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C-4140 - Corona del Mar Street Rehabilitation – Phase 2
OFFICE O F THE CITY CLERK Leilani I. Brown, MMC May 13, 2011 Mr. Jim Dunleavy Imperial Paving Company 10715 Bloomfield Avenue Santa Fe Springs, CA 90670 Subject: Corona del Mar Street Rehabilitation Project - Phase II (C -4140) Dear Mr. Dunleavy: On May 11, 2011, the City Council of Newport Beach accepted the work for 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 May 19, 2010. Reference No. 2010000235053. The Surety for the contract is The Guarantee Company of North America USA and the bond number is 12063913. Enclosed is the Faithful Performance Bond. Sincerely, � - own—/ / Leilani 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 executed in Four Counterparts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 15 CONTRACT NO. 4140 ** $100,000.00 x $12.00 = $1,200.00 BOND NO. 12063913 $400,000.00 x $12.00 = $4,800.00 $464,055.00 x $ 8.00 = $3,712.44 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 9.712.00 being at the rate of $ ** thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Imperial Paving Co., Inc., hereinafter designated as the "Principal ", a contract for construction of CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE II, Contract No. 4140 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4140 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and The Guarantee Company of North America USA duly authorized to transact business under the laws of the State of Michigan f� as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Sixty -Four Thousand, Fifty-Five and 001100 Dollars ($964,055.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; For which payment weft and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 32 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument h s b en duly execu d by the Principal and Surety above named, on the 9th day of November , �p D (�\ ROBERT COLLINS Imperial Paving Co., Inc. (Principal) The Guarantee Company of North America USA Name of Surety 1800 Sutter Street, Ste. 880, Concord CA 94520 Address of Surety (925) 566 -6040 Telephone SI,ATANT SECRETARY v Author zed Age t Signature William Sorkin, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF C®N TR A` TOR AND SURETY MUST BE ATTACHED 33 ACKNOWLEDGMENT v v u v v u v v v v v v v v v v u v u v v v v v o v v v v vvvvv v v v e v v v v v v v v v v v v a v u v v a v v v v v v v v u v a v v v v v u v v e v v, State of California County of " "See Attached'* ) ss. On before me, Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. / I certify under PENALTY OF PERJURY under the laws of the Stat of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) vuvuvvvvvuvvvv =e eva vv vuvvvvvvvvvvvavvIINFORMATION evacvvvvvvv vvvvvvvo vvv uvvvuvvvv vvuvv, OPTIONA Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with I Paper Identification Credible Witness(es) Capacity of Signer: Trustee _ Power of Attorney CEO I CFO / COO President / Vice -Pr Other: Other Identification I Secretary I Treasurer !tom Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is avallable. ACKNOWLEDGMENT n a o o o o a e a e e a aee0000 o o v u v v e o o G a v a a o o a v o o o o o v o o o o v o o a o a a a o o a o o o a o a o o a v o v e v 000 Oaal SEE ATTACHED State of California County of On Public, personally appeared ss. before me, Notary ,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 /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature U v a a a a a v v V aava......aoavoaaavv vvvvvvvv vvvaavvvvav a a/ vvvvvvvavvvvvv vvvvv vvvv, OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Paper Identification _ Credible Witness(es) Capacity of Signer: _ Trustee _ Power of Attorney _ CEO /CFO /COO President / Vice - President / S retary /Treasurer Other: Other 35 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint Is available. CAL11FOR IA ALL - PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On no L . 13, 2 CC q before me, DEBRA K ARMS NOTARY PUBLIC ON. Hem Insert Name and rifle of the Officer ' personally appeared ROBERT COLLINS, ASSISTANT SECRETARY Names) of Signerls) DEBFA K. ARMS p Commisaion O 17989" 0 (S Notary Public - Cditrrk Loa Angalos County Comm. Eu iraa Ala 20.2012 ! who proved to me on the basis of satisfactory evidence to be the person (ii) whose name(4 is /XXsubscdbed to the within instrument and acknowledged to me that he/$'h`G W4 executed the same in his/MMM authorized caPacftyW, and that by his/K'k/3€ Wsignature(g) on the instrument the person(x), or the entity upon behalf of which the personK acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS —my han�//dd1 nand offiicciial se /aalll, Place Notary Seal Above Slgnaturel\�kuz—/ /"1 - Ui(.1'm..:/.- ' ,gyp ppTy pp y p Signature of Nolary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document- Description of Attached Document Title or Type of Document: if tie - .�r(ys� -Zt % ,�,Cgj - /- LAJ g2& Document Date: _ �� [ -09 Number of Pages: Signerls) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): _ 0 Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fj(Cy HUth E7 COMA Signer's Name ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator D Other: Signer Is Representing: F1 Q2007 National Notary ASSgda110n•9350 De Soto Ave- P.0Box 2402- ChaLweorlh,CA 91313-2402- Nationa1N0 org Item95907 Regroer.Caii Toll Free 1800- B]6692] CAL IFOP,Pd9 ALL-PURPOSE AtCKNO L DG .SENT nR.savK State of California County of Orange On 11109/09 before me, A. Wilkison, Notary Public Date N.Y. Insert Name and TNe of 0e Officer ' personally appeared William Syrkin Name(s) of Signer(s) A. WILKISON - ' Commission # 1866283 a ; -mi - Notary Public . California n ZZ Orange County My Comm. Expires Sep 26, 2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is/are subscribed to the within instrument and acknowledged to me that he /sheAhey, executed the same in his/her#thok authorized capacity(ies), and that by his /hek4ew signature(4 on the instrument the person(*, or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature f Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Performance Bond No. 12063913 Document Date: 11109/2009 Number of Pages: Four (4) Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin Signer's Name: Individual ❑ Individual • Corporate Officer— Title(s): _ • Partner Limited O General ❑� Attorney in Fact Trustee Guardian or Conservator - Other: Signer Is Representing: The 0 Corporate Officer — Title(s): _ 0 Partner — 0 Limited ❑ General Attorney in Fact L Trustee C. Guardian or Conservator ❑ Other: Signer Is Representing: IInFC+I'rrtT}#IfMBP.n @tr QOF157GNEfiL� 0207 National Notary Association • 9350 De Soto AV.. P.O. B.. 24M- Chatsworth, CA 91313- 2482- .Nationa1Notary.org Itemp5907 Reonler.Call Toll- Freet- 80"76.682 Continental Western Transportation P.O. Box 26636 San Diego, CA 92196 -0636 CERTIFIED MAIL,; 111111111111111111111111 7009 2250 0002 1470 1905 G CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92663 ATTN: CITY CLERK THE GUARANTEE COMPANY OF 1V®][L7CH AMERICA USA Southfield, Michigan ]POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint William ,Syrkin, Matthew C: Welty, .Sergio Bechara Millennium Corporate Solutions, Inc. its true and lawful attorney(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31 "day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -tad and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fad cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31" day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. On this 22 "d day of July, 2009 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. rte. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. �. County of Oakland M..N! My Commission Expires February 27, 2012 Acting in Oakland County I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITINESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 9th day of November 12009 GJ .. WTEf CO °.gyp Randall Musselman, Secretary — RYMwMEN� IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 22 "d day GnrEe� q G of July, 2009. THE GUARANTEE COMPANY OF NORTH AMERICA USA So a% �rMgNENS' STATE OF MICHIGAN Stephen Dullard, Vice President Randall Musselman, Secretary County of Oakland On this 22 "d day of July, 2009 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. rte. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. �. County of Oakland M..N! My Commission Expires February 27, 2012 Acting in Oakland County I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITINESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 9th day of November 12009 GJ .. WTEf CO °.gyp Randall Musselman, Secretary — RYMwMEN� RECEI\/ED 7010" 14 AN 8: 40 .vC V rte n Giti RELEASE OF STOP NOTICRE -: Nf CLERK C` TO: City of Newport Beach .(Construction Lender, Public Entity or Owner) 3300 Newport Blvd. Newport Beach, CA 92663 (Address) YOU ARE HEREBY NOTIFIED that the undersigned claimant releases that certain Stop Notice dated June 4, 2010 in the amount of $ 17,975.00 against city of Newport as owner or public body and Imperial Paving Co., Inc. as prime contractor in connection with the work or improvement known as Corona Del Mar Street Rehabilitation Phase 2 in the City of Newport County of orange State of California. Name of Claimant: ESS UTILITIES ADJUSTING, INC. (Company name) Address: 1320 E. SIXTH ST #100 CORONA CA Telephone: 951 - 278'6969 By: (signature) Dated: _ 5L.(i(1c - o t e ZO 11 Joseph Nanci, President. (Type name and title) VERIFICATION I, the undersigned, state: I am the President of the claimant named in the foregoing (Title) Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. .Executed on June 9 120 10 at Corona State of California Signature of Claimant or Authorized Agent ©ate--L � ( U Copies Sent Ta amity Council -- fF i� Manager ACKNOWLEDGMENT -------------------------------------------- -- ------------ '------- - - -- -- State of California County of jiff M O-P, ss. On TURF: 9, ?,DLa before me, TeSS I ca NaJa rYt> Notary Public, personally appeared J05epw Nara t who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /herltheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known _ Paper Identification Credible Witness(es) JESSICA NAVARRO COMM. #1861014 z Z Notary Public - California o Riverside County M y Comm. Expires AN. 2013 . OPTIONAL INFORMATION Capacity of Signer. _ Trustee Power of Attorney CEO /CFO /C00 President / Vice - President / Secretary / Treasurer Other. Other Information: Thumbprint of Signer E] Check here if no thumbprint orfingerpdnt is available. re Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known _ Paper Identification Credible Witness(es) JESSICA NAVARRO COMM. #1861014 z Z Notary Public - California o Riverside County M y Comm. Expires AN. 2013 . OPTIONAL INFORMATION Capacity of Signer. _ Trustee Power of Attorney CEO /CFO /C00 President / Vice - President / Secretary / Treasurer Other. Other Information: Thumbprint of Signer E] Check here if no thumbprint orfingerpdnt is available. stop Notice RECEIVED NoTiCF.TO:_ ,City of Newport Beach, 3300 Newport Blvd., Newpdhat AULT, cA%29.357 (If Pmate lob file I%,; i, 7 - : : ,.1 1 x.. t ,a,_c • i �t A. -.1111,t, 1 1, stxucnon funds or with Uncowncr _ CIV1L C01)k.!)h C I0N , 3156 3175) Cl F CE OF (IC Public litb - file writ oit tern al r „•under, auditor. or other public disbursing n r� T� r under provisions a.` 1+• -. �- ntra<'. - , '1�'IL COl]fi SEC'fI(Y,VS 3119 - 3214) CITY O- , ,- 4 °ft'('�'iT BEN ii Fn mt Contrsdoc_ Imperial Paving CO., Inc. 10715 Bloomfield Ave, Santa Fe Springs, CA 90670 Sub Contactor: (If .h, Owner or Public Boll. _ . City of Newport Beach, 3300 Newport Blvd., Newport Beach, CA 92663 ..` lt,,,, cu•nt k90w.1,. Corona Del Mar Street Rehabilitation Phase 2, Newport Beach Orange _ .4 q^ .q (.ahfun.ia. nBS Utilities Adjusting, Inc. -_C!