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HomeMy WebLinkAboutC-3677 - Newport Heights, Cliffhaven, Seawind and Pacific View Street Rehabilitation and Southbound MacArthur Boulevard Median Modifications• CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC March 28, 2007 All American Asphalt P. O. Box 2229 Corona, CA 92878 -2229 Subject: Newport Heights, Cliffhaven, and Seaward Street Rehabilitation (C -3677) To Whom It May Concern: On March 28, 2006, 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 May 12, 2006. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 087 85102. Enclosed is the Faithful Performance Bond. Sincerely, -d?). LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. enclosure 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 EXECUTED IN UR (4) PARTS • CRY OF NEWPORT BEACH PUSUC WORKS DEPARTMENT [a BOND NO. Oaf 85 .102 The premium Char On this SON is $ 6,692.00 being at the rate of $ 4. thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of CaliWmia, by motion adopted, awarded to ALL AMERICAN ASPHALT, hereinafter designated as the "Principar, a contract for construction of NEWPORT HEIGHTS, CLIFFHAVEN, SEAWIND, AND PACIFIC VIEW PAVEMENT REHABILITATION AND. SOUTHBOUND MACARTHUR BOULEVARD MEDIAN MODIFICATIONS, Contract No. 3677 in the City o ., Newport Beach, in strict conformity with the plans. drawings, specifications, and other Contract "Documents maintained In the Public Works Department of the City of Newport Beads, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or Is about to execute.Contract No. 3677 and the terns thereof require the furnishing of a Bond for the faithful performance of the Contract NOW, THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY OF.'. MARYLAND duly authorized to transact business under the laws of the State of California as Surely (hereinafter "Surety's are held and firmly bound unto tyre City of Newport Beach, to the sum Of One MIIRon, Fwa Hundred Soventy -Four Thousand. Five Hundred Seroenty"Four DaUam and 001100 ($1,574,374.00) bwkd money of fie United States of America, said sum being equal to 100% Of the estimated amount of the Contract, to be paid to the City of Newport. Beach, tie successors, and assigns: for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, surs. or assigns. jointly and severally, firmly by these present. THE CONDfftON OF THIS OBLIGATION IS SUCH, that if the Principal, or the Pdncipars heirs. executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or an the work, covenants, conditions. and agreements In the Contract Documents and any alteration thereof made as twain provided on its part, to be kept and performed at the time and In the manner therein specified. and in all respects according to its true intent and meaning, or fails to Indemno, defend, and save harmless the City of Newport Beach, Its Officers, employees and agents, as therein stipulated. titan, Surety will faithfully perform the same, in an amount riot exceeding the sum specified in this Bond; otherwise this obligation stall become null and void. 28 As a part of the obligation securod hereby, and to addition to the face amount spec led in this Pea mom Bond; there shall be included Costs and reasonable expenses and fees. including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action In law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no Mange. extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the spedfx:ations accompanying the same shall in any way affect its obligations on this Band, and it does hereby waive notice of any such change, extension of time, alterations or addiions of the Contract onto the work or to the specifications. This FaWQ Per rmshoe Bond Shan be extended and maintained by the Principal in fun force and effect for one (1) year following the date of formal acceptance of the Protect 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 indrument has been duly executed by the Principal and Surety above named, an the 20tH day of June . 2005. ALL AMERICAN ASPHALT (Principal) FIDELITY AND DEPOSIT COMPANY Name of Surety OF MARYLAND 801 NO. BRAND BLVD GLENDALE, CA. 91203 Address of Surety SURETY: 818- 409 -2800 AGENT: 714- 935 -1112 Telephone OWEN:'M. BROWN, ATTORNET-IN -FACT Print Name and Tide NOTARY ACI(NOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Fi7 CALIFORNIA State of California County of Riverside Ss. On June 27 2005 before me, Debbie A. Matson, Notary Public, Date Name and ride of Officer Personally appeared Robert Bradley Name(4 of Signer(o DEBBIE A. MATSEN ""' CommWfon # 1452584 -® Notary Public - California Riverside County 0My Comm. Expues Nov22, 2007 OPTIONAL X personally known to me 4abefeeleptewd"M to be the persono) whose names) Wm subscribed to the within instrument and acknowledged D me that hefsheAhW executed the same in h"erAgeirauthodzed capacity fws,), and that by hisiberppeW signatureM on the instrument the personA or, the andty, upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, SiS gnalure of Notary blic Though the Information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Faithful Performance Bond. City of Newport Beach Document Date: June 20, 2005 Number of Pages: 2 Signer($) Other Than Named Above: Owen M. Brown Signer's Name: Robert Bradley Individual XCorporate Officer Ti le(s): Vice President _Partner- Limited _General _Attomey -in -Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Top of thumb here AV Smote of calJfortda j J} ss. Comfy of QRANGE On 6 -2Q-05 bMOreme, BARBARA J. BENDER au. un..romdmke.W. +•n.rw.nd.rrmrrl pemm®y appeared OWEN M. BROWN um+rNdavAl'" Lz ..,) ..4 :fif;4.:C•::P.!Y:!:f:1: =f X•:)fY7;:f.�;: rt:4 ita:. b::: ��Ji'i 1: to be the person* whore names) kIW subscribed to the wMh instru rtent and adawwfedged to me that haWM&WWexmculed the some in MaEtmd*gir audxwlmd capscity(lm), and that by lfm signature(► on the hraWWWd the person", or die upon behaH of which the person(0) act6d Nmded the mOum®nt OP?7 WAL lAdrge Orr (nlonnsatm, bekw k naereq,i/eAh'rexc Nm�r pna m P on kre daaemrd and uaAdprererd bmdurenr M74,WmWramUchmabrdof N* I rm ro mmOff deamma. 5777777; r..:, ntt:af. 7de ortype of DOCK RERVQEt CB.. BOND NQ. 6$7 85 102 Documents 6,20-05 Numbgrofpsgm Two (2) Signers) Otltet Than Named Above: ALL AMERICAN ASPHALT Capacky(Ies) Claimed by Signer Signer's Name: _ OWEN M. BROWN ❑ hXWkkat Tip d boob hate D Corporalo OHicar— TWe(s): ❑ Partner —❑ Urdted O General XWOlton"4n-Fad ❑ Trustee ❑ Guardian or Conservator ❑ Otlter: Signer is Repeserithtg: FIDELITY AND DEPOSIT CDWANR OF MARYLAND O MlBllararr �� •f�9eLOtlM. PA. BvIf102. CteY�eA.GfrdtS00Q• Ibd14E8r7 a,edrt 647ntFM tdmi➢BfBS! A 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC May 12, 2006 All American Asphalt P.O. Box 2229 Corona, CA 92878 -2229 Subject: Newport Heights, Cliffhaven, and Seaward Street Rehabilitation (C -3677) To Whom It May Concern: On March 28, 2006, 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 April 7, 2006, Reference No. 2006000232890. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 08785102. Enclosed is the Labor & Materials Payment Bond. Sir�cer,jy, LaVoine l2ess MMv, C City Clerk cc: Public Works Department R. Gunther, P.E. 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 • i EXECUTED IN FOUR (4) PARTS Crff OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3677 BOND NO. 087 ss 10z • h LU 1_ C _ l,i . • WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to ALL AMERICAN ASPHALT, hereinafter designated as the 'Principal' a contract for construction of NEWPORT HEIGH'T'S, CLIFFHAVEN, SEAWIND, AND PACIFIC VIEW PAVEMENT REHABILITATION AND SOUTHBOUND MACARTHUR BOULEVARD MEDIAN MODIFICATIONS, Contract No. 3677 in the City of Newport Beach, to sthict rXlnfCrmihr 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. 3677 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, IDELxTY AND DEP0,5T COIiPANY 2teRyr duly authorized . to transact business under the laws of the State of cafrfomia, as Surety, (refered to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of One Million, Five Hundred Seventy -Four Thousand, Five Hundred Seventy -Four Dollars and 00/100 (51,574,574.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beech under the terms of the Contract; for which_payrnent well and truly to be made, we bind ourselves, our heirs, executors and administrators, sucoessora, or assigns. jointly and severally. firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principars subcontractors, fall to pay for arty 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 thhereon of any kind, or for amounts due under the Unemployment Insurance' Code with rasped to such work or laboc or for any amounts required to be deducted, withhold and paid over to the Empkiymerrt DevWopment Department from the wages of employees of the PrfncIPal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then, the Surety vAl pay for the same, In an amount not exceeding the scan specified in this Band, and also, In case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Chris Code of the State of California. 26 The Bond shall inure to the benefit of any and ag persons, companies, and corporation; entitled to foe claims under Section $181 of the CMWOrria Civil Code so as to give a right of action to them or their assigns in any suti brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of Cagfomia. And Surety, for value received, hereby stipulates and agrees that no change, extenslori of time, alterations or additions to the tarms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terns of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, ft is agreed that the death of any such principal shag not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF. this Instrument has been duly executed by the above named Principal and Surety, on the 20th day of .rune 2005. ALL AMERICAN ASPHALT (Principal) FIDELITY AND DEPOSIT COMPANY Name of Surety pF MARYLAND 801 NO. BRAND BLVD (;LETiI] i�t CA. 91 03 Address of Surety SURETY: 818 -- 409 -2800 AGENT: 714- 935 -1112 Telephone OWEN'M. BROWN, ATTORNEY-IN-FACT Print Name and Tide NOTARY ACKNOV&E-DGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 Y. ALL- PURPOSE ACK OWLEDGMENT State of California County of Riverside SS. On June 27. 2005 before me, Debbie A. Matsen. Notary Public. Date Name and Title of Officer Personally appeared Robert Bradley Name($) of Signsr(0 DEBBIE A MATSEN Commissbn # 1452589 .y Notary Public - Califomla Riverside County MyComm. Expdres Nov 22, 2007 OPTIONAL 2S personalty known to me of to be the person whose namel(S) islawtubsaibed to the within instrument and acknowledged to me that helsheFWey-- executed the same in Ns&sFA aeirauBwrized capacIM& a), and that by hislperAwh — signatureW on the instrument the person(Q or, the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal, . m q7),2h&hD Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons retying on the document and oould prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Labor and Material Payment Bond. City of Newport Beach Document Date: June 20. 2005 Number of Pages: 2 Signer(s) Other Than Named Above: Owen M. Brown Signer's Name: Robert Bradley Individual XCorporate Officer Title: Vice President Partner- Limited _General _Attorney -in -Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Top of thumb here CALIFORNIA ALL4"JRPOSE ACVJAOVKZDGMEMT Stale of C.&RO rya as Couft of ORANGE On 6 -20-05 before me, BARBARA J. BMWER one x.w.rm.aaronroo.sse.awrmr�'n personally appeared OWEN W. BROWN mffm(OCr IN Ia r 1f i .., nP . MJa:ca.� 3: to be the person(a) Whose narneW WW Subscribed to the within Instrument and aclatowledged to me 9iat heideftWexecuted the same In hiss authorized eapacity(ies), and that by hisitivillillh signature" on the Instrument the persona, or the eqQ upon behalf of which the pamon(Y) the histn.urrerd. _ .+ . ;_:_. ThMO ft WOMWvn bobwie fWMgLdWby aWxmryprae./�lmb1\mperms onare RoamlaxaMaiAdpmwea hrurtiderx mmce7d artl rat d xYS ram toarmxardaam 80 DesdipHon of Attached Dodtm®Itt TW or TWO of Docurnerrt PAMMT BOND NO, 087 85 102 Document Date: 6-20 -A5 Number. of Pages: - `f4 =--�; - Sigrrer(s) Other Than Named Above: ALL AMERICAN ASPHALT Capacky(ies) Claimed by Signer Signer's Name: OWEN M. BROWN 0 Individual Top d nvro ne e 0 Corporate OlfiOer— TdWs): 0 Partner -0 United 0General XWAftooW4n -Fact 0 Trustee 0 Guardian or Conservator 00the ftner Is paprosenft; FIDELITY- AND DEPOSIT COWAN)C OF MARYLAND O+mcrorar lWe/MOtl,YUr•eme(Y Seleba. v. C�B10 ¢.aldnoa�Gefs192p2•vw+rbsb�uq Rm. xu �m Nmmee ra�10i1t�+aoowae�+ • • 9 ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $ waived_. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is I% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 0 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 WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date a by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and or act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act a kings, and the execution of such bonds or undertakings in pursuan s on said Company, as fully and amply, to all intents and purposes, as if t p xec I E ged by the regularly elected officers of the Company at its office in Ba ' h it This power of attorney revokes that issued on behalf of Owen M. $JL9&-lia ruff yctfJl� The said Assistant 136 Section 2, of the By-Lin I affixed the Corporate December, A.D. 2004. ATTEST: 'gyp atPOd�i 0 0 O t{n Ortffy'fhat the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. REOF, the said Vice- President and Assistant Secretary have hereunto subscribed their names and Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of State of Maryland l ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary 3 By: William J. Mills Vice President On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, 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. Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 POA -F 012 -4160 'DI.IC: FN 4 h Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 POA -F 012 -4160 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 20th day of June 2005 Assistant Secretary • • _ . -4- RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder !! JIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIiIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 2006000232890 08:01am 04107/06 105 13 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0:00 Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and All American Asphalt, of Corona, California, as Contractor, entered into a Contract on July 7. 2005. Said Contract set forth certain improvements, as follows: Newport Heights, Cliffhaven, Seawind, and Pacific View Pavement Rehabilitation and Southbound MacArthur Boulevard Median Modifications (C -3677) Work on said Contract was completed on February 24, 2006, and was found to be acceptable on March 28. 2006, 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. Y� Y1 �=c� WJ ublic cs Director City o ewport Beach UO i Ill ^ 2; U CPU_ VERIFICATION Ill Wo certiN, and enalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on Q, a004 -,at Newport Beach, California. BY d 67WI, 7I l • �� City Clerk �1 't . A. d00.W.1 • • � -\ o CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC March 29, 2006 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion (C- 3677) Notice of Completion (C -3715) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, r . LaVonne M. Harkless, MMC City Clerk Enclosure 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 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and C. J. Construction, of Whittier, California, as Contractor, entered into a Contract on July 26, 2005. Said Contract set forth certain improvements, as follows: Irvine Avenue Sidewalk Between Private Road and Santiago Drive (C-3715) Work on said Contract was completed on March 1. 2006, and was found to be acceptable on March 28: 2006, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is First National Insurance ComAanv. eubf( Director City o ewport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 23)d� a�q 4100(0 at Newport Beach, California. BY t�V&K^t r' F .14V City Clerk i C33 ADO - avz)(o� CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 March 28, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R. Gunther, P.E. 949 -644 -3311 rgunther@city.newport-beach.ca.us BY THE CITY COUNCIL CRY OF NEWPORT BEACH APPROVED SUBJECT: NEWPORT HEIGHTS, CL.IFFHAVEN, AND SEAWARD STREET REHABILITATION — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3677 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 one (1) year after Council acceptance. DISCUSSION: On June 28, 2005, the City Council authorized the award of the Newport Heights, Cliffhaven, and Seawind Street Rehabilitation contract to All American Asphalt. The contract provided for the rehabilitation of the roadway pavement located within the Newport Heights, Cliffhaven, and Seawind areas, Pacific View Drive east of San Miguel Drive, and Marguerite Avenue north of San Joaquin Hills Road. The rehabilitation methods included replacing the pavement where it had failed and grinding and overlaying the pavement with a new surface where the pavement still had remaining structural integrity. Median modifications to the southbound side of MacArthur Boulevard were also included in this project which reconfigured a portion of the median in MacArthur Boulevard just north of Coast Highway. This work involved removing certain existing improvements; constructing curb, stamped colored concrete pavement, and asphalt roadway; modifying and relocating existing irrigation system; and installation of landscaping. Pacific View Drive and Marguerite Avenue were repaved in this program due to damage these streets sustained during the previous year's heavy rains. Newport Heights, Clilan, and Seawind Street Rehabilitation - Completlordl Acceptance of Contract No. 3677 March 28, 2006 Page 2 The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract costs is as follows: Original bid amount: $1,574,574.00 Actual amount of bid items constructed: 1,393,671.55 Total amount of change orders: 42,027.55 Final contract cost: $1,435,699.10 The decrease in the amount of actual bid items constructed over the original bid amount resulted from the decreased requirement for use of full sub -base digouts and in some areas replacement with the use of glassgrid reinforcing and extra depth asphalt. Two Change Orders totaling $42,027.55 provided for additional crushed aggregate base rock stabilization and additional sidewalk segments on Marguerite Avenue and Pacific View Drive. The final overall construction cost including Change Orders is 8.9 percent under the original. bid amount. 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 involved removal and resurfacing of existing asphalt concrete roadway. Funding Availability: Sufficient funds were available from the following accounts for this project: Account Des. ri tion Account Number Amount Measure M 7281- C5100795 $268,000.00 Measure M 7281- C5100783 $404,815.00 Measure M -Sea wind 7281- C5100782 $277,384.10 Gas Tax 7181- C5100782 $394,500.00 Transportation & Circulation 7261- C5200736 $55,000.00 GS Maintenance 7013- C5100020 $36,000.00 Total $1,435,699.10 All work was substantially complete on November 26, 2005, roughly three weeks after the originally scheduled completion date of November 5, 2005. Punch list items and resolution of final billings were completed February 24, 2006. Prepared by: R. G her, P.E. Construction Engineer Submitted b phen G. Badum Public Works Director 4 • 0 CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 a.m. on the 14th day of June, 2005, at which time such bids shall be opened and read for NEWPORT HEIGHTS, CLIFFHAVEN, SEAWIND, AND PACIFIC VIEW PAVEMENT REHABILITATION AND SOUTHBOUND MACARTHUR BOULEVARD MEDIAN MODIFICATIONS Title of Project Contract No. 3677 $1,640,000 Engineer's Estimate Approved by teen G. Badum Works Director BIDDER'S LIST AVAILABLE ON CITY WEBSITE: httP:/Mww.citv.newi)ort- beach.ca.us/pbwbidlist/default 'asp Click: Online Services — Public Works Bid List Prospective bidders may obtain one set of bid documents for $40 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 General "A" Contractor's License required for this project For further information, call Sean Crumby, Project Engineer i[949) 6443315 0 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS, CLIFFHAVEN, SEAWIND, AND PACIFIC VIEW PAVEMENT REHABILITATION AND SOUTHBOUND MACARTHUR BOULEVARD MEDIAN MODIFICATIONS CONTRACT NO. 3677 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. ........................................................... I ....... 11 ............................................ 20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ............................ .. ........................ . ..................................... SP -1 z 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS, CLIFFHAVEN, SEAWIND, AND PACIFIC VIEW PAVEMENT REHABILITATION AND SOUTHBOUND MACARTHUR BOULEVAD MEDIAN MODIFICATIONS CONTRACT NO. 3677 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 ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if 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. 9 0 The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703.4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: www.opo.gov /davisbacon 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. #al. -)h-33 , A. e-r a Contractor's License No. & Classification Authorized Signa urefTitle RbbP+ (brZOW, Vine rLeStclOW .i1 .. - ` BOND NO. 085 97423 CITY OF NEWPORT BEACH PU13L IC WORKS DEPARTMENT • • 11s t 1,7 kT4 ; _ .1 . We. the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and ""rally held and firmly bend to the City of Newport Bead, a chant city. M the principal sum of TEN PERCENT OF TOTAL BID PR rr.F 7_; _ Dollars ($ 10% of Bid ). to be paid end forfehed to the City of Newport Beach if the bid proposal of the undersigned Principal for ttre construction of NEWPORT HEIGHTS, CLIFFHAVEN, SEAWIND, AND PACIFIC VIEW PAVEMENT REHABILITATION AND SOUTHBOUND NACARTHUR BOULEVARD NEDIM M009FICATIONA Contract No. 36" In the City of Newport Beach, Is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the. Principal fails to execute the Contract Documents in the forms) prescribed, including the required bonds, and original Insurance carGflcates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an tndfvkival, It is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 9th day of June 2M5 ALL AMERICAN ASPRALT Name of Contractor (Principal) FIDELFTY AND _DEPOSIT COMPANY Name of Surety OF MARYLAND 801 NO. BRAND BLVD GLENDALE, CA. 91203 Address of Surety 5URETX:.818- 409 -2800. AGENT; .714 -935 -1112 . Telephone OWEN M. BROWN, ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal 6 Surety must be attached) BID DATE: JUNE 14, 2005 State of California County of Riverside ss. On June 10. 2005 before me, Debbie A. Matsen. Notary Public, Date Name and Title of Officer Personally appeared Robert Bradley Nameo) of Signert?) DEBBIE A. # fVLATSZN 1452 Commission # 1452569 -�; Notary Public - California .. Riverside County My Comm. Expires Nov 22, 2007 OPTIONAL X personally known to me aatialaotoi� to be the person(g) whose name) is/are subscdb to the within Instrument and acknowledged to me that he/sheMmr executed the same in hislheWAsic authorized capacity("), and that by hiwherimeh — signaturej.4 on the instrument the persona) or, the entity, upon behalf of which the personW acted, executed the Instrument. WITNESS my hand and offidal seal, � �S Q. Wliak4o Signal hr�re of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Bidder's Bond. City of Newport Beach Document Date: June 9. 2005 Number of Pages:1 Signer) Other Than Named Above: Owen M. Brown Signer's Name: Robert Bradley Individual XCorporate Officer Title(}: Vice President _Partner- Limited _Gefieral _Attorney -in -Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Top of thumb here SbAs of camomia cmirdy Of ORANGS ss On 6-9-05 bobs me. BARBARA J. BMWER pare ndy q*owW Ww S"WA T i ::a. 0p: 1:i:1 Ti: OP770ML Thvuffiftk*VMM%wbabwlofmtm4ukWbYAW Dowl"M of AftWhod DoWMftA Me or Type of Doomumt B3M BOND Docuuwd Dace: . 6-9-05 mmdw Of Pages: %qrw($)O9wTh2nNWn9dAbc7vG ALL AHWCAK ASFMT Capadty(los) CWMW by Sow Somas mme: OWM Mt BROWN ❑ lndk4dUal randmunetime M 0 cwpmvu Of —Thwey 0 Pwbw— El UmQsd ❑ Germal 2&LL%Vwd" AL&APURPOW 0 TRIMIDS 0 Guauft or comer SbAs of camomia cmirdy Of ORANGS ss On 6-9-05 bobs me. BARBARA J. BMWER pare ndy q*owW Ww S"WA T i ::a. 0p: 1:i:1 Ti: OP770ML Thvuffiftk*VMM%wbabwlofmtm4ukWbYAW Dowl"M of AftWhod DoWMftA Me or Type of Doomumt B3M BOND Docuuwd Dace: . 6-9-05 mmdw Of Pages: %qrw($)O9wTh2nNWn9dAbc7vG ALL AHWCAK ASFMT Capadty(los) CWMW by Sow Somas mme: OWM Mt BROWN ❑ lndk4dUal randmunetime M 0 cwpmvu Of —Thwey 0 Pwbw— El UmQsd ❑ Germal 0 TRIMIDS 0 Guauft or comer 0 cow. SWMIS Fl=rrY AND DOOSIT OWANT OF MARYLUM 3 PWIftOW pwftccio"Fwl4ww"w SZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $_waived_. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverase for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is I% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15 % of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90 %. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently.provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States onto influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 • • 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 WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date It e by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and or act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act a kings, and the execution of such bonds or undertakings in pursuan 's on said Company, as fully and amply, to all intents and purposes, as if t xec @ ged by the regularly elected officers of the Company at its office in Ba ' r6 h tr r This power of attorney revokes that issued on behalf of Owen M. BROW at ruarvrtfli�6l�ir The said Assistant fiche {== chat 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 Wlff)kF�E_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 27th day of December, A.D. 2004. ATTEST: State of Maryland City of Baltimore J FIDELITY AND DEPOSIT COMPANY OF MARYLAND 9- 'I), U Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, 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 �a,euuny j4 q., WOO Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 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 I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 9th day of June 2005. .k ��; Assistmi Secretary Best's Rating Center - Comwy Information for Fidelity and Dept it Company o... Page 1 of 1 Yew Ratinn: Financial Stmnath ksuar Credst Soom gas Advanced Soul Dew Wabcemm: aNe Fidelity and Deposit Company of Maryland la enema., ofr..:mr _.covy nvaq�eamwmev�m. oar ».m.e I.M.aee e: omn also e: 39»6 Fall. 1 . 1 vohbR.n uTFeem FalRyfomml tints onpoM1e oCSpe4on¢ to polrymtlem. Address: 1400 American Lane Phone: 847&1)5-6000 Schaumburg, IL 80106 -1056 Fax, 84]- 60- 6056011 011 Web: wyrwzurichn Best's Ratings Financial Strangm Ratings View Definitions Rating: A (Excellent) Affiliation Code: 9[Group) Financial Site Category: %V ($2 billion or more) Outlook Stable Action: Affirmed Effective Date: September 14, 2004 Reports and News Visit our NBVrsRoom for the latest revs and press releases for this company and its A.M. Beat Group. r Beet's Company Report - includes Best§ Financial strength Rating and rationale along with comprehensive analytical commentary, detail, key financial data. . Report Revision Date: 0011412004 (represents the latest significant change). I— Historical Reports are available in Bes S Corn zny RVpgM_ArghiV. I Sears Executive Summary Reports (Financial Overview) - available in three versions, these pmsentaton style reports Isstue balance 1 -:key financial performance less including profitability. liquidity, and reserve analysis. { .. :.'Data States: 2005 Begs statement File -plc, us. contains data compiled as of 61872005 (Quality Cross Checked). a Single Company - five years of financial data specifically on this company. a Comparison -side-by-side financial analysis of this company with a peer group of up to five other companies you select. P compost - evaWme this comparto financials against a peer group composge. Report displays both the average and total composite group. Best's Kill Retina Guide Presentation Report - includes Beetle Financial Strength Rating and financed data as provided m Bee's Key Re Data Status: 2003 Financial Dais (Quality Cross Checked). Financial and Analytical Products Best's PrummytCaaualiv Center - Premium Data & Reports Best's Key Reline Guide - P/C. US & Canatla Seet's Statement File - P/C US Best's satemem File - Global Beare Ireumnpe Reports - PC. uS & Canatla 8e93_aSSata Lme lSiantlard Lines] -P /C u-a Customer Service I Product Supic I Member Came r I Contact Inio I Corsets About A.M. Best I Site Map I Pdvacv Policy I Secu' I Terms of Use I Legal & Licensing Copydghl02005 A.M. Beat Company. lot. All rights reserved. A.M. Bat Woddiade Headquarters, Ambest Road Oldwirk. New Jersey. 088158. V.6A. http: / /www3.ambest.com /ratings /FullProfile. asp ?BI= O&AMB= 387&AItSrc= l&Alt... 06/15/2005 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3677 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Use additional sheets if needed SubcontrIctor's Information Bid Item Description of Work %of Number Total Bid Name: sr.,+k6on l rRTt�C t-�y0s p L3l Address: Or 0.r Phone: State License Number. I Name: -P-4- L Address: 44 Phone: State License Number: Name: a"^ _ M1 _ �� �q Address: ` y S Qt J n/1lvtG 1-07 4` 1" J Phone: Stale License Number: All Arnnvi a-ia hola- Idder 41th6odZed Signature/Title 6 Qobevri- OradleV, Vie -e PreSideln+ 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MODIFICATIONS CONTRACT NO. 3677 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: ,, Project Name/Number :rwpwceowds Approximate Construction Dates: From I 151.2 w.3 To: Sf 3 1 aiz2rf Agency Name ikli n� f UBS+min�sbr✓ Contact Person M4r bu Yous,30-r Telephone ("114) g1iR--3 -511 Original Contract Amount $INi ,4ya°pFinal Contract Amount$ 1,4Q449.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 0 0 No. 2 Project Name /Number Tu.s±jn Agyptav Aehata;1Hation Project Description ` -,e+e -t Rmtt7n Meat& --inn Approximate Construction Dates: From- 1J.QV4aovy To: !iT1 acr-'y Agency Name efi+V a -,4 SoHa Ana Contact Person ;IAwoV, MbrveS Telephone (?1y) 1P4 7 SOt R Original Contract Amount $)t;),) Final Contract Amount $ 11070M4n 0 b 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. A0, No. 3 Project Name /Number H61 t bled. Unvernvz + /Le hobi li h? /,ova Project Description Grirr+vh a4a:iw =hw Approximate Construction Dates: From 1-/1 91201'4 To:_51 aaTba y Agency Name &4-y o-, dn-faria Contact Person &V-q DQM5 Telephone eM) 395-, iAn Original Contract Amount $Final Contract Amount $ -111, 403.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 4 Project Name /Number Project Description 5fV-t'et 9'eeco!5 *Y-UCti6in Approximate Construction Dates: From l IT_lg6a�i To: L1 J 9 N 12009 Agency Name Contact Person Q law 'Trilm Telephone (714)X44 -55 3 Original Contract Amount $2 4 0° Final Contract Amount $ -22QP?Q,00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number Project Description 51ree -- U,rv1+-v1ru.etion Approximate Construction Dates: From i 5 rpa3 To: l a Sal amu Agency Name Coi,w +q 6-'e 2iy'emile Contact Person 5fan j rt/ Telephoneoc)9) 955 -1g)R5 Original Contract Amount $°Final Contract Amount $ 4- Li y6aL7. 00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. B Project Name/Number Sir rra fYlaAre mfr ors m,a&h5 Project Description Street Zoqpnr�ornevrts Approximate Construction Dates: From _"i 1112_ To: Sl aol A.Ln�j Agency Name �i +i�Q:6 %Imrinra_ Contact Person f 11. PTnrAner Telephone (Wl4 11114- 8 a o n Original Contract Amount $Final Contract Amount $ 2Q. "L, 510 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. Nn 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. S -ee P+taf>1ed ("O-e• 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. /� / ,- A All Ame* -i can Aspba l.+ Authorized uthorized Signature/Title 9we✓+ ( wtoeq, YYa VyKt8et+ 10 DOUG HARRINGTON P.O. BOX 2229 CORONA, CA 9171 &2229 WORK HISTORY ALL AMERICAN ASPHALT, Corona, California Construction Manager (September, 1996 to Present) FAVITIUVONM • Supervise construction activities for general engineering contractor • Manage grading, concrete, and paving operations for both public and private work projects Paving Superintendent (1990 to September, 1996) • Managed all'paving operations • Responsible for organizing personnel, equipment and materials for paving pmjwts • Responsible for project acceptance • Handled customer inquiries and complaints Foreman (1988 to 1990) • Managed daily operations for grading; concrete, paving aml.public works projects • Responsible for quantity verification and contract changes PARROTT AND WRIGHT, Corona, California Foreman (1983 to 1988 ) • Managed daily operations for grading contractor INDUSTRIAL ASPHALTMUNT MIX, Irwindale, California Operating Engineer. (1977 to 1983) • Responsible for daily maintenance and operation of various heavy machinery Attended various educational classes relating to the construction industry including: Agtec Pointman Training (Non contact. sensor grade control) Asphalt Technology 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MODIFICATIONS CONTRACT NO. 3677 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County ofRlr "ode ) 0 Arhw-ir , being first duly sworn, deposes and says that he- er-eHe is iee r&5*)A,H of All AmWAmn AAahaL4z: , 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. Ali /fain rain Rg�� Bidder Authorized Signature/Title pat'iJevrl- Subscribed and sworn to before me this 164K day of M"Ie 2005. [SEAL] Notary Public DEBBIE A. MATSEN My Commission Expires: A&Y, doll a 61o7 _ 0M1YComm. Commission # 1452589 Notary Public - Calltomla Riverside County Expires Nov 22, 2007 11 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS CLIFFHAVEN SEAWIND AND PACIFIC VIEW PAVEMENT REHABILITATION AND SOUTHBOUND MACARTHUR BOULEVARD MEDIAN CONTRACT NO. 3677 DESIGNATION OF SURETIES 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): f iA'.li4 --rol I'+ Cemigm'! —tif maw l ar j _ 2LI loo. Qrmn l & ✓a. CSI Qlao3 (4548) 40a- 99M r O, r 60%4 64 4199Iog (-iiN) a35!llIa ('PrNzec) Cpleo in45((.mee 6roker!5 MA 4c4oatri Uco cav PQ,-I UAY w'evt, 6-I-e . t�a� 6(arr6-e, 6A gatoterd- 2A4(e (1i4)43)-42,7D (T'V15ur2�G� 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 NEWPORT HEIGHTS, CLIFFHAVEN, SEAWIND, AND PACIFIC VIEW PAVEMENT REHABILITATION AND SOUTHBOUND MACARTHUR BOULEVARD MEDIAN MODIFICATIONS CONTRACT NO. 3677 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL • �� POW's 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 2004 2003 2002 2001 2000 Total 2005 No. of contracts 641 LP 11 14A 11501 1144 1)138 1, 8vlp 51$01a Total dollar Amount of ^y 6g �� Contracts in �� qW, hV Thousands of $ No. of fatalities No. of lost Workday Cases as 0 a9 No. of lost workday cases involving permanent transfer to another job or I 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 • • Legal Business Name of Bidder 411 Am ftri nayd g6ph d 4- BusinessAddress: p.6. (may aaal T,pr--yy, iA Aas22a,-,O-q Business Tel. No.: State Contractor's License No. and Classification: Title Vjte PiysiAwl4 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 State of California County of Riverside SS. On June 10. 2005 before me, Debbie A. Matsen. Notary Public. Date Name and Title of Officer Personally appeared Robert Bradley and Thomas Toscas Name(s) of Signer(s) DEBBIE A. tTSEN 0' " Commission # 1452569 z -� Notary Public - California A.. Riverside County My Comm. Expires Nov 22, 2007 OPTIONAL 2� personally known to me to be the person($) whose name(s) Ware subscribed to the within instrument and acknowledged to me that NeF~hey executed the same in h &%w/their authorized capacity(ies), and that by Msiger /their signature(s) on the Instrument the person(s) or, the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, pa �. o Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Contractor's Industrial Safety Record. City of Newport Beach Document Date: June 13, 2005 Number of Pages:1 Signer(s) Other Than Named Above: None. Signer's Name: Robert Bradley and Thomas Toscas Individual XCorporate Officer Title(s): Vice President and Sec./Treasurer _Partner- Limited _General _Attorney -in -Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Top of thumb here CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3677 ACKNOWLEDGEMENT OF ADDENDA Bidders An ft e i I i qhaL The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Sign ture I 'Tukllp 1t). a6015 fey, me dff+ 15 t • Page: 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 NEWPORT HEIGHTS, CLIFFHAVEN, SEAW/ND, AND PACIFIC VIEW PAVEMENT REHABILITATION AND SOUTHBOUND MACARTHUR BOULEVARD MEDIAN IMPROVEMENTS CONTRACT NO 3677 DATE: a� B lic Works Director TO: ALL PLANHOLDERS PLANS A. On sheet 22 of 26 Change Construction Note 16 to: "REMOVE EXISTING PAVEMENT AND CONSTRUCT 44NCH AC OVER 8 4NCH CMB" Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bids may not be considered unless this signed Addendum No.1 is attached. 1 have carefully examined this Addendum and have included full payment in my Proposal. All AmovinAi l Aapl -nLI Bidder's Name (Please Print) Authorized Signature & fir'} Pvmd1eyi Y T' r6oicien -Y f'.%Mrslpbw%sharedicontracfsW 04.051newport heights, diffhaven, & seawind rehab o36771addendum#f -doc 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS, CLIFFHAVEN, SEAWIND, AND PACIFIC VIEW PAVEMENT_ REHABILITATION AND SOUTHBOUND MACARTHUR BOULEVARD MEDIAN MODIFICATIONS CONTRACT NO. 3677 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: RII Fti%Ar;emn , pb4t (- Business Address: P b Liar a22r(, Cn)rM4 lA 1,940K- aaaj Telephone and Fax Number: Fx: (45r1 �?fl -4la�l California State Contractor's License No. and Class: -4 a(oio ?3,, A, /'-Jot (REQUIRED AT TIME OF AWARD) Original Date Issued:-)- Expiration Date: List the name and titletposition 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 �frirJiS�ErYlt�ff Pf+ESt(Lay1+ �-10C) Ea�S(�FhSFrE�FE,�i3,LA (!951i�3(a-�taC�O H �( rt�ryy_y�S�P I7fnpe, ufioif Qnbg& &4AJg�t it id m+ li k Kfk L�Wv- Vic? Pfvasi,lw -4 Corporation organized under the laws of the State of 16 9 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: IUoNE . 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: A)IA. Provide the names, addresses and telephone numbers of the parties; "1,4. Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. No. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes /©o Are any claims or actions unresolved or outstanding? Yes 49 17 9 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. Onyx eiSammrm (Print name of Owner or President of Corporation/Company) Au horized Signaturemtle olaer-F'Brejle V Vice Pr Aijm4- Title Subscribed and sworn to before me this I Oa h day of M ►Inv 2005. [SEAL] DEBBIE A. MATSEN Commission # 1452589 a m Notary PubBc - California Riverside County My Comm. E�irea Nov 22, 2007 18 G. %1?0 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS, CLIFFHAVEN, SEAWIND, AND PACIFIC VIEW PAVEMENT REHABILITATION AND SOUTHBOUND MACARTHUR BOULEVARD MEDIAN MODIFICATIONS CONTRACT NO. 3677 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 specked 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS, CLIFFHAVEN, SEAWIND. AND PACIFIC VIEW PAVEMENT REHABILITATION AND SOUTHBOUND MACARTHUR BOULEVARD MEDIAN MODIFICATIONS CONTRACT NO. 3677 CONTRACT THIS AGREEMENT, entered into this L day of S_ 2005, 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 HEIGHTS, CLIFFHAVEN, SEAWIND, AND PACIFIC VIEW PAVEMENT REHABILITATION AND SOUTHBOUND MACARTHUR BOULEVARD MEDIAN MODIFICATIONS This project consists of rehabilitating the roadway pavement within selected streets at various locations throughout the city. The rehabilitation methods include replacing the pavement where it has failed and grinding and overlaying the pavement with a new surface where the pavement still has remaining structural integrity. The areas selected to receive rehabilitation are selected streets within the Newport Heights and Cliffhaven Tracts, the Seawind Tract, Pacific View Drive west of San Miguel Drive and Marguerite Avenue north of San Joaquin Hills Road. Contract No. 3677 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. 3677, 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 fumish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: 20 10 0 All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 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 One Million, Five Hundred Seventy-Four Thousand, Five Hundred Seventy -Four Dollars and 001100 ($1,574,574.00). 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 Phone (949) 6443318 Fax F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: All American Asphalt P.O. Box 2229 Corona, CA 92878 -2229 951 - 736 -7600 Phone 951 - 739 -4671 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 California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original" endorsements effecting coverage required by this Contract. The certificates and 21 i 0 endorsements for each insurance policy are to be signed by a person authorized by that 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 projectllocation 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. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 22 0 0 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. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, 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. 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 parry, 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 0 0 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. 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. 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. 24 0 0 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. APPROVED AS TO FORM: 60.- FoI CITY ATTORNEY 25 CITY OF NEWPORT BEACH A Municipal Corporation By: 1t' JOHN HEFFERNAN, MAYOR CITY OF NEWPORT BEACH, CA ALL AMERICAN ASPHALT 'Authorized Signature ay itle gold r BruAle Presi JeA-1- CALIFORNIA ALL-PURPOSE State of California County of Riversid Ss. On June 27. 2005 before me, Debbie A. Matsen. Notary Public, Date Name and Tide of Officer Personally appeared Robert Bradlev Name(C of Signer($) DEBBIE A. MAT"EN Commission # 1452, 9 .� Notary Public - California `. Riverside County My Comm. Expires Nov 22, 2007 OPTIONAL X personally known to me __-:pFeved to Fne an ft basis of safiefadnry to be the person() whose name,(a') ISFere•subscribebbto the within instrument and acknowledged to me that helehagMy executed the same in hls4wAheir authorized capacity0et* and that by hIWhaFltlwic- signaturejt on the instrument the person(s) or, the entity upon behalf of which the person(p) acted, executed the instrument. WITNESS my hand and official seal, M7 �)1 � ure of otary Though ft information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Contract. City of Newport Beach Document Date: June 27, 2005 Number of Pages: 1 Signer(s) Other Than Named Above: None. Signer's Name: Robert Bradlev _Individual RCorporate Officer Title($'): Vice President Partner- Limited _General _Attomey -in -Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Top of thumb hem A1:1 11!11 �Rw la �iwaa ..•:. .....:..,. .. .., ........ ......:._..,.. PROCUCER DA Z aaazt Batast83 �IMMDDIYY) 6117/05_i THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Calco Ins Brokers & Agent ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Lie. No. 0829370 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE 600 City Pkwy West, Ste. #500 COMPANY Orange CA 92868 -2946 (714) 937 -1824 A Arch Specialty Insurance Co. INSURED COMPANY All American Asphalt B Hertford Fire Insurance Co. PO Box 2229 COMPANY Corona, CA 92878 -2229 C Great American Insurance Cc COMPANY Seabrlsht Insurance Cc IM THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THEPOLICY PERIOD INDICATED,NOT WITHSTANDING ANYREQUIREMENT ,TERMORCONDITIONOF ANYCONTRACTOR OTHERDOCUMENT W ITHRESPECTTO W HICHTHIS 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. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMIDDIYY) POLICY EXPIRATION DATE(MMIDDIYY) LIMITS A GENERALLIABLITY 326PP0535900 8/01104 8101105 GENERAL AGGREGATE f 2,ODO,DGO X PRODUCTS•COMP /OP AGG f 2,0110,000 COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED & CLAIMS MADE [:� OCCUR PRIMARY WORDING APPLIES PERSONAL & ADV INJURY It 11000,000 EACH OCCURRENCE s 1,000,DDO OWNERS & CONTRACTOR'S PROT ONLY IF REQUIRED BY FIRE DAMAGE (Any one tire) f 50,000 CONTRACT X Per Prot. Aggregate MED EXP (Any one person) f B AUTOMOBILELIABILITY 72UEN6K5491 K2 8/01/04 8101105 COMBINED SINGLE LIMIT f % ANY AUTO 1,0110,000 BODILY INJURY (Per person) f ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS BODILY INJURY f NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE It GARAGE LIABILITY AUTO ONLY - EA ACCIDENT f ANY AUTO N/A OTHER THAN AUTO ONLY: ...._._............_.._.___. _.. _._........... .. ... EACH ACCIDENT f AGGREGATE f C EXCESSLIABILm TUE5950075 8/01104 8/01105 EACH OCCURRENCE S 10,000,000 AGGREGATE f 10,000,000 UMBRELLA FORM OTHER THAN UMBRELLA FORM f D WORKERS COMPENSATION AND 801049243 SIDII04 8/01105 % STATUTORY LIMITS EMPLOYERS'LIABLITY EACH ACCIDENT f 11000,000 THE PROPRIETOR/ X INCL PARTNERS /EXECUTIVE DISEASE • POLICY LIMIT f 1,DOO,D00 DISEASE EACH EMPLOYEE f 11000,000 OFFICERS ARE: EXCL OTHER N/A DESCRIPTION OF OPERATIONBILOCATIONWVEHICLEB /SPECIAL ITEMS `10 days notice for nonpayment of preml Mm 2e ■p /7vp /wcw- so RE: Newport Heights, Cliffhaven, Seawlnd and Pacific View Pavement Rehabilitation and Southbound MacArthur Boulevard Median Modifications, Contract No. 3677 •,•„iY4 ,v.. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, WE ISSUING COMPANY WILL ENIANIORIDDOOMAL Attn: Sahr I S. Rooks 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Public Works Specialist oXK )SW01NW%W(1YA1C7g(IDIK>QMU)WM MMKK *)bOOWfXrDIXXMY7(MIOtNWKWA(XX Public Works Department DFXWAXXXUMX%JSOIKXXMEO®IWIBX MXXAWXXXKMWMRXXNNXMpXMXW00! AUTHORIZED REPREBE TI 3300 Newport Boulevard Nerp art CA,_. 92663 11531111 .. ..Beach, ACQt9Q,xS >S 375 ....... ............................ ... ..:.o ... .... ppsilcafJ ly;: CERTIFICATE: 208/001/ 03028 0 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED SECTION III — WHO IS INSURED is amended to include as an additional insured those persons or organizations who are required under a written contract with the Named Insured to be named as an additional insured, but only with respect to liability arising out of your operations, "your work", or premises owned by or rented to you. All other terms and conditions of this Policy remain unchanged. The City of Newport Beach, its officers, agents, officials, employees, and volunteers Project: Newport Heights, Cliffhaven, Seawind and Pacific View Pavement Rehabilitation and Southbound MacArthur Boulevard Median Modifications, Contract No. 3677 Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein (The information below is required only when this endorsement is issued subsequent to the preparation of the policy.) Policy Number: 32GPP0535900 Named Insured: All American Asphalt Endorsement Effective Date: 8/1104 00 CGL0006 00 02 04 cAMy D= ALUEndt.doc 0 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - BROAD FORM, CGL POLICY ENDORSEMENT It is hereby agreed that the following paragraph is added to Section IV, Commercial General Liability Conditions, Item 4: Where the named insured is required by a written contract to provide insurance that is primary and non - contributory, and the written contract so requiring is executed by the named insured before any loss, this insurance will be primary, but only if and to the extent required by that written contract. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all other terms of the policy. All other terms and conditions of this Policy remain unchanged. Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number. 32GPP0535900 Named Insured: All American Asphalt Endorsement Effective Date: 8/1104 00 CGL0130 00 01 04 Page 1 of 1 _, • • 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. CA 00 0112 93 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" awned 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 " autcs" that you acquire of the type described for the remainder of the policy period. Copyright, Insurance Services Qffice, Inc., 1993 Pane 1 of 11 _4 n u 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 If Liability Coverage is provided by this - Coverage Form, the following types of vehicles are also covered "autos" for Liability Coverage: A. COVERAGE 0 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; d. "Loss "; or e. Destruction SECTION II - LIABILITY 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 "bddily injury" or "property damage" to which this Insurance applies that is caused by the some "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. Page 2 of 11 1. WHO IS AN INSURED The following are "insureds ". a. You for any covered "auto ". b. Anyone else 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 property to or from a covered "auto ". Copyright, Insurance Services Dffice, Inc., 1993 CA 00 01 42 92 9 (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" we 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. 0 (2) Provide the minimum amounts and types of other coverages, such as no- fauR, required of out-of-state vehicles by the jurisdiction where the covered "auto" Is being used. We will not pay anyone more then 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 ". C 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 contract or agreement. 3. WORKERS' COMPENSATION Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability 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 Offloe, Inc., 1993 Page 3 of 11 WORKERS COMPENSATION ANAPLOYERS LIABILITY INSURANCE PDA WC 04 03 06 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. Schedule Person or Organization Job Description The City of Newport Beach, its officers, agents, Newport Heights, Cliffhaven, Seawind and officials, employees, and volunteers Pacific View Pavement Rehabilitation and Southbound MacArthur Boulevard Median Modifications, Contract No. 3677 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. 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 8/1/04 Policy No. BB1040243 Endorsement No. 6 Insured All American Asphalt (A Corp) Policy Effective Date 8/1104 Insurance Company SeaBright Insurance Company Countersigned By WC 04 03 06 (Ed. 4-84) 011996 by the workers' compensation Insurance Rating Bureau of California. All rights resemod. JUN- 28- 20a05.TUUEEl02: 35 PK OAL SUURRANCE {� FAX N0. 7149391654 P. Q1 Fax #: 1 I 1 / 1 �✓ () CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 'eC t- DeptJContaM Received From: \If hdkln a 00 4 Data Completed: G `v2fi Sent to: U' / 1 By: G . n S' Company /Person required to have certificate: GENERAL LIABILITY A. INSURANCE COMPANY: B. C. AM BEST RATING (A: VII 4 ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1M or greater); What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must Include): Is it included? F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? es O No 2 Wy a )• es 0 I o es ❑ No Yes O No H, CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? O Yes No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: ire 1kTxrz2A1a Co . B. AM BEST RATING (A: VII or greater): 'A+- AV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes O No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? J 1 tAj E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? M<es O No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only)' Is It included? rs k" El Yes O No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 111. WORKERS' COMPENSATION T A. INSURANCE COMPANY: a b t ..L 11 Rx rRne B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory � D. WAIVER OF SUBROGATION (To include): Is it included? R Yes [j No HAVE ALL ABOVE REQUIREMENTS BEEN MET? 2ryes © No IF NO. WHICH ITEMS NEED TO BE COMPLETED? License Detail • • Page 1 of 2 License Detail CALIFORNIA CONTRACTORS STATE LICEN Contractor License # 267073 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and /or legal action information. • Per B &P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered ont Board's license data base. Extract Date: 06/15/2005 * * * Business Information * * * ALL AMERICAN ASPHALT P O BOX 2229 CORONA, CA 92878 Business Phone Number: (909) 736 -7600 Entity: Corporation Issue Date: 01/19/1971 Expire Date: 01/31/2006 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Additional Status Information * * * The license may be suspended on 07/13/2005 if the workers" compensation insurance polio filed with the CSLB. * * * Classifications * * * Ciass Description 0 GENERAL ENGINEERING CONTRACTOR http: / /www2.csib.ca.gov /CSLB_LIBRAR`Y/License +Detaii.asp 06/15/2005 License Detail • • Page 2 of 2 1C EARTHWORK AND PAVING 11 * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 08727441 in the ar $10,000 with the bonding company FIDELITY AND DEPOSIT COMPANY OF MARYLAND. Effective Date: 03101/2004 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) D1 DAYTON SISEMORE certified that he /she owns 10 percent or more of the voting stock/equ corporation. A bond of qualifying individual is not required. Effective Date: 01112/2000 BQI's Bonding History * * * Workers Compensation Information * * * This license has workers compensation insurance with the SEA BRIGHT INSURANCE COMPANY Policy Number: BB1040243 Effective Date: 06108/2004 Expire Date: 06/0812005 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other licei Personnel List Other Licenses License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request © 2005 State of Califomia. Conditions of Use Privacy Pollcy http: / /www2.csib.ca.gov /CSLB_LIBRARY /License +Detaii.asp 06/15/2005 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL NEWPORT HEIGHTS CLIFFHAVEN SEAWIND AND PACIFIC VIEW PAVEMENT REHABILITATION AND SOUTHBOUND MACARTHUR BOULEVARD MEDIAN IMPROVEMENTS CONTRACT NO. 3677 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. 3677 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 Al A2. Lump Sum Mobilization @! l.«- 4yOlvj+owa,d. Dollars and ZeZero 3i Cents � 1? 77, Per Lump Sum Lump Sum Traffic Control t'91'kY Tf.wsana. -�"'� @E4„d,4d Sege„ Dollars and Zero Cents Per Lump Sum J $ 17? =8 $ So 370,E • • PR2of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE A3. 495,000 S.F. Variable Depth Cold Mill @ Zero Dollars and T6rWe e.io Cents $ 0.11 $ 64 O0 Per Square Foot A4. 49,000 S.F. Cold Mill AC Pavement to a depth of 2- inches @ 2ery Dollars and Cents $ 0.13 $ 6 370 Per Square Foot A5. 17,100 S.F. Cold Mill AC and PCC Pavement to a depth of 3- inches @ 2.e.r0 Dollars and r Swew y F%ve— Cents $ Q.75 g�, Per Square Foot A6. Lump Sum Crack Seal Six T sand Fwr @ t4u a,ed P%nLA, Mne.Dollars and zero Cents Per Lump Sum AT 7,100 Tons Construct 2 -inch thick Finish Course AC Overlay @ -FV4v Twc7 Dollars and Ze-ep Cents $ $ XT& ZOD.- Per Ton A8. 110 Tons Construct 1 -inch thick AC Base Course Overlay @ Dollars and Cents $� $ 620 Per Ton 0 0 PR3of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE A9. 1,450 S.F. Construct AC Swale @ +vim Dollars and uJ Cents $ 5.50 $ 7 ct 75', — Per Squar6 Foot A10. 17,100 S.F. Install Glas Grid 8501 Pavement Reinforcement @ lerg Dollars and 3' (;)k4y TiVc._ Cents $ 4•bs $ i l !� Per SEIuare Foot A11. 23,900 S.F. Remove and Reconstruct Failed Asphalt Concrete Pavement (Digouts) @ F00 f- Dollars and 2e-ro Cents $ $ 9K GOD Per Square Foot Al2. 33,900 S.F. Remove Pavement and Construct 4 -inch AC over 4 -inch CMB Pavement @ Ti.re Dollars and azj Te.1 Cents $ 3.10 Per Square Foot A13. 73,560 S.F. Remove Pavement and Construct 4 -inch AC over 8 -inch CMB Pavement @ Tee-, Dollars Cents $ 3.4'0 $ 250 1 UPI Per Squarb Foot A14. 99,000 S.F. Remove Pavement and Construct 4 -inch AC over 10 -inch CMB Pavement Dollars and �l Cents $ 3. SO $ ,!S700, Per Square Foot • i i ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE A15. 1,330 S.F. Construct 4 -foot wide 8 -inch Thick PCC Ribbon Gutter @_ Ir Dollars and Zero Cents Per Square Foot A16. 11 EA Construct Curb Access Ramp @ Dollars and 7.ero Cents Per Each A17. 2,810 S.F. Remove Existing and Construct PCC Cross Gutter @ Dollars and 2eco Cents Per Square Foot vJ � of of $� $ AODD., 00 $ ►7r A18. 580 L.F. Remove Existing and Construct Type "A" PCC Curb and Gutter JJ $ @ Twiny Dollars and ?era Cents $ $ Per Square Foot A19. 630 L.F. Remove Existing and Construct PCC Rolled Curb and Gutter @ T Dollars and 29-f-0 Cents $ �O :' $ %600 •� Per Square Foot A20. 2 EA Remove Existing and Construct PCC Alley Approach Dollars and 2era Cents Per Each �-a o) $ 1751? ' $ Soo � 0 0 PR5of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE A21. 60 EA Adjust Water Valve to Grade and Install new box @^Twy S% ollars and o a� 2&ero Cents $ (e0 $ I�C��•r Per Each A22. 79 EA Adjust Manhole Frame and Cover to Grade @Z.1ot d �aL Dollars and ?tre3 Cents $ Per Each A23. 18 EA Replace Traffic Loop Detector @ _T�rep_ Dollars and �z' 4� 2jt-/'0 Cents $ 300'' $ Per Each A24. Lump Sum Install Pavement Striping, Markings, and Markers. @ {ourAie&„T6o,"*v4Dollars and l 2aa Cents �-I)O(�O, $ l` IiOr�a,' Per Lump Sum A25. Lump Sum Construction Surveying 'f Ei�ik�sa� Dollars d, and 3`a,1O0:— 1P_ r0 Cents Per Lump Sum A26. Lump Sum Provide As -Built Drawings @__ 5e-%jen 4v-<LvL Dollars d1 and 2�c� Cents 7C0., $ 7� Per Lump Sum 0 0 PR6of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS FOR: NEWPORT HEIGHTS, CLIFFHAVEN, SEAWIND, AND PACIFIC VIEW PAVEMENT REHABILITATION (Bid Items Al -A -26) 2b - T,.Z� -4w- duly 04a 01164.. ,'Five. P%.VAe_c,.Twc..i� dive T"xc.r` +IwAcd Dollars and zero Cents $ ! SAS S 25 Total Price (Figures) SOt1THBOl)NQ MAGART1iU#t,_B4OtLEYARD, ME{3U#N „l1AODIFICATIONS (R 58 ?7rj 131. Lump Sum Mobilization T l ece TkLx)so r� @ oL�e, and 2ero Cents Per Lump Sum 62. Lump Sum Traffic Control @Ten !BSc%, L Dollars and to DOD Zero Cents Per Lump Sum 133. Lump Sum Remove Existing Encroaching Improvements thx,r 71% os' � S4 @ N Ti..x., LDollars J and 2er� Cents Per Lump Sum B4. 365 L.F. Type "B” PCC Curb (8 -Inch C.F.) @_FtakAee) Dollars and Cents $ l8 r Per Linear Foot $ 312.9 $ Y� 20, $ 6570 0 0 PR7of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE B5. 685 S.F. 4 -Inch Thick PCC Stamped Integrally Colored Concrete Dollars and Zero Cents $ Per Square Foot B6. 100 Tons 10 -Inch Thick Asphalt Base Course @ c.. Dollars and Zero Cents $ $ Per Ton B7. 20 Tons 2 -Inch Thick Asphalt Finish Course @� —Dollars and Zz+o Cents $ 70,- $ I` Per Ton 88. Lump Sum Irrigation System Modification @ Dner. - MogScgnL Dollars of and 2,e_r3 Cents $ Per Lump Sum B9. 1 Each Relocate Existing Sign @"C LaQ to d,4 Dollars and Zero Cents $ z5O r $ 0250 Per Each B10. 5,000 S.F. Landscaping @ Zero Dollars and _Cents $ ©•50 $ ,2500, Per Squar Foot • PR8of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE B11. Lump Sum Construction Surveying at, Tloosavw-L Two, @ �nt Dollars I and �J Zero Cents (2-GC1 $ Per Lump Sum B12. Lump Sum Traffic Striping -moo an�- @ o.y— Nu Dollars and Cents 2 �(� $ 2e-A& Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS FOR: MACARTHUR BOULEVARD SOUTHBOUND MEDIAN MODIFICATIONS (Bid Items B1 — B12) T-or 01 ne- 76051 T [!U Dollars a� and 74-,-V Cents $ g710 D LN Total Price (Figures) TOTAL PRICE FOR ENTIRE PROJECT IN WRITTEN WORDS and Zero Cents off 1l ViUl L�151)73to -7 loco Ee' (R5)�3g -4bZ� Bidder's Telephone and Fax Numbers 4, C-10, Bidder's License No(s). and Classification(s) Oa $ Ir S--7q. 5-7Lrr Total Price (Figures) Zro A7, 11 Bidder's Authorized Sis fkob& -+ AvrrAile�r Vt Bidder's Address F .\userslpbw\sharedlcontracts\fy 04- 051newport heights, diHhaven, & seawind rehab c- 367Tproposal c- 3677.doc and Title (btlai3 RM E PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS NEWPORT HEIGHTS, CLIFFHAVEN, SEAWIND, AND PACIFIC VIEW PAVEMENT i 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 CONTRACT NO. 3677 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 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 6 -7 TIME OF COMPLETION .6 -7.1 General i 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 0 Pi 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 5 6 -11 SEQUENCE OF CONSTRUCTION 5 6 -11.1 Construction Sequencing 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 6 7 -8 PROJECT SITE MAINTENANCE 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.6 Water Pollution Control 6 7 -8.6.1 Best Management Practices and Monitoring Program 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 7 -10.1 Traffic and Access 7 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Safety 8 7- 10.4.1 Safety Orders 8 7 -10.5 "No Parking" Signs 9 7 -10.7 Notice to Residents 9 7 -15 CONTRACTOR'S LICENSES 9 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 10 9.3 PAYMENT 10 9 -3.1 General 10 9 -3.2 Partial and Final Payment 15 PART 2--- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 15 201 -1 PORTLAND CEMENT CONCRETE 15 201 -1.12 Concrete Specified by Class 15 201 -2 REINFORCEMENT FOR CONCRETE 16 201 -2.2.1 Reinforcing Steel 16 201 -5 CEMENT MORTAR 16 201 -5.6 Quick Setting Grout 16 0 0 SECTION 214 PAVEMENT MARKERS 16 214-4 NONREFLECTIVE PAVEMENT MARKERS 16 214-5 REFLECTIVE PAVEMENT MARKERS 16 SECTION 216 VEHICLE DETECTORS 16 216 -1 GENERAL 16 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 17 300 -1 CLEARING AND GRUBBING 17 300 -1.3 Removal and Disposal of Materials 17 300 -1.3.1 General 17 300 -1.3.2 Requirements 17 300 -1.5 Solid Waste Diversion 17 SECTION 302 ROADWAY SURFACING 17 302 -5 ASPHALT CONCRETE PAVEMENT 17 302 -5.1 General 17 302 -5.4 Tack Coat 18 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 18 302 -6.6 Curing 18 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 18 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 18 303 -5.1.1 General 18 303 -5.5 Finishing 18 303 -5.5.2 Curb 18 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 18 308 -1 GENERAL 18 SECTION 310 PAINTING 19 310 -5 PAINTING VARIOUS SURFACES 19 • • 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.7 Layout, Alignment and Spotting 310 -5.6.8 Application of Paint SECTION 312 312 -1 SECTION 400 400 -2 400 -2.1 400 -2.1.1 19 19 19 PAVEMENT MARKER PLACEMENT AND REMOVAL 20 PLACEMENT 20 PART 4 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE, AND UNTREATED BASE MATERIAL 20 UNTREATED BASE MATERIAL General Requirements £\ users \phw\sharedkontracU. \fy 04- 05\newport heights, diflhaven, & seawind rehab o3677\specs index c- 3677.doc 20 20 20 0 • SP 1 OF 20 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS MEDIAN MODIFICATIONS CONTRACT NO. 3677 INTRODUCTION , P All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5870 -5, R- 5877 -S, & T- 5928-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 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 -6 WORK TO BE DONE. Add to this section, "This project consists of rehabilitating the roadway pavement within selected streets at various locations throughout the city. The rehabilitation methods include replacing the pavement where it has failed and grinding and overlaying the pavement with a new surface where the pavement still has remaining structural integrity. The streets selected to receive rehabilitation are located within the Newport Heights, Cliffhaven, and Seawind areas, Pacific View Drive west of San Miguel Drive and Marguerite Avenue north of San Joaquin Hills Road. Construction activities with the Southbound MacArthur Boulevard Median Modifications portion of the project include removing existing encroaching improvements, constructing curb, stamped colored concrete pavement, asphalt roadway, modifying and relocating existing irrigation system, and installation of landscaping. 0 2 -9 SURVEYING • SP2OF20 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. At a minimum, two (2) sets of staking for all areas shall be included in the bid price. Copies of all cut sheets shall be provided to the City 48 hours in advance of any work. In addition, the filing of Corner Records 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 City will have the affected survey monuments restored per records, at the sole expense of the contractor. SECTION 3 --- CHANGES IN WORK 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. 0 • SP3OF20 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 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. The contractor will be required to contact Southern California Edison, The Gas Company, Pacific Bell, cable television, and other utilities to notify them of their facilities being adjusted to grade. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all valve box covers. 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. SECTION 6--- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 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'. • • SP4OF20 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. 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 Contractor has exerted extra effort to meet his/her original schedule and has demonstrated that he /she will be able to maintain his/her approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his/her 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. Construction shall be phased per section 6 -11." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within seventy (70) consecutive working days after the date on the Notice to Proceed. " It shall be the Contractors 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`, January 16`h (Martin Luther King Day), February 20`h (President's Day), May 30th (Memorial Day), July 4'h, September 5th (Labor Day), November 11`h (Veterans Day), November 24th and 25'h (Thanksgiving), December 24t" and 251h (Christmas), and December 3151." 6 -7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. The Contractor, his /her subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc. before or after the normal working hours prescribed above. Should the Contractor elect to work outside obtain special permission from the Engineer p.m. on weekdays or 8:00 a.m. to 6 p.m. during any of these hours must be made a time period. A separate request must be reserves the right to deny any or all such r pay for supplemental inspection costs of $ approved. normal working hours, Contractor must first The request may be for 4:30 p.m. to 6:30 on Saturday only. A request for working t least 72 hours in advance of the desired made for each work shift. The Engineer equests. Additionally, the Contractor shall 60.00 per hour when such time periods are • • SP5OF20 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 $500. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 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." 6 -11 SEQUENCE OF CONSTRUCTION 6 -11.1 Construction Sequencing. This construction shall occur in a minimum of four phased areas. The four phased areas are defined on the title sheet of the plans and are the Newport Heights area, the Cliffhaven area, the Seawind area and Pacific View Drive /Marguerite Avenue. Construction will only be allowed in one phased area at a time. The contractor will only be allowed to move into the next phased area with approval of the engineer. The four phases shall occur as follows: 1. Phase 1: Pacific View Drive and Marguerite Avenue. The Harbor Day Elementary and Lincoln Elementary Schools will be out of session for the summer. All construction activities shall be completed before August 26, 2005. 2. Phase 2: Cliffhaven area. The Horace Ensign Jr. High School will be out of session for the summer. All activities to Coral Street and Clay Street shall be started first and completed by August 26, 2005. 3. Phase 3. Newport Heights area. 4. Phase 4. Seawind area. This phase shall also include construction activities related to the Southbound MacArthur Boulevard Median Modifications. Within construction of any phase the contractor can only have up to three streets under construction at any given time. For all cold mill and paving operations, once the cold milling operations have begun new pavement shall be placed within three consecutive working days. For all street reconstruction paving operations once street removals have begun the new pavement shall be placed within five consecutive working days." 0 • SP6OF20 SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 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. The contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at htto://www.city.newport- beach.ca. us /nubworks /links. him." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance, failure of the Contractor to follow BMP will result in immediate cleanup by City and the back charging of the Contractor for all costs plus 15 percent. • 0 SP7OF20 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 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)." 7 -10.2 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. The city will provide an area for the storage of equipment and materials located at 3300 Pacific View Drive. Prior to move -in, the Contractor shall take photos of the City provided storage area. The Contractor shall restore this 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. 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. 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 • • SP 8 OF 20 arrangements by contacting the city's Refuse Superintendent, Mr. William Russo, at (949) 718 -3468 and all property owners." 5. The Contractor shall maintain vehicular and pedestrian access to schools, business, apartments and residential areas at all times unless otherwise directed by the Engineer. The Contractor may close no more than one -half of each driveway, providing access to schools, businesses, or condo complexes, at a time for construction activities. The Contractor may close one -half of a driveway after providing 48 hours written notice to the affected residents and businesses. All notices shall include the contractor's phone number and the correct dates for construction. The engineer shall approve all notices. 6. A street can be reduced to one traffic lane controlled by flagmen during working hours. 7. Except for paving and concrete curing operations, access to side streets, parking lots, parking structures, and driveways shall be maintained at all times. 8. Vehicular access shall be provided on all streets and to all driveways during non - working hours. In addition to items 1 -3 for Construction activities related to Southbound MacArthur Boulevard Median Modifications: 1. All Northbound Lanes on MacArthur Boulevard shall remain open at all times. 2. Contractor shall maintain a minimum of one southbound left turn lane and one southbound right turn lane between 9:00 a.m. and 3:30 p.m. 3. All southbound lanes shall be open to traffic every working day morning before 9:00 a.m. and every working day night, after 3:30 p.m. and every weekend. 7 -10.4 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." • • SP9OF20 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. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, 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 residents 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. Space will be provided on the notice for the contractor to fill in the exact dates of the construction. 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 "A" Engineering Contractor's License in the State of California. 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 RECORDSMS 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. • • SP 10 OF 20 Upon completion of the project, the Contractor shall provide "As- Built' corrections upon a copy of the Plans. The "As- Built' 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 9 -3 PAYMENT 9 -3.1 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 the work 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: NEWPORT HEIGHTS, CLIFFHAVEN, SEAWIND, AND PACIFIC VIEW PAVEMENT REHABILITATION (R- 5870 -S) Item No. Al Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, obtaining permits, preparing the SWPPP and construction schedule, and all other related work as required by the Contract Documents. Item No. A2 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. A3 Variable Depth Cold Mill: 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. Cold Mill Depths are defined on the cross sections for each street. Item No. A4 Cold Mill Asphalt Pavement to a depth of 2- inches: Work under this item shall include all labor tools, equipment, and material costs for saw cutting, cold • • SP 11 OF 20 milling and disposing of the milled material and all other work items as required to complete the work in place. Item No. A5 Cold Mill Asphalt and PCC Pavement to a depth of 3- inches: 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. This cold mill will include the top 1 -inch of AC Pavement and then the next 2- inches of PCC Pavement. Item No. A6 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. A7 Construct 2 -inch Finish Course AC Overlay: Work under this item shall include all labor, tools, equipment, and material costs for pavement clearing, tack coat, asphalt concrete pavement placement, compaction and all other work items as required to complete the work in place. Item No. A8 Construct 1 -inch AC Base Course Overlay: Work under this item shall include all labor, tools, equipment, and material costs for pavement clearing, tack coat, asphalt concrete pavement placement, compaction and all other work items as required to complete the work in place. Item No. A9 Construct AC Swale: Work under this item shall include construction of AC swale per Detail A on sheet 1 of plans including but not limited to all labor, tools, equipment, and material costs for removal of existing pavement, tack coat, placement and compaction of 4- inches of asphalt concrete over 4- inches of crushed miscellaneous base, and all other work items as required to complete the work in place. Item No. A10 Install Glas Grid 8501 Pavement Reinforcement: Work under this item shall include all labor, tools, equipment, and material costs for installing Glas Grid 8501 Pavement Reinforcement between the 1 -inch AC Base Course and the 2 -inch Asphalt Overlay, and all other work items as required to complete the work in place. Item No. All Remove and Reconstruct Failed Pavement (Digouts): Work under this item shall include all labor, tools, equipment, and material costs for sawcutting, removal, and disposal of existing pavement, subgrade compaction, placement and compaction of 4- inches of AC over 6- inches of crushed miscellaneous base, tack coat, and all other items as required to complete the work in place. Areas of failed pavement will be identified and painted in the field by the city prior to staring construction. The shapes of the areas are irregular and sawcutting quantities will vary. Item No. Al2 Remove Pavement and Construct 4 -inch AC over 4 -inch CMB Pavement: Work under this item shall include all labor, tools, equipment, and material • 0 SP 12 OF 20 costs for sawcutting, removal and disposal of existing pavement, subgrade compaction, placement and compaction of 4- inches AC over 4- inches CMB, tack coat, and all other work items as required to complete the work in place. The 4 -inch AC pavement shall be constructed in two lifts consisting of a 1.5 -inch finish course over a 2.5 -inch base course. Item No. A13 Remove Pavement and Construct 4 -inch AC over 8 -inch CMB Pavement: Work under this item shall include all labor, tools, equipment, and material costs for sawcutting, removal and disposal of existing pavement, subgrade compaction, placement and compaction of 4- inches AC over 8- inches CMB, tack coat, and all other work items as required to complete the work in place. The 4 -inch AC pavement shall be constructed in two lifts consisting of a 1.5 -inch finish course over a 2.5 -inch base course. Item No. A14 Remove Pavement and Construct 4 -inch AC over 10 -inch CMB Pavement: Work under this item shall include all labor, tools, equipment, and material costs for sawcutting, removal and disposal of existing pavement, subgrade compaction, placement and compaction of 4- inches AC over 10- inches CMB, tack coat, and all other work items as required to complete the work in place. The 4 -inch AC pavement shall be constructed in two lifts consisting of a 1.5 -inch finish course over a 2.5 -inch base course. Item No. A15 Remove and Construct 8 -Inch Thick 4 -foot wide P.C.C. Ribbon Gutter: Work under this item shall include construction of PCC Ribbon Gutter per Detail A on sheet 1 of plans and applicable portions of CNB STD - 140 -L, including but not limited to removing and disposing of existing improvements, subgrade compaction, placing 6- inches of crushed miscellaneous base, base compaction, constructing 8 -inch thick 4 -foot wide P.C.C. Ribbon gutter, and all other work items as required to complete the work in place. Item No. A16 Construct Curb Access Ramp. Work under this item shall include constructing Curb Access Ramp per CNB STD - 181 -L -A Case E including but not limited to sawcutting, removing, and disposing of existing improvements, protecting existing utilities, constructing curb access ramp with concrete gutter, constructing minimum 2' wide full depth AC patchback (compacted in three lifts), and all other work required to construct the Curb Access Ramp complete and in place. Item No. A17 Remove Existing Improvements and Construct 8 -Inch Thick P.C.C. Cross Gutter. Work under this item shall include all labor, tools, equipment, and materials costs for the removal and disposal of existing improvements, subgrade compaction, placement of crushed miscellaneous base, base compaction, construction of 8 -inch thick P.C.C. cross gutter per CNB STD - 185 -L, 12" wide X 8" deep AC patchback along both sides of the cross gutter, and all other work items as required to complete the work in place. Item No. A18 Remove Existing and Construct P.C.C. Curb and Gutter, Type "A ", With 2 -foot Gutter: Work under this item shall include the removing and disposing of • • SP 13 OF 20 existing curb and gutter, subgrade compaction, reconstruction of P.C.C. curb and gutter (Type A), reconstruction of curb openings for existing curb drains, repainting address bar, construction of minimum 12 -inch wide and 8 -inch deep AC patchback, re- chiseling of curb face for existing underground utilities, restoration of all existing improvements damaged by construction, and all other work necessary to remove the existing improvements and construct P.C.C. curb and gutter complete and in place. If any curb and gutter is painted red then it shall be restored when striping operations are taking place. Item No. A19 Remove Existing and Construct P.C.C. Rolled Curb and Gutter: Work under this item shall include the removing and disposing of existing curb and gutter, subgrade compaction, reconstruction of P.C.C. curb and gutter (per detail B on sheet 1 of plans), reconstruction of curb openings for existing curb drains, repainting address bar, construction of minimum 12 -inch wide and 8 -inch deep AC patchback, re- chiseling of curb face for existing underground utilities, restoration of all existing improvements damaged by construction, and all other work necessary to remove the existing improvements and construct P.C.C. curb and gutter complete and in place. If any curb and gutter is painted red then it shall be restored when striping operations are taking place. Item No. A20 Remove Existing and Construct P.C.C. Alley Approach. Work under this item shall include sawcuting, removal and disposal of existing improvements, compaction of existing subgrade, placement and compaction of crushed miscellaneous base, tact coat, construction of P.C.C. alley approach per CNB STD - 142 -L, and all other work necessary to remove the existing improvements and construct the existing alley approach complete and in place. Any existing improvements damaged by construction shall be restored to previous condition. Item No. A21 Adjust Water Valve to Grade and Install New Box: Work under this item shall include all labor, tools, equipment and material costs to adjust water valve to grade and replace all water valve frames, covers and boxes and all other work items as required to complete the work in place. Item No. A22 Adjust 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. A23 Replace 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. A24 Install 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, • SP 14 OF 20 temporary striping and marking, and all other work items as required to complete the work in place. The city has included striping plans for all of the streets within the Seawind Tract, Pacific View Drive, Marguerite Avenue, Clay Street, St. James Road, and St. James Place. For. the remaining streets the contractor shall inventory all striping (prior to commencement of demolition), and submit a plan to the city that will replace all existing striping. Item No. A25 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. Item No. A26 Provide As -Built Drawings: Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the engineer for review prior to monthly pay request. SOUTHBOUND MACARTHUR BOULEVARD MEDIAN MODIFICATIONS (R- 5877 -S) Item No. 131 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, obtaining permits, preparing the SWPPP and construction schedule, and all other related work as required by the Contract Documents. Item No. B2 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, fiagpersons. 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. B3 Remove Existing Encroaching. Improvements; Work under this item shall include removing and disposing of the existing pavement, curb, stamped colored concrete, irrigation system and landscaping, and all other work items as required to complete the work in place. Item No. B4 Type 'B" PCC Curb: Work under this item shall include subgrade compaction, constructing type "B" PCC curb, with an 8 -inch curb face, and all other work items as required to complete the work in place. Item No. B5 4 -Inch Thick Stamped Colored Concrete: Work under this item shall include subgrade compaction, constructing 4 -inch thick stamped colored concrete to match the pattern and color of the existing adjacent stamped colored concrete, and all other work items as required to complete the work in place. • 0 SP 15 OF 20 Item No. B6 10 -Inch Thick AC Pavement Base Course: Work under this item shall include subgrade compaction, constructing 10 -inch thick AC pavement base course, in maximum 5 -inch thick lifts, and all other work items as required to complete the work in place. Item No. B7 2 -Inch Thick AC Pavement Finish Course: Work under this item shall include subgrade compaction, constructing 2 -inch thick AC pavement finish course and all other work items as required to complete the work in place. Item No. B8 Irrigation System Modifications: Work under this item shall include removing interfering portions of existing irrigation system, salvaging sprinkler heads, reinstalling the sprinkler system behind the stamped colored concrete at the Engineers direction and all other work items as required to complete the work in place. Item No. B9 Relocate Existing Sign: Work under this item shall include relocating the existing sign and installing it at the Engineer's direction and all other work items as required to complete the work in place. Item No. B10 Landscaping: Work under this item shall include carefully removing existing encroaching vegetation and replanting it at the Engineer's direction and all other work items as required to complete the work in place. Item No. B11 Construction Surveying: Work under this item shall include surveying services, construction staking, protection and restoration of existing monumentation and all other work items as required to complete the work in place. Item No. B12 Traffic Striping: Work under this item shall include installing traffic striping, pavement markers, 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 CONSTRUCTION MATERIALS SECTION 201 -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250,, Type V." 0 0 SP 16 OF 20 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: 'Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 201 -5 CEMENT MORTAR 201 -5.6 Quick Setting Grout. Add to this section: 'The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout, of a type approved by the engineer.' 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 216 -- VEHICLE DETECTORS 216 -1 GENERAL Loop detector sensor units will be Type E from Caltrans standard plan ES -5A and ES- 5B (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. 9 • SP 17 OF 20 PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 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 the removal method if accomplished by other means. Due to the thin existing pavement section within many of the streets at no times are Super Truck's or Super 10 Truck's allowed within the project limits. 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." 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 "1-1/2 inch" of the last sentence with the words "two (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 for finish course and III -B2 -AR -4000 for base course. All cracks 1/4-inch • • SP 18 OF 20 or greater in width shall be cleaned, have weed sterilant applied, and be 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 -1 h asphaltic emulsion at a rate not to exceed one — 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 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.5 Finishing 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718 - 3402." SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing roots that interfere with the work. The Contractor shall carefully remove the existing encroaching vegetation and that vegetation determined by 0 • SP 19 OF 20 the Engineer to be non - symmetrical with the reconstructed median. The Contractor shall immediately replant those plants, as determined by the Engineer, to be reused in landscaping. Remaining plants shall be salvaged or disposed of by the Engineer as determined by the Engineer. Contractor shall transport any salvageable plant material to a City facility designated by the Engineer. Any plants damaged by the Contractor in his removal efforts shall be replaced by the Contractor. The Contractor shall remove existing portions of the irrigation system and immediately reinstall the irrigation system behind the proposed location for the stamped colored concrete. The Contractor shall salvage all existing irrigation spray head and reuse them. Any heads damaged by the Contractor in his removal efforts shall be replaced by the Contractor. The irrigation system is to be tested, approved and put back into service prior to any construction to ensure irrigation for plant material. The Contractor shall coordinate his construction activities with the median's irrigation requirements." 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 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without 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 refiectorized 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 0 • SP 20 OF 20 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: "I. 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\PB1MShared\0ontrads\FY 04- 05WEWPORT HEIGHTS, CLIFFHAVEN, & SEAWIND REHAB C- 367- ASPECS C- 3677.doc CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 June 28, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL t ccs r• 0'7Y Cr FROM: Public Works Department Sean Crumby, P.E. SV9'.0 949 -644 -3311 scrumby @city.newport- beach.ca.us SUBJECT: NEWPORT HEIGHTS, CLIFFHAVEN, SEAWIND AND PACIFIC VIEW STREET REHABILITATION AND SOUTHBOUND MACARTHUR BOULEVARD MEDIAN MODIFICATIONS - AWARD OF CONTRACT NO. 3677 RECOMMENDATIONS: 1. Determine that the project is exempt from environmental review pursuant to Section 15302 of the California Environmental Quality Act. 2. Approve the plans and specifications. 3. Award Contract No. 3677 to All American Asphalt, Inc. for the Total Bid Price of $1,574,574, and authorize the Mayor and the City Clerk to execute the contract. 4. Establish an amount of $100,426 to cover the cost of unforeseen work. 5. Approve a Budget Amendment transferring $20,000 from Gas Tax, Account No. 7181- C5100063, $60,000 from Gas Tax, Account No. 7181- C5100070, and $322,000 from Gas Tax Unappropriated Fund Balance 180 -3605, to account 7181- C5100782. DISCUSSION: At 10:00 am on June 14, 2005 the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low All American Asphalt, Inc. $1,574,574.00 2 R.J. Noble Company $1,688,829.05 3 Sequel Contractors, Inc. $1,723,205.00 4 Excel Paving Company $1,905,814.00 Q'5 subject Newport Heights,waven, Seawind and Pacific View Pavement R>?It'abilitation — Award of Contract No. 3677 June 28, 2005 Page: 2 The low total bid amount is 4 percent below the Engineer's Estimate of $1,640,000. The low bidder, All American Asphalt, Inc., possesses a General W' California State Contractors License as required by the project specifications. A check of the Contractors references indicates that they have satisfactorily completed similar projects for the City of Newport Beach and other municipalities. This project consists of rehabilitating the roadway pavement within selected streets at various locations throughout the City. The rehabilitation methods include replacing the pavement where it has failed and grinding and overlaying the pavement with a new surface where the pavement still has remaining structural integrity. The streets selected to receive rehabilitation are located within the Newport Heights, Cliffhaven, and Seawind areas, Pacific View Drive east of San Miguel Drive and Marguerite Avenue north of San Joaquin Hills Road. Also included in this project is the Southbound MacArthur Boulevard Median Modifications which reconfigures a portion of the median in MacArthur Boulevard just north of Coast Highway. Included in the construction activities are removing existing improvements, constructing curb, stamped colored concrete pavement, asphalt roadway, modifying and relocating existing irrigation system, and installation of landscaping. These median modifications were bid as their own project in April of 2005. Council rejected bids as the low bid of $78,645 was 64 percent higher than the engineer's estimate of $48,000: Incorporating this construction into the larger street rehabilitation project saved the City $29,596, as the low bid is now $49,049 for this work. Pacific View Drive and Marguerite Avenue were originally slated for improvements in Fiscal Year 05 -06. However the condition of these roads after this year's heavy rain season has deteriorated significantly. The addition of those two streets brought the project cost from the original projection of $1.3 million to the current project cost of $1.6 million. Per the Contract Specifications the Contractor will have seventy (70) consecutive. working days to complete the work. .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. 0 LJ 0 0 Subject: Newport Heightstiffhaven, Seawind and Pacific View Pavementthabilitation — Award of Contract No. 3677 June 28, 2005 Page: 3 Funding Availability: Upon approval of the recommended Budget Amendment, sufficient funds are available in the following accounts for the project: Account Description Measure M Measure M Measure M Gas Tax Transportation & Circulation Prepared by: Sean Crumby, P.E. Associate Civil Engine Attachments: Project Location Map Bid Summary Budget Amendment Account Number 7281 C5100795 7281 C5100783 7281 C5100782 7181 C5100782 7261 C5200736 Amount $268,000.00 $410,000.00 $540,000.00 $402,000.00 $55,000.00 Total: $1,675,000.00 Submitted by: Badum s Director 0 z = Z WgaUaW IL LU OO a w� Z0 LL 00 Uj IL Jai_g ~ U m lop m `(jWJ W W U U oa p O m 9 $ a � E Q a° M A ed¢ g� W W ? pi 25 ¢F W W c� 3 wa 6 f °o °o $ $ $ o $ a omo b o �n g° vn $vb°O18 r90'=000 8 m N T ' W n OQ 18888888 m W O e M rp O S N O O W Q m O S$ O n O N S S 880008001 S S S OM S $ S S S S 0m $ G 0 N O Ol O O N a W S S$ S S p A m N 0 0n W 0 0 0 Y $ 8 w N 0 0 O 0 m N A O O N M Q N O M Q r O $ S O O O 0 O S S SS O OO O O O S SO O O O $ Z 90.9 m O°N N °d$ N S S S p 0,a 0 m p SO $ O $ S O N Oa �NS y $ a p a p °O O S b W O 000 4 (.I l+l N N NESS COI m [V N W M O W b N n O O r N Q 0 b Q N r b N O P 0 M p np N N Qaaa$ N 0 O O O & N Q O S S O n O N b $$$ S O O O S $ IN $ z o o O c; M 1 O N N cd Q° SO �i 0S 6 6 00 g80 M• -MOr°I p oiSO 0 M S p O O O P S$ O O N S $ $ CO $$O $ S S S S SN S e O$ $ 88 N b j F- c�'i O8 a a ° O mom O �°$�c a s o�oo$ $o o 0 N w NO M O N N N p M n Q m g 0 0 n O m n M - � M N 9 r• M g 4 Q w m a m Z o N$yo°Q udSrini QOU 'PC O °W. ° Oo ° o $r $ °o °m °M °n °0e4i o r $ca- mo) SO lm°°nOn cQ m Nn O of vi ° . 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BA- 071 BUDGET AMENDMENT 2004 -05 AMOUNT: $aoz,000.ao • EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance NX Increase Expenditure Appropriations AMD X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: X from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer and increase expenditure appropriations for the Newport Heights, Ciiffhaven Seawind and Pacific View Street rehabilitation and southbound MacArthur Boulevard median modification project. ACCOUNTING ENTRY: BUDGETARYFUND BALANCE Fund Account Description 180 3605 Gas Tax Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account Description EXPENDITUREAPPROPRIATIONS (3603) Amount Debit Credit $322,000.00 . Signed: Signed: Signed: City Manager City Council Approval: City Clerk • Automatic Date DatV Date Description Division Number 7181 Gas Tax Account Number C5100063 Street Widening ROW Acquisiton $20,000.00 Division Number C5100070 EIR/Preliminary Plans $60,000.00 Account Number C5100782 Seawind Community Pavement Rehab $402,000.00 Division Number Account Number Division Number Account Number Signed: Signed: Signed: City Manager City Council Approval: City Clerk • Automatic Date DatV Date