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HomeMy WebLinkAboutC-3561 - Newport Center Drive & San Nicholas Drive ResurfacingCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC October 14, 2004 All American Asphalt P.O. Box 2229 Corona, CA 92878 -2229 Subject: Newport Center Drive and San Nicholas Drive Resurfacing (C -3561) To Whom It May Concern: On October 14, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on December 1, 2003. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 086 74 650. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Sean Crumby, Project Manager enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • www.clty.newport- beach.ca us EXECUTED IN FOUR. (4) PARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BOND NQ. 086 74 650 The Premium charges on this Bond is 3 2,306-00 being at the rate of S 4.00 thousand of Oro Contract page. WHEREAS, the City Council of the City of Newport Beach. State of CalNomia, by motion adopted, awarded to ALL AMERICAN ASPHALT, hereinafter dashgnated as the `PrincipaP, a cordract for construction of NEWPORT CENTER DRIVE AND SAN NICHOLAS DRIVE RESURFACING, Contract No. 3551 in the City of Newport Beach. In strict conformity with the plans; drawings, specifications. and other Contract Documents maintained In the Public Wortts Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS. Prhdpal has executed or is about to execute Contract No. 3581 and the leans owed require the fumishing of a Bond for the faithful performance of the Contract; NOW, THEREFO, we, the Principal, and FIDELITY AND DEPOSIT COMPANY OF YL RE An , duly authorized to uvirisaet business under the Wws of the State of California as Surety (heromfleh'SuretY7, are held and fimohy bound unto the Ofy of Newport. Beach, in the sum of five hundred seventy -six thousand, five hundred awenty -six WW OOH00 Dollars ($578,576.00) lawdd matey of the United States of Americo, said sum being equal to 100% of the estimated amount of the Contract, to be paid to ft City of Newport Beech, its successors, and ass)"; for which payment weit and truly to be made, we hind ourselves, our hats. executors and administrators, successors, or assigru. jointly and wverady, finNy by these present THE COND TION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principals heirs, exscutors, admitistratfxs, successors, or assigns, fad to abide by, and well and truly keep and Perform Wry or all the work, covenants, conditions, end agreements in the Contract Dxuments and any ademilion thereof made as therein provided on its part to be kept and performed at the time and in the manner therein specified, and in all respects according to Its true intent and rrRW* g, or fails to indemnify, defend, and save harmieas the City of Newport Beach, Its officws, amployees and agents, as therein stipulated. Olen. Surety vAl tai0lfiilly perform the same, in an amount not exceeding the sum specified in tMs Bond otherwise this obligation shalt Imortle mW and void. 28 As a part of the obligation secured herby, and M addition to the face amount spectlili this Performance Bond, there shall be included costs and reasonable experiees aril:;:, ..a; Including reasonable attorneys fees, incurred by the City, only in the event the City is required tv w ='t bring an action in law or equity against Surety to enforce the obligations of this Surety, for value received, stipulates and agrees that no .change.:,erdepston oC:;iltae alterations or additions to the terms of the Contract or to the work to "be' performed ihereufKtl3r'iF, :'� i.:y to the specifications accompanying the same shall In any way affect Its obligations on this BgnE," and it does hereby waive notice of any such change, extension of time, alterations or addifion$'bf Me Contact or to the work or to the spectfi bons. This Faithful Performance Bond shall be extended . and maintained by the Principal in full " tom and effect for one (1) year foAowing 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 duty executed by the Principal and Surety above named, on the 29thday of APRIL 2003. ALL AMERICAN ASPHALT (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety, 225 S0. LAKE AVE, #700 PASADENA, CA. 91101 Address of Surety SURETY: 626 - 792 -2311 AGENT: 714 - 935 -1112 Telephone OWEN M. BROWN) ATTORNEY —IN—FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED KE 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l County of ORAME } as. 0 On 4 -29 -03 before me, BARBARA J. BEIMER Oft O Neme e,M nee a oeart N•0.. v.» ow Newy ft6w ) personally appeared OWEN M. BROWN rMme(s) of egnw(.1 BARIA to J. B008t Coesninton • 120491 NotpyU ta•cdit b Alf'CffrM ttes = Peee News SW Men "if personally known to me ♦1- /f�'9041 to be the person( whose nameQF) is1@Dt subscribed to the within Instrument and acknowledged to me that he/S mli;V gtexecuted the same in hisrAxii0bift authorized capacityoW, and that by hisAxKRW slgnature(8j on the Instrument the pemcnW, or the elttity upon behalf of. which the personke aced acredJ executed the instrument. OPTIONAL Though the Inlbrmedon below to not required by law, h may prove valuable to persons m&fng on the document and could pnvenf baudulent ramoval and reaRechment of this tomr fo another doeumeM. Description of Attached Document Title or Type of Document, PERFORMANCE BOND N0. 086 74 650 Document Date: 4 -29 -03 Slgner(s) Other Then Named Above: Number of Pages: TWO (2) - ALL AMERICAN ASPHALT Capacity(les) Claimed by Signer Signer's Name: ❑ Indlvkfual w mane hwe. ❑ Corporate Officer—, Tltle(s): ❑ Partner —❑ Limited ❑ General XKK Attr rney in Feet ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: FIDELITY AND DEPOSIT COMPANY OF MARYLAND e"MNeft, anew /6reeaUe•MOO Oft V A. emSW aChwAne,RGeU34410, w.ner 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDOMENT State of CaiHomia County of R �e(S ;k CA- e sa. On 2� before me, k?Cl�r Mf, WYYI -S rtC; CN �Ltbj6 o.r ' — . _ _ NWMWAMdoewr(w.'Aft NO Ypae)3 personalty appeared TENNILLE MORRIS Commission # 1374628 Notary Public - California Riverside County 6WComm.EVwsSep?3.2006 O'personaliy known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose name( is/are— subscribed to the within Instrument and acknowledged to me that he/she" executed the same In hiaRiedlheir authorized capacky(Wea) and that by hl�t re signatu on the Instrument the pe or the anti yl upon behalf of which the perso*f acted, executed the Instrument. WITNESS my hand and official seal. L'204 /WA y � � awW aNaryw OPTIONAL 7bW0 the NVW"N can below ts not mgdred by Lank It may PMW vakabASW PWWM relylrt0 on the dodenant and coup prow" heudrtenf removd and reaf 3duram or ft b m to aradar douansnf. Description of Attached Title or Type of Document 1"( 11-VI VLAI T O TLYMI(Ke— 1aU4 iU Document Date: _ F r \ .� niLA%3 t Number of Pages: 01 ) Signers) Other Than Named Above: i Capacity#* Claimed by Signer Signer's Name: kbeo- x 1�LI ❑ Individual Tap of ftft two Corporate Officer — Tltie�(ef Nice W% &nt ❑ Partner — [I Limfted [I General ❑ Attomey4n•Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. pp� j`� Signer Is Representing: i Lk Narclia kt s hbd I'% O MI I NO VA1W*AM•9M09 SWAM, P.O.aw2102.0uwaft CA9121b2/0i•wnuWWnAW a Pad Na am Rner. CWTOWMId00 I"W • 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC December 1, 2003 All American Asphalt P.O. BOX 2229 Corona, CA 92878 -2229 Subject: Newport Center Drive and San Nicolas Drive Resurfacing (C -3561) To Whom It May Concern: On October 14, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on October 28, 2003, Reference No. 2003001320749. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 086 74 650. Enclosed is the Labor & Materials Payment Bond. Sincerely, r`t Lal,nne M. arkless, CMC City Clerk cc: Public Works Department Sean Crumby, Project Manager encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 EXECUTED IN FOUR (4) PARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT •IMPORT CENTER DRIVE AND SAN NICHOLAS DRIVE RESURFACING CONTRACT NO. 3,561 BOND NO. 086 74 650 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the Gty Count 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 NEWPORT CENTER DRIVE AND SAN NICHOLAS DRIVE RESURFACING, Contract No, 3551 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. 3561 and the terms thereof require the fumishing of a bond, providing that if Principal or any of Principars 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 tabor 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, arid, FIDELITY AND DEPOSIT COMPANY OF MARYLAND duly authorized to transact business under the laws of the State of Caiffomia, as Surety, (referred to herein as 'Surety) are held firmly bound unto the City of Newport Beach, in the sum of five hundred severr"bc 11musand, live hundred sevent"Ix and 001100 Dollars (3576,576.00) lawful money of the United States of America, said sum being equal to 100% of (he estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment wail 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 irr;urance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over tD 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 apecified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attomeys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California, 26 • 0 ail± 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 terns 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 29t1i day of APRIL . 2003. ALL AMERICAN ASPHALT (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 225 SO. LAKE AVE, #700 PASADENA, CA. 91101 Address of Surety SURETY: 626 - 792 -2311 AGENT: 714 - 935 -1112 Telephone OWEN M. BROWN, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of ORANGE } as. On 4 -29 -03 before me, BARBARA J. SENDER Dw• Nem• NO ieM M OAlnr (ep.,'Jw,e se•, Nwery �'1 personally appeared OFTEN M• BROWN Ne,re(p q sgnMq MRwtA J. eBdDI9t Coevnfaton 0 1467491 �y ktft • Caafam a MVCne�tx e�les 4pp4 Pre. "0" s•w "" • • X personally to be the person(jo whose name0j) Isk" subscribed to the within Instrument and acknowledged to me that he/tftilildWexecuted the same In his/JtIflbW authorized capacityoM, and that by hls/h@dtlDib( signature(8) on the Instrument the personod, or the ^tlty upon behalf of which the person" acted executed the Instrument. OPTIONAL rhoWh the Informstlon below Is not required by )aw. R may prom valuable to persona rWntt on the document and could prevent ftudubnt removal and reattachment of this form to another document. Description of Attached Document We or Type of Document PAYMENT BOND NO • 08674 650 4 -29 -03 TWO (2) Document Date: Number of Pages: Signers) Other Then Named Above: ALL AMERICAN ASPHALT Capecity(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer- Title(s): _ O Partner —❑ Limited O General XKKAftomey M Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signet Is Representing: o.wNw- rNa.rw..re„•neoasw,w.., Poe.+ se •a.r.- nc�nnas.ae•...,r- +ewr.«• PAarr.ra r►.w' 1 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, w ' q set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s l6� nate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and law y-' - to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and ��?? of s and the execution of such bonds or undertakings in pursuance of these ° as ompany, as fully and amply, to all intents and purposes, as if they had b}y a e regularly elected officers of the Company at its office in Baltim �wr� is power of attorney revokes that issued on behalf of Owen M. BROWN 22V1993. The said Assistant t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- any, and is now in force. IN WITNESS OF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 11th day of February, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gyp 9EnOS�i f+ v C C O L L Goucher Assistant Secretary State of Maryland l City of Baltimore J ss. By: M. P. Hammond Vice President On this 11th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. POA -F 012 -4160 Sandra Lynn Mooney Notary Public My Commission Expires: January 1, 2004 a • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 11 County of ?\ �eys;6 as. On before me, 1O—rM ` (S �A()Y G i[lbU` & Oar' Nrw& -AT* a Omer p.y, Vre M.N." PLW personally appeared TENNILLE MORRIS aMyCoCommission # 1374628 rnrn.boresSepI3.2006 Notary Public - California Riverside County Zpersonally brown to me C proved to me on the basis of satisfactory evidence to be the person whose name islaw subscribed to the within Instrument and admowledged to me that helsheftey executed the same in hl&i* Ahetr authorized capacity(iee}, and that by his/herkheh� signatu on the instrument the person or the entity upon behalf of which the person acted, executed the Instrument. WITNESS my hand and officiall seal. Y!/ oyZ401 ee�dnary Wbb OPTIQLAL Thmo the bdom adon bebw is not regdwdby Am X may pro» vebrablwfo Pomona raft on do doramwnt and caddpmv # hau*,Iw# wrravat end m& w tvmd of ft form to wtahwr document Description of Attached Document p This or Type of Document: �.la y am ��*yi n k 5 % tj `lYL°f & $r m p Document Date: �llY{� oZq,� NumberofPages: _r p� Signer(s) Other Than Named Above: 11(�l1it( Qty. �C i� it�71Y1C1Qfl(d & 1�li1i11 Capacity0eeKlalmed by Signer t� 4 Signer's Name: 1�da, 1 ❑ Individual Tap of ft" two JXCorporeteOffcer— Tltlg(8f �f'P. �C�Si[1Pti� ❑ Partner —❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee ❑ Guardian or Conservator D Other. Signer Is Representing 0 law NWry N000AMMMM • §=d 9aeAw., P.O. On 2102 • 00M% CA 0191MM-•'WWWWrfrr0,ro RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk '03 1MV -b ,,9:09 City of Newport Beach 3300 Newport Boulevard Newport Beae99,'CA.92663_ ! r' Recorded in Official Records, County of Orange Tom Daly, Clerk- Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 2003001320749 08:16am 10128103 213 109 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt trom recording tees 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, Inc. of Corona, California, as Contractor, entered into a Contract on May 13, 2003. Said Contract set forth certain improvements, as follows: Newport Center Drive and San Nicolas Drive Resurfacing (C -3561) Work on said Contract was completed on August 15, 2003, and was found to be acceptable on October 14, 2003, by the City Couhcil. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. Director )rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on QCA0\Qt -s., 0'-0 at Newport Beach, California. BY Oa� City Clerk 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. s October 14, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Sean Crumby, P.E. 949 - 644 -3311 scrumby@city.newport-beach.ca.us SUBJECT: NEWPORT CENTER DRIVE AND SAN NICOLAS DRIVE RESURFACING — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3561 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 1 year after Council acceptance. DISCUSSION: On May 13, 2003, the City Council authorized the award of Newport Center Drive and San Nicolas Drive Resurfacing to All American Asphalt, Inc. The contract provided for a 2 -inch grinding and overlay of the existing Asphalt Concrete Roadway with repair to selected failed portions of the existing roadway. 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: $576,576.00 Actual amount of bid items constructed: $578,380.12 Total amount of change orders: $0 Final contract cost: $578,380.12 There were no change orders with this project. The final bid quantities resulted in an increase cost of 0.3% from the original bid amount. SUBJECT: Newport Center Ddv San Nicolas Drive Resurfacing - Completion And ptance of Contract No. 3561 October 14, 2003 Page 2 Funds for the project were budgeted in the following account: Description Measure M Tumback Fund Gas Tax Fund Water Fund TOTAL Account No. 7281 C5100700 7181 C5100700 7501 C5500074 7181 c5100302 Amount $340,330.00 $223,300.00 $10,560.00 $4,190.12 $578,380.12 All work was completed on August 15, 2003, the scheduled completion date. Environmental Review: This project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. The project involves removal and resurfacing of existing asphalt concrete roadway. Prepared by: Sean Crumby, P. IV Associate Civil Engineer Submitted by: Works Director CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC October 20, 2003 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completions for: Newport Center Drive and San Nicolas Drive Resurfacing 11 Citywide Slurry Seal Program (C- 3559); and Irvine Avenue from Santiago to University and Jamboree Road from Santa Barbara to Eastbluff/Ford Road 24 -Inch Water Main Replacement (C -3412) Please record the three enclosed documents and return them to the City Clerk's Office. Thank you. Sin=ce�rel^y -,�� LaVonne M. Harkless, CIVIC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NOTICE OF COMPLETION 6103" NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and All American Asphalt, Inc. of Corona, California, as Contractor, entered into a Contract on May 13, 2003. Said Contract set forth certain improvements, as follows: Newport Center Drive and San Nicolas Drive Resurfacing (C -3561) Work on said Contract was completed on August 15. 2003, and was found to be acceptable on October 14. 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. Director rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �C�CO�pc.S, C �y^J at Newport Beach, California. ``BY �� qCity Clerk k T CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS 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 10:00 a.m. on the 241 day of April 2003, at which time such bids shall be opened and read for NEWPORT CENTER DRIVE and SAN NICHOLAS DRIVE RESURFACING Title of Project j. Contract No. 3561 $636,000 Engineer's Estimate Approv+ y Stephen G. Badum Public Works Director \., 1�1p� i ,�P' Qot`be O�O�y \\�cPJy Prospective bidders may obtain one set of bid documents at a cost of $25.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Sean Crumby. Proiect Designer at (949) 6443311 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT CENTER DRIVE AND SAN NICHOLAS DRIVE RESURFACING CONTRACT NO. 3561 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 +9 • it CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT CENTER DRIVE AND SAN NICHOLAS DRIVE RESURFACING CONTRACT NO. 3561 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (f any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 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 U El 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 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. 2jV-1 013 a1c12- Contractor's License No. & Classification ALL AMERICAN ASPHALT Bidder �thor.�ed,S�;gr�at�re itle .4 -2z-03 Date 4 �f BOND NO. 085 97 423 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT CENTER DRIVE AND SAN NICHOLAS DRIVE RESURFACING Ke: I I T We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, In the principal sum of TEN PERCENT OF TOTAL BID IN DOLLARS Dollars ($ 10% of Bid ), to be paid and forfeited to the City of Newport Beech if the bid proposal of the undersigned Principal for the construction of NEWPORT CENTER DRIVE AND SAN NICHOLAS DRIVE RESURFACING, Contract No. 3561 in the Gty 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 duty enter into and execute the Contract Documents and provide the required original insurance documents for the constriction of the project within thirty (30) days (not including Saturday, Sunday, and federal holidays) 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 shah not exonerate the Surety from Its obligations under this Bond. Witness our hands this 18th day of ALL AMERICAN ASPHALT Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 225 SO. LAKE AVE, #700 PASADENA, CA. 91101 Address of Surety SURETY: 626 - 792 -2311 AGHNT: 714- 935 -1112 BID DATE: APRIL 24, 2003 APRIL , M3, OWEN M. BROWN, ATTORNEY -IN -FACT Print Name and Title (Notary aeknowladpment of Principal & Surety must be attached) SpTEOF CALIFORNIA } J COt7XI70F ORANGE on 4 -18-03 before nw, ggRBARA J. BENDER, NOTARY PUBLIC PFRSONAILYAPPFARM OWEN M. BROWN personally known to me R)8GNM to be the permonW whose namaw iv me subscribed to the within Instrument and acknowledged to me that hdsledk-g executed the same In hLdhvpGpp audwriredcapaciViaL and that by hLdimW** Ognmre(rkon the instnunem the persona d, or the entity upon behdf of which the person(jo acted, executed the instrument. Signatur OPTIONAL leSAR&W J. boost COMMbmatl • 148471 Hatay hblla - faun," myca"MCM-mmmi TMs area forOfflNd Now l &d Though the data Wow Is not mqulmd by law, R may prove valuable to persons retying on the domment and could prevent haudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INommK ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ umrm ❑ GENERAL 0 ATTORNEY -W+ACT 13 TRUSTEES) ❑ GUARDIANRONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OF TYPE OF DOCUMENT ONE (1) NUMBER OF 4 -18 -03 DATE OF DOCUMENT mmarI I P aReITYrf" Fldellty W4 Deposit Company of MatyW M ALL AMERICAN ASPHALT SIGNER OTHER TF ID•17=QW.ela1) ALL- PURPOSE ACKNOWLEDGEMENT 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, w ' set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s pate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and law f y -' , to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and o ngs and the execution of such bonds or undertakings in pursuance of these ° as ompany, as fully and amply, to all intents and purposes, as if they had beGgtiy� n a e regularly elected officers of the Company at its office in Baltim ��►� w is power of attorney revokes that issued on behalf of Owen M. BROWN 22L11 The said Assistant at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- y, and is now in force. IN WITNESS W OF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 11th day of February, A.D. 2003. ATTEST: 'gyp otvosrr e ; ttn a' 4 � State of Maryland 1 City of Baltimore ss. FIDELITY AND DEPOSIT COMPANY OF MARYLAND L L. Goucher Assistant Secretary M. P. Hammond Vice President On this Ilth day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. POA -F 012 -4160 J"AA, 11 tA WWr Sandra Lynn Mooney Notary Public My Commission Expires: January 1, 2004 0 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice- Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice- Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of 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 the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. 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 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 seal of the said Company, this 18th day of APRIL 2003 . Assistant Secretary f CALIFORNIA ALL4PIIRFOSE ACKNOWLBDOURNT State of California County of RNe1'SIC1e ea. • On QRViI AA, 3 before me,— b-6\16 �10YY1S.�10tQVU �LI��IG oo Km .dUsd u.a,•.r. Marl personally appeared kbe( b)(da eu N~daMq P'personally (mown to me O proved to me on the best of satisfactory evidence TENNILLE MORRIS i NoCt mm= 1 6 Riverside C UntY pyCarrwnfipiaesSept�2tKr4 to be the persons whose namely isiaro- subscribed to the within Instrurhent and adawwledged to me that he/sheAhey executed the same In hl0wAthelr authorized capactyoee); and that by hieAaftleir slgnahrreVon the InsWment the parswyAf, the en re upon behalf of which the peonr acted, executed the instrument. WITNESS my hand and� official seal. M~cf rmr Rare orr70K4L ThavO fa xWnma5m nebw Is ndmqukW by tw It may prove vakabb 1opwwm m0V m do dwmardandcouldprevaV #&Ud#Xn AV"" and rear dwwdar U* krm io &WffiWdXUM9 x. Description of Attached Document .. : _ •� E , . M, Capecity(le#Claimed by Signer Signers Name: ❑ Individual ,a'Corporete a Partner —0 O AtkmWin- ❑ Trustee ❑ Guardian or 11 Cow. rcpdmaeehdn 018cer— Tide�ej: �1C'� �1'251CiPi'1�" ❑ Unified o General Pact Conservator Signer is Representing: �l\ kP) nCd R RSphdl - eirwmwxorYAUO JOM - OW DoGWA... rQ.0=24M- ChEWAWKCAOMMM-w *wAdwwhd Wwo Prod "Uff wadw CdTAP w14 047~ 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT E NEWPORT CENTER DRIVE AND SAN NICHOLAS DRIVE RESURFACING CONTRACT NO. 3561 DESIGNATION OF SUBCONTRACTORS) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Name, Bid Description of Work Percent of Address, Telephone # Item Total Bid Number c( an Co- / c/SD -fr/h,,f k �2 5rfr PZn� 33s k-ka6) C+ 9z37s Cgcti pzq -z!1 IN/ - tga -A-c (0-bps � J un,C)rS+ I i��,�� Crack Al(i✓ goa.YOw�j '� Chi Co°/d /zs u/lu -x.64 -/z�3 M ; //s Ave s. * ��r. ✓a1/ , e* ALL AMERICAN ASPHALT Bidder Authori zed Signature "art +G+d YI CC 4�C�1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT CENTER DRIVE AND SAN NICHOLAS DRIVE RESURFACING CONTRACT NO. 3561 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll Please print or type. 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 th past 2 years in excess of $15,000, provide the following information:�v`'U� f Cf No. 1 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims aqc)knst you/Contractor? If yes, briefly explain and indicate outcome of claims. n U No. 2 Project Name /Number Project Description Approximate Construction Dates: From 0 Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims agpinst you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims [g/an st you /Contractor? If yes, briefly explain and indicate outcome of claims. I? No. 4 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims ayai st you /Contractor? If yes, briefly explain and indicate outcome of claims. n No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims aggAst 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 Bidder Authorized i naturerri 10 0 0 All American Asphalt Past Work References City of Beverly Hills 455 N. Rexford Drive Beverly Hills. CA 90310 Contact: Mr. Chris Theisen (1 10) 285 -2511 City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Contact: Mr. Tom Banks (714) 754 -5029 City of Norco 2870 Clark Ave. Norco, CA 91760 Contact: Mr. Gene Klatt (909) 735 -3900 City of Riverside 3900 Main Street Riverside, CA 93502 Contact: Mr. Dick Clelland (909) 826 -5889 City of Huntington Beach 2000 Main Street Huntington Beach, CA 93648 Contact: Mr. Chris Gray (714) 375 -5034 Wilshire Blvd. Overlay Contract: $3,042,428.50 Completed: 5/02 Baker Street Rehabilitation Contract: $2048499.00 Completed: 8/02 Parkridge Ave.,Second St.,Pirst St. And Third St. Rehabilitation Contract: $388195.00 Completed: 9/02 Minor Street Rehabilitation Ph.l Contract: $1,024,652.00 Completed: 9/02 MSC414 Overlay of Residential St Contract: $525,958.39 Completed: 10/02 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT CENTER DRIVE AND SAN NICHOLAS DRIVE RESURFACING CONTRACT NO. 3561 NON - COLLUSION AFFIDAVIT State of California ) )SS. County of 91obidir, ) being first duly. sworn eposes says that he or sKe is VI l zi of Al l I ( /1�J1ho l nd , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. ALL AMERICAN ASPHALT Bidder Authorized Sder IZIAutho lzi gnature/Title -godfey / Vjce Subscribed and sworn to before me this ArYa day of NPA i 2003. [SEAL) Notary Public - TCt,rtttiG Morns TENNILLE MORRIS My Commission Expires: C1 -13 ` O tD Commission # 1374628 Notary Public - Cavornic Riverside County My Comm. EOes Sep 13, 2006 11 • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT CENTER DRIVE AND SAN NICHOLAS DRIVE RESURFACING CONTRACT NO. 3561 DESIGNATION OF SURETIES Bidders 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): T IUtz k*A a [Dg,,l I l DUPN 2l0 r4' (IN Styx+ C4�D� 53q-bBE� 4D �Oi 1'12,1 PWy110 iGl, MD 2I203- 291 >J RaM49,t: WIfi t'D 12 • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT CENTER DRIVE AND SAN NICHOLAS DRIVE RESURFACING Bidders Name CONTRACT NO. 3561 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL ALL AMERICAN ASPHALT Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2002 2001 2000 1999 1998 Total 2003 No. of contracts Total dollar Amount of Contracts in 141-70r2 r, �y; & Lm t i'1IOy2 q jO lD2,g2� �6 q3(p i Thousands of $ No. of fatalities $, $, 4 No. of lost Workday Cases I 22 13 � t% No. of lost workday cases $ .15� -lT involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. 13 0 O Legal Business Name of Bidder ALL AMERICAN ASPHALT Business Address: 4CO - 5 �) P Business Tel. No.: State Contractor's License No. and Classification: 21PID13 R t C' 12 Title V I (C O7 The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. 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 of fewer than all of the partners /joint ventures if submitted 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 notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners/joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 n u CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT CENTER DRIVE AND SAN NICHOLAS DRIVE RESURFACING CONTRACT NO. 3561 ACKNOWLEDGEMENT OF ADDENDA ALL AMERICAN ASPHALT Bidders name The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Signature Is 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT CENTER DRIVE AND SAN NICHOLAS DRIVE RESURFACING CONTRACT NO. 3561 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: ALL AMERICAN ASPHALT PO Business Address: t' 0 60)( 22XI COOR". a LIMA- RXI Telephone and Fax Number: California State Contractor's License No. and Class: 2 no-13 AI C- l2 (REQUIRED AT TIME OF AWARD) Original Date Issued: c - Expiration Date: 1/31104 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone /TO Corporation organized under the laws of the State of t W-brK 1s 0 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: KWIC, All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: NMCI 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; 0 Dd, Briefly summarize the parties' claims and defenses; aonc, you ever had a contract terminated by the owner /agency? If so, explain. 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 lab compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes i Are any claims or actions unresolved or outstanding? Yes /Mb 17 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. ALL AMERICAN ASPHALT Bidder (Print name of Owner or President of Corporation /Company) Authorized Signaturerritle -M a B V A Title 4-1'0 Date Subscribed and swom to before me this 2j day of W L 2003. [SEAL] 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT CENTER DRIVE AND SAN NICHOLAS DRIVE RESURFACING CONTRACT NO. 3561 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 r� u CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT r� u NEWPORT CENTER DRIVE AND SAN NICHOLAS DRIVE RESURFACING CONTRACT NO. 3561 CONTRACT THIS AGREEMENT, entered into this _ day of , 2003, 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: NEWPORT CENTER DRIVE AND SAN NICHOLAS DRIVE RESURFACING This project consists of rehabilitating Newport Center Drive from Santa Barbara Road to Coast Highway and San Nicholas Drive from Newport Center Drive to Avocado Avenue. Included in the rehabilitation are traffic control, distributing construction notices, posting and removal of temporary no- parking signs, variable height AC pavement cold milling, reconstructing pavement sections, overlaying AC pavement, adjusting utility frames and covers to grade, installing pavement striping and markings, replacing and connecting traffic loop detectors, and other items as required to complete the work shown on the Plans and Specifications. 3561 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. 3561, 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 20 activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 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 five hundred seventy-six thousand, five hundred seventy -six and 001100 Dollars ($576,576.00). 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: Sean Crumby (949) 6443315 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR All American Asphalt P.O. Box 2229 Corona, CA 92878 -2229 909 - 736 -7600 909-736 -7646 (Fax) 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 Califomia Admitted Insurance Company. Contractor shall fumish City with original 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 21 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 0002 (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 0002 0287 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. 22 0 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, 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. 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, agents, 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, agents, 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. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 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 amount provided that the Work damaged is built in accordance with the plans and specifications. 23 6. Right to Stop Work for Non - Compliance City shall have the right to direct 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 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. I. 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. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 E 0 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. ATTEST: CLERK CITY OF NEWPORT BEACH AN M APPROVED AS TO FORM: ALL AMERICAN ASPHALT 7l . , 4 - CITY ATTORNEY Tu lionize Signature and,Me cc >ciP*w `k7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State d California county of RkVr -(5 de TENNILLE MORRIS Commission f 1374628 Notary Public - California Riverside County aw Comm, E)pwes Sep 13, 2IX1f 0 j'pereonally (mown to me ❑ proved to me on the basis of satisfactory evidence to be the person whose name(aj is/me subscribed to the within Instrument and adawMedged to me that he/she" executed the same In hist'hwAheir authorized capacfty(k*,, and that by hisrNwA air signature on the Instrument the W3010, or the engq{{yy upon behalf of which the pe acted, executed the Instrument. WITNESS my hand and offl W sea). �.:� � %?rte �/�ZQ✓1/J�,� SWAM No" AM nNNofteMonnefatbewwIs rot M dndfyIBN:fmaypmmkabllabpsB "1D atVwd=mrwradoowdRVwd ftuduAW rwrmW and rmMwh nerd of d* ram to &WNW doc unerd, Description of Attached Document Title or Type of Document Ckni a( Document Date Number of Pages: Signers) Other Than Named Above: Capacity(Iee}Claimed by Signer 11,A 01, ❑ Individual h roc d nwmt Ne. _fYCorporateOlficer — Titlejalj: �ICe YrPSiCK^rl� • Partner —0 umtled ❑ eneral • Attomey4n -Fad ❑ Trustee • Guardian or Conservator • Other. n p Signer Is Representing R�l NYY1PYlCr1i \ I �7YYA I% O1eNweaw tahryArsilbn•meeMBdeMw.P.0. Bet Bae•gWwaO, r.Ap191B$e0Q•xwM+MtlsNYioYype pot N& up nNDFdo CdTA+ift t406e7Mee ....... . . .. 0 ..... ... ................ .. ... .. ... . '10 00. CIA OF 1"R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Coles Ins Brokers & Agent ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Lie. No. 0822310 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 600 City Pkwy West, Ste. *500 Orange CA 22868 -2945 VAX 0 5 NO3 COMPANIES AFFORDING COVERAGE COMPANY (714) 937-1824 A Royal Surplus Lines Ins. Co. INSURED COMPANY All American Asphalt B Hartford Fire Insurance Co. COMPANY PO Box 2229 Corona, CA 92818-2229 C great American Insurance Cc COMPANY Eagle Pacific Insurance Co. THISIS TO CERTIFY THATTHE POLICIESOFINSURANCELISTEDBELOW HAVE BEENISSUEDTOTHE INSURED NAMEDABOVEFOR THEPOLICYPERIOD INDICATED,NOTWITHSTANDINGANYREOUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COI LTR TYPO OF INSURANCE POLICY NUMBER POLICYIEFFECTIVE DATE (MMMDNY) POLICY EXPIRATION DATE (MAUDDIVY) LIMITS A GENERALLIABLITY K21111120981 $101102 S/01/03 GENERAL AGGREGATE S 2,000,000 PROIXJCTS-COMP/GP AGO $ 2,000,000 X COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED & CLAIMS MADE � OCCUR PRIMARY WORDING APPLIES PERSONAL & ADV INJURY $ 11000,000 EACH OCCURRENCE 3 110001000 OWNERS & CONTRACTORS PROT ONLY IF REWIRED by X FIRE DAMAGE (Any one fire) S 50,000 525,000 SIR CONTRACT MED EXP (Any we person) S 0 AUTOMOSLELIABILITY 72UEM6K5491 K2 8/01102 8/01103 COMBINED SINGLE LIMIT $ X ANY AUTO 1'800'000 BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) X $10,000 DIED PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT AGGREGATE S —1 C EXCESSLIABLITY TUESS50075 111011102 810110 EACH OCCURRENCE S 10,000,000 AGGREGATE S 10,000,000 FORM x OTHER THAN UMBRELLA FORM I Is —�UMBRELLA 0 WORKERS COMPENSATION AND IS0302463 1101103 6108/03 X1 STATUTORY LIMITS EMPLOTERW LIAS.Try EACH ACCIDENT S 11000,000 THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE DISEASE • POLICY LIMIT $ 1,000,000 DISEASE -EACH EMPLOYEE S 1,000,000 OFFICERS ARE: EXCL OTHER NIA DESCRIPTION OF OPERATICNR&OCATICNgMHICLEWSPECIAL ITEMS RE: Newport Center Drive and Son Nicholas Orly* Resurfacing; Contract No. 3561 '10 days notice for nonpayment of prowl us 2a/au7sf/wcwct• so FROM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL EM[MINGOINDOOMAL 3300 Newport Blvd. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P.O. Box 1768 Newport Beach, CA 92658-8915 0 AUTWOREMP REPRESENTATIVE 053011 ......... ... ........... .................... ... ROM CERTIFICATE: 10914611 02367 • POLICY NUMBER: K2HA120981 COMMERCIAL GENERAL LIABILITY INSURED: All American Asphalt EFFECTIVE: 8/1/02 THIS ENDORSEMENT CHANGES THIS POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: The City of Newport Beach, its officers, officials, employees and volunteers 3300 Newport Blvd P.O. Box 1768 Newport Beach, Ca 92658 -8915 Project Newport Center Drive and San Nicholas Drive Resurfacing; Contract No. 3561 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. It is agreed that such insurance as afforded by this policy for the benefit of the additional insured shall be primary insurance as respects any claim, loss, liability arising directly or indirectly from the insureds operations and any other insurance maintained by the additional insured shall be noncontributory with the insurance provided hereunder. CG 20 10 1185 ©Copyright, Insurance Services Office, Inc., 19114 endase2m4A COMMERCIAL AUTOMOBILE • COVERAGEPART - DECLARATIONS BUSINESS AUTO COVERAGE FORM (Continued) POLICY NUMBER: 72 UEN GK5491 K2 ITEM FIVE - SCHEDULE FOR NON - OWNERSHIP LIABILITY NAMED INSURED'S RATING BASIS NUMBER BUSINESS Other than a Social Service Number of Employees Agency Number of Partners Social Service Agency Number of Employees Number of Volunteers RATE ADVANCE PREMIUM 25 INCL. INCL. IN COMPOSITE RATE TOTAL ADVANCE PREMIUM: INCL. IN COMPOSITE RATE WHO IS INSURED for LIABILITY COVERAGE is extended as indicated below by'�' and a charge shown in the corresponding space for advance premium. RATING BASIS NUMBER RATE ADVANCE PREMIUM Employees As Insureds Number of Employees Volunteers As insureds Number of Volunteers TOTAL ADVANCE PREMIUM: Form HA 00 25 02 95 Page 5 This SPECIAL MULTI -FLEX POL�'s provided by the insurance company(s)�na Hartford Insurance Group, shown below. COMMON POLICY DECLARATIONS POLICY NUMBER: 72 LIEN GK5491 K2 Named Insured and Mailing Address: (No., Street, Town, State, Zip Code) Policy Period: ALL AMERICAN ASPHALT (SEE IH12001185) P.O. BOX 2229 CORONA, CA. 92879 From 08.01.02 To 0"1.03 12:01 A.M. Standard time at your mailing address shown above. In retum for the payment of the premium, and subject to all of the terms of this policy, we agree with you to provide Insurance as stated in this policy. The Coverage Parts that are a part of this policy are listed below. The Advance Premium shown may be subject to adjustment. Coverage Part and Insurance Company Summary Advance Premium COMMERCIAL AUTOMOBILE HARTFORD FIRE INSURANCE COMPANY HARTFORD PLAZA HARTFORD, CT. 06115 Form Numbers of Coverage Parts, Forms and Endorsements that are a part of this policy and that are not listed in the Coverage Parts. HM00010295 IH12001185 (NAMED INSURED) 1H00170295 IL00210498 IL02700799 HAO0250295 Agent/Broker Name: CALCO INS. BROKERS — OR #180649 SOF /08 -12-02 This policy is not binding unless countersigned by our Authorized Representative. Countersigned by Form HM 00 10 02 95 Authorized Representative Date COMMERCIAL AUTOM ?BILE COVERAGE PART - DECLARATIONS BUSINESS AUTO COVERAGE FORM POLICY NUMBER: 72 UEN GK5491 K2 This COMMERCIAL AUTOMOBILE COVERAGE PART consists of: A. This Declarations Form; B. Business Auto Coverage Form; and C. Any Endorsements issued to be a part of this Coverage Form and listed below. ITEM ONE - NAMED INSURED AND ADDRESS The Named Insured Is stated on the Common Policy Declarations. ADVANCE PREMIUM: AUDIT PERIOD: ANNUAL Except in this Declarations, when we use the word "Declarations" in this Coverage Part, we mean this "Declarations" or the "Common Policy Declarations." Form Numbers of Coverage Forms, Endorsements and Schedules that are part of this Coverage Part: HA00041290 CA00011293 HA21020692 CA99031293 CA21540297 CA01430297 CA03021293 CA03050297 CA20380297 HAO0241290 HA99040187 HA99081290 HA99160793 HAO0120692 IH12011185 (COMPOSITE RATE ENDORSEMENT) IH12011186 (6)— (EXCLUSION OF NAMED DRIVERS) Form HA 00 25 02 95 Page 1 (Continued on next page) Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Copyright Insurance Services Office, inn„ 1993 COMMERCIAL AUTOMOBILE COVERAGE PART - DECLARATIONS BUSINESS AUTO COVERAGE FORM (Continued) POLICY NUMBER: T2 UEN GK5491 K2 ITEM TWO • SCHEDULE OF COVERAGES AND COVERED AUTOS This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those "autos" shown as covered "autos. "Autos" are shown as covered "autos" far a particular coverage by the entry of one or more of the symbols from the COVERED AUTO Section of the Business Auto Coverage Form next to the name of the coverage. This insurance is subject to all of the terms of the policy that apply. COVERAGES COVERED LIMIT ADVANCE PREMIUM AUTOS THE MOST WE WILL PAY FOR ANY ONE ACCIDENT OR LOSS LIABILITY 1 $ 1,000,000 each "accident' INCL. IN COMPOSITE RATE $ 10,000 DEDUCTIBLE PERSONAL INJURY Separately stated In each Personal Injury PROTECTION Protection Endorsement (or equivalent No -Fault coverage) ADDED PERSONAL Separately stated in each Added Personal INJURY PROTECTION Injury Protection Endorsement (or equivalent added No -Fault coverage) OPTIONAL BASIC $25,000 each eligible injured person per ECONOMIC LOSS "accident" (New York only) PROPERTY PROTECTION Separately stated in the Property INSURANCE Protection Insurance Endorsement (Michigan only) AUTO MEDICAL 2 See Schedule HA0012 For Medical INCL. IN PAYMENTS Payments for "Bodily Injury" Limits for COMPOSITE RATE each "insured" LIMIT: $ 5,000. UNINSURED MOTORISTS 2 $ 60,000. each "accident' INCL. IN COMPOSITE RATE UNDERINSURED MOTORISTS (When not included in Uninsured Motorist Coverage) Form HA 00 25 02 95 each "accident' Page 2 (Continued on next page) COMMERCIAL AUTOMOBILE • COVERAGE PART - DECLARATIONS BUSINESS AUTO COVERAGE FORM (Continued) POLICY NUMBER: 72 UEN GK5491 K2 ITEM TWO - SCHEDULE OF COVERAGES AND COVERED AUTOS (Continued) COVERAGES COVERED LIMIT ADVANCE PREMIUM AUTOS THE MOST WE WILL PAY FOR ANY ONE ACCIDENT OR LOSS PHYSICAL DAMAGE See ITEM FOUR for hired or borrowed "autos" COMPREHENSIVE 7,8 Actual Cash Value, Cost of Repair, or the INCL. IN COVERAGE Stated Amount shown in ITEM COMPOSITE RATE THREE, whichever Is smallest, minus any deductible shown in ITEM THREE for each covered "auto" SPECIFIED CAUSES OF Actual Cash Value, Cost of Repair, or the LOSS COVERAGE Stated Amount shown in ITEM THREE, whichever is smallest, minus $25 deductible for each covered "auto" for "loss" caused by mischief or vandalism. COLLISION COVERAGE 7,8 Actual Cash Value, Cost of Repair, or the INCL. IN Stated Amount shown in ITEM THREE, COMPOSITE RATE whichever is smallest, minus any deductible shown in ITEM THREE for each covered "auto." TOWING AND LABOR Refer to Schedule HA0012 for limit for (Not available in Califomia) each disablement of a private passenger "auto." Endorsement Premium (Not included above) TOTAL ADVANCE PREMIUM Form HA on 25 n2 0g INCL. IN COMPOSITE RAE $ 79,578. COMMERCIAL AUTOMOBILE • • COVERAGE PART " DECLARATIONS BUSINESS AUTO COVERAGE FORM (Continued) POLICY NUMBER: 72 UEN GK5491 K2 ITEM THREE - SCHEDULE OF COVERED AUTOS YOU OWN Applicable only if "Schedule of Covered Autos You Own ", Form HA 0012, is Issued to form a part of this policy. ITEM FOUR - SCHEDULE OF HIRED OR BORROWED AUTO COVERAGE AND PREMIUMS LIABILITY COVERAGE -RATING BASIS IS COST OF HIRE. Cost of hire means the total amount you Incur for the hire of "autos" you don't own (not including "autos" you borrow or rent from your partners or employees or their family members). Cost of hire does not include charges for services performed by motor carriers of property or passengers. ESTIMATED COST OF HIRE RATE PER EACH $100 COST OF HIRE ADVANCE PREMIUM IF ANY INCL. INCL, IN COMPOSITE RATE INCL. IN COMPOSITE TOTAL ADVANCE PREMIUM: RATE If this box is marked, LIABILITY COVERAGE for hired and borrowed autos applies on a primary basis and for purposes of the condition entitled OTHER INSURANCE, any covered "auto" you hire or borrow Is deemed to be a covered "auto" you own. PHYSICAL DAMAGE COVERAGE COVERAGES LIMIT ESTIMATED RATE PER ADVANCE THE MOST WE WILL PAY FOR ANY ONE ACCIDENT TOTAL OF AUTOIDAY PREMIUM OR LOSS AUTOfDAYS OF HIRED AUTOS COMPREHENSIVE $ 50,000. or Actual Cash Value or Cost of Repair, 14 INCL. INCL. IN whichever Is smallest, minus $ 5,000. deductible for COMPOSITE each covered -auto" . No deductible applies to "loss" RATE caused by fire or lightning. SPECIFIED or Actual Cash Value or Cost of Repair, whichever is CAUSES OF LOSS smallest, minus $25 deductible for each covered "auto" for "loss" caused by mischief orvandalism. COLLISION $ 50,OOD.or Actual Cash Value or Cost of Repair, 14 INCL. INCL. IN whichever is smallest, minus $ 5,000. deductible for COMPOSITE each covered "auto" RATE TOTAL ADVANCE PREMIUM: INCL. IN COMPOSITE RATE XX If this box is marked, PHYSICAL DAMAGE COVERAGE for hired and borrowed autos applies on a direct primary basis and for purposes of the condition entitled OTHER INSURANCE, any covered "auto" you hire or borrow is deemed to be "auto" you own. Form HA nn 9F n9 4F — •- SCHEDULE OF COVEEII /AUTOS YOU OWN Policy Number: 72 UEN GK5491 K2 This endorsement is effective an the inception date of the policy unless another date is indicated below: Effective Date: Covered Auto No. Description • Year, Model, Trade Name, Body Type Vehicle Identification No. (VIN) City or Town and State where the covered "auto" will be principally garaged OrigpmlCastNew (Chassis including special or 113IMSYrnbal Aulo Mad Pay Un t(areath hawed Cov. AF Territory Code Tax Code classification Code Size GWJor GCW or Vehide Seating Capacity RadMsaFOper�onLdodFk�tmeda� ,likingf>m Use S=Servim, R4tetaA, C=CanmercW, Odw(Desalbe) Lessor No. Loss Payee No. Deductible PER SCHEDULE ON FILE WITH COMPANY Garaged: Deducible stow Amount PIP Premium CAv. AC. Auto Med Pay Premium Cov. AF Undeftured Motariah Pfemt en Cov. AGU Radius of Operation; Rate use: Rate Cov. AT Garaged: INCLUDED $ IN $ COMPOSITE $ RATES $ Coverage Radius of Oparatlon: $ Use • $ $ Garaged: $ $ $ $ $ Radius of Operation: s Use: $ Garaged: $ $ $ Coverage Radius of Operation: Use: Premiums and Limits • Aoeence, it any, or a amt enuy oelow means mat me amn envy snown In me cwresponaing n em i vvu or ule DPr1mmdnn5 Limit Cnlumn annlics Inatnmd. Covered Auto No. Liability Prernium Cov AA Added PIP Prem. Cov. AD Aulo Mad Pay Un t(areath hawed Cov. AF Uninsured Motnbts Preadum Cov. AG Physical Damage (non - Collision ) Collision CovAR Towing and labor Premium Coverage*. PPI Prem. Cov. AE OBEL Prem. Cov. AV Deductible Staled Amount Deducible stow Amount PIP Premium CAv. AC. Auto Med Pay Premium Cov. AF Undeftured Motariah Pfemt en Cov. AGU Premium Rate Premium Rate Cov. AT INCLUDED $ IN $ COMPOSITE $ RATES $ Coverage $ $ $ $ $ $ $ $ $ $ s $ $ $ $ $ $ Coverage $ $ $ $ $ $ $ $ $ s $ $ s $ $ $ $ Coverage $ $ $ $ $ s $ $ $ $ $ $ $ $ $ $ $ Coverage $ $ $ $ $ $ $ $ $ $ $ $ $ 'Indicate applicable PHYSICAL DAMAGE (Non - Collision) Coveraoa for each Covered "Awn" Loss Payee (Identified by Covered Auto No.) Except for Towing, all physical damage "loss" Is payable to you and the loss payee L_J If this box is marked " U Loss Payees are Identified by Loss Payee No, on the Schedule of Loss Payees. Form HA 00 12 06 92 Printed in U.S.A. Page-1--of-1 —Pages © 1985, The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright Insurance Services Me Inc.. 198ti.1 POLICY NUMBER: 72 LIEN Gk& K2 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED INSURED 1. ALL AMERICAN ASPHALT 2. ALL AMERICAN AGGREGATES 3. MORE TRUCK LINES 4. DIX LEASING CORPORATION S. CAMCO 6. DANIEL D. SISEMORE & BETTY L. SISEMORE TRUST 7. ALL AMERICAN EXPRESS Form IH 12 00 11 85 Printed in U.S.A. Quick Reference Commercial Auto Coverage Part Business Auto Coverage Form READ YOUR POLICY CAREFULLY BUSINESS AUTO COVERAGE FORM DECLARATIONS o Named Insured And Address o Coverages And Limits Of Insurance BUSINESS AUTO COVERAGE FORM Beginning on Page SECTION I - Covered Autos o Description of Covered Auto Designation Symbols...................... ............................... o Owned Autos You Acquire After the Policy Begins......................... ............................... o Certain Trailers, Mobile Equipment And Temporary Substitute Autos ....................... SECTION it • Liability Coverage • Coverage ..................... ............................... • Who Is An Insured ....... ............................... • Coverage Extensions - Supplementary Payments .................... - Out of State ........... ............................... • Exclusions ................... ............................... • Limit of Insurance ........ ............................... SECTION it - Physical Damage Coverage • Coverage ................ ............................... • Exclusions .............. ............................... • Limit of Insurance ... ............................... • Deductible .............. ............................... Form HA 00 0412 90 Printed in U.S.A. 1 1 2 2 2 3 3 3 5 Beginning on Page SECTION IV - Business Auto Conditions o Loss Conditions - Appraisal For Physical Damage Loss..... 7 - Duties In The Event of Accident, Claim, Suit or Loss_ ..... ......................... ...... 7 - Legal Action Against Us ...................... 7 Loss Payment - Physical Damage Coverages ........... ............................... 7 Transfer Of Rights Of Recovery Against Others To Us ....... ............................... 8 o General Conditions Bankruptcy ............ ............................... 8 - Concealment, Misrepresentation Or Fraud 8 - Liberalization ......... ............................... 8 No Benefit To Bailee - Physical Damage Coverages ........... ............................... 8 Other Insurance .... ............................... 8 Premium Audit ...... ............................... 8 Policy Period, Coverage Territory ........ 9 Two Or More Coverage Forms Or Policies Issued By Us ......................... 9 SECTION V - Definitions . ............................... 9 • • COMMERCIAL AUTO CA 00 0112 93 BUSINESS AUTO COVERAGE FORM Various provisions In this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we ", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V - DEFINITIONS. SECTION I - COVERED AUTOS ITEM TWO of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos ". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos ". A. DESCRIPTION OF COVERED AUTO DESIGNATION SYMBOLS SYMBOL DESCRIPTION 1 = ANY "AUTO ". 2 = OWNED "AUTOS" ONLY, Only those "autos" you own (and for Liability Coverage any "trailers" you don't own while attached to power units you own). This Includes those "autos" you acquire ownership of after the policy begins. 3 = OWNED PRIVATE PASSENGER "AUTOS" ONLY. Only the private passenger "autos" you own, This includes those private passenger "autos" you acquire ownership of after the policy begins. 4 =OWNED "AUTOS" OTHER THAN PRIVATE PASSENGER "AUTOS" ONLY. Only those "autos" you own that are not of the private passenger type (and for Liability Coverage any "trailers" that you don't own while attached to power units you own). This includes those "autos" not of the private passenger type you acquire ownership of after the policy begins. 5 = OWNED "AUTOS" SUBJECT TO NO- FAULT. Only those "autos" you own that are required to have No -Fault benefits in the state where they are licensed or principally garaged, This includes those "autos" you acquire ownership of after the policy begins provided they are required to have No -Fault benefits in the state where they are licensed or principally garaged. 6 = OWNED "AUTOS" SUBJECT TO A COMPULSORY UNINSURED MOTORISTS LAW. Only those "autos" you own that because of the law in the state where they are licensed or principally garaged are required to have and cannot reject Uninsured Motorists Coverage. This Includes those "autos" you acquire ownership of after the policy begins provided they are subject to the same state uninsured motorists requirement. 7 = SPECIFICALLY DESCRIBED "AUTOS ". Only those "autos" described in ITEM THREE of the Declarations for which a premium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in ITEM THREE). 8 = HIRED "AUTOS" ONLY. Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent, or borrow from any of your employees or partners or members of their households. 9 = NONOWNED "AUTOS" ONLY. Only those "autos" you do not own, lease, hire, rent or borrow that are used In connection with your business. This Includes "autos" owned by your employees or partners or members of their households but only while used In your business or your personal affairs. B. OWNED AUTOS YOU ACQUIRE AFTER THE POLICY BEGINS 1. if symbols 1, 2, 3, 4, 5 or 6 are entered next to a coverage in ITEM TWO of the Declarations, then you have coverage for. "autos" that you, acquire of the type described for the remainder of the policy period. CA 00 01 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 1 of 11 n 2. But, if symbol 7 is entered next to a coverage in ITEM TWO of the Declarations, an "auto" you acquire will be a covered "auto" for that coverage only If: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. C. CERTAIN TRAILERS, MOBILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto ". 3. Any "auto" you do not own while used with the permission of Its owner as a temporary substitute for a covered "auto" you own that Is out of service because of its; a. Breakdown; b. Repair; c. Servicing; If Liability Coverage is provided by this Coverage d. "Loss "; or Form, the following types of vehicles are also a. Destruction covered "autos" for Liability Coverage: SECTION 11 • LIABILITY COVERAGE A. COVERAGE We will pay all sums an "Insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto ". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of covered "autos ". However, we will only pay for the "covered pollution cost or expense" If there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident ". We have the right and duty to defend any "insured" against a "suit" asking for such damages or a "covered pollution cost or expense ". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "property damage" to which this Insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. WHO IS AN INSURED The following are "Insureds ". a. You for any covered "auto". b. Anyone also while using with your permission a covered "auto" you own, hire or borrow except: (1) The owner or anyone else from whom you hire or borrow a covered "auto ". This exception does not apply if the covered "auto" is a 'trailer" connected to a covered "auto" you own. (2) Your employee If the covered "auto" Is owned by that employee or a member of his or her household. (3) Someone using a covered "auto" while he or she Is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your employees, Partners, a lessee or borrower or any of their employees, while moving properly to or from a covered "auto ". Page 2 of 11 Copyright, Insurance Services Office, Inc., 1993 CA 00 0112 93 (5) A partner of yours for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. 2. COVERAGE EXTENSIONS a. Supplementary Payments. In addition to the Limit of Insurance, we will pay for the "insured ": (1) All expenses we incur. (2) Up to $250 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release attachments in any "suit" we defend, but only for bond amounts within our Limit of insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earning up to $100 a day because of time off from work. (5) All costs taxed against the "Insured" in any "suit" ws defend. (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" we defend, but our duty to pay Interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. b. Out -of -State Coverage Extensions. While a covered "auto" is away from the state where it Is licensed we will: (1) Increase the Limit of Insurance for Liability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. 40 (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out -of -state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. EXCLUSIONS This insurance does not apply to any of the following: 1. EXPECTED OR INTENDED ,INJURY "Bodily injury" or "property damage" expected or Intended from the standpoint of the "insured ". 2. CONTRACTUAL Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an 'insured contract" provided the "bodily Injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or b. That the "insured" would have in the absence of the contractor agreement. 3. WORKERS' COMPENSATION Any obligation for which the "Insured" or the "Insured's" Insurer may be held liable under any workers' compensation, ftbillty benefits or unemployment compensation law or any similar law. 4. EMPLOYEE INDEMNIFICATION AND EMPLOYER'S LIABILITY "Bodily injury" to: a. An employee of the "insured" arising out of and in the course of employment by the "insured "; or b. The spouse, child, parent, brother or sister of that employee as a. consequence of paragraph a. above. CA 00 01 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 3 of 11 E This exclusion applies: 10. COMPLETED OPERATIONS (1) Whether the "insured" may be liable as "Bodily injury" or "property damage" arising out an employer or in any other capacity; of your work after that work has been completed and orabandoned. (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily injury" to domestic employees not entitled to workers' compensation benefits or to liability assumed by the "Insured" under an "insured contract ". 5. FELLOW EMPLOYEE "Bodily Injury" to any fellow employee of the "Insured" arising out of and in the course of the fellow employee's employment. 6. CARE, CUSTODY OR CONTROL "Property damage" to or "covered pollution cost or expense" involving property owned or transported by the 'insured" or in the "Insured's cars, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. HANDLING OF PROPERTY "Bodily injury" or "property damage" resulting from the handling of property: a. Before It is moved from the place where it Is accepted by the "Insured" for movement Into or onto the covered "auto'; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured ". 8. MOVEMENT OF PROPERTY BY MECHANICAL DEVICE "Bodily Injury" or "property damage" resulting from the movement of property by a mechanical device (other than a hand truck) unless the device Is attached to the covered "auto ". 9. OPERATIONS "Bodily injury" or "property damage" arising out of the operation of any equipment listed in paragraphs 6.b. and 6.c. of the definition of "mobile equipment ". In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished In connection with such work or operations. Your work includes warranties or representations made at any time with respect to the fitness, quality, durability or performance of any of the items included in paragraphs a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for In your contract has been completed. (2) When all of the work to be done at the site has been completed If your contract calls for work at more than one site. (3) When that part of the work done at a fob site has been put to Its Intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance correction, repair or replacement, but which Is otherwise complete, will be treated as completed. 11. POLLUTION "Bodily Injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants ": a. That are, or that are contained In any property that is: (1) Being transported or towed by, handled, or handled for movement Into, onto or from, the covered "auto "; (2) Otherwise in the course of transit by or on behalf of the "insured "; or Page 4 of 11 Copyright, Insurance Services Office, Inc., 1993 CA 00 01 12 93 0 (3) Being stored, disposed of, treated or processed in or upon the covered "auto'; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "Insured" for movement into or onto the covered "auto "; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "Insured ". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from, the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged or released directly from an "auto" part designed by Its manufacturer to hold, store, receive or dispose of such "pollutants "; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in paragraphs 6.b. and 6.c. of the definition of "mobile equipment ". Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "Insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto'; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 12. WAR "Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition Incident to war. War Includes civil war, Insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. 13. RACING Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. LIMfr OF INSURANCE Regardless of the number of covered "autos ", "insureds ", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined, resulting from any one "accident" is the Limit of Insurance for Liability Coverage shown in the Declarations. Ali "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continuous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident ". No one will be entitled to receive duplicate payments for the same elements of "loss" under this Coverage Form and any Medical Payments Coverage endorsement, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. SECTION III - PHYSICAL DAMAGE COVERAGE A. COVERAGE b. Specified Causes of Loss Coverage Caused 1. We will pay for "loss" to a covered "auto" or its by: equipment under: (1) Fire, lightning or explosion; a. Comprehensive Coverage. From any cause (2) Theft; except: (3) Windstorm, hail or earthquake; (1) The covered "auto's" collision with (4) Flood; another object; or (2) The covered "auto's" overturn. (5) Mischief or vandalism; or CA 00 01 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 5 of 11 a. Nuclear Hazard. (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioactive contamination, however caused, Page 6 of 11 Copyright, Insurance Services office, Inc., 1993 CA 00 0112 93 (6) The sinking, burning, collision or b, War or Military Action. derailment of any conveyance (1) War, Including undeclared or civil war. transporting the covered "auto ". (2) Warlike action by a military force, c. Collision Coverage. Caused by: including action in hindering or (1) The covered "auto's" collision with defending against an actual or expected .another object; or attack, by any government, sovereign or (2) The covered "auto's" overturn. other authority using military personnel or other agents; or 2. Towing, (3) Insurrection, rebellion, revolution, We will pay up to the limit shown in the usurped power or action taken by Declarations for towing and labor costs incurred governmental authority In hindering or each time a covered "auto" of the private defending against any of these, passenger type Is disabled. However, the labor must be performed at the place of disablement. 2. We will not pay for "loss" to any covered "auto" while used in professional or-organized racing or 3. Gass Breakage Hitting a Bird or Animal - demolition contest or stunting activity, or while Falling Objects or Missiles. practicing for such contest or activity. We will If you carry Comprehensive Coverage for the also not pay for "loss" to any covered "auto" damaged covered "auto ", we will pay for the while that covered "auto" Is being prepared for following under Comprehensive Coverage: such a contest or activity. a. Glass breakage; 3. We will not pay for "loss" caused by or resulting b. "Loss" caused by hitting a bird or animal; from any of the following unless caused by other and "loss" that Is covered by this Insurance: c. "Loss" caused by falling objects or missiles. a. Wear and tear, freezing, mechanical or However, you have the option of having glass electrical breakdown. breakage caused by a covered "auto's" collision b. Blowouts, punctures or other road damage or overturn considered a "loss" under Collision to tires. Coverage. 4. We will not pay for "loss" to any of the following: 4. Coverage Extension. We will pay up to $15 per a. Tapes, records, discs or other similar audio day to a maximum of $450 for transportation visual or data electronic devices designed expense Incurred by you because of the total for use with audio, visual or data electronic theft of a covered "auto" of the private equipment. passenger type. We will pay only for those b. Equipment designed or used for the covered "autos" for which you carry either detection or location of radar. Comprehensive or Specified Causes of Loss Coverage. We will pay for transportation c An electronic u men without regard to q expenses incurred during the period beginning tl lit permanently whether this equipment P y 46 hours after the theft and ending, regardless installed, that receives or transmits audio, of the policy's expiration, when the covered visual or data signals and that is not "auto" is returned to use or we pay for its "loss ". designed solely for the reproduction of B. EXCLUSIONS sound. I. We will not pay for "loss" caused by or resulting d. Any accessories used with the electronic from any of the following. Such "loss" is equipment described In paragraph c. above. excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss ". a. Nuclear Hazard. (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioactive contamination, however caused, Page 6 of 11 Copyright, Insurance Services office, Inc., 1993 CA 00 0112 93 0 Exclusions 4.c, and 4.d. do not apply to: a. Equipment designed solely for the reproduction of sound and accessories used with such equipment, provided such equipment is permanently installed in the covered "auto" at the time of the "loss" or such equipment is removable from a housing unit which Is permanently installed in the covered "auto" at the time of the "loss ", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto "; or b, Any other electronic equipment that is: (1) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; 0 (2) An integral part of the same unit housing any sound reproducing equipment described In a. above and permanently Installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. C. LIMIT OF INSURANCE The most we will pay for "loss" In any one "accident" is the lesser of: 1. The actual cash value of the damaged or stolen property as of the time of the "loss'; or 2. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. D. DEDUCTIBLE or For each covered "auto ", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comp'Fehensivs Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. SECTION IV - BUSINESS AUTO CONDITIONS The following conditions apply in addition to the (1) How, when and where the "accident" or Common Policy Conditions: 'loss" occurred; A. LOSS CONDITIONS (2) The "Insured's" name and address; and 1. APPRAISAL FOR PHYSICAL DAMAGE LOSS (3) To the extent possible, the names and If you and we disagree on the amount of "loss ", addresses of any iroured persons and either may demand an appraisal of the "loss ". witnesses. In this event, each party will select a competent b. Additionally, you and any other involved appraiser. The two appraisers will select a "insured" must: competent and impartial umpire. The appraisers will state separately the actual cash value and amount of "loss ". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS a. in the event of "accident ", claim, "suit" or "loss ", you must give us or our authorized representative prompt notice of the "accident" or "loss ". Include: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "Insured's" own cost. (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit". (3) Cooperate with us In the investigation settlement or defense of the claim or "Suit". (4) Authorize us to obtain medical records or other pertinent Information, (5) Submit to examinatlon, at our expense by physicians of our choice, as often as we reasonably require. CA 00 011 112 93 Copyright, Insurance Services Office, Inc., 1993 Page 7 0 f 11 0 c, If there is "loss" to a covered "auto" or Its equipment you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen, (2) Take ail reasonable steps to protect the covered "auto" from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. (4) Agree to examination under oath at our request and give us a signed statement of your answers. 3. LEGAL ACTION AGAINST US No one may bring a legal action against us under this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Liability Coverage, we agree in writing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment after trial. No one has the right under this policy to bring us into an action to determine the "insured's" liability. 4. LOSS PAYMENT • PHYSICAL DAMAGE COVERAGES At our option we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. 5. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any person organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" Impair them. 0 B, GENERAL CONDITIONS 1. BANKRUPTCY Bankruptcy or insolvency of the "insured" or the "Insured's" estate will not relieve us of any obligations under this Coverage Form. 2, CONCEALMENT, MISREPRESENTATION OR FRAUD This Coverage Form Is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "Insured", at any time, Intentionally conceal or misrepresent a material fact concerning: a. This Coverage Form; b. The covered "auto "; c. Your Interest in the covered "auto "; or d. A claim under this Coverage Form, 3. LIBERALIZATION If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automettcally provide the additional coverage as of the day the revision Is effective in your state. 4. NO BENEFIT TO BAILEE - PHYSICAL DAMAGE COVERAGES We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provision of this Coverage Form. 5. OTHER INSURANCE a. For any covered "auto" you own, this Coverage Form provides-primary insurance. For any covered "auto" you don't own, the Insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which Is a "trailer" is connected to another vehicle, the Liability Coverage this Coverage Form provides for the " trailer" is: (1) Excess while it is connected to a motor vehicle you do not own. (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered" auto ". Page 8 of 11 Copyright, Insurance Services Office, Inc., 1993 CA 00 01 12 93 6i c. Regardless of the provisions of paragraph a. above, this Coverage Form's Liability Coverage is primary for any liability assumed under an "insured contract ". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we Will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. PREMIUM AUDIT a. The estimated premium for this Coverage Form is based on the exposure you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, If any. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on out rates or premiums in effect at the beginning of each year of the policy. 0 7. POLICY PERIOD, COVERAGE TERRITORY Under this Coverage Form, we cover "accidents" and "losses" occurring: a. During the policy period shown in the Declarations; and b. Within the coverage territory. The coverage territory is: a. The United States of America; b. The territories and possessions of the United States of America; c. Puerto Rico; and d. Canada. We also cover "loss" to, or "accidents" Involving, a covered "auto" while being transported between any of these places. 8. TWO OR MORE COVERAGE FORMS OR POLICIES ISSUED BY US If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us apply to the same "accident", the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. SECTION V • DEFINITIONS A. "Accident" includes continuous or repeated exposure to the same conditions resulting in 'bodily injury" or "property damage ". B. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads but does not include "mobile equipment ". C. "Bodily injury" means bodily Injury, sickness or disease sustained by a person including death resulting from any of these. D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand or order; or 2. Any claim or "suit" by or on behalf of a governmental authority demanding that the "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants ". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants ": a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled, or handled for movement Into, onto or from the covered "auto "; (2) Otherwise in the course of transit by or on behalf of the "Insured' (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; or b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement Into or onto the covered "auto'; or CA 00 01 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 9 of 11 n c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "Insured ". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants "; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in paragraphs 6.1b. or 6.c. of the definition of "mobile equipment ". Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto "; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" Is caused directly by such upset, overtum or damage. E. "Insured" means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" G. is brought. H F. "Insured contract" means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, except In connection with construction or demolition operations on or within 50 feet of a railroad; E 4. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; 5. That part of any other contract or agreement pertaining to your business (including an Indemnification. of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; 6_ That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your employees, of any "auto ". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your employees to pay for "property damage" to any "auto" rented or leased by you or any of your employees. An "insured contract" does not include that part of any contract or agreement: a. That Indemnifies any person or organization for "bodily Injury" or "property damage" arising out of construtvtion or demolition operations, within 50 feet of any railroad property and affecting arty railroad bridge or trestle, tracks, roadbeds; tunnel, underpass or crossing; or b. That pertains to the loan, lease or rental of an "auto" to you or any of your employees if the "auto" Is loaned, leased or rented with a driver, or c. That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization Is authorized to serve by public authority. "Loss" means direct and accidental loss or damage. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; Page 10 of 11 Copyright, Insurance Services Office, Inc., 1993 CA 00 01 12 93 0 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; 4, Vehicles, whether self - propelled or not, maintained primarily to provide mobility to permanently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers. 5. Vehicles not described in paragraphs 1., 2., 3„ or 4. above that are not self - propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: a. Air compressors, pumps and generators, Including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers. 6. Vehicles not described in paragraphs 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self - propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos ": a. Equipment designed primarily for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; 6 b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting or well servicing equipment. I. "Pollutants" means any solid, liquid, gaseous or thermal Irritant or contaminant, Including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. J. "Property damage" means damage to or loss of use of tangible property. K. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "property damage'; or 2. A "covered pollution cost or expense ", to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the "Insured" must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the Insured submits with our consent. L. 'Traller" includes semitrailer. CA 00 01 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 11 of 11 X11 I CC. Ca co Insurake Brokers & April 30, 2003 City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658915 RE: All American Asphalt e0s, Inc. 990 City Parkway West, suite WO Orange, CA 928994947 Ph: (714) 937 -7821 Px:(714) 6347328 Lee. No. OB29307 This letter serves as the addendum to the certificate of insurance issued on behalf of our client, All American Asphalt, dated 4/30/03. In regards to the workers' compensation carrier, the insurer's policy payment obligations are backed by a cut - through to National Indemnity Company, an A ++ rated Berkshire Hathaway subsidiary. As National Indemnity is rated A ++ by A.M. Best, this will satisfy the requirements of the carrier rating as per the contract. (( 6romanue Cepm�ppnka • • IMPO UNVER A CUCT�THRoUjh %REEME�TGHTS NATIONAL INDEMNITY COMPANY Insurance Policy (the "Policy") to which this nodes applies: Insurer (the "Company "): Eagle Pacific Insurance Company Policy Inception Date: 01101/2003 Policy Nn.: 180302463 Named Insured (the "Insured1j: All American Asphalt (A Corp) The Notice Inception Date is 12(23102 For value recelved, National Indemnity Company (hereinafter referred to as "National indemnity) agrees that In the event the Company does not pay amounts otherwise payable under the Polley as a result of a court of competent jurisdiction or the state insurance regulatory authority in the Company's domloliiary state (" insurance regulatory authority") Issuing an order finding such Company th be insolvent or entering an order to the Company which legally prohibits the Company from paying Polley amounts otherwise payable because of the Company's financial condition, then National Indemnity will pay on behalf of the Company 100% of any amount payable by the Company under the Policy that has not been previously paid by the Company, subject always to to Other tarts, conditions, exclusions and limitations of the Policy. National Indemnity will make such payment directly to the Insured (or to Ito mortgagees, assignees or loss payees, as their Interests may appear) In the event of first party coverages, or directly to the claimant or clalrnants to whom the Insured Is legally liable In the event of third -party coverages. As a condition of National Indemnity's payment obligation. ftte Insured, after receiving actual notice of the receivership or insolvency of the Company, shall provide prompt wren notice to National Indemnity, attention: Kemper Cut - Through, at Its statutory Home Office as on record with the National Association of Insurance Commissioners, of any claim or suit for which National Indemnity may be liable by reason of this agreement herein. As a condition precedent to payment hereunder, National indemnlly shall be deemed to have all the rights of fife Company and be subrogated to all the rights of the Insured to the extent of such payment. In the case of third- partyy liability coverages, payment shall be due hereunder only after any one of the following three conditions is met: (1) the claimant obtains a judgment against the Insured or the Company after actual trial by a court of competent Jurisdiction; or (2) the claimant enters Into a settlement with the Insured or the Company approved by National Indemnity; or (3) the claimant enters into a settlement with the insured or the Company approved by the Company prior to It being declared Insolvent or prohibited from paying amounts due under the Policy. None of these conditions shall apply to first -party coverages, including but not limited to any state wo*era' compensation or similar federal compensation coverages that may be provided by the Policy. I Iryl .I1 IL 60 30 (Rd. 12 02) Page 1 of 2 Printed In U.S.A. Upon the Company being *red Insolvent or being legally prohibited fa paying Policy amounts otherwise payable because of the Company's financial oondit)on by a court of ccmpe(0[)urisdlcd0n or insurance regulatory authority or upon any insurance regulator assuming any control oust the Company's claims handling pracaaa, National Indemnity has the right, but not the duty, to assume shy obligation the Company may have to provide a defense to the Insured, if such an obligation is created by the Policy. If National Indemnity does not assume such obligation, it will reimburse the Insured for the reasonable cost of such defense to the axtent that the Company would have been obliged to pay such cast under Its obligatlon to defend, NaWrial Indemnity and the Insured will cooperate In the selection of defense counsel at the oommahcament of 1111gaft. Nothing herein 811211 make National Indemnity the insurer under the Policy, National Indemnity's obligation hereunder is limited to the Company's obligations under the Policy and shall not Include any payment arising under claims of bad faith, extra contractual obligations or payments In excess of policy limits. In the event the Notice Inception Dete is later than the Policy Inception Date, ten this Notice doge not apply to any damages, offense or loss of any nature for which coverage is otherwise provided under the Policy If such damages, offense or loss "commences" In whole or in part prior to the Notice Inception Date, even if such damages, offense or lose continues, is alleged to canfinue, or is deemed to continue on or after the Notice Inception Date. For the purpoxes of this Notre only, "commences" shall mean: (1) first occurs, Is alleged to first occur or Is deemed to first occur; or (li) incepts, is alleged to Incept or is deemed to inobpt; or (i1I) first mariftats, is alleged to have first manifested, or Is deemed to have first manifested,'Commance" is the earliest point In finis of (1). Qq or (nr). National Indemnity has no liability to make payments or reimburse any person for payments If the payments were incurred in connection with or were in any way related to such excluded damages, offense or loss. NATIONAL INDEMNITY COMPANY President IL 80 39 (Ed. 12 02) EAGLE PACIFIC INSURANCE COMPANY aa'►w., i� Chief Executive Officer Page 2 of 2 Printed In U.S.A. (tn. 4 -134) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. Person or Organization Schedule Job Description WHERE REQUIRED BY WRITTEN CONTRACT, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. The City of Newport Beach, its officers, officials, employees and volunteers 3300 Newport Blvd P.O. Box 1768 Newport Beach, Ca 92658 -8915 Project Newport Center Drive and San Nicholas Drive Resurfacing; Contract No. 3561 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 1/1/03 Policy No. 1S0302463 Endorsement No. 6 Insured All American Asphalt (A Corp) Policy Effective Date 1/1/03 Insurance Company Eagle Pacific Insurance Company Countersigned By %�•, „`'.."r WC 04 03 06 (Ed. 4 -84) 01928 by the workers' Compensation IMurance Raang Bureau of Californla. All rights reserved. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL NEWPORT CENTER DRIVE and SAN NICHOLAS DRIVE RESURFACING CONTRACT NO. 3561 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3561 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 Lump Sum Mobilization Elcr axau.sand , I re .AwndfetY @`` Dollars e� and of Cents Per Lump Sum 2. Lump Sum Traffic Contr I O'K-aA, aruu.aa••d Id�d @ 11 :, Dollars and 62? Cents $ Per Lump Sum 3. 452,000 S.F. Cold Mill Asphalt Concrete Pavement @ Dollars and o, i Cents $ . R $ .3f�,1 LD Per Sq are Foot • PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Crack Seal @4 t�oxsa#qd Dollars and Cents Per Lump Sum 5. 5650 Tons 2 -inch Thick Asphalt Concrete Overlay @ Dollars and Cents Per Ton 6. 820 Tons Variable Thickness Asphalt Concrete Overlay @ !*,.A, r;itiu Dollars and Cents Per Ton 7. 50 S.F. Remove and Reconstruct Asphalt Concrete Pavement _Dollars and Cents Per Square Foot 8. 39 EA 9. 13 EA Adjust Water and Cover �a7 Dollars / and Cents Per Each Adjust Manhole Frame and Cover to Grade @ e ollars and Cents Per Each $ 3q °" $ °" $ Rq r f)gLe�e a See APflRNDuw : L a $ '70. 5 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO.2 Page: 1 of 2 NEWPORT CENTER DRIVE AND SAN NICHOLAS DRIVE RESURFACING CONTRACT NO C -3561 DATE: April 21, 2003 TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same.. PROPOSAL A. Delete Item Number 7 and replace with the following: 7. 40,100 S.F. Remove and Reconstruct Asphalt Concrete Pavement A r Dollars and 4-en _ —Cents Per Square Foot $ $ lb V. V10 A ttusenilpbwlsharedlcontractsx1y 02 -03lnewport center rehabilitation c- 3661\addendum #2.doc B. Delete Item Number 8 and replace with the following: 8. 67 EA Adjust Water Valve Box, Frame, and Cover to Grade Q hAYn tbADk�Ard4&xtyr,Dollars dand Cents Per Each C. Delete Item Number 10 and replace with the following: 10. 6 EA Adjust Survey Monument to Grade Q 4u o 4.cndudi Dollars and Cents Per Each Page: 2 of 2 $ '�Va0�' $ I q ' o' 09 60 qO- $ Qov.� $ Bidders must sign this Addendum No. 2 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 2 is attached. I have carefully examined this Addendum and have Included full payment in my Proposal. ALL AMERICAN ASPHALT Bidder's Name (Please Print) � Data f'VuseretpbwlsharedunntradsVy 02.03tnewpw centor rehabilitation a35611addendum N2.doc • • PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL Adjust Survey Monument to Grade Cents Per Each 11. 104 EA Traffic Loop Detector @ 4W-D (JUAdAaa1 Dollars and Cents Per Each 12. Lump Sum Pavement Traffic Striping, Markings, and Markers. pi&dr,a �hausan0l. f)LP- Mund.eal @h�h4 Fic/± Dollars and Cents Per Lump Sum 13. Lump Sum Construction S rveying @ Dollars and Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and Cents x--22-03 Date QD �1']0 I 94 1,10Io4 P Bidder's Telephonb and Fax Numbers 10 D13 A, N2. Bidder's License No(s). and Classifications) $ /$9 rs �e t/o-+_ $ Total Price (Figures) Bidder ALL AMERICAN ASPHALT Last saved by srooks03131 12003 133 PM EW Sersl pbvAshared lcontracts\masters\master formal conbaadoc 0 • Page- 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 NEWPORT CENTER DRIVE AND SAN. NICHOLAS DRIVE RESURFACING CONTRACT NO C -3561 DATE: April '17,2003 TO: ALL PLANHOLDERS The following changes, additions, deletions, o(clarittcations shall be made to the contract documents — all other conditions shall remain the same. A. CONTRACT Add to the end of Item No. 4 on page 3, `Should the project involve akemattve bid amounts, the bidder's bond shall be based on the highest of the altemative bids submitted." 13. SPECIAL PROVISIONS 1. Delete Section 2 -9.3 in its entirety and replace with the following: 2 -9.3 Survey Service. Add to this section: " The Contractor's Licensed Land Surveyor shall utilizeftilow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. fhe filing of a Comer Record andfor a Record of Survey with the County Surveyor' F�usnn3�pbwtshatecQcontractsty 02- 03 %n"W inter rehabilit ior, c- 3561\addendum doc Page: 2 of 2 All existing street centerline Has and property comer monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the work. Prior to construction, the Contractor is required to tie out all surface utilities and provide the city with a record of all be out points.. 2. Delete Section 5 -7 in its entirety and replace with the following 5-T. ADJUSTMENTS TO GRADE. "The contractor shall adjust to finish grade City - owned water valves, sewer manholes, sewer cleanouts and survey monuments. Prior to construction, the Contractor is required to tie out all city utilities and provide the city with a record of all tie out points. For adjustment of Southern California Edison, The Gas Company, SBC, cable television, and other Wlity facilities to the finish grade, the Contractor shall submit to the Engineer a written request specifying facilities to be adjusted. The City will contact each utility company and request each utility company to adjust its facilities per the franchise agreement and asking each utility company to coordinate the adjustments with the City's contractor. The Contractor shall then coordinate with each utility company for the adjustment s of those facilities." 3. Delete Item No. 8 and item No. 9 of Section 9-3 in its entirety and replace with the following: Item Np. 8 Adjust Water Valve Box, Frame, and Cover to Grade: Work under this item shall include all labor, tools, equipment and material costs to remove and replace all water valve frames and covers to grade in accordance with the City of Newport Beach STD - 508 -L, and all other work items as required to complete the work in place. Ism No. 9 Adjust Manhole to Grade: Work under this item shall include all labor, tools, equipment, and material costs to remove and replace ail manhole frames and covers to grade in accordance with the City of Newport Beach STD - 401 -L, and all other work items as required to complete the work in place. Bidders must sign this Addendum No.1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment In my Proposal. ALL &rieviCcw' L�da t+ Bidder's Name (Please Print) - ?,Z-- 03 r' \usersapbvJwharedloonbzdsVy 02- 03Mewport center rehabilitation c -366 dendum doc 0 0 1 1 1 1 2 2 2 2 2 2 2 3 3 3 3 �3 3 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS NEWPORT CENTER DRIVE AND SAN NICHOLAS DRIVE RESURFACING CONTRACT NO. 3561 INTRODUCTION PART 1-- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -9 SURVEYING 2 -93 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -2 CHANGES INITIATED BY THE AGENCY 3 -2.2 Payment 3 -2.2.2 Stipulated Unit Prices 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5-2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5-8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 1 1 1 1 2 2 2 2 2 2 2 3 3 3 3 �3 3 6-7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.8 Steel Plates 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 7 7 -10.7 Notices to Businesses 7 7 -15 CONTRACTOR'S LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 8 9 -3.2 Partial and Final Payment 10 PART 2 - -- CONSTRUCTION MATERIALS SECTION 214 PAVEMENT MARKERS 10 214-4 NONREFLECTIVE PAVEMENT MARKERS 10 2145 REFLECTIVE PAVEMENT MARKERS 10 SECTION 215 STORM DRAIN FILTERS 11 215-1 GENERAL 11 SECTION 216 VEHICLE DETECTORS 11 216-1 GENERAL 11 i PART 3 -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 11 300 -1 CLEARING AND GRUBBING 11 300 -1.3 Removal and Disposal of Materials 11 300 -1.3.1 General 11 300 -1.3.2 Requirements 12 300 -1.5 Solid Waste Diversion 12 SECTION 302 ROADWAY SURFACING 12 302 -5 ASPHALT CONCRETE PAVEMENT 12 302 -5.1 General 12 302 -5.4 Tack Coat 12 302 -5.10 Cold Milling and Paving Operations 12 SECTION 310 PAINTING 13 310 -5 PAINTING VARIOUS SURFACES 13 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 13 310 -5.6.7 Layout, Alignment and Spotting 13 310 -5.6.8 Application of Paint 13 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 14 312 -1 PLACEMENT 14 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIALS 14 400 -2 UNTREATED BASE MATERIALS 14 400 -2.1 General 14 400 -2.1.1 Requirements 14 f. \users \pbw\shared\conwacts\fy 02- 03\newport center rehabilitation c- 3561\specs index c- 3561.doc 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CONTRACT NO. 3561 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5817 -S; (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The filing of a Corner Record and /or a Record of Survey with the County Surveyor's Office is required after the Work completion. All existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the 0 0 SP 2 OF 14 Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -2 CHANGES INITIATED BY THE AGENCY 3 -2.2 Payment 3 -2.2.2 Stipulated Unit Prices Add to this section, "In the event that pumping of subgrade occurs, as verified by the Engineer and/or Inspector, require removal and replacement of 12" of crushed miscellaneous base to the bottom of the AC layer shall be shall be paid for by the stipulated unit price of $10 per square foot complete in place. 3-3 EXTRA WORK 3-3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4.1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in • • SP 3 OF 14 the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. For adjustment of Southern California Edison, The Gas Company, SBC, cable television, and other utility facilities to the finish grade, the Contractor shall submit to the Engineer a written request specifying facilities to be adjusted. The City will contact each utility company and request each utility company to adjust its facilities per the franchise agreement and asking each utility company to coordinate the adjustments with the City's contractor. The Contractor shall then coordinate with each utility company for the adjustment of these facilities. 5-8 SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. The contractor shall remove and salvage City-owned sewer manhole covers and grade rings and City owned water valve cans and covers, and furnish and install new sewer manhole cover and water valve covers prior to finish grade adjustment. Salvaged material shall be delivered to City Utilities Yard. SECTION 6--- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK • • SP 4 OF 14 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed'. No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. No work shall commence until the provisions of Section 1 -10.7, "Notice to Businesses" has been completed. The schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 30 consecutive working days after the date on the Notice to Proceed. " It shall be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1s << the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4t', the first Monday in September (Labor Day), November 111� (Veterans Day), the fourth Thursday in November (Thanksgiving), December 24th, (Christmas Eve — half day), December 25th (Christmas), and December 31$` (New Year's Eve — half day). 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 3:30 p.m. Monday through Friday. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. • • SP5OF14 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. The Contractor shall provide and install new valve boxes. All existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 - 3402." 7-8 PROJECT SITE MAINTENANCE 7-8.5 Temporary Light, Power and Water. Add to this section: `If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean." • • SP 6 OF 14 7-8.8 Steel Plates. The City can provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15.00 per plate per week or part thereof. In addition the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain plates from and return plates to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718 -3402. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 40.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 740.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the .pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer, The Contractor shall adhere to the conditions of the traffic control plan. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. The Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. The traffic control and detour plans must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. • 0 SP 7 OF 14 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the city's Refuse Superintendent, Mr. William Russo, at (949) 718 -3468 and all property owners." 5. The contractor shall maintain a minimum of one travel lane in each direction at all times. Access to businesses and driveways must be maintained at all times. All travel lanes shall be open during non - working hours. 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. • • SP 8 OF 14 The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Businesses. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent businesses, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent businesses a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built" correction plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9--- MEASUREMENT AND PAYMENT • 93 PAYMENT • SP9OF14 93.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all work necessary to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, obtaining permits (including a rider to the City's blanket Caltrans permit, preparing the SWPPP and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, 2001 edition, and City of Newport Beach Requirements. Item No. 3 Cold Mill Asphalt Pavement: Work under this item shall include all labor tools, equipment, and material costs for saw cutting, cold milling and disposing of the milled material and all other work items as required to complete the work in place. The depth of the overlay will vary to a maximum of 4" as shown on the plans. A 20' header cut shall be placed at both ends of San Nicholas Drive. Item No. 4 Crack Seal: Work under this item shall include all labor, tools equipment, and material costs for pavement clearing and cleaning, routing out the cracks, applying a soil sterileant/weed killer solution, crack sealing of the existing asphalt roadway to be resurfaced with a hot - applied crack sealant, applying an asphaltic tack coat to the roadway and all other work items as required to complete the work in place. Item No. 5 2 -inch Thick Asphalt Pavement Overlay: Work under this item shall include all labor, tools, equipment, and material costs for pavement clearing, tact coat, asphalt concrete pavement placement, compaction and all other work items as required to complete the work in place. Item No. 6 Variable thickness Asphalt Pavement Overlay: Work under this item shall include all labor, tools, equipment, and material costs for pavement clearing, tact coat, asphalt concrete pavement placement, compaction and all other work items as required to complete the work in place. 0 • SP 10 OF 14 Item No. 7 Remove Asphalt Concrete Pavement and Construct 8" AC over 6" AB Pavement: Work under this item shall include all labor, tools, equipment, and material costs for sawcutting, pavement and subgrade excavation and disposal, subgrade compaction, crushed miscellaneous base placement and compaction, tack coat, asphalt concrete placement and compaction and all other work items as required to complete the work in place. Item No. 8 Adjust Water Valve Box, Frame, and Cover to Grade: Work under this item shall include all labor, tools, equipment and material costs to adjust (and replace if necessary) all water valve frames and covers to grade and all other work items as required to complete the work in place. Item No. 9 Adjust/Reconstruct Manhole to Grade: Work under this item shall include all labor, tools, equipment, and material costs to adjust (and reconstruct if necessary) all manholes to grade and all other work items as required to complete the work in place. Item No. 10 Adjust Survey Monument to Grade: Work under this item shall include all labor, tools, equipment, and material costs for adjusting the survey monument to grade, filing the records with the County Recorder, and all other work items as required to complete the work in place. Item No. 11 Traffic Signal Loop Detector: Work under this item shall include all labor, tools, equipment, and material costs to replace the traffic loop detectors, make electrical connections, test and calibrate the new signal loop detector and all other work necessary to complete the work in place. The new signal loop detectors shall be Caltrans Type "E ". The new traffic signal loop detector system shall be fully operational to the satisfaction of the Engineer within five (5) days after the pavement finish course has been placed. Item No. 12 Traffic Striping, Markings and Markers: Work under this item shall include all labor, tools, equipment, and material costs for installing traffic striping and marking, raised pavement markers, fire hydrant raised pavement markers, temporary striping and marking, and all other work items as required to complete the work in place. Item No. 13 Construction Surveying: Work under this item shall include all labor, tools, equipment, and material costs to provide construction surveying, and all other work items as required to complete the work in place. 9 -3.2 Partial and Final Payment. Add to this section: 'Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 0 • SP 11 OF 14 CONSTRUCTION MATERIALS SECTION 214 - -- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass - covered reflective faces or be 3M Series 290." SECTION 215 -- -STORM DRAIN FILTERS 215 -1 GENERAL Filters shall be installed across inlets for all new catch basins that drain into new storm drain systems as shown on the plans. Insert widths shall match the curb opening widths of catch basins. SECTION 216 - -- VEHICLE DETECTORS 216 -1 GENERAL Loop detector sensor units will be Type E from Caltrans standard plan ES -5A and ES- 513 (2 or 4 channel). Loop wire shall be Type 1. Lead -in wire cable shall be Type B. The contractor shall test the detectors with motor driven cycle, as defined in the California Vehicle code that is licensed for street use by the Department of Motor Vehicles of the State of California. The unladen weight of the vehicle shall not exceed 220 pounds and the engine displacement shall not exceed 100 cubic centimeters. Special features, components or vehicles designed to activate the detector will not be permitted. The contractor shall provide an operator who shall drive the motor - driven cycle through the response or detection area of the detector at not less than 3 miles per hour, nor more than 7 miles per hour. The number of sensor units and lead -in cables required to achieve the specified shall be installed. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING • • SP 12 OF 14 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. City forces shall paint all roadway removal and replacement areas prior to the beginning of construction. 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words 1 '/: inch" of the last sentence with the words "Iwo (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 --- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used shall be III -C3 -AR -4000. All cracks '/4 -inch or greater in width shall be cleaned and sealed with a hot - applied crack sealant approved by the Engineer. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one — • SP 13 OF 14 tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302 -5.10 Cold Milling and Paving Operations. Add to this section: "Cold mill and paving operations are limited as follows: 1. After the pavement has been cold milled, new pavement shall be placed within three consecutive working days, and 2. all cold milled pavement and /or exposed aggregate base cannot be left unpaved at the end of each business week." SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: `The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 112 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section: 'Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at • • • SP 14 OF 14 s 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: "1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry," PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials." F:\USERS\PBW\Shared\ContracLs\FY 02- 03WEWPORT CENTER REHABILITATION C-3561 \SPECS C-3561.doc C - _3561 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 May 13, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department Sean Crumby, Junior Engineer C i• =; .6 •.' �i1J3 949 - 6443311 scrumby @city.newport- beach.ca.us SUBJECT: NEWPORT CENTER DRIVE AND SAN NICOLAS DRIVE RESURFACING - AWARD OF CONTRACT NO. 3561 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3561 to All American Asphalt for the total bid price of $576,576.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $57,000 to cover the cost of unforeseen work. 4. Approve a Budget Amendment transferring $223,300 of Gas Tax Funds from Account No. 7181- C5100593 to Account No. 7181- C5100700. DISCUSSION: At 10:D0 A.M. on April 24, 2003, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low All American Asphalt $576,576.00 2 R.J. Noble Company $594,246.00 3 Excel Paving $650,493.50 4 Ben's Asphalt Non Responsive Bid The low total bid amount is 9.3 percent below the Engineers Estimate of $636,000. The disparity between the Engineers estimate and the low total bid amount is due to a combination of lower bid prices. The low bidder, All American Asphalt, possesses a General Engineering Classification "A" contractors license as required by the project specifications. All American Asphalt has satisfactorily completed similar roadway rehabilitation projects for the City. Subject: Newport Center And San Nicolas Drive. Resurfacing — Award Antract No. 3561 May 13, 2003 Page: 2 The work provides for a 2 -inch deep grinding and removal of the existing roadway surface and the construction of 6,470 tons of asphalt concrete pavement. Selected failed sections of pavement are to be repaired prior to placement of the new asphalt surface, all water valves are to be replaced and adjusted to grade, and new pavement striping will be installed. In order to minimize inconvenience to the community, All American Asphalt is required to phase construction so that all ground pavement is resurfaced within 3 days, and one lane in each direction must remain open at all times. Environmental Review: This project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. The project involves removal and resurfacing of existing asphalt concrete roadway. Funding Availability: Staff requests approval of a Budget Amendment transferring $223,300 of Gas Tax Funds from Account No. 7181- C5100593 to Account No. 7181- C5100700. These funds are available for transfer due to the Newport and Balboa Boulevard Resurfacing Project being constructed for considerably less money than budgeted. Allocating the Gas Tax Funds that were not needed for the Newport/Balboa project to the Newport Center Drive and San Nicolas Drive project is an appropriate use of these funds. Subject to the approval of the above Budget Amendment, there are sufficient funds available in the following accounts for the work: Account Description Measure M Turnback Fund Gas Tax Fund Gas Tax Fund Water Fund Prepared by: Sean Crumby Junior Engineer Attachments: Project Location Map Bid Summary Account Number 7.281 C5100700 7181 C5100700 7181 C5100302 7501 C5500074 Total: Submitted by: Amount $340,330.00 $223,300.00 $53,746.00 $16,200.00 $633,576.00 Badum s Director 2 U Q MW NW 1.6 O a w Z U. O U Z W �N I.b a W 0 U) 2O �.i MJ W IL W 0 m U W Y d Q W (J a 0 _ N V Z W OQ Q � O J m c' m N i p `m C Lai, W J H f- m a o° E vi � U M w Q 2 w W Q w W W Z Z w ui a E Oi as x io U K Q i m m 0 °o N c d r N a a m N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 �- 0 0 0 0 0 0 0 0 0 0 IG 0 0 Z O O V O m m m m m N m 0 0 O O N V N m O t") V m m m N m O C (p O° M a m N N N N m 0 LO 0 Z O 0 0 0 0 0 0 0 0 0 0 0 0 W� 0 0 0 0 0 0 ~ p 0 C N V m 0 O 0 V r T s N N N O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 �mmmomm N 0 6 0 o o o o o o o w o 0 a oom�n o r C,5wm6 66C6 c6 C.o M M N M m N Q � N � Q N U E O 0 O 0 m 0 0 0 0 0 0 0 O O 0 O as O 0 O 0 O 0 Q N m m m O O O m m m M 7 0 0 0 O 0 O m m 0 n = Q Z f C O N m N N m N O M m ci W J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000000iri000pp00 0 O 2 O O m 0 0 Op tT In N 0 0 0 N iy N LL7 m m m N O O m V m N m y N L W Q (p N m 0000 oO 0 C, O O O O cn 0N w00000o�OM o m 00z LO 0 W W In N In 16 N J J J w J? H m W W W W Y Z Z .-- 000 i°noo N 0 m v 0 N m a v m 1ti m m 0 T O C m O@ t o U @ (� C Y p m a` O c° m i E E O m CL > m ay Q d > m IL m �U�oc a U m 'c (ii N Q Y W X m C J f/J p o U m E E c E U F m a i E w f3 O Q O � O a °o E m to U ONE N v 'z N as a C LU m Q W L) ..F-< y LZ� Q CL i r LL Z W U JZ(DO �OZw h U W d a, a x U D 7 N 0 O O U N 3 n n 'm d N F Z y -0 � r M O CL N Q d N C C N O Z D F- fO v 0 0 0 0 0 0 0 0 0 0 0 0 0 {-oo 00 0 to o o oo Lo ZC 00 O oornvuarnua�000 C v_oc Mr- or C C Cl) �O�CitiaO V CO t"f nl . =Oia.= 0 O M NaD R NN m Q 0 IL 00In OLD 0 0000 SO 0 w F-OO p Z O O ovav�°n��rnppo° O N —< p 0 0 N N CO N -F- W W W JJ A W >JJWnJ ~ o I m o tD O Q0 N M � V (1 Ln m Y m m � o � c N � � i O m y > o U �° (D c iE p m d O a° m g m F- > >a d >° V o c cr U aN m CL h d m LL a° w w m Q Y U X N E C y E 0 �sGS U U CT U es.. m mm E c m H F o m@ LL d p t C d m > O g c O Cn C C CL N— N D U r C z E d 0 m ¢ m U V7 N d d U C C U> O O 2 o o N v v 'O N N O F U U U U fr Q Q Q m R U F- a, a x U D 7 N 0 O O U N 3 n n 'm d N Sty of Newport Beach BUDGETAMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations PX Transfer Budget Appropriations SOURCE: from existing budget appropriations fq from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 067 AMOUNT: Szz3,3oo.00 Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance PX No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer funds for the Newport Center Drive and San Nicolas Drive Resurfacing Project, C -3561. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Amount Debit Credit $223,300.00 $223,300.00 S• 7-�� Date 2�5- /Date Date Description Division Number 7181 Gas Tax Fund Account Number C5100593 Newport - Balboa /16th St to 26th St Division Number 7181 Gas Tax Fund Account Number C5100700 Npt Ctr Drive and Fernleaf Rehab Division Number Account Number Division Number Account Number Division Number Account Number Signed: L Fi anti I Approval: Administr aYi ve Services Director Signed: 'Administrative A roval: City Manager Signed: City Council Approval: City Clerk Amount Debit Credit $223,300.00 $223,300.00 S• 7-�� Date 2�5- /Date Date city of Newport Beach* BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations AND X Transfer Budget Appropriations SOURCE: from existing budget appropriations rl from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer funds for the Newoort Center Drive and San Nicolas Drive ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 4� NO. BA- 067 AMOUNT: $z23,3o0.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance MAY 2003 C -3561. Amount Debit Credit REVENUE ESTIMATES (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Descdption Division Number 7181 Gas Tax Fund Account Number C5100593 Newport - Balboall6th St to 26th St $223,300.00 Division Number 7181 Gas Tax Fund Account Number C5100700 NO Ctr Drive and Femleaf Rehab $223,300.00 Division Number Account Number Division Number Account Number Division Number Account Number ' Autom Uc System Entry. Signed: % -!2!? Fi anci I Approval: Administ ive Services Director Date Ile Signed: ,y Administrative A royal: City Mana'ger DD7/a1t e 4y t x ' 0 3 Signed: V City Council Approval: Yity Clerk Date