•d 7. ii. i— Corporation , - „-. the above doscrt xd wort , ,. .. _ _ ,. •,., ,,. hnm claimm�t furnishrd Lr?ux. ctnl.r •, ... . . Imperial Paving Co.. Inc. Provided labor & materials forwater valves boxes, sewer clean outs, survey_ monuments, and storm drain manholes ecrvt¢e. equipmc•,. :T..'• ,c m, •, ...... 17,875.00 :1 ..i +r. stn•ICe.Urylpmcm ,t._n; n,. I n :'v'a, I,,d „ ... _ 17,875.00 ..:, Inr materials returned. if any....,...... .............................. _..... .. N/A ,•n paid on account. if anv .... ............................... ....... ,.. 0.00 _- • . rif duc after dtducting all just crc,.. - t i offcct.......... _ .. 17,875.00 — �- — (ii'tii I',! At)1!1 =i1lr - •u monieshc., r•, _- lescribed project I, var,fv .l.tr..., v .... _ ail ar,:.; ,.; j 17,87500 ant! eaC,- .� at,nSS suffa'ient to cover intercrt, cvur' , .: :.. ,h:c' coats o1 '.u:,_ . .1 , ' by law. A Mn,c ;t 11 If ,'Ctl� L SUMON 30ti is not - ;,ttached. f Himic required with Stop Notice served on con,r'uroun lend , pdv'aicjobi - bond no: required on pch c ,oils or ,n Sio- ` -fice served on owner on private ),,L-0. U::'c iJ i12, n t _ EBS Utilities Ad 4 jListing, Inc. Joseph Nanci lFR11,J C 1%TdtIN President---- -__ -oi chic claimntit naaxd in the (orsgoing Stop Notice: 1 have read said claim of Stop N,u:ee and know the contents thereof, and I certify that the sarne is true o( my own t°no•a'. _. :: i . cn:fy (,a dc, ' :. alty of perjury under the laws of the State of Cidifomta that the foregruag is ,F,r; utcd o:• June 4, 2010 ur Corona State of California. 4 t :; t t -1 1 t)14 `a)TICE UF• El'lx llu . . ” iii are Works Only) Van eleCrnn is made onl.', n,, ,. ,. ,. „ b. 4h is Stop Notice by reason of a payment bona having been recorded in I accordance with soclinns '• I x .end it it e, •i wch elrctivn and a copy of u,e hand winhin 30 days of such j alecbnn in tire enclosed p, r., ❑ c r. ^ addttst of the claimant shown above. This infnrinn ion must he provided by you under C,, :I -> -3 162- l I S)gncd Subtotal 17,875.00 Retention - 1,787.50 Total $16,087.50 EBS UTILITIES ADJUSTING, INC. Invoice: 1081 1320 E. SIXTH ST., SUITE 100 CORONA, CA 92879 (951) 279 -6869 Sold Ship to to IMPERIAL PAVING CORONA DEL MAR STREET REHAB 10715 BLOOMFIELD AVE. PHASE II NEWPORT BEACH SANTA FE SPRINGS, CA 90670 IMP #90013 Invoice Account P.O. Num Shin Via Ship Date Terms Date Page IMPERIAL Net 30 3/31/10 1 Unit Extended Item Quantity Description Price Price 0 CONTRACT NO. 90013 -0216 0.00 0.00 16 EA ADJ SEWER & STORM DRAIN MANHOLES 275.00 4,400.00 40 EA ADJ WATER VALVE BOXES 275.00 11,000.00 1 EA ADJ SEWER CLEANOUT 275.00 275.00 6 EA ADJ SURVEY MONUMENT 275.00 1,650.00 0 ADDITIONAL ITEM 0.00 0.00 2 EA ADJ METER BOX 275.00 550.00 Subtotal 17,875.00 Retention - 1,787.50 Total $16,087.50 05/26/2010 12:01 71499 5 PENHALL COMPAN PAGE 02/03 TO: OF Release of Stop N "t!'�-NED WAd MNY 26 PM 4r 51 You are hereby notified that the undersigned claimant releases that certain Stop Notice dated Sllgllo in the amount of S 9,985-00 against CITY OF NEWPORT BEACH as owner or public body and IMPERIAL PAVING, INC. as prime contractor in connection with the work of improvement known as CORONA DEL MAR ST REHAB PROJECT — PHS 11 CONTRACT NO 4140 in the City of NEWPORT BEACH County of ORANGE State of California. Date MAY 26, 2010 Name of Claimant: PENHAS=tftw IM SERVICE DIV ONLY IM By lure) SHANNON D• CAVENER / CREDIT MANAGER (AuMonYatl Capedty) VERIFICAUON 1, the undersigned, state: I am the AGENT OF- "CREDIT MANAGER' 'Agent or, "President or', "A Partner or; "Omercr" etc) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge_ I certify (or declare) under penalty of perlury under the laws of the State of California that the foregoing is true and correct. Executed on MAY 26, 2010 State of CALIFORNIA ate Cc ies Sent To: City Council City Manager City Attorney at ANA (Signature or Cfeiment orAettraiaed Agent) 05/26/2010 12:01 71499'.' 5 PENHALL COMPAN` PAGE 03/03 CALWORMIA ALL - PURPOSE ACID State of California County of Orange On May 26, 2010 before me, C. Galiana, Notary Public Date Mme of amee Q,2t o em personally appeared Shannon.D Cavener NOHOW m slanwil) Description of Attached Document Title or Type of Document: Release of Stop Notice - Imperial Paving Inc: Document Date: 5/26!2010 Number of Pages: 1. Signers) Other Than Named Above: Capacitypes) Claimed by Signer(s) Signers Name: Shannon D. Cavencr ® Individual O Corporate Officer- 0 Partner —0 Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator D Other. Signer Is Representing: Penhall Company Top of tnurnb ham Signet's Name: ❑ Individual ❑ Corporate Officer — Tit1e(s): _ ❑ Partner _ E) Limited ❑ General D Attorney in Fact ❑ Trustee O Guardian or Conservator D Other. Signer Is Representing: e Tao or tnu,nb hero 02907 NAronelN NA690M —93$Q De Saes .,P.O. Box 2a92•CI¢+�^•ao,. CA 9131bVO2• IWM VM7 Reoreen Cak MI.Fmet�99- 9raeez� who proved to me on the basis of satisfactory evidence to be the persons) whose name($} is /are subscribed to the within instrument and acknowledged to me that helshelt "executed the same in hi5/herltheir authorized I C. GAI wnw � capacity(Ses), and that by hislherlthw signahreW on the behalf of commtaao td94223 instrument the person(s), or the entity upon Notary Pubtrc - Conromla s which the persm(s) acted, executed the instrument. orange county I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my . d and o ial seal. Signature piece Nctvry Sed aoeve m oay UOIk OPTIONAL Though the information below he not reouhed by tow, # may prove vetueble to persons relying on the document and could prevent Gaudulent remover end reattachment of Ibis form to another document. Description of Attached Document Title or Type of Document: Release of Stop Notice - Imperial Paving Inc: Document Date: 5/26!2010 Number of Pages: 1. Signers) Other Than Named Above: Capacitypes) Claimed by Signer(s) Signers Name: Shannon D. Cavencr ® Individual O Corporate Officer- 0 Partner —0 Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator D Other. Signer Is Representing: Penhall Company Top of tnurnb ham Signet's Name: ❑ Individual ❑ Corporate Officer — Tit1e(s): _ ❑ Partner _ E) Limited ❑ General D Attorney in Fact ❑ Trustee O Guardian or Conservator D Other. Signer Is Representing: e Tao or tnu,nb hero 02907 NAronelN NA690M —93$Q De Saes .,P.O. Box 2a92•CI¢+�^•ao,. CA 9131bVO2• IWM VM7 Reoreen Cak MI.Fmet�99- 9raeez� b STOP NOTICE 7010 MAY 18 L9&A *11TICE TO WITHHOLD VW (Public or Private Work) v I- VV T4 _C-HOE � (Per California Civil Code Section 3103) ✓ �Q-p To: CITY OF UI�.yWYl�t t r �, �_ Project r ;2�.''2A DEL hiAR; f ekLt ?.1?. Px: �'I:C I _ -PHS 0 3300Nt:N PORT BOULEVARD CO', FRACT NO4140 .AD ZU. D+(['£:I TO A µV VK 5AV� 5/YJ L9Ui FLSV U6F A'MRF560f BRfK.'N. ^JYv /V4C !t'BWF54! NEWPORT BEACH. CA 92663 NEWPORT BEACH CA JDDY.BTATEAND i '01VVAt ANOWI TAKE NOTICE THAT PENHALL COMPANY .,TiM.tEw i%E PERSON OR FNW 6MaN0 THE STD> NDTCE. trENCr'a CUNRLtTOR.S MUST USE ThE Npkt£'uV: hR tWCDH D0.4tRACTCRB LM.ENSe IS.SSL4:. whose address is 1801 W. PENHALL WAY ANAHEIM, CA 92801 fWREQOP W.913UNelTWJ CrAMMG S'QP WTwF� has performed labor and furnished materials for a work of improvement described as follows CORONA DEL MAR STREET REHABILITATION PROJECT PHS 11 / CONTRACT #4140 / VARIOUS LOCATIONS �N45!',.AND LOCAL- TAP >tRC 5'RIERE YNRK OR YATEHWa1 'qE fLHHI &M'JI The labor and materials furnished by claimant are of the following general kind: F'LATSAw, BACKHOE W..'BUCKLT TO BREAK AND REMOVE CONCRETE W/ MISC L;%BOR, [XRRY DUMP FEES AND MOBILIZATION DDF 0ZFiZ 9ERVKEa. FatgY° tOR iFF;A. S FkANKeVFO dR AGRE£D TOO: f.RN Z4EDHY CtNMAht} The labor and materials were furnished to or for the following party: IMPr-R1AI.. PAVING, INC. 10715 BLOOMFIELD, SANTA FE SPRINGS CA 90670 Total value of the whole amount of labor and materials agreed to be furnished is -_ S 9,985.00 The value of the labor and materials furnished to date is _ _................. ___...__. ........ ....... __..... ..... ... $ 9,985.00 Claimant has been paid the sum of $ 0.00 And there is due, awing and unpaid the sum Of _..._.___.r...._..._ ,.. , $ R985.00 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equita"agairms 'construction funds for this proj ect which are in your hands. FIRM NAME: PENHAI.I, COMPANY - DtV, 01 By: 6IA!kkio MUST WX l AHD V£RBY Bao" VERIFICATION 1, the undersigned, say. I am the CREDIT MANAGER the claimant T'RRE &DENT Cr; "wucAOER [M' ARARTNER OF.•'OV+ttfR pc; •A[iEnTCF'EaGI named in the foregoing Stop Notice: 1 have read said Stop Notice and know the contents thereof, the same is true of my own kroMedge. I declare under penalty of perjury under the laws of the State of California that the foregoing Is true and correct. Executedan MAY18,2010 r I at ANAHEIM CALIFORNIA (pA TItl3 DUCIY1ENt NEe! I I- YV OfCott AiOViVE�&6NE6.. REQUEST FOR NOTICE OF ELECTION (Private Works Orly) (Per California Civil Cade Section 31 59, 3161, or 3161) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded In accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in me enclosed preaddressed stamped envelope. This information must be prm,ded by you under Civil Code Sections 31 59, 3161, or 31 62. signed. I C W MMT MUST ENCtM£ �Iii00NE.3"sC 5'aeP� ONC��) WOLCOTTS FORM 894 - Rev. 3 -94 ({rice Gass 3A) Before you use this form read it, film all blanks, and make whatever changes STOP NOTICE tD199d VJOLGOTTS FORMS INC ere a ropnate art;! necessary N yvw Ramwtar transaatlan, corta<m a lawyer d you doub{t�hetaform's fitness for Your purposepand use Woioott`s makes no SEE REVERSE SIDE FOR ADDITIONAL INFORMATION. 10 ss ndti nor fwa ra i�itende058 Of implies, � respect to file merchantability or O c� N � L STOP NOTICE RECEIVED LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) 2010 MAY 20 AM 9: 17 (Per California Civil Code Section 3103) To CI IY OF NEWPORT 6LAC:11 Project: CORUNA (,�8i;$t;y.4R. P[t4J1-= T -�IIS u IF L 3300 NI.WPOR 1 601 1 EVARD h,6 °! 3RT BEACH -- NEWPORT 13FACH. CA 9266.3 NEWPORT 13L I H CA "AYr. Ftii.: .QTY T TAKE NOTICE THAT PENHALL COMPANY 'NS -• a iN OO S'aNCfRATVP TI?4rW NOTKE 1' w: -', (. F a .n. ,1 k1•.°cHC'+1 v a '..7Fi.... L) whose address is 1801 W. PFNHALL WAY ANAHEIM, CA 92801 has performed labor and furnished materials for a work of improvement described as follows CORONA DEL MAR S "rRfiLT REHARIL.1 I'ATION PROJECT PHS It/ CONTRACT :`--1140 VARIOUS LOCATIONS TIAT — ._._ —. The labor and materials furnished by claimant are o` (he following general kind: FLATS lN'. B AC'FW +JF lv: BI': a1-1 TO BR..A:I AND R: I EF.S AND %IOBILIZA "rION T:.,i The labor and materials were furnished to or for the following party: IMPERIAL PAVING. INC. 10715 BLOOMFIELD, SANTA FE SPRINGS CA 90670 ri.._ >�0 : Total value of the whole amount of labor and materials agreed to be furnished is -..... The value of the labor and materials furnished to date is: S 9.985.00 _. $ 9.985.00 Claimant has been paid the sum of - ........ _ ... _ ............. .....__.... .............._ $ 0.00 And there is due, owing and unpaid the sum of. ... . ........ ..... -.._ ... .. _ _ $ 9,985,00 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. r FIRM NAME: PFNHALI. COMPANY – DIV. 01 By: ;N, OS S.OP NV nGECW44Vp uIOER94F.•_N1,: NOTtiECUi)AAh! 11LI' 51.14HEREN,0AR1FY5EtWo VERIFICATION 1, the undersigned, say: I am the CREDIT MANAGER the claimant "Rt4 GENT OF' RnSiP Or wPA;!; -V ' 1•".a OF " "43E,, 0", Hrc) named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same Is true of my own knowledge. I declare under penzlty of perjury under the laws of the State of Califomia that the foregoing is true and correct. Exrcuted an `.11Y 18,'_01 `at ANAHEIM CALIFORNIA •1L L' Y. i 'A, i'. 1 � 4AmE..•.1, 10 A'".;dC N . .; :4 _ •. 'IV'. A la_... ,.. THE 410. .l N..n. A..f. TFUE) u REQUEST FOR NOTICE OF ELECTION \ I (Private Works Only) yl (Per California Civil Code Section 31 59, 3161, or 3161) ! an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in actor ance w'!h Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed sts Aped envelope. This information must be provided by you under Oiv: Code Sections 31 59, 31 51, or 31 62. Signed: .. T.'