $1,000,000. The low bidder, All American Asphalt, possesses a General Engineering Contractor's "A" License as required by the project specifications. All American has satisfactorily completed similar asphalt concrete improvement projects for the City. A consultant firm prepared the project plans and specifications. This project provides for the cold milling of asphalt concrete pavement; removal of pavement material; installation of pavement reinforcing fabric; placement of asphalt concrete; replacement of traffic signal detector loops; and the installation of new traffic striping and pavement markers. SUBJECT: MacArthur Boulevard Ptent Rehabilitation and Sandcastle/Tiller /Blue Key P•ment Overlay, Contract No. 3269 — Award of Contract June 14, 1999 Page: 2 Since the City of Irvine and the Irvine Ranch Water District own facilities within the project limits, the City of Irvine will be invoiced for $6,827 and the Irvine Ranch Water District will be invoiced for $6,435 for the work on their respective facilities after the construction has been completed. The reimbursed amounts will then be placed in the City Gas Tax Fund. To minimize inconvenience to the public, All American Asphalt will be allowed to close no more than 1 traffic lane in each direction before 9:00 a.m. and after 3:00 p.m. The Contractor cannot remove more pavement than he can re -pave on any one day. All work must be completed within 30 consecutive working days. There are sufficient funds in the following accounts for the work: Account Number Account Description 7181- C5100463 Gas Tax (Sandcastle/Tiller /Blue Key Overlay) 7181- C5100464 Gas Tax (MacArthur Boulevard Rehabilitation) Respectfully sub Led, W P ORKS DEPARTMENT Don Webb, Director ad Fong se, P.E. Project Engineer Attachments: Project Location Maps Bid Summary F: \Users\PBW\Shared\ COUNCIL \FY96- 99Uune-14 \MacArthur - Sandcastle C- 3269.doc Amount $393,521 $590,000 Total: $983,521 0 i� 0 0 0 0 H 2Z U W Q W C M H d uj to OO a W Y Z 0 3 O U U j a aW O Q O D w 2 ~ U O w wd _mwY Y C m W O M U 0 U Z FW- Q O Iy U c O Io m m N d O 0 O E > o w m o W a � T p O y O Z � h N O E nl u a N °m c rc A w . d M W > O m t 0 w ZZ Z W § wU �OZK �c>wa 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o d 000 000 00 00 0 00 000 00 0 q 0 00 o cu 000 O O O O o of roo r oa O aO o O o (O vi vio �[] ap 00 O N rN 00 0 0 0 O ado N 0<c O d uir�o? 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N F> a a U rc a c c N N tp I 2 L 0 MACARTHUR BOULEVARD REHABILITATION 1p OQ� JAGS J� 9� P NOT O SCALE QJ y��� L 4 z Q� Qy N m r� f 2 fn N ORT P Q OR m C epsro eo�0 B,�,sro ov S � �o�`` C k9� C DR SLA S;14 n,� LOCATION MAP EXHIBIT A SANDCASTLE DRIVE, TILLER WAY, AND BLUE KEY A.C. PAVEMENT OVERLAY �_n n IN HILLS RD CATAMARAN R BLUE KEY \ M WAY stn o � �Q%tl,, .•,xx^r,t4a O nn Y psi GF i N NOT TO SCALE n n n' LOCATION MAP EXHIBIT B CI1 OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 18, 1999 Sequel Contractors, Inc. 12240 Woodruff Avenue Downey, CA 90241 Gentlemen: Thank you for your courtesy in submitting a bid for the MacArthur Boulevard Pavement Rehabilitation and Sancastle/Tiller /Blue Key Pavement Overlay (Contract No. 3269) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 18, 1999 R.J. Noble Company P.O. Box 620 Orange, CA 92856 Gentlemen: Thank you for your courtesy in submitting a bid for the MacArthur Boulevard Pavement Rehabilitation and Sancastle/Tiller /Blue Key Pavement Overlay (Contract No. 3269) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 18, 1999 Griffith Company 2020 South Yale Street Santa Ana, CA 92704 Gentlemen: Thank you for your courtesy in submitting a bid for the MacArthur Boulevard Pavement Rehabilitation and Sancastle/Tiller /Blue Key Pavement Overlay (Contract No. 3269) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, a LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach