Loading...
HomeMy WebLinkAboutC-3968 - Eastbluff Drive Street Rehabilitation0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Uilani 1. Brown. MMC February 17, 2009 All American Asphalt P.O. Box 2229 Corona, CA 92878 Subject: Eastbluff Drive Street Rehabilitation (C -3968) To Whom It May Concern: On January 13, 2009, 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 January 16, 2009, Reference No. 2009000020609. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is 089 03 502. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • www.cily.newport- beach.ca.us 0 0 CiTY OF NEWPORT BEACH PUBLIC WORKS DEPARiMENT 9-0NTRACT NQ. 3988 EXECUTED IN FOUR (4) KARTS BOND NO-089 03 502 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 "Princlpal; a .contract for construction of EASTBLUFF DRIVE STREET REHABiUTATION, Conhaot No. 3988 In the City of Newport Beach, in strict conformity with the Plans, drawings, specifications and other C h of 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 axe "e Contract No. 3988 and the terms thereof require the tumishft of a bond, providing that if Principal or any of Principal's subcontractors, shall fad 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 some lD the extent hereinafter set forth: NOW, THEREFORE We the undersigned Prindpal, and, FIDELITY AND DEPOSIT CoMpANV or M E n AM duly authorized to transact t>11sUmesB under the laws of the State of CaYfWnia, es SurWy, (referred to herein as'SWW) are held firmly hound unto fits City of Newport Beach, in the sum of One Million, Sbdy-Nine Thotvmw4 SixtyNine and M100 Do9ars ($1,069,060.00) br#AA money of the United States of America, said sum being equal to 100% of the estimated amount pay" by the City of Newport Beach under the terms of the Contract for which payment well and truly to be made, we bind ourselves. our heft, executors and administrators, successors, or asskjns, jointly and severally, firmly by fhese presenL THE CONDITION OF THIS OBLIGATION IS SUCH. that if the Principal or the Principal's subcontractors, fad to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withhold and pail over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with reaped to such work and labor, then the Surety will pay for the same, In an amount not exceeding the sum specifted in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of Calffornla. • 0. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to Me claims under Section 3181 of the Califomis Gvil ODde so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and In accordenoe with the provisions of Sections 3247 at seq. of the Chris Code of the State of Cafdomla. Ar4l Surety, for value reoehed, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the spectlications accompanying the same shaft in any wise affect Its obliigatIons on this Bond, and R does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an Individual, it Is agreed that the death of any such principal shall not exonerate the Surety from Its obligatlons under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Prindpai and Surety, on the 13th day of MAY . 2008. FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 NO. BRAND BLVD GLENDALE, CA. 91203 Address of surety SURETY: 818-- 4092800 AGENT: 714.935 -1112 Telephone OWEN A, BROWN, AT RNEX -XN -FACT Print Name and T'Itie NOTARY ACKNOWLEDGMEtM OF CONTRACTOR AND SURETY MUST BE ATTACHFD 27 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On May 1. 2008 before me, Brenda L. Royster, Notary Public Dine Ikro heM ronua TIM aM Offmr personalty appeared Robert Bradley wlmalorsvwYr-- BRENDA L. ROYSTER Commhslon Y 1700922 Notary Public - Calltornla Rlveralde County W Co rrm lExpkw Oct 26, 2010 P4ce Netwy Seal •beve who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/sheAhey executed the some in his/heNiheir authorized capacity(ms), and that by his/herRheir signature(&) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my "nd and official OPTIONAL Though the information below is not required by law, it may prove valuable to person raying on the document and could prevent fraudulent removal and reatUchment of this torn to another document. Description of Attached Document Title or Type of Document Labor & Materials Payment Bond — City of Newport Beach Document Date: May 132008 Number of Pages: 4 Signer(s) Other Than Named Above: Owen M. Brown. Attomey -In -Fact Capacity(ies) Claimed by Signers) Signers Name: Robert Bradley Signer's Name: o Individual o Individual X Corporate Officer — Title(&): Vice President • Partner — o Limited o General • Attorney in Fad o Trustee Signer is Representing: Topae there • Corporate OgoGene • Partner — o o Attorney in Fo Trustee o Other: Signer is Repr U L CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ORANGE on 4 -28 -08 before me. BARBARA J. B> ' NOTARY PUBLIC 1,166 1,166 & personally appeared OWEL M. BROWN J- Iry Y .1: PI Harty 9606 Abe.. who proved to me on the tame of solslactory evidence to be the person( whose name(s) islt subscribed to the within instrument and acknowledged to me that haWNAMW msarted the same in hfsift■lirtr aWtortaad capediy(M), and that by hislieiliftifir sigrreture(4) on the instrument the personal, or the entity upon behalf of which the persons) acted, eiwculad the ins"iertt UPTAMAL 7h96/dl a,a /lurml•tlor6 E91NIr & not r•gtlred Ay 41K R eiaYpae?./d6m•19 b Pre�e r�Yj't0 am I,e dac7fnerlf and =0Aowent belAAmil remove; aid reamdownt of d* form b amew dwAiarsf. Description of Attached Docmvw* T09orType of Document PAYMENT BOND NO. 089 03 502 ,6666 •��.:,.:.::: 5 -13 -08 Number of Pages: TWO .(2)- Capacity(im) Ckkned by StDnsr(a) ❑ Partner — ❑ Limited ❑ General XXXAAttorney in Fact • Trustee • Guardian or Conservator N _ �di .1 II 1 A' / Y,..171111 F , ' �1 Tap d 9n1vD here C. ❑C rpaateOfficer— TdWs): QPP#W — ❑ Liu aw ❑ General . ❑ Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: SWw Is Top d 900nb hem 02DV NOW" Nervy Af6otlrm.Wn0068ab Ara. PAlaoc •IR2•CMr6attG •g1i21@•uwet6.6r palYyag Vr OSWr RWrftrC07*FMI4VD47540V r 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 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 dat y nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and o act, to make, execute, seal and deliver, for, aLonits ehalf as surety, and as its act p taking s, and the execution of such bondrtakings in pars s n said Company, as fully and amply, to all intents ans, as if xe ged by the regularly elected officers of the Company at its offi it s power of attorney revokes that issued on behalf of Owen M. BRl ruarvanQ The said Assistant 1;6 Section 2, of the By- IN WITNESS t affixed the Corporate December, A.D. 2004. ATTEST: ,gyp otrp+� +a .e�or� n ! o 0 Ordfr%t 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 . City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND 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, carne 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 saitb, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding itsswment 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. W TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal the day and year first above written. ,,,ni11N0 POA-F 0124160 Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 O RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 This Document electronically recorded by Wert Mail A Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder 1111111111MIMI NO FEE 2009000020609 11:57am 01/16/09 213 92 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 Americna Asphalt, of Corona, California, as Contractor, entered into a Contract on May 13, 2008. Said Contract set forth certain improvements, as follows: Eastbluff Drive Street Rehabilitation (C -3968) Work on said Contract was completed, and was found to be acceptable on January 13. 2009, 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. OC A E VERIFICATION Works Director Newport Beach certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. q Executed on Jame 14, °� l at Newport Beach, California. BY City Clerk A t% N U A� U Z w OC A E VERIFICATION Works Director Newport Beach certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. q Executed on Jame 14, °� l at Newport Beach, California. BY City Clerk 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. January 13, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Andy Tran 949 -644 -3315 or atran @city.newport- beach.ca.us SUBJECT: EASTBLUFF DRIVE STREET REHABILITATION — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3968 Recommendations: 1. Accept the completed work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. Discussion: On May 13, 2008, the City Council authorized the award of the Eastbiuff Drive Street Rehabilitation project to All American Asphalt. The contract provided for the removal and reconstruction of deteriorated concrete sidewalks, curb and gutters, driveway approaches, cross gutters and curb ramps. It also includes cold milling of existing asphalt pavement, and overlaying the existing pavement section with asphalt concrete. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $1,069,069.00 Actual amount of bid items constructed: $968,754.24 Total amount of change orders: $7,835.07 Final contract cost: $976,589.31 The decrease in the actual amount of bid items constructed over the original bid amount primarily resulted from a decrease in the amount of asphalt concrete needed. The final overall construction cost including one change order was 8.7 percent below the original bid amount. to the median curb on with this change order. 0 Eas"Ar Drive Street RehabCaWn Jamsery 13, 2009 Page 2 The one change order was for the installation of sod adjacent Vista del Sol, A 90 -day maintenance phase was also included A summary of the project schedule is as follows: Estimated completion date per June '07 schedule: October 24, 2008 Project award for construction: May 13, 2008 Estimated completion date at award: September 4, 2008 Actual substantial construction completion date: August 29, 2008 The project was substantially completed ahead of schedule. The 90 -day maintenance phase, which was added as part of the change order ended on November 24, 2008. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementation Guidelines at the time the project was authorized by the City Council. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Fundina Avallability: In addition to the primary construction contract, this project involved other project expenses. Total project expenses are summarized . as follows: Construction $976,589.31 Engineering — DMS Consulting Engineers $69,865.00 Material Testing — Harrington Geotechnical $3,468.00 Inspections $271.80 Incidentals $438.52 Total Project Cost $1,050,632.63 Funds for the construction contract were expended from the following accounts: Account Description Gas Tax Measure M Tumback Prepared by: Andy Traff Senior Civil Engineer Account Number Amount 7181- C2002009 $902,100.31 7281- C5100019 $74,489.00 Total: $976,589.31 Submitted by: Badum s Director 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Uilani 1. Brown, MMC January 14, 2009 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion for the following projects: 1. General Services for Building D Locker Room and Restroom Remodel (C-4029) 2. Eastbluff Drive Street Rehabilitation (C -3968) 3. Tennis Court Fence Replacement — Grant Howald Park (C -4043) 4. Mariners Park Restroom Construction (C -3992) 5. Pelican Hills Road North and Newport Coast Drive Southbound Right -Tum Improvements (C -3945) 6. 2007 -2008 Sidewalk, Curb and Gutter Replacement Program (C -3974) Please record the enclosed document and return it to the City Clerk's office. Thank you. Sincerely, in (I� 1��P Leilanl I. Brown, 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 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 All Americna Asphalt, of Corona, California, as Contractor, entered into a Contract on May 13, 2008. Said Contract set forth certain improvements, as follows: Eastbluff Drive Street Rehabilitation (C -3968) Work on said Contract was completed, and was found to be acceptable on January 13. 2009, 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. Works Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. ! q Executed on Ja�� � l at Newport Beach, California. BY City Clerk J CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT t1L"T* c EXECUTED IN FOUR (4) PARTS BOND NO. 089 03 502 The premium char�es on this Bond Is $ 4,544.00 being of the rata of $ 4 5 th0U8and of the Contract price. WHEREAS, to City Council of the City of Newport Beach, State of CeWomis, by notion adopted, awarded to All American Asphalt, hereinafter designated as the 4P&dpaP, a contract for construction of EASTBLUFF DRIVE STREET REHABILITATION, Contract No. 3988 in the City of Newport Be** in strict conformity with the plans, drap fts, specifications, and other Contract Documents maintained in the Public Works 00prerbnem of the City of Newport Beech, all of which are incorporated herein by" reference. WHEREAS, Principal rise executed or is about to ewaar6e Contract No. 386! and the terns thereof require the furnishing of a Bond for the febful performance of the ConsaOk NOW, THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND ' duly 8uthartzed to transact business under the news of the State of Caifomla as Surety (hereinafter 'Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of One Million, Sixty -Nine Triousand, Sixty -Nina and MOO DaQam ($1,069,069.00) ImWul money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind otusehes, our heirs, executors and administrators, successors, or assigns, jointly and seversk firrnty by time present THE CONDITION OF THIS OBLIGATION IS SUOi, that if the Principal, or the Prindpars heirs, executors, administrator, successors, or assigns, fag to abide by, and well and truly keep and perform any or as the work, covenants, conditions, and agreements in the Contract Documents and any alWatton -thereof made as Owein provided on Its part, to be kept and performed at the time and in the manner therein specified, and M al respects according to Its he Intend and meaning. or falls to Indemnify, defend, arQ save harmless the City of Newport Beach, Its officers, employees and agents, as therein stipulated, then. Surety will faithfully perform the same, in an amount not exceeding the sum specified In this Bond; otherwise this obligation shall become null and void. R-1 As a Pan of the obligation secured hereby, and In addition to the face amount specitied in this Penfom►ence Bond, there shall be Included costs and reasonable expenses and tees. including rmisonabte attomeys fees, incurred by the City. ortly In the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. aiteratiohs or Surety, for addiitions to the terms of�the�tContract agrees to the work to be er extension of time, partamad ttwreunder or to the spec ftatlons accompanying the same " in any way affect Its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additrw of the Contract or to the work or to the specifications. This Faithful Performanoe Bond shell be extended and maintained by the Principal in full force and effect for one (t) yew following the date of formal eocep6rnce of the Project by to CRy. In the event that the Principal executed ft bond as an Individual, it Is agreed thot the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF. this Instrument has been duly executed by the Principal and Surety above named, on the 13th day of MAY . 2008. FIDELITY AND DEPOSIT COMPANY OF MARYLAND New of Surety 801 N0. BRAND BLVD GLENDALE, CA. 91203 Address of surety SURETY: 818 -409 -2800 AGENT: _ 714_- 935..n i t g Telephone OWEN M, BROWN, ATTORUJ Tu WT Print Name and Title NOTARY ACKNOMAMOMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On May 1, 2008 before me, Brenda L. Rooster, Notary Public Dale Here Preen name a TM of ma Ofrcer personally appeared Robert Bradley NW-OWN S -(rlr who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helsheRhey executed the same in BRENDA L. ROYSTER hlsAwAltheir authorized capacity(ies), and that by his/hesAheir Commission A 1700922 signature(s) on the instrument the person(s), or the entity upon behalf Notary Public • Collfornia of which the person(s) acted, executed the instrument. Riverside County tri/Conm &gcNwCct26.2010 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my/,Vand and official seak Signuturc Place NOWY setl Abe" siy7w6rre W Nar7ry vWDlk OPTIONAL Though the information below is not required by law. it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this forth to another document. Description of Attached Document Title or Type of Document Faithful Performance Bond — City of Newport Beach Document Date: May!{ 2008 Number of Pages: 3 Signer(s) Other Than Named Above: Owen M. Brown, Attomey -In -Fact Capacity(iss) Claimed by Signer(s) Signers Name: Robert Bradley Signer's Name: o Individual r: Individual X Corporate Officer — Title(s): Vice President c Corporate Officer — Title ❑ Partner — 3 Limited o General c Partner — o Limited eneral = Attorney in Fact u Attorney in Fact roc d m7.n77e,e Tao d mono 7777 Trustee ❑Trustee = Other o Other: Signer is Representing: Signer is Representing: 0 0 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT n^. r�c. s< �. cN. crz_ r. �r��r, �: �r�' zrcncccrev.cr.�rrr�.'r.��':+'. Sir' ��. r�.r_rzrrnrrcrcrzry=r.�cyv��.�C .State Of California ORANGE On 4 -28 -08 before me. BARBARA J. BENDER, NOTARY PUBLIC Deb persmuilly OMEN M. BROWN WIN �.' 11' PIIM NW" BM1 Ibr who proved to me on the basis of sabsiaclory evidence to be the persona) whose name(*) is/as■ subscribed to the within instrument and edmowledged to me that haf~W eimatted the same in hisAadki r authorized ), and that by haft~ srgnawrs(f) on the instrument Cie person{*), or the entity upon behalf of which the person(*) acted, executed the ttstrurnort nnuyl ww &* nnetlan below is no mqufred by at a may pow jotow a parsons m6 ft on ow dxmww NO Bnrwd prelerw Naedrkrw MMOMW and resbedvelerw Of rbb Gxm to enWW dxarrlerlt Descr%Alon of Atlaetrod Document TIUe or IW* of Donment PERFORMANCE BOND NO. 089 03 502 Docrwrverw Date: _ -- 5 -13 -08 Signer(s) Oliver -Man Named Above: ALL AMERICAN ASPHALT Capacky(fee) Ck n■d by Signer(s) ■ • Corporate Olfloer — Tile(s): — ❑ Partner — ❑ Limited ❑ General XM ttonW in Fact • Trustee • Guardian or Catservawr • Clow ud n v w- -4 ._..t I ' n Top of Ovnb here Number ot Pages: Two.. (21 Signed Name: kKvvkkw ❑ Corporate OHioer— Title(s): *'Penn` — ❑ Limited ❑ General ❑ Attomey, in ftcl Top of Mxnp nMe 13 Tnretse ❑ G wdlan or Conservator ❑ Odrer: SWw Is 02dn OM3- 2M• a9 •nA IBM FMK*CSITC"M 1400- � Company Profile • • Pagel of 2 Company Profile FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER 1 SCHUAMBURG, IL 60196 -1056 800-382-2150 Agent for Service of Process ANDREW K. PLATT, C/O ZURICH NORTH AMERICA 801 N. BRAND BLVD., 13TH FLOOR GLENDALE, CA 91203 Unable. to Locate the Agent for Service .of Process' Reference Information NAIC #: 39306 NAIC Group #: 0212 California Company ID #: 2479 -4 Date authorized in California: January 01, 1982 License Status: UNLIMITED- NORMAL Company Type: Property & Casualty State of Domicile: MARYLAND Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER http: // interactive. web .insurance.ca.gov /webuser /idb co prof utl.get co prof?p EID =6217 05/16/2008 Company Profile • • Page 2 of 2 SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - May 07, 2008 02:35 PM Copyright 0 California Department of Insurance http: // interactive. web.insurance.ca.gov /webuscT /idb co prof utl.get co prof ?p EID =6217 05/16/2008 .i-. • 0 CITY OF NEWPORT BEACH NOTICE INVITING BIDS CITY CLERK 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 23rd day of April, 2008, at which time such bids shall be opened and read for EASTBLUFF DRIVE STREET REHABILITATION Title of Project Contract No. 3968 $ 1,251,500 Engineer's Estimate M =1 �fephen G. Badum ubiic Works Director Prospective bidders may obtain one set of bid documents for $25.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Ciessilrcation required for this project: "A." For further information, call Andy Tran, Prolect Manager at (949) 644 -3315 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: htti)://www.city.newi)ort-beach.ca.us CLICK: e- onlineservices /e- bidPublicWorks 0 • 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT EASTBLUFF DRIVE STREET REHABILITATION CONTRACT NO. 3968 TABLE OF CONTENTS NOTICE INVITING BIDS ................................ ............................... .......................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 z r • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT EASTBLUFF DRIVE STREET REHABILITATION CONTRACT NO. 3968 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 BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 2. Cash, oertified 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 dearly 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 cored multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in SOOZ £Z 1IIIdV :YSVO (lI9 (pe4ogie eQ lsnLu 14" V ledriuud to WOWSPOWAUW8 tigflN) MI pue euraN Uwd 1OV3- NI- ;MHO11V 'NM0119 'W N3M0 ZIII- S£6 -7IL :SN39V 00SZ- 607 -818 :)LI3NIlS AW+S 10 9"IPPV £ OZ 16 *V0 ' 3'IVQN3'I9 QA'I9 QNV89 'ON 108 A8m610 eU BN QNV'IAIIVW 30 I.NVdwoo ZISOd3Q (NY ASI'TiQId (P*Ot4Ad) JWe.4uoa !D eul9N lTmdsv NV9IN31+IV 'I•IV 8002 !D Il@p -9:i 7I sm spmg 1no mmuRM "Noe slip jepun wmeBggo sll ujal Aains 841 &Mwimm 1ou 11846 18dp4w tpns &a )0 4p op atA 1e1n paejBe 91 N IenPl W ue Qv P109 SM BulirMXG 91 Puce =0 6wVMX8 10*KRJd POIAS18PUn 84111 'Prop PUB Im MLAWK4849 U0406490 sun P'.P18MV P W483MON. JO B 48tu 84410 848P 841,fue &A* ispueleo (0e) A to LNW Pp *4 eia to uopomqguoo 841,01 watiowopue PUS saieoyntao ew%eutsul 104BPD pue 'Wwq pWbAj 841 &qMPul 'POWOSOA (s)ULIN 841 41 sluftwoM pwiuoa aLA Wine" of %M IedPuud 844 PUB '184mNd 844 01 PeWeh►a 81 pejW o pesodoA 841 We 4oe891iodNON to Ala 81A 10 Punoa A D oW Aq pWftw sl 'qae vod"N io Mo ma ul 898£ 'oN boa 'NoLmn1mam amm aAma Am-mm 10 uopn4suoo 844 iol Iedpo + PeuBl8 wm eta to lesodoid Pig 841 11 4neog VodmON to Ala 844 a4 Pelpool Pus Pled eQ q I YkIl u� lA[J L smim ens e��Q� QI9 WWI 30, SN39113d N3 � `r "° " 10 Ala 841 01 Pw1o4 Aluug PUB play �U8J8nea Pue 4UPf eq 01 8W6* 'salapslaliupe PUB s494 'aloviows 'suBlese pue awssemv im 'AemS pue ledpujid pau&wapun a%'aM =6 `,l 1 o. liT J.NamaNdaa mom mend 14OV38 lWdM3N d0 "D £IoL6 S80 'ON ON09 • % 0 0 CALIFORNIA ALL - PURPOSE ACKNOMILEDGEMENT State of California County of Riverside On April 22, 2008 before me, Brenda L. Rooster, Notary Public Dare Hem ha one eM Trb d are omwr personalty appeared Robert Bradley r el4et sgMW BRENDA L. Roys7ER Comnflubn i l I609t2 Notory Public - Collrornlo Rlvenlde County MyrprTMea�oc+zasoto who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istwe subscribed to the within instrument and acknowledged to me that he /she" executed the same in hislherAheh authorized capacity(iss), and that by hisArerAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the forgoing paragraph is true and correct. WITNESS rn and and offiidAI seal. // Signature ' w /(�W n0— ' areee No" 9eY iCOVe alpneNn of Netry vuOYc OPTIONAL Though the intonation below is not required by law. a may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another doCOmem. Description of Attached Document Title or Type of Document Bid Bond — City of Newport Beach Document Date: April 14, 2008 Number of Pages: 3 Signer(e) Other Than Named Above: Owen M. Brown, Attomey -In -Fact Capacity(im) Claimed by Signers) Signers Name: Robert Bradley Signers Name: o Individual o Individual X Corporate Officer — Title(s): Voe President o Partner — o Limited o General o Attorney in Fad 7 Trustee Tor+ d avmb n ❑ Other: Signer is Representing: All American As aft • Corporate Officer — Title(s): • Partner— o Limited o Ge /nom • Attorney in Fad/ • Trustee o Other: / Sign4fr is Representing: - 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 1. 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 dat y nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and o act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act a akings, and the execution of such bonds or undertakings in pursua o , s o said Company, as fully and amply, to all intents and purposes, as if x ged by the regularly elected officers of the Company at its office in Ba ' rB it is power of attorney revokes that issued on behalf of Owen M. BR suarvdMQ 9, The said Assistant 5F Section 2, of the By-ifl WMgESS affixed the Corporate December, A.D. 2004. ATTEST: :1 0 .Q the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. WOF, 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 i ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND 9'__' ,). /�- Eric A 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 subscnbed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal the day and year first above written. POA -F 012 -4160 Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 Best's Rating Center - Com�y Information for Fidelity and Dep Company ... Page 1 of 1 Rating Center vew 4a1r Flnar" Stn.gU nswr CrMn Saanust AaJ=NkJ 50Vck Rating Methodology F Wt' iustry Research RahngsDefnift= k Fidelity and Deposit Company of Maryland Search Best's Ratings :•^e^rr4 "'ra:,/r+..ai serv.r.:.o.s• .N . as. rFMa ll.r' Press Releases Address: 1400 A—can Lane Phone. 941.605 6000 Sr. inavg. IL fie 19610515 Fax. 847 .6055011 Related Products ► web vnvly zvKi,,a :cm Bears Ratings Country Risk Structured Finance Financial Strength Ratings View Definitions Raging A(Excellent) Fbwto (iH Rated Fmaeancial Cade pXV Category (12 NW n gmetw Contact an .Analyst Qa . Pasant Act., Afrhrisd ERenive Dale December 11, 2001 Denotes Under Review Best's Ratings ✓GVq oW44nr PVh/tAM/ lFeuer Cteda Ratirgs View DeHnittone Wig Term: a. CiAwk Positive Acorn AMmsse Dale December 11. Mal Reports and News VRII W r fJewSROgn br Pie latest r!e'A'S seed pets rek,&,t for Mrs wmDeny arA his A M Bat GmA ANS Credit Report - Insurance ProtesalorW (unabodgea) (fonnerty known as Best's Company Report) - axlwes Bests Fin: ranenale a"wen ~Cal wmnMn!ary. detailed buyma> oVener and key meMWl seta Report Rrvbbn Date: 121 U2DC7 (represents the latest signiftoaM change) .— I44tg1CAl ReDg15 as evatabie �n AMB CteaO RODC/t fnspam a Rga5nn2! (Ur1Ab!Aged1 NMs "t I Best's EsacutWe SUmmwy Ra M (Financial0vomWw) Na la+! in airs@ ver9'g15, losses VasentatKn uyte rapaU leal✓c balenca S 1(LW>D�r1^ key Ananoal Iseramalce Iest5.Ci A.rg pgaa,ilily. mram, ant re: a analysis Data Status: 2008 Bars StalemDn rile . P.-C. US C Wkns agile rompWedl as of 4122/2008 (QualitY Cross Checked) s SmgN Gdmpwiy t� ye,an ct finance dab aOecAKelry phi ms coppany e Comparison - sde bysde finaric,a e'ase's d :M company into a peer grplD W VD to Rve qne comperes yw aNM. e CanpoeAe evaluate NK cgnpanYS rnarlpalg a9Hnsl a Mar yroip Cgmpoute RepOrl ORI'a9y4 bON ins average acrd lalal gxnpOYle group i AMB Cradle Rattan - B"Wrass Professional povda Inreb years of key financ,nl Gala pmsdnled loan cdglul ~S ans lades Eacb n F�ai beat gals Ratings. Rating RanCnale and an sk,aria from our ausnas R Vew NmmenWry s""` Data Status: Contains date templed as 4+7212008 (Oualhy Cross Checked) B"t'S Key Rating Gable Pre MM O. Regal �nclwa Bars Financial SV"M Rating eta finan al dale as goaded n Bars Key Ra Der Starke: 2006 Feenciel Data (Quality Cross Checked) 4t Financial and Analytical Products Bests PrwenylCasu9!IYcenter . Pramvn Uata 8 Roppts BisSrS Kay Ratirg Guide PIC, US a Canada Besl'S Statement File PIC. US Bars Statement File Globe Beers Insvan_e Reports PIC, US S Canada Bests Stale Line PC. US BasrS li,S FaMe E.pense EAn @a (IEE) PIC US Best's Regulatory Gvae Market Share Re- s F169rs SVIedVle P 11044 Re5erw91' PC. US . ............... .._ -_ __�-- .._....._ Customer Ser e I Produd Support I Member Center I Con as Into I Careers AW4 A M Best I Site Map I Privacy Ply I Security I Terms M Use I Legal S Licensing C,W,m10100®A IA nest COnliarr /. lrG At rgnn reseWd. r •.1 past Wgldi'/de ltadauartms. AmbaSl 8080. OIM.v[k. hill Jersey. 08a5a. U S A h tt D: / /www3. a m be st. co m/ rat i n g s/ F u I I P ro fi l e .asp? B I =0 &A M B N u m =38 7 &A I t S rc =1... 04/23/2008 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT EASTBLUFF DRIVE STREET REHABILITATION CONTRACT NO. 3968 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) Subcontractors InforTnation Bid Item Description of Work %of Number Total Bid Name: A01%. VMier Lle kT Address: pA%3P.ki ,all Co•+dv I7 2fo Phone: ?ly 4043'43 -i State License Number. $2.7_r4SO Name: SvAhAIC^1L Co STJpi�rq 9� /w ,#A§eAyf Address: #4"PrL'W- M Z� 3,IDro Phone: to? 874 Z4 IS State License Number 'L 3 (e -7 Name: fCATO LArvdtew(+G LA SGspLi Address: Phone: 7/0 4rt5 3 cl(o /S State License Number. 90 fWJ2 L A } l r r rIj Bidderi �i =. 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT EASTBLUFF DRIVE STREET REHABILITATION CONTRACT NO. 3968 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 fisted, 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 subjed to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Rom Description of Work %of Number Total Bid Name:&1ob &L SeaL.i,"7 �h�►fF,'c LoroP S Address: W,EfTYM/N /s;' G 2,7 A.30700 Phone: 71 feSq 3 od&gS State License Number. 7575 gq Name: gubwi G40G1eF/ G,t/QC Seta l_ Address: PU L e4 -r& ^0 .75 Phone: T/4V VqJ 5(47- State License Number. •rt g 758 Name: Address: Phone: State License Number. 1 r I r 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT EASTBLUFF DRIVE STREET REHABILITATION CONTRACT NO. 3968 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll Please print or type. 0 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: No. 1 Project Name/Number Project Description Approximate Construction Agency Name Contact Person To: Telephone ( Original Contrac>,Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) NIP- 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. D No. 2 Project Name/Number Project Description Approximate Construction Dates: Agency Name Contact Person To: Telephone ( Original Contract Amoo $ Final Contract Amount 0 If final amount is different from original, please explain (change orders, extra work, etc.) N 1 r Did you file any claims against the Agency? Did the Agency file any claims against you/Contractorl If yes, briefly explain and indicate outcome of claims. JJ O No. 3 Project Name /Number Project Description Approximate Construction Dates: Agency Name Contact Person Telephone ( Original Contract Ay(ount $ Final Contract Amount $ If final amount ik different from original, please explain (change orders, extra work, etc.) )-> tA- 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. /vy No. 4 Project Name /Number Project Description Approximate Construction Dates: From Agency Name _ Contact Person To: Telephone ( ) Original Contract Amount $/ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) NI0- 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. INTO No. 5 Project Name/Number Project Description _ Approximate Construction Agency Name Contact Person To: Telephone ( ) Original Contr�af Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) hs I ft- 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. E E No. 6 Project Name/Number _ Project Description Approximate Construction Agency Name Contact Person Original Contract Am nt To: Telephone ( $ Final Contract Amount 0 If final amount is different from original, please explain (change orders, extra work, etc.) N/ & 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. 0o 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. cue— A.m-6E 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. ,4U 4MMc*,) *#4G-r p Bidder u rized Signature/Title /. r 10 0 0 "2007" PAST WORK REFERENCES City of Westminster 8200 Westminster Boulevard Westminster, CA 92683 Citywide Street Improvements Contract Amount: $1,085,000.00 Start: 11/2006 Contact: Theresa Tran, (714) 898 -3322 Ext. 282 Completed: 6/2007 City of Irvine P.O. Box 19575 One Civic Center Plaza Irvine, CA 92606 -5208 Contact: Uyenly Bui, (949) 7247559 City of Anaheim 200 S. Anaheim Boulevard Analt : 92805 Contact: kobert Luciano, (714) 765 -5286 City of San Clemente 910 Calle Negocio, Suite 100 San Clemente, CA 92376 Contact: Gary Voborsky, (949) 361 -6132 City of N- port Beach 3300 `; � wport Boulevard Newport Beach, CA 92658 Contact: Andy Tra% (714) 6443311 City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Karim Vatshochi, (714) 412 -2722 City of Tustin 300 Centennial Way Tustin, CA 92630 Contact: Benny Tenkean, (714) 573 -3161 Jeronimo Road Contract Amount: $649,000.00 Stan: 312007 Completed: 5/2007 Weir Canyon Contract Amount: $795,000.00 Start: 3/2007 Completed: 612007 North El Camino Real Contract Amount: $1,400,000.00 Start: 4/2007 Completed: 6/2007 Citywide Street Improvements Contract Amount: $1,392,000.00 Start: 1/2007 Completed: 5/2007 Seal Beach Boulevard Contract Amount: $930,647.00 Start: 12/2006 Completed: 412007 Jamboree & Tustin Ranch Rod Contract Amount: $2,700,000.00 Start: 11/2006 Completed: 4/2007 P.O. Box 2229, Corona, CA 9297 8-2229 Doug Harrington WOtfFtd[�r .,.1' ;_ .'.. 1996- Present AJI American Asphalt Corona, CA Co�s6trctlon • Supervise construction activities for general engineering contractor. • Manage grading, concrete, and paving operations for both public and private work projects. 1990 -19% Paving Staperbt0ertdert • Managed all paving operations. • Responsible for organizing petsoaael, equipment and materials for paving projects. • Responsible for project acceptance. • Handled customer inquiries and complaints. 1988 -1990 Foreman • Managed daily operations for grading, concrete, paving and public works projects. • Responsible for quantity verification and contract changes. 1977 -1983 Industrial AsphaltMunt Mix Irwindale, CA Operating Fnglneer • Responsible for daily maintenance and operation of various heavy machinery. AddlU*di* nfr ft' - Attended various educational classes relating to the construction industry including: Agtec Pointman Training (Non contact sensor grade control) - Asphalt Technology 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT EASTBLUFF DRIVE STREET REHABILITATION CONTRACT NO. 3968 NON - COLLUSION AFFIDAVIT State of California �) ss. County of AMUSMO-) kAeeT ?;g A:A . , being first duly swo says that he OF Ghe is ideg /ARW0 of {ALL xe 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 fox 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. Il # I m mao Ag [fA -LT - 4- Bidder A o rfz ed Signature/Title 7"a��, % D, Subscribed and m to (or affirmed) before me on this day of 2008 by S 01, ' personally known to me or proved to me on the basis of satisfactory evidence to a p�sr on(s) who appeared before me. [SEAL] 11 My Commission Expires: CALIFORNIA JURAT State of California County of Riverside BRENDA L. ROYSTER Commlrelon • 1700922 Notory Public - Cailfornlo RIMSICle County t"N �t'r ^. rya Cct 2D. 2010 R e Nomy E.al Abow Subscribed and sworn to (or affirmed) before me on this 22nd day of April 200 8� Date Month By (1) Robert Bradley Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (.) (2) of brgner Provedto me on the basis of satisfactory evidence be,the person who appeared before mm�e.)),�� Signature Signature of Notary Public OPTIONAL Though the information below is not required by law. it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Non - Collusion Affidavit Document Date: 4 -22 -08 Number of Pages: 1 Signer(s) other Than Named Above: None • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT EASTBLUFF DRIVE STREET REHABILITATION CONTRACT NO. 3968 DESIGNATION OF SURETIES Bidders name A" L SO T 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): 09-A14), 1WVP 6d GWbAl,(s. CA Ct Mv C. TG� 00 _937 - 01 CDus C° 12 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT EASTBLUFF DRIVE STREET REHABILITATION CONTRACT NO. 3968 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL 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 2007 2006 2005 2004 2003 Total 2008 No. of contracts ZIT 11110 I I j Ci 117.611 JIM- 11361 (0113Q - Total dollar Amount of birlo4z� 3"gWG lb%I�D 7n.ir0U3 2dscf4S-1,J%4$C4q (r23�5 Contracts (in Thousands of $ No. of fatalities No. of lost Workday Cases C— No. of lost workday cases involving permanent transfer to .8— another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. 13 0 0 Legal Business Name of Bidder EAR. �( fC,T Business Address: 47 Business Tel. No.: OL7 State Contractor's License No. and Classification: 1G7 07 0-1Z Title VfGE KtzW4DeRr 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. Signatu bi Signatui bi Signatui bil Signatu 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 partnersljoint 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 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On April 22, 2008 before me, Brenda L. Royster, Notary Public Der, Hero enact Hens end Tce o1 me Offim personally appeared Robert Bradley and Mark Luer N~sla So W BRENDA 1. ROYSTER Commission ♦ 1700922 Notary public - California Riverside County _ t''bCOrrm89*00 26,2010 Place Not ry seal n & who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshe/lhey executed the same in hi~heir authorized capacily(ies), and that by hislher their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my herd and official seal. OPTIONAL Though the information below is not required by law, t may prove valuable to person 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 Contractors Industrial Safety Record Document Date: April 22, 2008 Number of Pages: 2 Signer(r) Other Then Named Above: None Capacity(iea) Claimed by Signer(s) Signers Name: Robert Bradley o Individual X Corporate Officer — Title(s): Vice President o Partner — o Limited o General • Attorney in Fact • Trustee c Other: Signer is Representing: Signer's Name: Mark Luer o Individual X Corporate Officer — Title(s): Secretary o Partner— o Limited c General o Attorney in Fad I ! Trustee c Other: Signer is Representing: I. �] CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT EASTBLUFF DRIVE STREET REHABILITATION CONTRACT NO. 3968 ACKNOWLEDGEMENT OF ADDENDA idd / / i The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum . Date - -. F�� ^..•. - 15 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 EASTBLUFF DRIVE STREET REHABILITATION Page: 1 of 1 CONTRA4ftputy 68 DATE: Ll o�i BY: c Works D irector /City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. SPECIAL PROVISIONS - Section 93.1: Item No. 9 - Add "Root barrier panels shall be Century Root Barrier, CP- Series, 24- inch In height with linear application of approved equal. Assume 800 linear feet of root barrier panels to be Installed with this bid Item.' Item No. 10 - Add 'Root barrier panels shall be Century Root Barrier, CP- Series, 24- Inch in height with linear application or approved equal. Assume 200 linear feet of root barrier panels to be installed with this bid item.' Item No. 18 - Add 'Root barrier panels shall be Century Root Barrier, CP- Series, 24- Inch in height with linear application or approved equal. Assume 480 linear feet of root barrier panels to be Installed with this bid item.' Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No.1 Is attached. I have carefully examined this Addendum and have Included full payment In my Proposal. 4 U, " Mcow ASPFT rr Bidder's Name (Please Print) &U—L ;Q X3062( Date _ / ieLR'3e= i1I ...a. . c..t ...nor...•:., 5.;1r i —Ir no 1 Aoc 0. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT EASTBLUFF DRIVE STREET REHABILITATION CONTRACT NO. 3968 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 Business Address: P6. 60Y ;a 9- VC AJAI r�t Z A ,) j Telephone and Fax Number y - -M- oco QS '736 -�7 4 (Fif ) California State Contractor's License No. and Class: -4 76 73 C /Z (REQUIRED AT TIME OF AWARD) Original Date Issued: Expiration Date: 1-31-10 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Corporation organized under the laws of the State of C4- u ,CO3rAJ1A 16 • 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: 1004 All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N 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: N p. Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the ownertagency? If so, explain. M 0 Have you ever failed to complete a project? If so, explain. ,r A 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 la4af,�ompliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes Are any claims or actions unresolved or outstanding? Yes No 17 • If yes to any of the above, explain. (Attach additional sheets, if necessary) Q Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non- responsive. / i[4 / if (Print name of Owner or President Subscribed and swom to (or affirmed) � d) before me on this day of U L _,2008 i by CBW lbif' aw proved to me on the basis of satisfactory evidence to be the person(6ywho appeared before me. [SEAL) BRENDA L. ROYSTER Commission a 1700922 Notary Public - Colltomio Riverside County td/Canm.E7000026.2010 18 / 63 F My Commission Expires: 10-Ug -10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT EASTBLUFF DRIVE STREET REHABILITATION CONTRACT NO. 3968 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT EASTBLUFF DRIVE STREET REHABILITATION CONTRACT NO. 3968 CONTRACT THIS AGREEMENT, entered into this /�tIday of o4q, 2008, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and All Arneritan Asphalt, a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: EASTBLUFF DRIVE STREET REHABILITATION "The work necessary for the completion of this contract consists of mobilization, traffic control, construction notifications, survey services, cold milling, asphalt concrete overlay, reconstruction of concrete access ramps, driveway approaches, cross gutters and sidewalks, landscape and irrigation, signing and striping and all other incidental items of work necessary to complete the work in place." 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. 3968, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 • 0 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, Sixty -Nine Thousand, Sixty- Nine and 001100 Dollars ($1,069,069.00). 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: Andy Tran (949) 644 -3315 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: All American Asphalt P.O. Box 2229 Corona, CA 92878 951- 736 -7600 951 - 736 -7646 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a 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 endorsements for each insurance policy are to be signed by a person authorized by that 21 0 0 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 1173) 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: $2,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 0 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. 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 Contractors 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 insurers liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the 'Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract 23 0 0 amount provided that the Work damaged is built in accordance with the plans and specifications. 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 active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 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. 24 • K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and vear first written above. APP OVED AS TO FORM: AA ON C. HARP Assistant City Attorney 25 Cl A a ALL AMERICAN ASPHALT Title: Print Name: (Financial Officer) ,�' Title: ��� 1.1A -tom. Print Name: 0 r CALIFORNIA ALL- PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On May 1. 2008 before me, Brenda L. Royster, Notary Public Da Here roan name eM Tee of me Offi personally appeared Robert Bradley and Mark Luer Ne tlasv 0) t who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument BRENDA L. ROYSTER and acknowledged to me that hah0withey executed the same in Commission ! 1700922 hisR+erflheir authorized cepacity(ies), and that by bieFhedtheir -� Notary Public - Collforwo signature(s) on the instrument the person(s), or the entity upon behalf Riverside County of which the person(s) acted, executed the instrument. WComm.Ex0wOc120.2010 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my "nd and official PIr No" SW Ae e OPTIONAL Though the information below is not required by law, it may prove valuable to person 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 Contract — City of Ne!AMrt Beach Document Date: May 1, 2008 Number of Pages: 7 Signer(s) Other Than Named Above: None Capacity(les) Claimed by Signer(s) Signers Name: Robert Bradley c Individual X Corporate Officer — Title(s): Vice President c Partner — o Limited o General c Attorney in Fact c Trustee Top d e,uno nee c Other: Signers Name: Mark Luer o Individual X Corporate Officer — Title(s): Secretary • Partner— c Limited o General • Attomey in Fad 11TV a mime rar. • Trustee o Other: Signer is Representing: I I Signer is Representing: rhanH$• AA73 ALL.AMER12 ACORDN CERTIFC OF LIABILITY INSU NCE 5/18 0080 PRODUCER Edgewood Partners Insurance Center Lic #OB29370 (714) 937 -1824 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES , EXTEND OR ALTER HE COVERAGE AFFO DEDNBYT THE AMEND POLICIES BELOW. One City Blvd W, #700 POUC EFFECTIVE POLICY E%PIiUTION Orange, CA 92868.2947 INSURERS AFFORDING COVERAGE NAIC # INSURED NSURER A Arch Specialty Insurance Co. 08/01/07 All American Asphalt P.O. Box 2229 Corona, CA 92876.2229 RSURER B. Ins. Co. of the State of PA $1000000 NSURER c Seabright Insurance Co $100 000 IN6URER O: Hartford Fire Insurance Co. S INSURER E $1000000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO T4E INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 11,1301 TYPE OF INSURANCE POLICY NUMBER POUC EFFECTIVE POLICY E%PIiUTION LIMITS A GENERALLIABITTY X COMMERC, L GENERALLIASILITY CLAIMS MADE O OCCVR GPPDD2265800 Cart Holder is additional Insured if required by written Contract 08/01/07 08/01/09 EACH OCCURRENCE $1000000 DAMAGE TO RENTED $100 000 MED EXP (Am one p n) S PERSONA. AADVIWURY $1000000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE OMIT APPLIES PER PaICY X PRDr Loc PROOUCTS COMPIOP AGG S2000.000 D AUTOMOBILE LIABUM ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS 72UENGK5491K2 Carl Holder is additional insured It required by written contract 08/01107 08/01/08 COMBAEO SINGLE OMIT (Ea am nq $1 000,000 X PAORY IWURY (P,, Pn ) f X GOOILY.WURY IPW amOle^I) S X PROPERTY PROPERTY GAMAf..E $ GARAGE LIMWTY AVY AUTO AVTOONLY. EAA CIOENT t OTHER THAN EA ACC AUTO ON.Y. AGG S $ B EXCE991UMBRELLA LIA &LITY X OCCUR F7 CLAIMS MADE DEDUCTIBLE X RETENTION $10,000 5696440 08101%07 08/01/09 EACH OCCURRENCE $tO OOO OOO AGGREGATE $10,000,000 S $ $ (-. WORKERS COMPENSATION AND EMPLOYERS* LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICE"EMBER EXCLUDED? It S E IALLPPROVI!t� Eebw BBt DT0243 08/01107 06101/06 )( WC 6U.T 1ER E.L. EACH ACCIDENT $1,000,000 E L DISEASE EA EMPLOYEE $1,000,000 E L DISEASE PDLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEKIOLES I EXCLUS R AnnFn RV FMDORSEMENT I SPECIAL PROVISIONS A2axpf7vpfwcw' City of Newport Beach Public Works Dept- 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 as IznnSInR% R .d o NC nn4,MO 4noo LD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WALL XNXMXVJ= MAIL In DAYS WRITTEN :E TO THE CERTIFICATE HOLDER NAMED TO THE LEFTj=TArSSSa0CCMXMKXKWx crni o ACORD CORPORATION 1988 IMPORTANT If the certificate folder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does k affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (2001100) 2 of 2 #S30012[M21032 THIS ENDORSEM& CHANGES THE POLICY. PLEASEOAD IT CAREFULLY. OTHER INSURANCE — BROAD FORM, CGL POLICY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF - INSURED RETENTION COVERAGE FORM Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the following paragraph is added to Condition 4. Other Insurance: 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 occurrence° or offense, this insurance will be primary, but only if and to the extent required by that written contract. All other terms and conditions of this Policy remain unchanged. City of Newport Beach, its officers, agents, officials, employees and volunteers Proiecr 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: GPP002265800 Named Insured: All American Asphalt Endorsement Effective Date: 8/1107 00 CGL0130 00 09 06 Page 1 of 1 THIS ENDORSEME.CHANGES THE POLICY. PLEASE 41�41D IT CAREFULLY. OTHER INSURANCE — BROAD FORM, CGL POLICY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF - INSURED RETENTION COVERAGE FORM Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the following paragraph is added to Condition 4. Other Insurance: 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 "occurrence" or offense, this insurance will be primary, but only if and to the extent required by that written contract. 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 the preparation of the policy.) Policy Number: GPP002265800 Named Insured: All American Asphalt Endorsement Effective Date: 8/1/07 • • 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. 6 = OWNED "AUTOS" SUBJECT TO NO- FAULT. Only those "autos" you own that are required to liave No -Fault benefits in the state where they are licensed or principally garaged. This Includes those "autos" you acquire ownership of after the policy begins provided they are required to have No -Fault benefits In the state where they are licensed or principally garaged. 6 = OWNED "AUTOS" SUBJECT TO A COMPULSORY UNINSURED MOTORISTS LAW. Only those "autos" you own that because of the law in the state where they are licensed or principally garaged are required to have and cannot reject Uninsured Motorists Coverage. This includes those "autos" you acquire ownership of after the policy begins provided they are subject to the same state uninsured motorists requirement. 7 = SPECIFICALLY DESCRIBED "AUTOS ". Only those "autos" described in ITEM THREE of the Declarations for which a premium charge is shown (and for Liability Coverage any "trailers" you dont 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, him. 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 awn, lease, hire, rent or borrow that are used in connection with your business. This Includes "autos' owned by your employees or partners or members of their households but only while used in your business or your personal affairs. B. OWNED AUTOS YOU ACQUIRE AFTER THE POLICY BEGINS 1. If symbols 1, 2, 3, 4, 5 or 6 are entered next to a coverage In ITEM TWO of the Declarations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period. CA 00 01 12 93 Copyright, Insurance Services Office, Inc., 1993 Pace 1 of 11 _, P 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 InJur.V' or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto ". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this Insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of covered "autos". However, we will only pay for the "covered pollution cost or expense" if there is either "bodily injury" or "property damage" to which this. Insurance applies that is caused by the same "accidnt ". 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 woridng in a business of selling, servicing, repairing, parting 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 Office, Inc., 1993 CA 00 01 12 93 2. • • (6) 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. 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 ball 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. (b) 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. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out -of -state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. EXCLUSIONS This insurance does not apply to any of the following: 1. EXPECTED OR INTENDED INJURY "Bodily Injury" or "property damage" expected or Intended from the standpoint of the "insured ". -1�72. 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 Qffice, Inc., 1993 Page 3 of 11 WORKERS COMPENSATION ANDOPLOYERS LIABILITY INSURANCE POO WC 04 03 06 (Ed. 4 -841 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 City of Newport Beacb, its officers, agents, officials, employees and volunteers Project: 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 staled. (The information below is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 8/1/07 Policy No. BB1070243 Endorsement No. 6 Insured All American Asphalt (A Corp) Policy Effective Date 811/07 Insurance Company Seabright Insurance Company Countersigned By WC 04 03 06 (Ed. 4-84) 01198 by the Workers' Comperroatbn Insurance Rating Bureau of Califomta. A8 rights reserved. Fax #: 0 0 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: _ fvlay 5, 2008 _ _ Dept. /Contact Received From: Shari Rooks Date Completed: May 5, 2008 Sent to Shari Rooks By: Tara Hemmingsen Company /Person required to have certificate: All American Asphalt 1. GENERAL LIABILITY A. INSURANCE COMPANY: Arch Specialty Insurance Co. B. AM BEST RATING (A: VII or greater): A +:XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $11M or greater): What is limit provided? 32 Mil agg / SI Mil occ E. PRODUCTS AND COMPLETED OPERATIONS (Must ® Yes ❑ No include): Is it included? F. ADDITIONAL INSURED WORDING TO INCLUDE (The N Yes ❑ No City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be ® Yes ❑ No included): Is it included? H. CAUTION! (Confirm that loss or liability of the named [ Yes Q9 No insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? 1. 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. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Hanford Fire Insurance Co. B AM BEST RATING (A: VII or greater) A +XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1M min. BI 8 PD and $500,000 UM): $I Mil What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its ® Yes ❑ No officers, officials, employees and volunteers): Is it included? F. PRIMARY d NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? NIA ❑ Yes ❑ 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. 0 0 III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Seabright .Ins. Co. B. AM BEST RATING (A: VII or greater): A -:IX C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes .J No HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? _ _ • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL EASTBLUFF DRIVE STREET REHABILITATION CONTRACT NO. 3968 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. 3968 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 2. 3. Lump Sum Mobilization e MAW_ v @ �+a�ireDollars and ZeAo Cents Per Lump Sum Lump Sum Traffic Control @ N s,ww_1N#,s*"a Dollars and zees Cents Per Lump Sum N„ r.dw -d a►�o Fwd Lump Sum Surveying Services M.'^4 A* j F, VE Dollars and Cents Per Lump Sum $ 45,E Vo $ 7500 o- • • PR2of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 600,000 SF Cold Mill AC Pavement @ Zeao Dollars and A40r. Cents $ •09 $ 64,000 ' -° Per Square Foot 5. 6,000 TN ARHM Surface Course @ Dollars and Cents $ 79eo $ '468.000 Per Ton 6. 1,100 TN AC Surface Course @ 5l'utY wii:%.� Dollars and Ztao Cents $ (09 =° $ 7+5,900'= Per Ton 7. 900 TN AC Leveling Course @ Dollars and Zeno Cents $ Sog to $ LL_ tc Per Ton 8. 12,500 SF Remove AC Pavement and Place 4" Full Depth AC (Dig -out) @ >' Pw.&_ Dollars and zedo Cents $ 3SO $ 37Soo �� Per Square Foot 9. 1,600 LF Remove and Reconstruct Type A Curb and Gutter @ Fe<tyf %tee Dollars and Zs,to Cents Per Linear Foot $ y5 o $ 72 dao'; 0 0 PR3of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 900 LF Remove and Reconstruct Type B Curb @ iMi.t:y Nib Dollars and me,co Cents $ 93 $ _ 35100 Per Linear Foot 11. 2,700 SF Remove and Reconstruct Cross Gutter @_ Tim"Vt Dollars and Zeno Cents $ Iz $ 32Voo', Per Square Foot 12. 200 SF Remove and Reconstruct Driveway Approach @_IV%NG Dollars and Zeto Cents $ q,�o $ 1800 00 Per Square Foot 13. 300 SF Remove and Reconstruct Alley Approach @_ T►.aetut, Dollars and ZeAo _Cents $ 12 °= $ 3t.00 o Per Square Foot 14. 700 SF Remove and Reconstruct Sidewalk @ SIX Dollars and LeW-o Cents $ (Ott $ 412.00 b Per Square Foot 15. 7 EA Remove and Reconstruct Curb Access Ramp orb, 0,4w rah @ Two1M1w�+s.►�+o Dollars and Z� Cents $ 2100 ILO $ 1 y Z 00 — Per Each @ ?eN Dollars and "7s/W Cents $ 10to $ 3000 '� Per Linear Foot 18. 480 LF • • @Twtn/fy Dollars PR4of6 and 2e 2p Cents $ 20 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE To Grade (OCWD) 16. 1 EA Remove and Reconstruct Bike Ramp f $ 4ZS 'te $ 4 L'S =° @ SA►�N N,�d►�d Dollars 20. 18 EA and 7-,e A_,0 Cents $ -150 ep $ 760'= Per Each 17. 300 LF Remove Mow Strip @ ?eN Dollars and "7s/W Cents $ 10to $ 3000 '� Per Linear Foot 18. 480 LF Construct Mow Strip @Twtn/fy Dollars and 2e 2p Cents $ 20 Per Linear Foot 19. 1 EA Adjust Manhole Frame and Cover To Grade (OCWD) *^4 @ l&A14uJ.tel Do11 a rs and y/tD Cents $ 4ZS 'te $ 4 L'S =° Per Each 20. 18 EA Adjust Manhole Frame and Cover To Grade (City) ., NL f" cNDo @ fs.,g 9*&WKJ 'Dollars and zeAD Cents $ qzs,`.- $ ?feSO Per Each 21. 25 EA Remove and Replace with New Valve Box and Cover to Grade (OCWD) S ;lt Dollars and ee ee ZtQo Cents $ 7. — $ &600 = Per Each 0 0 PR5of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 40 EA Remove and Replace with New Valve Box and Cover to Grade (City) @ 'r.&v N.a+d 51,K Dollars and Cents $ Zl.D =° $ ►o�oo. °° Per Each 23. 25 EA Remove & Replace with New Survey Monument Box and Cover to Grade @ 7*ce //&e_W a Dollars and zc,co Cents $ _;Co°O $ 7600 to Per Each 24. Lump Sum Landscape and Irrigation Improvements Dollars and 21CLO Cents $ I W �0 so Per Lump Sum 25. Lump Sum Remove and Replace Street Light Improvements @SiffTLvo-1AW0 Dollars and ,° 2ef-c Cents $ 10000 — Per Lump Sum 26. 16 EA Replace Traffic Signal Detector Loop @ ruV #4 oW#td F"P Dollars and 2,e 20 Cents $ 7.I S °= $ 34,4 0 °c Per Each 27. Lump Sum Install Striping, Markings and Markers @ 4.h. ee 11►ais —Dollars N�Nd,�Cd and Z .e AA Cents $ Per Lump Sum 0 0 PR6of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 28. Lump Sum Provide As -built Drawings @ Ar'.AC A/ak4 n,td Dollars and .^ 'ZtAD Cents $ Soo Per Lump Sum TOTAL PRICE IN WRITTEN and ZeAD Cents 5 4si -73 74061 Bidder's Telepho a and Fax Numbers " -X7D73 - 4,0-4Z Bidder's License No(s). and Classification(s) Bidder's email address: f Total'Pri6e (Figures) Last saved by ATran03J2712008 525 PM tYlsers>L�Vy 07-0816 Lrff drive rehab c396OWoVmal o-39M.doc M A California Business Search • • Page 1 of 1 DISCLAIMER: The information displayed here is current as of APR 18, 2008 and is updated weekly. It is not a complete or certified record of the Corporation. Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http: /lkepler. ss. ca. gov/ corpdata/ ShowAllList ?QueryCorpNumber- C0570879 &pri... 04/23/2008 Corporation ALL AMERICAN ASPHALT Number: C0570879 Date Filed: 5/26/1969 Status: active Jurisdiction: California Address PO BOX 2229 CORONA, CA 92878 Agent for Service of Process THOMAS TOSCAS 400 E SITH ST 11CORONA, CA 92879 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http: /lkepler. ss. ca. gov/ corpdata/ ShowAllList ?QueryCorpNumber- C0570879 &pri... 04/23/2008 Check A License: Contract icense Detail • Page 1 of 2 4 Skip to: CSLB Home I Content I Footer I Accessiblli}y fz7f Department of Consumer Affairs was,' : - .Gov Contractors State Lirs'e �oard Aq t.! Al }EEtk�i�}.1EEJ 11���t }kt�l�Ail lEt[t�( t�ttlll Illtttl Iti4. 1.44;1a1�E:�EI.I�Lks�:ELlittF:. Illllll'Illll CSLB Newsroom Board and Committee DISCLAIMER: A license status check provides information taken from the Meetings CSLB license database. Before relying on this information, you should be awa Disaster Information the following limitations. Center • Processing Times • CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to pt CSLB Library complaint disclosure, a link for complaint disclosure will appear below. Click on the link o Frequently Asked to obtain complaint and/or legal action information. Questions • Per BMP 707117, only construction related civil judgments reported to the CSLB are dis' Online Services • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitt • Check A License or HIS • Due to workload, there may be relevant information that has not yet been entered onto tl Registration Board's license database. • Filing a Construction Compensation Company Complaint Corporation • Processing Times License Number: 267073 Extract Date: 047230 • Check Application Status Business ALL AMERICAN ASPHALT • Search for a Surety Bond Information: P O BOX 2229 Insurance Company CORONA, CA 92878 • Search for a Workers' Business Phone Number: (951) 736 -7600 Compensation Company Entity: Corporation How to Participate Issue Date: 01/19/1971 Expire Date: 01131/2010 License Status: This license is current and active. All Information below should b reviewed. Classifications: CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR C12 EARTHWORK AND PAVING Bonding: CONTRACTOR'S BOND This license filed Contractor's Bond number 08727441 in the amol $12,500 with the bonding company FIDELITY AND DEPOSIT COMPANY OF MARYLAND. Effective Date: 01/0112007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) DANIEL DAYTON SISEMORE certified that helshe owns 10 percent or more of voting stock/equity of the corporation. A bond of qualifying individual is riot required. http: / /www2. cslb.ca.gov /General- Information /interactive- tools /check -a- license /Li... 04/23/2008 Check A License: Contract License Detail • Page 2 of 2 Effective Date: 01/12/2000 BQI's Bonding History Workers' This license has workers compensation insurance with the Compensation: SEABRIGHT INSURANCE COMPANY Policy Number: BB1070243 Effective Date: 08/01/2007 Expire Date: 08/01/2008 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Consumers I Contractors I Applicants I Journeymen I Public Works I Building Officials I General Info CSLB Home I Conditions of Use I Privacy I Contact CSLB Copyright ® 2007 Slate of California hftp: / /www2.csib. ca. gov /G enera I -I nformation /interactive -too Is/check-a- lice nse /Li... 04/23/2008 Encompass Detail Acct. Type: Business Tax License #: BTOOD07128 Bus. ID: 0002322 Name: ALL AMERICAN ASPHALT Owner ALL AMERICAN ASPHALT Name: Owner C Type: Exp. Date: 413012008 S Addy: 400 E 8TH ST S Addy 2: Addr3: CORONA CA Zip: 92878 B Addrl: PO BOX 2229 B Addr2: B Addr3: CORONA. CA B Zip: 91718 -2229 Phone: 714-736-7600 FEIN: 952595043 SEIN:0570879 Established: 50198D SIC: 1611 - HIGHWAY 8 STREET CONSTRUCTION Owner #: 0002322 # of Emps: I usr1:2428 usr2: BTOOD07128 usr3: usr4: usrs: usr6: usr7: Wow As j Microsoft ... .j Inbox - ... . AIT... I it CONM..... * 2 Inte..,- 0 0 1 1 2 P: 2 2 2 3 3 3 3 3 3 3 3 3 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS EASTBLUFF DRIVE STREET REHABILITATIONT CONTRACT NO. 3968 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 5-1 LOCATION 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 1 1 2 P: 2 2 2 3 3 3 3 3 3 3 3 3 4 4 4 0 0 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6.9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -8 PROJECT SITE MAINTENANCE 5 7-8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.6.1 Best Management Practices & Monitoring Program 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 8 7 -10.7 Notice to Residents and Temp Parking Permits 8 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 9 9-3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 13 PART 2— CONSTRUCTION MATERIALS SECTION 201 CONCRETE,MORTOR, AND RELATED MATERIALS 13 201 -1 PORTLANT CEMENT CONCRETE 13 201 -1.1.2 Concrete Specified by Class 13 201 -2 REINFORACEMENT FOR CONCRETE 13 201 -2.2.1 Reinforcing Steel 13 SECTION 203 BITUMINOUS MATERIALS 13 203 -11 ASPHALT RUBBER HOT MIX (ARHM) WET PROCESS 13 203 -11.3 Composition and Grading 13 SECTION 214 PAVEMENT MARKERS 13 0 0 214-4 NONREFLECTIVE PAVEMENT MARKERS 13 214-5 REFLECTIVE PAVEMENT MARKERS 13 PART 3 --- CONSTRUCTION METHODS SECTION 300 EARTHWORK 14 300-1 CLEARING AND GRUBBING 14 300 -1.3 Removal and Disposal of Materials 14 300 -1.3.1 General 14 300 -1.3.2 Requirements 14 300 -1.5 Solid Waste Diversion 14 SECTION 302 ROADWAY SURFACING 15 302 -5 ASPHALT CONCRETE PAVEMENT 15 302 -5.1 General 15 302 -5.4 Tack Coat 15 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 15 302 -6.6 Curing 15 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 15 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 15 303 -5.1 Requirements 15 303 -5.1.1 General 15 303 -5.5.2 Curb 15 303 -5.5.4 Gutter 16 SECTION 307 STREET LIGHTING AND TRAFFIC SIGNALS 16 307-4 TRAFFIC SIGNAL CONSTRUCTION 16 307 -4.9.3 Inductive Loops 16 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 16 308-1 GENERAL 16 SECTION 310 PAINTING 17 310-5 PAINTING VARIOUS SURFACES 17 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 17 0 0 310 -5.6.7 Layout, Alignment and Spotting 310 -5.6.8 Application of Paint SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT PART 4-- CONSTRUCTION MATERIALS 17 17 18 18 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIALS 19 400 -2 UNTREATED BASE MATERIALS 19 400.2.1 General 19 0 • SP 1 OF 19 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS EASTBLUFF DRIVE STREET REHABILITATION CONTRACT NO. 3968 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5922 -S); (3) the Citys 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, "The work necessary for the completion of this contract consists of mobilization, traffic control, construction notifications, survey services, cold milling, asphalt concrete overlay, reconstruction of concrete access ramps, driveway approaches, cross gutters and sidewalks, landscape and irrigation, signing and striping and all other incidental items of work necessary to complete the work in place. 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is Surender Dewan and can be contacted at (714) 740 -8840. At a minimum, two (2) sets of cut - sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48- • • SP2OF19 hours in advance of any work. In addition, the filing of a Comer Record and /or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Comer Records for review by the City a minimum of three (3) working days before the anticipated Work. Existing street centerline ties and property comer monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." 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 Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Comer Records with the County of Orange upon monument restoration. 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 • SP3OF19 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 fumish 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. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5— UTILITIES 5 -1 LOCATION. Add the following after the 3'0 paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 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 or replace 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, SBC Telephone, cable television, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 5-8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the Citys Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718 -3402. • SP4OF19 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 specked in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. 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 the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6-7 TIME OF COMPLETION 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 50 consecutive working days after the date on the Notice to Proceed. The Contractor shall 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 15t (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31st (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Mondl is a holiday. If January 151 July 4th, November 11th December 24th, December 25 or December 31st falls on a Saturday, the Friday before is a holiday." 6-7.4 Working Hours. Normal working hours are limited to 6:00 a.m. to 4:30 p.m., Monday through Friday. • • SP 5 OF 19 The Contractor, 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 normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. 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 $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7— RESPONSIBILITIES OF THE CONTRACTOR 7 -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, 0 • SP6OF19 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.citv.newoort - beach.ca.us/pubworks/links.htm." 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 back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 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 accordance 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. It is the 0 • SP7OF19 Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineers approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. 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), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 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 Contractors responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 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 Contractors performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." • • SP8OF19 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. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, 4 shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. 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 and Businesses. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents and businesses within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice, Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents and businesses within 500 feet a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to -date and reviewed by the Engineer at the time each progress bill is submitted. • • SP 9 OF 19 The "As- Built' plans shall be submitted and approved by 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, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, temporary striping, and flagpersons. Two changeable message boards (CMB) shall be included for the duration of the project as part of this bid item. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Surveying Services: Work under this item shall include the cost of surveying, construction staking, preliminary grades, final grades, centerline ties, all horizontal alignment, survey monument adjustment, as -built field notes, filing of comer records, reestablishment of property comers disturbed by the work, protection and restoration of existing monuments and other survey items as required to complete the work in place. • • SP 10 OF 19 Item No. 4 Cold Mill AC Pavement: Work under this item shall include cold milling the AC pavement to a depth below existing finished grade as shown on the drawings, disposing of milled material, and all other work items as required to complete the work in place. Item No. 5 ARHM Surface Course: Work under this item shall include all labor, tools, equipment, and material costs for pavement clearing, tack coat, ARHM surface course placement, compaction and all other work items as required to complete the work in place. Item No. 6 AC Surface Course: Work under this item shall include all labor, tools, equipment, and material costs for pavement clearing, tack coat, asphalt concrete surface course placement, compaction and all other work items as required to complete the work in place. Item No. 7 AC Leveling Course: Work under this item shall include all labor, tools, equipment, and material costs for pavement clearing, tack coat, asphalt concrete leveling course placement, compaction and all other work items as required to complete the work in place. Item No. 8 Remove AC Pavement and Place 4" Full Depth AC (Dig -out): Work under this item shall include all labor, tools, equipment, and material costs for saw cutting, removing and disposing of the existing pavement, base material and subbase, grading, subgrade compaction, tack coat, placement of 4" full depth AC pavement and all other work as required to complete the work in place. Locations of dig -outs are shown on the plans or as directed by the City Inspector during construction. Item No. 9 Remove and Reconstruct Type A Curb and Gutter: Work under this item shall include all labor, tools, equipment, and material costs for saw cutting, removing and disposing of the existing conflicting improvements, compacting subgrade, root pruning and installing root barrier panels when curb and gutter is adjacent to trees or as directed by the inspector, constructing Type A curb and gutter, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 10 Remove and Reconstruct Type B Curb: Work under this item shall include all labor, tools, equipment, and material costs for sawcutting, removing and disposing of the existing conflicting improvements, compacting subgrade, root pruning and installing root barrier panels when curb is adjacent to trees or as directed by the inspector, placement of crushed miscellaneous base, constructing Type B curb, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 11 Remove and Reconstruct Cross Gutter. Work under this item shall include all labor, tools, equipment, and material costs for saw cutting, removal and • • SP 11 OF 19 disposal of existing conflicting improvements, compacting subgrade, construction of cross gutter and all other work items as required to complete the work in place. Item No. 12 Remove and Reconstruct Driveway Approach: Work under this item shall include all labor, tools, equipment, and material costs for saw cutting, removal and disposal of existing conflicting improvements, compacting subgrade, construction of driveway approach and all other work items as required to complete the work in place. Item No. 13 Remove and Reconstruct Alley Approach: Work under this item shall include all labor, tools, equipment, and material costs for saw cutting, removal and disposal of existing conflicting improvements, compacting subgrade, construction of alley approach and all other work items as required to complete the work in place. Item No. 14 Remove and Reconstruct Sidewalk: Work under this item shall include all labor, tools, equipment, and material costs for saw cutting, removal and disposal of existing conflicting improvements, compacting subgrade, construction of driveway approach and all other work items as required to complete the work in place. Item No. 15 Remove and Reconstruct Curb Access Ramp: Work under this item shall include all labor, tools, equipment, and material costs for saw cutting, removal and disposal of existing conflicting improvements, compacting subgrade, construction of curb access ramp and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be "Terra Paving° as manufactured by Wausau Tile, Inc (715) 359 -3121 of Wisconsin or equal. Item No. 16 Remove and Reconstruct Bike Ramp: Work under this item shall include all labor, tools, equipment, and material costs for saw cutting, removal and disposal of existing conflicting improvements, compacting subgrade, construction of bike ramp and all other work items as required to complete the work in place. Item No. 17 Remove Mow Strip: Work under this item shall include all labor, tools, equipment, and material costs for saw cutting, removal and disposal of existing mow strips and any other conflicting improvements to facilitate the construction of mow new strips, and all other work items as required to complete the work in place. Item No. 18 Construct Mow Strip: Work under this item shall include all labor, tools, equipment, and material costs for compacting subgrade, root pruning and installing root barrier panels when mow strip is adjacent to trees or as directed by the inspector, constructing concrete mow strips with reinforced steel bars, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 19 Adjust Manhole Frame and Cover to Grade (OCWD): Work under this Rem shall include all labor, tools, equipment, and material costs for adjusting OCWD manhole frame and cover to grade and all other work items as required to complete the work in place. • • SP 12 OF 19 Item No. 20 Adjust Manhole Frame and Cover to Grade (City): Work under this item shall include all labor, tools, equipment, and material costs for adjusting City manhole frame and cover to grade and all other work items as required to complete the work in place. Item No. 21 Remove and Replace With New Valve Box and Cover to Grade (OCWD): Work under this item shall include all labor, tools, equipment, and material costs for removing and replacing with new OCWD valve box and cover to grade and all other work items as required to complete the work in place. Item No. 22 Remove and Replace With New Valve Box and Cover to Grade (City): Work under this item shall include all labor, tools, equipment, and material costs for removing and replacing with new City valve box and cover to grade and all other work items as required to complete the work in place. Item No. 23 Remove and Replace With New Survey Monument Box and Cover to Grade: Work under this item shall include all labor, tools, equipment, and material costs for removing and replacing with new survey monument box and cover to grade and all other work items as required to complete the work in place. Item No. 24 Remove and Replace Street Light Improvements: Work under this item shall include all labor, tools, equipment, and material costs for removing and replacing street light improvements at the intersection of Alba Street and Eastbluff Drive shown on sheet 3 of 14 of the construction plans. Work shall include, but is not limited to, removing and replacing two pull boxes, installing 1 -114" PVC conduit from pull box to pull box, pulling 2 insulated conductors and 1 bare copper ground wires from pull box to existing street light, making all electrical connections, and all other work items as required to complete the work in place. Item No. 25 Landscape and Irrigation Improvements: Work under this item shall include all labor, tools, equipment, and material costs for clearing and grubbing, topsoil, replacement of existing landscaping in kind, adjustment and /or replacement of irrigation sprinkler heads and fittings, protection of adjacent landscape and irrigation improvements, and all other work items as required to complete the work in place. Item No. 26 Replace Traffic Signal Detector Loop: Work under this item shall include all labor, tools, equipment, and material costs to replace traffic signal detector loops, make electrical connections and wirings to existing pull boxes, test and calibrate the new signal loop detectors and all other work items as required to complete the work in place. Item No. 27 Install Striping, Markings and Markers: Work under this item shall include removing and installing traffic striping, markings and markers per the striping plan, and all other work items as required to complete the work in place. • • SP 13 OF 19 Item No. 28 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 City Inspector for review prior to payment request. 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." 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." SECTION 203 -- BITUMINOUS MATERIALS 203 -11 ASPHALT RUBBER HOT MIX (ARHM) WET PROCESS 201 -11.3 Composition and Grading. Add to this section: "The asphalt rubber hot mix shall be ARHM- GG -C." 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: "AII new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 — EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials • SP 14 OF 19 Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http: / /www. city. newport- beach.ca.us /GSV /Frachised Haulers.htm." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. 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." Replace the words "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. 0 • SP 15 OF 19 SECTION 302 — ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used for surface caps shall be III -C3 -AR -4000 or ARHM -GG -C. Refer to plans for limits of surface caps. The A.C. for base course shall be III -132 -AR -4000. All cracks Y, -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot - applied crack sealant approved by the Engineer. In residential areas, no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. Holes, spalls, and cracks greater than f- inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one – tenth (11 /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 -5.5.2 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" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the • • SP 16 OF 19 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." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 307 — STREET LIGHTING AND TRAFFIC SIGNALS 307 -4 TRAFFIC SIGNAL CONSTRUCTION 3074.9.3 Inductive Loops. Amend this Section to include: "Traffic signal loop detectors shall be replaced per Caltrans Standard Plans ES -5A and ES -5B and shall be Type A or Type E. The new loop detectors shall be installed within the AC pavement final course. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days of AC pavement final course placement. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days of AC pavement final course placement. SECTION 300- -- LANDSCAPE AND IRRIGATION INSTALLATION 308-1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned of removed unless this submittal is returned to the Contract as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway ((949) 644 -3083) at the site to discuss City standards and requirements. The submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root- pruning machine, ax or comparable tool. 2. Arbitrary Root Cut • • SP 17 OF 19 a. A straight cut with a root- cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Prunino a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and /or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root- pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre - approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. SECTION 310 — PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 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 ovemight." 310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coal, as soon as possible and within 24 hours after the finish course has been applied. • • SP 18 OF 19 Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines – which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW - AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 — PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry seal." • • SP 19 OF 19 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 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials." FAUsersWBVMhared\Conbads \FY 07-08\EastblWf Drive Rehab C- 39MSPECS CJ968.doc Last saved by SrooksO327/ M 5:29 PM C,- 3tibt) 6003- 2002) CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 May 13, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FRC Public Works Department Andy Tran 949 - 6443315 or atran @ciity.newport- beach.ca.us .OBJECT: Eastbluff Drive Street Rehabilitation - Award of Contract No. 3968 RECOMMENDATIONS: Approve the project plans and specifications. 2. Award Contract No. 3968 to All American Asphalt for the Total Bid Price of $1,069,069, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $100,000 to cover the cost of unforeseen work. DISCUSSION: At 10:00 a.m. on April 23, 2008, the City Clerk opened and read the following bids for this project: I I f e S Ll S :3 L 17c1 uk Le 11 M i $1,069,069.00 $1,167,469.60 $1,181,195.00 $1,208,100.00 $1,208,606.00 $1,230,700.00 $1,257,181.00 " Corrected Bid Amount is $1,244,050 Corrected Bid Amount is $1,256,515 The low total bid amount is 15 percent below the Engineer's Estimate of $1,251,500. The low bidder, All American Asphalt, possesses a Calrfomia State Contractors License Classification "A" as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects. Pursuant to the Contract Specifications, the Contractor will have 50 consecutive working days to complete the work. VMAVVN $Fi I C_ 39Ef1 yr ' BIDDER Low All American Asphalt 2 Ruiz Engineering Co. 3 Elite Bobcat Services, Inc. 4 Sequel Contractors, Inc. 5 Palp, Inc. 6 Beador Construction Co. 7 R.J. Noble Co. I I f e S Ll S :3 L 17c1 uk Le 11 M i $1,069,069.00 $1,167,469.60 $1,181,195.00 $1,208,100.00 $1,208,606.00 $1,230,700.00 $1,257,181.00 " Corrected Bid Amount is $1,244,050 Corrected Bid Amount is $1,256,515 The low total bid amount is 15 percent below the Engineer's Estimate of $1,251,500. The low bidder, All American Asphalt, possesses a Calrfomia State Contractors License Classification "A" as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects. Pursuant to the Contract Specifications, the Contractor will have 50 consecutive working days to complete the work. VMAVVN $Fi I C_ 39Ef1 yr ' • EasibluH Drive Street Atom - Award of contract No. 3968 May 13, 2008 Page: 2 Environmental Review: The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, two City prepared notices will be distributed by the contractor to both residents and businesses. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. Geotechnical and Material Testing Services: In addition to the contract costs, approximately $15,420 in geotechnical and material testing services is projected to be needed for this project and will be performed under the on -call professional services agreement with Harrington Geotechnical Engineering. Funding Availability: There are sufficient funds available in the following accounts for the project: Account Description Gas Tax Measure M Tumback Proposed uses are as follows: Vendor All American Asphalt All American Asphalt Harrington Geotechnical Prepared by: Andy Traff Senior Civil Engineer Attachments: Project Location Map Account Number Amount 7181- 02002009 $ $1,110,000 7281- C5100019 $ $74,489 Total: $ 1,184,489 Purpose Amount Construction Contract $ $1,069,069 Construction Contingency $ $100,000 Materials Testing $ $15,420 Total: $ $1,184,489 Submitted by: Works Director 2 q lk PROJECT LIMITS 7 EASTBLUFF DRIVE REHABILITATION m t 0 ., F c- �I- v Ir ILI p-P X CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT sH I C-3968