. .. c. F.,-_ ',VOLCOTTS FOR" 894 - Rev. 3 -94 lonce. class 3A) ;;TOP NOT ;E O:•. +)4 GiC_COTTS FORMS, INC. Before you use this form read it, fill in all blanks, and make whatever chapppes are appropnab: and necessary to your panicular "an action Consult a lawyer ifyou doubt tt' form's f:ness for your purpo W use G colt "., makes no SEE REVERSE SIDE FOR ADDITIONAL INFORMATION. repres ntat '. c or warranty, cr-5s or implied . vath respe.;t to thi; merchantability of f;ness L r this fcm fcr an lnten xpe] 1.,e c' purpose. RECEIVED NOTICE OF INTENT TO FILE A LIEN, STOP NOTICE OR BOND CLAIM 2QI I MAR -3 PM 4: 28 TO OWNER OR REPUTED OWNER TO ORIGINAL OR REPUTED OFFICE OF City of Newport Beach CONTRACTOR ]♦{ CLERK CITY CLE 3300 Newport Blvd Imperial Paving Co �Ijj THE YPOLE REACH Newport Beach, CA 92663816 10715 Bloomfield Avenue Santa Fe Springs, CA 90670 TO LENDER, SURETY OR BONDING CO. Platte River Insurance Company 350 Sansone Street, Suite 1000 San Francisco, CA 94104 Contract Number CLB2708578 FROM LIEN OR STOP NOTICE CLAIMANT Case Land Surveying 614 N. Eckhoff Street Orange, CA 92868 The undersigned claimant, Case Land Surveying, intends to file a Claim of Lien against the building, erection or improvement described as Corona Del Mar Street Rehabilitation Phase 2 Contract No 4140 project, located at, Newport Beach, CA. The specific contract information is for Owner/Public Entity Contract #4140, our Job /Invoice #09- IMP -066. The claimant furnished the following kinds of labor, services, equipment or materials: ; at the request of Imperial Paving Co, 10715 Bloomfield Avenue, Santa Fe Springs, CA 90670. The amount due is $1,685.00, plus service charges or interest at the rate of 0 -00 % per annum. THIS NOTICE IS BEING SENT AS A MATTER OF COURTESY AND REFLECTS INFORMATION true as of this date. If this claim has already been paid, please disregard this notice. Unless we receive payment by 0310712011 a claim may be riled VERIFICATION I declare that I am authorized to file this claim on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Execuutte�d, at Orange, California on 02/24/2011 for CASE LAND SURVEYING. By: (4 1Tammy Lydeen, Administrative Assistant Phone:(714) 628 -8948 F x.(714)1528 -8905 PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that I served a copy of the above document, and any related documents, by (as required by law) first- class, certified or registered mail, postage prepaid, addressed to the above named parties, at the addresses listed above, on 02/24/2011.1 declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct. Executed at Orange, California on 02/2412011. Cate bQ �1 By: n Tammy Lydeen, Administrative Assist9ples S nt TO: City Council City Manager City Attorney File Exhibit C - Complete Description of Materials or Labor Supplied Owner :City of Newport Beach Project:Corona Del Mar Street Rehabilitation Phase 2 Contract No 4140 The following is a complete list, to the best of our knowledge of all Materials or Labor, which by agreement, were supplied or will be supplied by: Case Land Surveying Survey Services: Control, Calculations, Removal Limits, Sawcuts, Cross Gutter, Curb and Gutter, Centerline Street Grades, Survey Monuments CITY OF NEWPORT BEACH PROGRESS PAYMENT PROJECT TITLE: Corona del Mar Street Rehabilitation - Phase 2 CONTRACT NO.: C -4140 CONTRACTOR: Imperial Paving Company VENDOR ID: 10055 ESTIMATED % CO: ORIG. CONTRACT AMT.: $964,055.00 TOTAL % EXPEND. TO DAi 00'0�1" 0.0% PAYMENT NO.: PP -4 97.0 % DATE: 6123110 THIS PERIOD TOTAL TO DATE DESCRIPTION EST AMT UNIT BID PRICE AMT EARNED AMT EARNED 1 Mobilization 1 L.S. 21,000.00 0% $0.00;.' - 100% $21,0007 2 Traffic Control 1 L.S. 10,500.00 0% $000 100% $10,500.00 3 Surveying Services 1 L.S. 16,800.00 0% $0.04. ;1100%, $16,800.00 4 R & R P.C.C. Type "A" Curb and Gutter 2,800 L. F. 31.00 0 $0.00 , j3;836; $87,903.60 5 R & R Type "B" P.C.C. Curb 20 L.F. 96.50 0 $0.00 R " ;0. $0.00 6 R & R Curb Access Ramp - Case H 5 Ea. 1,400.00 0 $0,00; ;6 $8,400.00 7 R & R Curb Access Ramp - Case K S Ea. 2,100.00 0 $f00 15 $10,500.00 8 R & R Curb Access Ramp - Modified Case 1 30 Ea. 1 1,600.00 0 $0.00 - •27 $43,200.00 9 R & R Curb Access Ramp - Modified Case J 13 Ea. 1,70400 0 $0.00' _„ 40 $17,000.00 10 Install Raised Truncated Dome at Existing Access Ramp 10 Ea. 600.00 0 $0.00 -- -- - -�1;0 $6,000.00 11 Prune Tree Root 15 Ea. 460.00 0 $0.00 15 $6,900.00 12 Install Root Barrier 15 Ea. 265.00 0 $0.00' - -' - .0 $070 13 R & R 4-Inch Thick P.C.C. Sidewalk 2,500 S.F. 7.00 0 $0.00 " 2,312 $16,182,60 14 R & R 8 -Inch Thick P.C.C. Crass Gutter 2,200 S.F. 15.00 0 $0.00 2,274 $34,110.00 15 R & R P.C.C. Residential Driveway Approach 800 S.F. 11.00 0 $0.00 . -:, 409 $4,499.00 16 R & R P.C.C. Commercial Driveway Approach 350 S.F. 14.00 0 $0.00 -; 277 $3,871.00 17 lVariable Depth Edge Cold Mill AC Pavement 150,000 S.F. 1 0.14 0 $0.00 -`1:22',248 $17,114.72 18 Variable Depth Edge Cold MN PCC Pavement 1,500 S.F. 2.30 0 $0.00 ! .21256 $5,188.80 19 2" Cold Mill Asphalt Pavement 32,000 S.F. 0.40 0 $0.00 :';:'138;030 $15,212.00 20 3" Cold Mill Asphalt Pavement 9,000 S.F. 0.72 0 $0.00' -.r.0 $0.00 21 Grind Curb Access Ramp Lip 7 Ea. 60400 0 $0.00 .` "' :,7 $4,200.00 22 R & R 10", 4" AC over 6" Base Full Depth (Dig Outs) 15,000 S.F. 3.75 0 $0.00 '28.449, $106,682.81 23 Remove and Construct 11 "AC Full Depth 4,000 S.F. 4.40 0 $0.00 : 3,51;0 $15,444.00 24 Crack Seal 1 L& 5,500.00 0% $0.00 -.''.. 1'06 $550.00 25 Variable Thickness AC Leveling Course 350 Tons 86.00 0 $0.00 - - ;$0 $2,580.00 26 Install Pavement Reinforcing Fabric (Glasgrid) 300,000 S.F. 0.94 0 $0.00 - 250,140 $235,131.60 27 T Thick Finish Course Asphalt Pavement Overlay 2,400 Tons 65.00 0 $0.00 -3,016 $196,040.06 28 2.25" Thick Finish Course Asphalt Pavement Overlay 150 Tons 71.50 0 $0.00 - 0 $0.00 29 Remove and Replace Speed Humps 2 Ea. 2,700.00 0 $0.00 2 $5,400.00 30 Adjust Manhole Frame and Cover to Grade 20 Ea. 280.00 0 $0.00 - - - 16 $4,480.00 31 Remove and Replace Water Valve Box and Cover to Grade 42 Ea. 280.00 0 $000 40 $11,200.00 32 Remove and Replace Water Meter Box and Cover to Grade 2 Ea. 450.00 0 $0.00 2 $900.00 33 Remove and Reolace Sewer Clean-out Box and Cover to Grade 1 Ea. 285.00. 0 $0.00 1 $285.00 34 IRestore Survey Monuments 1 L.S. 10 500.00 0% $0.00 100 % $10,500.00 35 Pavement Stripping, Markings, and Markers 1 L:S. 7,800.00 0% $0.00 10011 $7,800.00 36 Provide As -buia Drawings (Fixed) 1 L.S. 1 00.0 0% $0.00 100% $10,000.00 SUBTOTAL: ENCUMBRANCE NO.: E2002048 ACCOUNT NO.: 7185- C2002037 $93,557.51 TOTAL: $93,557.51 UK lu =410 $0.00 Encumbrance 12o zzcA- after this payment payment $935,575.13 SEND PAYMENT TO: EARNED: $0.00 $935,575.13 a - Bullts Received, RETENTION: $0.00 $0.00 Imperial Paving Company - 'Z0��6 P EVI S AYMENTS $842,017.62 10715 Bloomfield Avenue OUNT DUE: $93,557.51 Santa Fe Springs, CA 90670 Stop Notices Cleared, . ` (652) 944 -0975 V it-) ROJECT INSPEC R& PRO EC 6ANAGER DATE (Not Required for Retention) 7'-26-10 CONTRACTOR DATE C RD C JORKS DIRECTOR DATE I :%Usua1PMV,SbarediCoosPbt&1FY WMCOM Street Rehab Phase 2.Ga140PR0GRESS PAYMENTS & CHANGE OROERSQ ?P - <. sirawa]P: R.Asion Oat.: (31511a I of r rte, L- b LBl vLa RECORDING REQUESTED BY AND' tJ m Official Records, orange County Tom Daly, Clerk,Recorder WHEN RECORDED RETURN TO III III �I� IInIIIIIIVIIIIIIIVIIIII NO FEE of-2:-4 0 City Clerk 2010000235053 8:04 am 05/19/10 -4-35' City of Newport Beach Jr�ICE1 415 N12 1 3300 Newport Boulevard I- CI11'�l�ilQ•oo o.00 0.00 0,00 0,00 o.00 o.00 CI ! ^ - J4VP(1RT RFA('H 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 Imperial Paving Company, Inc., of Santa Fe Springs, California, as Contractor, entered into a Contract on November 10 2009, Said Contract set forth certain improvements, as follows: Corona del mar Street Rehabilitation Project — Phase 2 (C -4140 Work on said Contract was completed, and was found to be acceptable on May 11 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is The Guarantee Company of No th America USA. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. MA Executed on _! 11 h10 at Newport Beach, California. BY 6 __ City Clerk CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 May 11, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Peter Tauscher, Project Engineer 949- 644 -3316 or ptauscher @newportbeachca.gov SUBJECT: CORONA DEL MAR STREET REHABILITATION PROJECT— PHASE 2 — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4140 Recommendations: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. 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. 3. Release the Faithful Performance Bond one year after Council acceptance. Construction Contract Summary: Discussion: On November 10, 2009, City Council authorized the award of Corona del Mar Street Rehabilitation Project — Phase 2 to Imperial Paving Company, Inc. The project was located within the Corona del Mar residential neighborhood generally bounded by Dahlia Avenue and Avocado Avenue, East Coast Highway, and Bayside Drive. The project scope of work included: Overlay and reconstructed the existing asphalt pavement sections with asphalt concrete and a Glasgrid reinforcing layer; Contract Construction Contract Final Cost at Benchmark Time & Time (days) Award Amount Completion Target Actual Approved Under ( -) or Extensions Over ( +} (days) $964,055.00 $935,575.13 Contract Contract 85 18 +10% -3% Discussion: On November 10, 2009, City Council authorized the award of Corona del Mar Street Rehabilitation Project — Phase 2 to Imperial Paving Company, Inc. The project was located within the Corona del Mar residential neighborhood generally bounded by Dahlia Avenue and Avocado Avenue, East Coast Highway, and Bayside Drive. The project scope of work included: Overlay and reconstructed the existing asphalt pavement sections with asphalt concrete and a Glasgrid reinforcing layer; l�- FD�`/ j� RECORDING REQUESTED BY A^+�Dr J & o;�gin Official Records, orange County " Tom Daly, Clerk- Recorder WHEN RECORDED RETURN TO,,,,,, NO FEE City Clerk 2010000235053 8:04 am 05119/10 City of Newport Beach F_-"V-10t4161\112 1 3300 Newport Boulevard r, .CITY PRIp.00 0.00 0.00 0.00 0.00 0.00 0.00 Newport Beach, CA 92663 CI' RWl1AT RF7I "Exempt from recording fees pursuant to Government Code Section 27383" p NOTICE OF COMPLETION I! /i NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, i Newport Beach, California, 92663, as Owner, and Imperial Paving Company, Inc., of Santa Fe Springs, California, as Contractor, entered into a Contract on November 10, 2009. Said Contract set forth certain improvements, as follows: Corona del mar Street Rehabilitation Project — Phase 2 (C -4140 Work on said Contract was completed, and was found to be acceptable on May 11, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is The Guarantee Company of North America USA. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 4 11- , vVlo at Newport Beach, California. BY U J'I _ P bft/- � City Clerk CALIFORNIA 20 - DAY PRELIMINARY NOTICE FOR USE ON PRIVATE AND PUBLIC WORKS -IN ACCORDANCE WITH SEC. 3097, 3098, AND 3111, CALIFORNIA CIVIL CODE. TO BE USED BY SUPPLIERS, MATERIALMEN, ENGINEERRS, ARCHITECTS, SUBCONTRACTORS, AND OTHERS SUPPLYING LABOR, SERVICES OR EQUIPMENT MATERIALS, ETC. You are hereby notified that the undersigned has furnished or will furnish labor, equipment, material, or services of the following description: r s FURNISH, DELIVER AND INSTALL GLAS -GRID 8502. FROM CLAIMANT: (NAME & COMPLETE ADDRESS) Continental Western Transportation PO Box 26636 San Diego CA 92196 r i AUTHORIZED AGENT OR CLAIMANT SIGN HERE Brenda Pyle, Office Administrator Name and Title of Claimant To Construction Lender or Reputed Construction Lender: NONE REPORTED To Owner or Reputed Owner, or Public Agency: CITY OF NEWPORT BEACH 3300 NEWPORT BLVD NEWPORT BEACH, CA 92663 ATTN: CITY CLERK To Original Contractor or Reputed Contractor: IMPERIAL PAVING CO., INC. 10715 BLOOMFIELD AVENUE SANTA FE SPRINGS, CA 90670 To Subcontractor With Whom You Have Contracted: IMPERIAL PAVING CO., INC. 10715 BLOOMFIELD AVENUE SANTA FE SPRINGS, CA 90670 To Surety On Prime Contract Payment Bond (If any): MILLENNIUM RISK MGMT & INS SERVICES 5530 TRABUCO RD IRVINE, CA 92620 BOND #12063913 Date 9. 21• )0 Copies Sent To: C ittr Council Vanager 11 t iW Atto e , - Foie Cc-i'y� CONSTRUCTION: (NAME OR DESCRIPTION OF PP ADDRESS, LOT AND TRACT NL CORONA DEL MAR ST. PROJECT - PHASE II, Cl NEWPORT BEACH, CA CONTRACTOR'S OR SUBCONT'RACTOR'S JOB NUMBER (IF ANY): JOB #90013 NOTICE TO PROPERT OWER (S): If bills are not paid in full for the labor, services, equipment or materials furnished or to be famished, a mechanic's lien leading to the loss, through court foreclosure proceedings, all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or that is appropriate under the circumstances. /Vote: This is not a lien on your property but a notice required by law to alert you to the possibility of liens being filed in the future if all parties who furnish labor and materials to your job are not paid in full. NOTICE: An estimate of the total price of the labor, services, equipment or materials furnished is: 240,000.00 Date: April 16, 2010 PROOF OF SERVICE AFFIDAVIT I, Brenda Pyle declare that I served copies of this Preliminary Notice by First Class Certified Mail service, return receipt requested, postage prepaid, addressed to each of the addresses on this form on I declare under penalty of perjury that the foregoing is true and correct. Signed at San Diego, California April 16, 2010 (Signature and title of person making service) OFFICE ADMINISTRATOR - rn Crr ffHABIIJ'ATM ACT NO. &0 Q N CONTRACTOR'S OR SUBCONT'RACTOR'S JOB NUMBER (IF ANY): JOB #90013 NOTICE TO PROPERT OWER (S): If bills are not paid in full for the labor, services, equipment or materials furnished or to be famished, a mechanic's lien leading to the loss, through court foreclosure proceedings, all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or that is appropriate under the circumstances. /Vote: This is not a lien on your property but a notice required by law to alert you to the possibility of liens being filed in the future if all parties who furnish labor and materials to your job are not paid in full. NOTICE: An estimate of the total price of the labor, services, equipment or materials furnished is: 240,000.00 Date: April 16, 2010 PROOF OF SERVICE AFFIDAVIT I, Brenda Pyle declare that I served copies of this Preliminary Notice by First Class Certified Mail service, return receipt requested, postage prepaid, addressed to each of the addresses on this form on I declare under penalty of perjury that the foregoing is true and correct. Signed at San Diego, California April 16, 2010 (Signature and title of person making service) OFFICE ADMINISTRATOR CALIFORNIA 20 — DAY PRELIMINARY NOTICE FOR USE ON PRIVATE AND PUBLIC WORKS -IN ACCORDANCE WITH SEC. 3097, 3098, AND 3111, CALIFORNIA CIVIL CODE. TO BE USED BY SUPPLIERS, MATERIALMEN, ENGiNEERRS, ARCHITECTS, SUBCONTRACTORS, AND OTHERS SUPPLYING LABOR, SERVICES OR EQUIPMENT MATERIALS, ETC. rV You are hereby notified that the undersigned has furnished or will furnish labor, equipment, raerial�ii services of the following description: C-) _ 20- m m � FURNISH, DELIVER AND INSTALL GLAS -GRID 8502. J FROM CLAIMANT: (NAME & COMPLETE ADDRESS) Continental Western Transportation PO Box 26636 San Diego CA 92196 AUTHORIZED AGENT OR CLAIMANT SIGN HERE. Brenda Pyle, Office Administrator Name and Title of Claimant To Construction Lender or Reputed Construction Lender: NONE REPORTED To Owner or Reputed Owner, or Public Agency: CITY OF NEWPORT BEACH 3300 NEWPORT BLVD NEWPORT BEACH, CA 92663 ATTN: CITY CLERK To Original Contractor or Reputed Contractor: IMPERIAL PAVING CO., INC. 10715 BLOOMFIELD AVENUE SANTA FE SPRINGS, CA 90670 To Subcontractor With Whom You Have Contracted: IMPERIAL PAVING CO., INC. 10715 BLOOMFIELD AVENUE SANTA FE SPRINGS, CA 90670 To Surety On Prime Contract Payment Bond Of any): THE GUARANTEE CO OF N AMERICA USA 1800 SUTTER ST, SW45 CONCORD, CA 94 58pies Sent To: BOND #12063913 CltiffontInr.Tl Y C�.ynrin — rn CONSTRUCTION: (NAME OR DESCRIPTION OF PROJEC' `STREET O? M ADDRESS, LOT AND TRACT NUMBED -IF ANY): � CORONA DEL-MAR STREET REHABIL"ATION PROJECT - PHASE II, CONTRACT NO. 4140 NEWPORT BEACH, CA CONTRACTOR'S OR SUBCONTRACTOR'S JOB NUMBER (IF ANY): JOB #90013 NOTICE TO PROPERT OWER (S): If bills are not paid in full for the labor, services, equipment or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, all or part of your property tieing so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or that is appropriate under the circumstances. Note: This is not a lien on your property but a notice required by law to alert you to the possibility of liens being filed in the future if all parties who fiunish labor and materials to your job are not paid in full. NOTICE: An estimate of the total price of the labor, services, equipment m materials furnished is: 240,000.00 Date: April 16, 2010 PROOF OF SERVICE AFFIDAVIT I, Brenda Pyle declare that I served copies of this Preliminary Notice by First Class Certified Mail service, return receipt requested, postage prepaid, addressed to each of the addresses on this form on I declare under penalty of perjury that the foregoing is true and correct. Signed at San Diego, California April 16, 2010 a..- (Signature and title of person making service) OFFICE ADmrmsTRATOR CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda tf� i 1. 1 21110 May 11, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Peter Tauscher, Project Engineer 949 - 644 -3316 or ptauscher @newportbeachca.gov SUBJECT: CORONA DEL MAR STREET REHABILITATION PROJECT— PHASE 2 — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4140 Recommendations: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. 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. 3. Release the Faithful Performance Bond one year after Council acceptance. Construction Contract Summary: Discussion: On November 10, 2009, City Council authorized the award of Corona del Mar Street Rehabilitation Project — Phase 2 to Imperial Paving Company, Inc. The project was located within the Corona del Mar residential neighborhood generally bounded by Dahlia Avenue and Avocado Avenue, East Coast Highway, and Bayside Drive. The project scope of work included: Overlay and reconstructed the existing asphalt pavement sections with asphalt concrete and a Glasgrid reinforcing layer, Contract Construction Contract Final Cost at Benchmark Time & Time (days) Award Amount Completion Target Actual Approved Under ( -) or Extensions Over ( +) (days $964,055.00 $935,575.13 Contract Contract 85 18 +10% -3% Discussion: On November 10, 2009, City Council authorized the award of Corona del Mar Street Rehabilitation Project — Phase 2 to Imperial Paving Company, Inc. The project was located within the Corona del Mar residential neighborhood generally bounded by Dahlia Avenue and Avocado Avenue, East Coast Highway, and Bayside Drive. The project scope of work included: Overlay and reconstructed the existing asphalt pavement sections with asphalt concrete and a Glasgrid reinforcing layer, Corona l. Mar Street Rehabilitation Project Phase 2 - Completw,, and Acceptance of Contract No. 4140 May 11, 2010 Page 2 o Reconstructed existing curbs and gutters, sidewalks, driveway approaches, cross -'' gutters, and curb access ramps; • Adjusted manholes, valves boxes and covers, and other structures to grade; and • Replaced pavement striping, markings, and markers. 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: $964,055.00 Actual cost of bid items constructed: $935,575.13 Total change orders: $0.00 Final contract cost: $935,575.13 The final overall construction cost was approximately three percent below the original bid amount. The savings was a result of field conditions allowing the reduction of bid items such as asphalt leveling course, cold milling, Glasgrid, and crack sealing. Consequently the project had a net saving of $28,478.87. A summary of the project schedule is as follows: Estimated Completion Date per July 2009 Schedule: May 5, 2010 Project Award for Construction: November 28, 2009 Contract Completion Date per NTP & Approved Extensions: May 18, 2010 Actual Construction Completion Date: April 23, 2010 Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (c), of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. 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 construction informational notices were distributed by the contractor to residents and businesses within the work vicinity. The first notice was distributed ten days prior to the scheduled work. The second notice was distributed 48 hours before the work commenced. Corona dc. Aar Street Rehabilitation Project Phase 2 - Completio_ .,nd Acceptance of Contract No. 4140 May 11, 2010 Page 3 Funding Availability: In addition to the original construction contract, this project involved other project expenses, as summarized below: Construction Harrington Geotechnical Incidentals Total Project Cost $935,575.13 $8,270.00 $547.38 $944,392.51 Funds for the construction project were expended from the following account: Account Description Account Number Amount Prop 1 B (Local Streets and Roads) 7185- C2002037 $ 935,575.13 Total: $ 935,575.13 Prepared by: Peter Tauscher Project Engineer Attachment: Location Map Submitted by: tferfG. Badum is Works Director v °o 11% I LJLJ � �'sr 0 HIM P C P p TION E2 0 � tjA 000 00� a� yl " CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 2 LOCATION MAP NOT TO SCALE OFFICE OF THE CITY CLERK Leilani I. Brown, MMC June 23, 2010 Mr. Jim Dunleavy Imperial Paving Co. 10715 Bloomfield Avenue Santa Fe Springs, CA 90670 Subject: Corona del Mar Street Rehabilitation Project - Phase II (C -4140) Dear Mr. Dunleavy: On May 11, 2010, the City Council of Newport Beach accepted the work for 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 May 19, 2010, Reference No. 5010000235053. The Surety for the contract is The Guarantee Company of North America USA and the bond number is 12063913. Enclosed is the Labor & Materials Payment Bond. Sin�ceer�ey, �^ Leilani 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 Executed in Four Counterparts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 11 CONTRACT NO. 4140 BOND NO. 12063913 Premium Included in Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Imperial Paving Co., Inc., hereinafter designated as the "Principal," a contract for construction of CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE II, Contract No. 4140 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4140 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, The Guarantee Company of North America USA duly authorized to transact business under the laws of the State of Galifemia'as Surety, {referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Sixty -Four Thousand, Fitly -Five and 00/100 Dollars ($964,055,00) ImOtil money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. * Michigan THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, wfthhefd and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 28 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give aright of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. _ IN WITNESS WHEREOF, this instrument has bee d y executq by the above named Principal and Surety, on the 9th day of November RORFRT COT, TNS ANT SECRETARY Imperial Paving Co., Inc. (Principal) Auth iz d Si. itl The Guarantee Company of North America USA Name of Surety 1800 Sutter Street, Ste. 880, Concord, CA 94520 Address of Surety (925) 566 -6040 Telephone ut , ized EC rY{Signature Willaam�Sy/rkinn,, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SAD RETY MUST BE ATTACHED 29 ACKNOWLEDGMENT ov vvvvvnvnvnnvnvvnnnv ovnnnvnnnnovvnvnvv vnnvvvnnvv env vvnnnvavvvvvvvvvuv State of California County of On Public, personally appeared "See Attached" } ss. before me, nvova, Notary proved to me on the basis of satisfactory evidence to be the pol on(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me /that he /she /they executed the same in his /her /their authorized capacity(ies), and that by Wis /her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which, person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the of the State of California that the foregoing paragraph is true and correct. r WITNESS my hand and official seal. 0 t (seal) a o o v o n e n o e v o o v v v o O GOO O Gno Y G Uno ( n o o v o n a o v v O O O a p o o o e e o v000 o v v o v v a o o o o o o n n a n n o o n e, Date of Document Type or Title of Document Number of Pages in Document in a Foreign Type of Satisfactory Personally Kr Paper Identifi Credible Witn OPTIONAL INFORMATION Paper Identification Thumbprint of Signer ` ❑ Check here If Capacity of Signer: no thumbprint Trustee or fingerprint _ Power of Attorney is available. CEO /CFO /COO President / Vice - President / Secretary / Treasurer Other: Other Information: 30 ACKNOWLEDGMENT a a v as v a 0 a a v a a a v a o o v a a v a 0a v vvvv c a a v v v a a a a a a v v v vaavvv c o a a v v a v vv vv a a v v v aovvvv vvvo, State of California County of SEE ATTACHED ss. On before me, Public, personally appeared Notary ,who proved to me on the basis of satisfactory evidence to be the person(s) whose n e(s) is /are subscribed to the within instrument and acknowledged to me that he /she /the executed the same in his/her /their authorized capacity(ies), and that by his /her /their siq atures(s) on the n instrument the person(s), or the entity upon behalf of which the persoacted, executed the instrument. r I certify under PENALTY OF PERJURY under the laws of the/State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) aovvvv e v v v v a v a a vv vvvvvvvooaeev vvv 0 avvvvvvvv vv vv vvvvavvvvvvvavavvvvvvavvavvva.. INFORMATION Date of Document Type or Title of Document Number of Pages in Document in a Foreign Type of Satisfactory Evid/dnce: Personally Known with Paper Identification Paper Identifiepfion Credible Wit ss(es) Thumbprint of Signer Capacity of Signe : ❑ Check here if no thumbprint _Trustees or fingerprint Power of Attorney is available. CEO/CFO/COO President I Vice- President I Secretary / Treasurer Other: Other Information: 31 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT _ =..^ C: CkrCwz: �': MC�:` �C. M�. Cfac' C. c�. M. e�C'[ �C: c_„' F_>= �,, G�f' F���y; M.0 C. rC. CC> s�C. cC 2C '. ^..i�:.;^= .C;.r:'.�._:•., -.. _..p,- . f._:__ State of California County of LOS ANGELES On A 0Ll, 19, —�ZCCbq before me, DEBRA K ARMS NOTARY PUBLIC Dale Here In. Name anC "ripe of the officer ' personally appeared ROBERT COLLINS, .ASSISTANT SECRETARY )l DEBRA K. ARMS �! Commission p 1780670 °o fllaPnry Public • Caldomiu Los Angeles County M Comm. Ex roe Me 20, 2012 ; Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person( whose name(4 is /a Ksubscribed to the within instrument and acknowledged to me that her2if RkVyr executed the same in his /@fdfMM authorized caPacRYW, and that by his/"MKsignature(g) on the instrument the person(g), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALT Y OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature �L'L� f'C . E'Lyl)'i Signature of Nolary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Documen€ Title or Type of Document: Document Date: V % –L% ' �-� 9 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact e ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Nal ❑ Individual 0 Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �RIaaiiL7}1F11712 irfJl•, �—XN F-_ liaN _ LN 02007 National Notary Association- 93500e $olo Am, P.O'Bm2402•ChaLS ,CA913132402•w.vw.NaliwuWNo mg Item #5907 Reamer Call loll -Free t- BOpE,G6gZ] �:,r,l Irls,r•;r�In r,l_I - �uF;F�c4 <;F ;•,cr;r�e���ai Fr, t_; .1FrJr State of California County of Orange On 11/09/09 before me, A. Wilkison, Notary Public Date Here Insert Name and Tate of Me Officer personally appeared William Syrkin A. WILKISON Commission # 1866283 Z Notary Public - California = Orange County > My Comm. Expires Sep 26, 2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/ace subscribed to the within instrument and acknowledged to me that he /sheAhey executed the same in his Fkeic authorized capacity(#:&), and that by his/hed4heif signature(&} on the instrument the person(*,, or the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ' Signature of Notary PUdic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Payment Bond No. 12063913 Document Date: 11/09/2009 Number of Pages: Four (4) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: William Syrkin 0 Individual Corporate Officer — Title(s): Signer's Name: ❑ Individual 0 Corporate Officer — Title(s): _ 1:1 Partner — L Limited ❑ General ❑ Partner —O Limited C General _ ❑p in Fact e - O Attorney in Fact o ' .Attorney u Trustee _ Top of thumb Here L Trustee Top of thumb here 0 Guardian or Conservator a Guardian or Conservator • Other: O Other: Signer Is Representing: Signer Is Representing: The Guarantee Company of North America USA C2007Natlonal Notary ASSor9abon•935 Soto Aw,.P.O.e 24 -Chats ,CA 9131e-2402 -w NationalNataryorg Item #5907 Reotder:Call Toll- Fme1.8110-8785827 THE GUARANTEE COMPANY OF NORTH AMERICA LISA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint William Syrkin, Matthew C. Welty, Sergio Bechara Millennium Corporate Solutions, Inc. its true and lawful attorney(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at anytime, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the W' day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. On this 22ntl day of July, 2009 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. ent County of Oakland My Commission Expires February 27, 2012 .. *: Acting in Oakland County I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorrfey,executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITINESS WHERECF, I have thereunto set my hand and attached the seal of said Company this 9th day of November 12009 R. Se Randall Musselman, Secretary �iIRMEP�t IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 22 "" day °off of July, 2009. �Jppnxrea G` THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen Dullard, Vice President Randall Musselman, Secretary County of Oakland On this 22ntl day of July, 2009 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. ent County of Oakland My Commission Expires February 27, 2012 .. *: Acting in Oakland County I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorrfey,executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITINESS WHERECF, I have thereunto set my hand and attached the seal of said Company this 9th day of November 12009 R. Se Randall Musselman, Secretary �iIRMEP�t 0RNL May 11, 2010 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 OFFgOE OF THE CITY (CLERK Leilani I. Brown, MMC RE: Notice of Completions for the following projects: Peninsula Point Water & Sewer Improvements (C -4066 o Corona del Mar Street Rehabilitation (C -4140) Please record the enclosed documents and return them to the City Clerk's office. Thank you. Sincerely, v Q_ bvw—� Leilani 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.ea.us 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, 3304 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Imperial Paving Company, Inc., of Santa Fe Springs, California, as Contractor, entered into a Contract on November 10, 2009. Said Contract setforth certain improvements, as follows: Corona del mar Street Rehabilitation Project — Phase 2 (C -4140) Work on said Contract was completed, and was found to be acceptable on May 11, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is The Guarantee Company of North America USA. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. BY O V City Clerk 1 CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:OOA.M. on the 22nd day of October, 2009, at which time such bids shall be opened and read for CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE II Contract No. 4140 $1,305,000 Engineer's Estimate SPV!en G. Badum ublic 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 Classification required for this project. "A" For further information, call Peter Tauscher, Prolect Manager at (949) 644- 3316 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: hftp:/Aftjww.NewportBeachCA.gov CLICK: Online Services /Bidding & Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE II CONTRACT NO. 4140 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 ............................................................. ....................I.......... SP -1 4 1Mtjj��)2_lAt- wAV I w, ,r, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 11 CONTRACT NO. 4140 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, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. Ztru Si u A Contractor's License No. & Classification 22 F zooa Date ^r�l CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 11 CONTRACT NO. 4140 We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Amount Bid Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of CORONA DEL MAR STREET REHABILITATION PROJECT - PRASE II, Contract No. 4140 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30),calendar days after the date of'the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 15th day of Imperial Paving Company, Inc. Name of Contractor (Principal) The Guarantee Company of North America USA Name of Surety 1800 Sutter Street, Ste. 880, Concord, CA 94520 Address of Surety (925) 566 -6040 Telephone William Syrkin, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) q ACKNOWLEDGMENT ............................... •..................e........... State of California County of * *See Attached ** ss. On before me, Public, personally appeared proved to me on the basis of satisfactory evidence to subscribed to the within instrument and acknowledge same in his /her /their authorized capacity(ies), and lr instrument the person(s), or the entity upon behal� of/ instrument. i I certify under PENALTY OF PERJURY foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ............... Notary /the person(s) whose name(s) is/are o me that he /she/they executed the by his/her/their signatures(s) on the ch the person(s) acted, executed the laws of the State of California that the (wall ... ................. .... ... a, ................. . ........ ..... ...... . ... .... ... ..t Date of Document Type or Title of Document Number of Pages in Document in a Foreign Type of Satisfack _ Personally _ Papertder Credible H OPTIONAL INFORMATION Paper Identification Capacity of Signer: _ Trustee Power of Attorney _— CEO / CFO / COO President / Vice - President / Secretary / Treasurer Other: Other Information: V Thumbprint of Signer Q Check here If no thumbprint or fingerprint Is available. ACKNOWLEDGMENT ............................ ............................... State of California County of ) ss. On before me, Public, personally appeared ................. Notary proved to me on the basis of satisfactory evidence to 0 the person(s) whose name(s) islare subscribed to the within instrument and acknowladg to me that he /she /they executed the same in his/her/their authorized capacity {ies), and at by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf f which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature the laws of the State of California that the (seal) .......••..... ..............0.u.................. a... 0 a....................... Date of Document Type or Title of Document Number of Pages in Document in a Foreign Type of Satisfactory Evide _ Personally Known 4t Paper Identification _Credible Witness(es) OPTIONAL INFORMATION Paper Identification Capacity of Signer: _ Trustee _ Power of Attorney _ CEO / CFO / COO President I Vice- President I Secretary / Treasurer Other: Other 7 Thumbprint of Signer ❑ cheek here If no [hunbprint or fingerprint Is available. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On (0'Z2foq beforeme, FRITZ DOW COY, NOTARY PUBLIC Dale Here insen Name ano Title or the officer personally appeared ROBERT COLLINS,. ASST. SECRETARY Nam(s) of Signer(5) FRITZ DOW COY Commfsslon 1801776 Notary Public - California Los Angeles County MY Comm. Expires Jun 15. 2012 Place Nolary 500 Above who proved to me on the basis of satisfactory evidence to be the person( whose names) is/aYiKsubscribed to the within instrument and acknowledged to me that he /s` M%� executed the sable in his /h`hiflfigXauthorized capacity("), and that by his(li NMNr signature(A on the instrument the person(), or the entity upon behalf of which the person(§) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m n offi Signature Oalure Of Newly Pub C OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer— Title(s): _ Partner — Limited _ General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Number of Pages: Signer's Nat D Individual 3 Corporate Officer — Title(s): _ Partner — - Limited -- General Attorney in Fact Trustee = Guardian or Conservator Other: — Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 62001 Naaona Nolary Assooalicn•33500ESoto AVe..P.O. Sea 2402•Cbalsmolb. CA 913192402•w.uw.NaaonaiNOtary.orq Item 05907 Reoroar. Gall Toll-Flee 1800.8166827 :R•.'. �;,' r.- n.> di <.<jtS> ;.aY.33�a9 "Vfi➢4':: >:n� :.•. ��+ii.i�?:� .a,.1•; ]s;C� <. <,:i:; ac!:�.:...na7v „ai.::> ax'y£.'iS.ftix:+.i.'+ai:Of,:. • .�•fFi':n':: >:..>P.<>vit�:3v!fa State of California County of Orange On 1 oil siog before me, A. Wilkison, Notary Public olu* Here Ineen Name and nla of the Officer personally appeared William Syrkin Names) d algner(e) A. WILKISON Commteslon • 1885264 Nalry Publk - Celltornle (InmBe County Comm. Se 25,2818+ Place Notary Seal Mae who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/allefthey executed the same in hislUe#dwic authorized capacrty(iea), and that by his(kerAh& signatures} on the instrument the person(*, or the entity upon behaff of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Sjgnelure at Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: 10/15/2009 Number of Pages: Three (3) Signer(s) Other Than Named Above: Capecity(fes) Claimed by Signer(s) Signers Name: William Syrki ❑ Individual +FI Corporate Officer —Title(s): — ❑ Partner-171 Limited O Gener' El Attorney in Fact D Trustee Guardian or Conservator Other: Signer Is Representing The Guarantee Company of North America Signer's Name: ❑ Individual ❑ Corporate Officer — Tifle(s): n Partner — ❑ Limited G General 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here ..,.... �..:....:.vs<wow,..,. <c+V, :. .v,- � <.aav <�. .•r.: %x<. <_.0 , v�:.< o•,< . ,.c:. «vur<:r<cx'ys`;..•� <:'a:. y.. >c:..aaaYw �� y�.vttr .y <,� THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint William Syrkin, Matthew C. Welty, Sergio Bechara Millennium Corporate Solutions, Inc. its true and lawful attorney(s) -in -fact to execute, seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney Is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: f. To appoint Attomey(s) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any lime, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -mn Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 314 day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 22nd day of July, 2009. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen Dullard, Vice President Randall Musselman, Secretary County of Oakland On this 22" day of July, 2009 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said Instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duty affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland 40 My Commission Expires February 27, 2012 /J 7 Acting In Oakland County ("'/7` �,� �. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 1Sth day of October 12009 Randall Musselman, Secretary Best's Rating Center - Company Information for Guarantee Co of North America USA ... RAMP Pman¢hl...R Rallnpa ygylg Qr Vyia ad", Cmpl Rhin, >nqlam.a xlvmtlGlm fibpary NI1151W MRmmb3FO Mlfen) ryWG 84tle Oa0a4 SYhla P¢Wn..Mn�aO +am ammaa B.4 B¢oma...z. zmp —(...aline «.x. I. 0a11e. (Man[.-. Ravnpe 3w rwmp MMipm¢ RapoN ma Nm Vwlam NanaRam MIM NM1¢Imai➢.I. 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EvnhN .., R•wp Gnlvebme http:// www3 .ambest.com /ratings/FullProfile .asp ?B1= 0 &AMBNum= 11083 &A1tSrc =1 &A... 10/22/2009 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE II CONTRACT NO. 4140 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) Subcontractor's Information Bid Item Description of Work %of .'ti. - Number z Total Bid Name: 97P�l,$ Address: ��p /daNft- 21, 3Di Phone: /8 e State License Number. OLL v,e f1 -c>�. Name: cwr ?fie Address: Is a Phone: / State License Number: i ssesai q.•J Name: o c I;rr 0 Address: e�T�rpd / Cl Phone: State License Number: 1M A'L �aL Bidder 0 IN .'ti. - -- z CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE It CONTRACT NO. 4140 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlil Please print or type. Bidders Name 1"PQZtAt_ Co. tom- - 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 ProjectName/Number - VAFi✓IG f 4 u�r.w� T ILP'J Project Description 150pet'-t'7 t-h»aoS Approximate Construction Dates: From 1/1 /0,5 To: q %30IoP Agency Name C N 13F a'%4-0-p- Contact Person _PJf21PhJ %"C- P-LAA W V2^ Telephone (-)j4) 990 - 7t4c'7 Original Contract Amount $_0v,noc =Final Contract Amount $ 90,000. — If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 2 Project Name/Number Zrp5 j x C 17��u�rAG.1C p,2c �,dlp r �t Project Description 9E1�:-ureFAU --LL Approximate Construction Dates: From 7hobe, To: a j-,o Jo g Agency Name C tYy o P A 114 r-%At E Contact Person 164 Ivy Telephone (bol) 21a'7 - 5 312- 71 LA 21 eoo . Original Contract Amount $ Final Contract Amount $ 70 b42-- pop- If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number CDUG 'Ta¢&eT An2g^ Su Cr' Tter�.T.we�T Project Description l2 5,zYAr-t.JG Approximate Construction Dates: From 5 %ro/og To: '5I3, /08 Agency Name C(-rj of r,-rct �rz Contact Person ef-�' _� 4.4 Y JU Telephone (sLa) 9yS- BZoo Original Contract Amount $ 81, vvv. Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. ND W] No, Project Name /Number ATLA4 -n(- zL vo Project Description of ATLA sTic. fSLUi�. Approximate Construction Dates: From -xi o t) To: -3 /3e %o8 Agency Name i_ T� of Acw,a" K%2PL Contact Person L4 P -.JC>A 1,�: r CQ, Telephone (wo 570 - 5bm2 Original Contract Amount $19&c- 000• 'Final Contract Amount $ 989, o00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and Indicate outcome of claims. No. 5 /J/ Project Name /Number %)o6,wooil -1' e. yyg ;Le- JZ Project Description 3w =Ac4-ic� fl S4:6 N 4&7ac- Approximate Construction Dales: From 8/I s,/oB To: .9�a�r� Agency Name Contact Person-,46 4,y,g,N L 4 Ve s Telephone (700) 334d - 8szo Original Contract Amount $ 9cw•-FinalContractAmounl$ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name/Number ?off 2ooep A14yl P Z) 112E v` Project Description �t�v e`nu ✓C, Approximate Construction Dates: From 'g a To: 3,ho4p 7 Agency Name Contact Person (Imo) 323 _ B2S3 Original Contract Amount $ sa ooc.-Final Contract Amount $ !.50 COD - If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a sufficiently comprehensive conditions. to permit an appr 12 other information currrAt financial STATEMENT OF EXPERIENCE Agency: City of Brea 1 Civic Centet-.Circle Brea, CA 92P.2 i Project: Traffic Management Plan Valuation: $80,000 -00 Completion Date: 9/30/08 Contact: Brian s`ngallinera Phone Number: (714) 990 -7667 !. Agency: City of Palmdale 38250 Siena Highway Palmdale, CA 93550 Project: 2008 Street Resurfacing Program Valuation: $2,692,000.00 Completion Date: 9/30/08 Contact: Mike Livingston 1'iione Number: (661) 257 -5312 Agency: City of El Centro 1275 Main Street El Centro, CA 922443 Project: Dogwood Avenue Phase 11 Valuation: $429,00.00 . Completion Date: 9/30/08 Ccntart: Abraham Campos Phone Number: (760) 336 -8520 4. Agpmcy: City of Whittier l3?30 Penn Street Whittler, CA 90605 Ps'o eci: CDBG Target Area Surface T reatin,,m Valuatiom $81,000.00 Completion Date: 5/30/08 Contact: &HIny.1101 Phone Number: (562) 945 -8200 (`: f.•! '3u,<y ✓ ?.11��; R O -- "�q 0[y \\ 634-392 /N (� �.`V Jr}. ,�. 11.! V��f l { �� A Clri I C. f�. ." 1 •�il('ll sV ♦�: %J. I., i1 �� /.$'•l•�iij i�l�dl V'1 �.;..f J, nia. �e Jlmni±'z. rA yi flit �. r gency: City o£Alhamb a . I i 1 South First Street Alhambra, CA 91901 Project: Atlantic Blvd Phase II Valuation: $989,00.00 Completion Date:. 5/30/08 Contact: AmandaEitei Phcne Numbei: (626) 570 -S6 Agency: City of Seal Beach 211 8'h Street Seat Beach, CA 90740 project: Main Street. Park ing Lots Valuation: $35,000.00 C-Orripletion Date: 4/30/08., Contact: ')avid Spitz Phone Number: (562) 431 -2527 A:;ency: City of Lake Forest 2550 CoWnercentre Dr, Suite 100 Lake Forest, CA 92616 Project: AC Impmve!nents-West of Toledo Way iG; 'Vaivation: $627.000.00 Completion Date: 12131/07 Contact: Bill Seitz Phone Number: (949) 472 -3503 8. AwMlly: City of Lake Forest 2550 Commercentre Dr, Suite 100 Lake Forest; CA 92630 project: AC Improvements Fast of Toledo Way 1.1-1! Valuation: $671.000.00 Completion Date: ii�2/31 /07 —antact: 11111 :eitL bone Number. (9491472-31505 i :' - :.� RI. %.`...ri •�' �i :7 a! Ar'A'.I .L �...ylQ any 'f %(800v BY A-3S23 tP i2.l+1_T. :'�IL:t �!',�_Ir "ill (!1 yn,MU'r y`(: Agency: City of Whinier 1321 Perri Street Whittier, CA 90605 project Norwalk Blva Valuation: $285,000.00 Completion Bate: 9/30/07 C ontaci: Sunny Ng fione Number: (562) 945 -8200 Agency: City of Sail -Dunas 245 E. Bonita Ave San Dimas, CA 91773 i-"o;ect: Alleys "D" anti "W" Valuation: $118,000.00 Completion Date:, 3/30/07 Contact: Scott `fanagihara Phone Number: (909) 394 -6246 ! Agency. City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 -274; Project: 2005 /2006 ARHM.Overlay Valuation: $650,000.00 Compiiction Date: 3/30/07 C'o =tact: Tike i,ytar Phone Number: (750) 323 -8253 x8734 i =. Agency: City ofHuntington Pink 6550 Miles Avr, Huntington Park, CA 90255 Pttrecf: improvement of Pacific Blvd. 7alttalion: o209,U0Q00 Completion. Date: =/30/07 ''artact: Patrick .,,. } q , i',y± ,z Fee: {�.v;2D a;,;�c �;ru•'�_ �i: :7 i:r�4. r...I; •t'�G 13. Agency: Citvoforuige 300 E. Chapman A ve. Orange, CA 92366 Project: Santiago Right Tum Lane Improvements Valuation: $125,000.00 Completion. Date: 10131/06 Contact. Randy Nguyen Phone Number: (7 1 4) 744-55-31 14. Agency: City of Diarbond Bar 218^'15 Copley Dr. Diamond Bar_ CA 91165-4178 i'aject: Neighborhood TrEdlic Management Project Vaivation: $135,000.00 :ompletion Date: 10/31/06 Contaci: Jorge Garcia Phone Number:, (909) 839-7046 7. A—acy: GILy of $2.11 I'C1TialidCi i 17 Macneil St. San Fernando, CA 91340 -299 sclera: Library Street Alley improvemeniz. valuation: �335,000.G0 Completion Date: 9/31 /06 Cc ntact: Manuel Fabian Phone ],,!umber:' (S 18) 898 -124 :.:fiti.�1..:'Sl •i ' '�l �.11•i .4 �G.:i —:�4 �':�. LfJls4J�lY1 �V� `a'�J�Il .Y' G�e{.� \✓'i'_.1 } / {M —�—., _:13f�� '`:, er• F� .� {3tl!±!'s, !�. %li� ' CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE II CONTRACT NO. 4140 NON- COLLUSION AFFIDAVIT State of California ) ) ss. County of k oS A. c tuas) �%ti2T Loy a .—rS being first duly sworn, deposes and says that he or she is ASST_ Sic 22 T of t4 !or the party making the foregoing bid; that the bid s not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative then o, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, Idyepository, or to any member or agent thereof to effectuate a collusive or sham bid. n declare under penalty of perjury of the laws of the is true and correct. M i�c Bid er utho 'zed S natur ITitlle Subscribed and sworn to (or affirmed) before me on this day of , 2009 by , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] 13 �J�DF ATYA[.t�� Notary Public My Commission Expires: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 11 CONTRACT NO. 4140 DESIGNATION OF SURETIES Bidders name it tc�aiAL- PAVE -mot}. c� Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insuranceibond type): MII.L•ENn11Vw.A Lo��fLAT` SCI.- JTio•�.lS. t.1G• 1a -v��l= � l'a, tizlr2 -o t2e`13Ett -A lJeap.S- 13arTicS (qg'?) 05-7 -<4520 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE II CONTRACT NO. 4140 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name 11141 EZIA` ,?A\J% -AC- Co. 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. 15 Current Record Record Record Record Record Yearof for for for for for Record 2008 2007 2006 2005 2004 Total 2009 No. of contracts I C i 34 Total dollar Amount of Contracts (in Thousands of $) Z�o�� 3eou Hip �j3oo %10D t�o0 I 5-pC No. of fatalities o D o 0 0 o O No. of lost Workday Cases 0 O b O No. of lost workday cases involving permanent transfer to another job or termination of employment O D O p O D 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. 15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l County of LOS ANGELES 11 On I0%2240q before me, FRITZ DOW COY, NOTARY PUBLIC Oaie Here Insert Name and Ttle of the Officer personally appeared ROBERT COLLINS,. ASST. SECRETARY FRITZ DOW COY Commission 8 1801776 -a Notary Public - California Los Angeles County M Comm. Expires Jun 15, 2012 who proved to me on the basis of satisfactory evidence to be the person(A whose name(e) is /aim subscribed to the within instrument and acknowledged to me that he /s t � executed the sarr{e in his /h`6i4'MXauthorized capacity(}N), and that by his/l%K%Nir signature(A on the instrument the person(tj, or the entity upon behalf of which the person(§ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my offic' Piece Notary Seal Above Signature gnature OI XMN Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer—Tdle(s): — Partner — _ Limited _ General Attorney in Fact Trustee `. Guardian or Conservator _. Other: Signer Is Representing: RIGHTTHUMBPRINT GF SIGNER Number of Pages: ___ Signer's Name: 7 Individual Corporate Officer — Title(s): __ Partner— _� Limited I.: General Attorney in Fact Trustee Guardian or Conservator - Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER 1 rV2007 Haaonal NOUN ASSdOalicn•4359 De SOWAVe.P0.eov2402•GhaOWOnh.GA 91313.2402•vnw,NaaonalNOtaryorg Uma5907 Reo,der. call TOlbFree 1-0"76.6822 Legal Business Name of Bidder tr ,pG�,n L p„v , ,�., C n �c . Business Address: Business Tel. No.: � ) qy.l - re,-7s State Contractor's License No. and Classification: Lee 51 o Title 2oo,!.e,2r 5�c�zaTa.�y The above information was compiled from the records that are available to me at this time and I declare unde5,Renalty of perjury that the information is true and accurate within the limitations of tbfos& records. / Signature of bidder Date'- t is Title 2t� Sec Try s Signature of bidder Date t o v Title J �c v�Lf P,2ES��r Signature of bidder Date"o Title fLo�3E�T Lou . mss, AST Sc,cCZE-rAe2�) Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE II CONTRACT NO. 4140 ACKNOWLEDGEMENT OF ADDENDA Bidders name It- A?ai2 -)A%-. % >Avis n r� . i--,�c. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 11 CONTRACT NO. 4140 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 < orpora io 11 tTiz,pnr Pa�� vC� t u . Business Address: 11T115 el %x. imn, ^NA-- sa �r<. w saa��,� s��.o gom-ro Telephone and Fax Number: ea) rtAW - og-7 5 E�Zez) 9#4-ogo8 California State Contractor's License No. and Class: Zt,c<sno^ (REQUIRED AT TIME OF AWARD) Original Date Issued: i z v7 1 q» Expiration Date: List the name and titlelposition of the person(s) who inspected for your firm the site of the work proposed in these contract documents: - s>^Stl,, 0C., i 1 u; C." 4"t 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 fZO�zT Lo�...wS, ASST• 58L12 -�T.� 10-715 �.au►.nr���� owe• V1,CAt P1�£51��1,T 'SA. -.+TA B CA 900- 0 &�RpZ) gA14 - Q i -75 Corporation organized under the laws of the State of CAL1�=royy- � 1a, 167 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: 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: 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 owner /agency? If so, explain. "0 Have you ever failed to complete a project? If so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /AD Are any claims or actions unresolved or outstanding? Yes 19 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non- responsive. ¢yLI AV 1C� Lo. Bidd r On name of QwneF or President Title O[TV3 Z2. Zon°l Date before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their 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 foregoing paragraph is true and correct. WITNESS my hand and official seal. (SEAL) Notary Public in and for said State My Commission Expires: 20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of LOS ANGELES 1} On 1obz4oq beforeme, FRITZ DOW COY, NOTARY PUBLIC Date Here Insert Name and Title of the officer personally appeared ROBERT COLLINS,. ASST. SECRETARY Name(s) of S,gner(s) FRITZ DOW COY Commission # 1801776 Notary Public • California Los Angeles County My Comm. Expires Jun 15, 2012 J Pum:e Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person( whose names) is/anKsubscribed to the within instrument and acknowledged to me that he /s`Ci � executed the sarrie in his/%4@€t6iKauthorized capacity(), and that by his/t 0ffiNr signature(i) on the instrument the person(), or the entity upon behalf of which the person(§) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my e ffici Signature Signature 01 Notary Pubn OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: (_ Individual Corporate Officer— Title(s): - -' Partner---' Limited --General Attorney to Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGNTTHIIMBPRINr OF SIGNER Number of Pages: Signer's Name: 2 Individual ❑ Corporate Officer — Title(s), Partner — = Limped F. General Attorney in Fact Trustee TOP r, Thumb h¢r¢ Guardian or Conservator Other: Signer Is Representing: i *20C7Nat,onai Notary Assocalnn- 93500e Soto Ave.. RG Be. 2402•Chr.rfh,CA 913132402- ..NafmnaMotaryorg Item45907 Reorder Can Toll Free I.BDO 376.6027 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE II CONTRACT NO. 4140 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. 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE II CONTRACT NO. 4140 CONTRACT THIS AGREEMENT, entered into this _ day of , 2009, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Imperial Paving Co., Inc., 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: CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE II The work necessary for the completion of this contract consists of (1) distributing construction notices to affected businesses and residents; (2) construction surveying; (3) removing existing pavement; (4) removing existing traffic stripping, pavement markings, and raised pavement markers; (5) removing existing sidewalk, curb, gutter, cross gutter, driveway approaches and curb access ramps; (6) grinding, installing Glasgrid, overlaying and reconstructing roadway; (7) constructing sidewalks, curb, gutter, cross gutter, driveway approaches, curb access ramps; (8) pruning tree roots; (9) installing new tree root barriers; (10) adjusting and replacing utility and survey facilities; (11) installing new pavement striping, curb painting, and raised pavement markers; and (12) other incidental items to complete work place required by the Plans and Specifications. 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, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4140, 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: 22 All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Nine Hundred Sixty-Four Thousand, Fifty -Five and 00 /100 Dollars ($964,055.00). Please note: The "as read" bid amount was $954,055.00, however the corrected bid amount is as shown above and from this point forward in the contract documents. 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. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). 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: Peter Tauscher (949) 644- 3316 Imperial Paving Co., Inc. 10715 Bloomfield Ave. Santa Fe Springs, CA 90670 562- 944 -0975 562 - 944 -0983 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and rio or to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. 041 Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 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. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including 24 coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. 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. 6. 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 elected or appointed 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 elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b) 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, O 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. Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. 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. 7. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 8. 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. G. 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. 26 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in G.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. 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. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY OF PORT ACH A Muni ' al Co rporati By: Lfi) k CITY CLERK e, R�_ Mayor APPROVED AS TO FORM: ISO M. r CO., INC. 0 Title: ASSISTANT SECRETARY Print Name: Officer) Title: Print Name: JIM DUNLEAVY Please note: Corporations must complete and sign both places above even if each ofce is held by the same individual 27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On () o1) , i3, OQ before me, T) E609 u PPM S' I)0TAR4 PLL6L1G Dale Y� Here Insert Nam and TOe of the Officer personally appeared R06 AT CULf -1/i S - 14t)G- Name(s) of Signers) DEBRA K. ARMS i Cowarinim R 179!871 No" - Court" Los Anpela Cowgy Comm. Expires May 2D, 2912 Piece Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that h&/sWthey executed the same in Iti$/Ip$r/their authorized capacity(ies), and that by hiQhkt/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 foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature tlQQ ILf,R YU K . 012 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to parsons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ Cl Attorney in Fact CI Trustee Top of thumb here Cl Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Nat ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: �e1GtlTTH:RNT '� �OF'BIGU1 N1BPER" I C2007NaLbnaiMml Asso®IIon-93SODe Sdo Ave,P.O.S.2402 -CJa worth ,CA913l3.2402 -n ..NetWrreM ,y.o,g itemilM7 Reoc.,:Ca11Tdl.Free190"76-6627 Executed in Four Counterparts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 11 CONTRACT NO. 4140 BOND NO. 12063913 Premium Included in Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Imperial Paving Co., Inc., hereinafter designated as the "Principal," a contract for construction of CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 11, Contract No. 4140 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4140 and the terms thereof require the furnishing of a bond, providing that If Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, The Guarantee Company of North America USA duly authorized to transact business under the laws of the State of Galifernie *as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Sixty -Four Thousand, Fifty -Five and M100 Dollars {$8&A,055.00a laavful money of the Vnited States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. " Michigan THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, wflhftefd and paid over to the Employment Oevetopment Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 28 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall In any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has bee d y executeAby the above named Principal and Surety, on the 9th day of November , 2198. RQRF.RT COLLINS Imperial Paving Co., Inc. (Principal) The Guarantee Company of North America USA Name of Surety 1800 Sutter Street, Ste. 880, Concord CA 94520 Address of Surety (925) 566 -6040 Telephone ut ized g Signature William Syrkin, Attomey -in -Fact Print Name and Title SECRETARY NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 ACKNOWLEDGMENT ................ .......................YY...... as........\.. a ...... \.a (......, State of California "See Attached" County of ) ss. On before me, Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the p on(s) whose name(s) is /are subscribed to the within instrument and acknowledged tom hat he /she /they executed the same in his /hadtheir authorized capacity(ies), and that by s/herltheir signatures(s) on the instrument the person(s), or the entity upon behalf of whic the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the ws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) • ................uu...uu..yu .. u.uuu u. u..•uu u....•u.uuuuu... Date of Document Type or Title of Document Number of Pages in Document in a Foreign Type of Sadsfact( Personally _ Paperlder Credible N Paper Identification INFORMATION Capacity of Signer: _ Trustee Power of Attorney CEO /CFO /COO President / Vice- President / Secretary / Treasurer Other: Other 30 Thumbprint of Signer ❑ Check here If no thumbprint orgngeprint Is available. ACKNOWLEDGMENT on... FFFFFFFFFFFFFFFFFFF.......... Owosso .... W ................. OFF... F......... State of California County of SEE ATTACHED ss. On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose n e(s) is/are subscribed to the within instrument and acknowledged to me that he /shetth executed the same in his/her /their authorized capacity(ies), and that by his/her/their si atures(s) on the instrument the person(s), or the entity upon behalf of which the person{ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws aft State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) I. .......................s FF......A..J................... opens .............. ... Date of Document Type or This of Document Number of Pages in Document In a Foreign Type of Satisfactory Personally Kr Paper Identifi Credible Witr with Paper Identification INFORMATION Thumbprint of Signer Other Information: 31 ❑ Check here If Capacity of Signe . no thumbprint _Trustee a or fingerprint _ Power of Attorney is available. _ CEO/CFO/COO _ President I Vice- President t Secretary / Treasurer Other: Other Information: 31 CALUFORNIA ALL - PURPOSE ACKNOWLEDGMENT •s r. Fc�cf, C ..2F`�.r".•e.2�lc�".C� ^�.c`�^aC ..3`C.LK` .c ^.tom` . c(' ��R�. nr�rscr�( �'!. �itL- �"` C.F::d?^,fi['K- :6.�C= i73n�C�.F:: =rte -. State of California County of LOS ANGELES On f) Q�9 before me, ni rxun x_ nuMS NOTARY PUBLIC Dale Here nsefl wane ane nrce M me D = personally appeared ROBERT COLLINS, ASSISTANT SECRETARY Na s1 d Shp II K. ARMS CotlaNatbn * 179997-4' Rmy Public - calirr it Lot AaWn Cft* Comm. E ra Mt 20.01112t Am Notaq Salt Above who proved to me on the basis of satisfactory evidence to be the person(i) whose name( is/ sub scribed to the within instrument and acknowledged to me that hem executed the same in hiss authorized capacftyW and that by his/dWMAI signatureN on the instrument the person(Q, or the entity upon behalf of which the person(M acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature LQ -2= / alulka-1 •) p� y ONAL sgnm m a c Nalary pw OPTIONAL Though the infomration balaw is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document rl n _ 1 Y Title or Type of Document: r YU, f l D US2� & ILL a - r�G ,6L Y Document Date: (J I ) -q ` C) 9 Number of Pages: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — 1- dle(s): ❑ Partner —❑ Limited ❑ General • Attorney in Fact MEM • Trustee cop of Ihumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Nar ❑ Individual ❑ Corporate Officer— Title(s): _ ❑ Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: kTTTTiiJ'TBRH_I it! 821107 NaamWtLmry Axo6atlon•9350 DB SObhe- P.0.9oz 2d02•GmLawalCA 91813- 2a02•waw.NmbteNlMaryag ttee a58b] !?MaCx.DeaTb6Fre ¢ t- e0D8"68827 40�..i:..:.G�*,.a.ihr „'S*,.q State of California County of Orange On 11/09/09 before me, A. Wilkison, Notary Public Date Have man Name and Tdis of the Officer ' personally appeared William Syrkin Nam(s) of sigmffs) A. AILKISION Commission S 1866283 Notary Public - California Orange County My Comm. Expires Se 26, 2013 Place Notary seat Abow who proved to me on the basis of satisfactory evidence to be the person(&) whose name(G) is1we subscribed to the within instrument and acknowledged to me that heMheAhey executed the same in hisAwfifilaoic authorized capacity(ie&), and that by hisf%er{t w* signatures} on the instrument the person(&} or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 5i�r � Signature Of Notary Pubrtc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could provent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Payment Bond No. 12063913 Document Date: 11/09/2009 Number of Pages: Four (4) Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signers Name: William Syrkin t7 Individual Corporate Officer — Title(s): Ci Partner — U Limited CI General [Z] Attorney in Fact MMMM D Trustee Top of thumb here Guardian or Conservator Other: Signer Is Representing: The Guarantee Company of North America USA Signer's Name: ❑ Individual 0 Corporate Officer — Tiffe(s): _ n Partner — ❑ Limited CI General Attorney in Fact C. Trustee Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here :/A3''ti:ti . n:i .vh_4C ✓. ✓u.Yt'.v y[:v ; �• /ttvt THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint William Syrkin, Matthew C. Welty, Sergio Bechara Millennium Corporate Solutions, Inc. its true and lawful attomey(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) In pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the some had been duty executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31dx day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof: and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it Is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further. this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duty called and held on the 31 ' day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Pourer of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory In the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this Instrument to be signed and its corporate seal to be affixed by its authorized officer, this 22nd day of THE E G GUARAARA NTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen Dullard, Vice President Randall Musselman, Secretary County of Oakland On this 20d day of July, 2009 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland /� My Commission Oakland County 012 �/L�t -�.GQJ /j• ���,� I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power ofAtiorWy executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF. I have thereunto set my hand and attached the seal of said Company this 91h day of November , 2009 Randall Musselman, Secretary Executed in Four Counterparts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE II CONTRACT NO. 4140 $100,000.00 x S12A0 =$1,200.00 BOND NO. 12063913 $400,000.00 x $12.00 44,800.00 $464,066.00 x $ 8.00 - $3,712.44 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 9.712.00 being at the rate of $ " thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by_ motion adopted, awarded to Imperial Paving Co., Inc., hereinafter designated as the "Principal ", a contract for construction of CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE II, Contract No. 4140 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4140 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and The Guarantee Company of North America USA , duly authorized to transact business under the laws of the State of Michigan fialifew+ia as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Sixty -Four Thousand, Fifty-Five and 001100 Dollars ($964,055.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns: for which payment well and &* to be made, we bind ourselves, "heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 32 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City Is required to bring an action in law or equity against Surety to enforoe the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations of additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in fun force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument Surety above named, on the 9th day of Novemb ROBERT CDT.T.TNS Imperial Paving Co., Inc. (Principal) The Guarantee Company of North America USA Name of Surety 1800 Sutter Street, Ste. S80, Concord, CA 94520 Address of Surety (925) 5666040 Telephone duly execulftd by the Principal and William Sorkin, Attorney -in -Fact Print Name and Title SECRETARY NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 33 ACKNOWLEDGMENT ..... 0....... U .................. .. ....Y ..... ..................... 0... \........, State of California "See Attached " County of ) ss. On before me, Public, personally appeared Notary proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. z I certify under PENALTY OF PERJURY under the laws of the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ....... ............................... Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with I Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee Power of Attorney CEO l CFO / COO President / Vice -Pr Other: OtherInformaliion: Identification of California that the (seal) .......2 .88.99 ......................... / Secretary / Treasurer 34 Thumbprint of Signer 0 Check here if no thumbprint or fingerprint is avallable. ACKNOWLEDGMENT ......................................r......... ........................,....., SEE ATTACHED State of California County of On Public, personally appeared ss. before me, Notary ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ■ rrr.. rr•■ rrrrrrrrrrrrrr ...r.........r••.....0 .....• r ............ ••••••.r r...� Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee Power of Attorney CEO /CFO /COO President I Vice- President ! Other: Other OPTIONAL INFORMATION / Treasurer 35 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint Is avallable. CALIFORNIA ALL. - PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On noU. 13.a CC' q before me, DEBRA x- ARMS NOTARY PUBLIC Date Npe Namaaaarmeotmeoacer personally appeared ROBERT COLLINS, ASSISTANT SECRETARY Nwetsl of DEBFii N. ARMS CoffWsslon • 1798874 Alowuy Ahmft • CWOMW Los AnWn Co" Camrr. E AAS 20, 4012 who proved to me on the basis of satisfactory evidence to be the person( whose name(* is( subscribed to the within instrument and acknowledged to me that he/§Y4W executed the same in hi5W&A= authorized capacityW4, and that by hL%*M11signatureA on the instrument the person(g), or the entity upon behalf of which the person(AD acted, executed the instrument_ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hann l•� O.d and official seal. Signature f? " - aj�mj_-� Place NoWy Seal Abwe V9.8 ma of Nola RMC Though the infonnatton below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this firm to another document. Description of Attached Document Title or Type of Document. Document Date: i I- C% -0 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ individual ❑ Corporate Officer— Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing: !iRfGHTTF UPBPRINM' ':':9F 5•G1ER �(: : In- Number of Pages: Signers Name: ❑ Individual ❑ Corporate Officer — Tdle(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: q Gn TT!j11i,7BPElN7? .iOF'S1Gr:EP ®2007 Na8wla19tolary ASSOCiaHan• 9550 Da Sato Ava.P.Q eva 2902•(]1e19war9l, CA 91313- 2a02•wwvcrla5wlalNOlaR'o,9 f�9590] fleoNer.Ca9 TO9F�YeOOei &8827 g.' �. �i:? S:: iS. av ,,:e, >�iivA;.:�•.aYn <;is£�i <.aa <>:.. xv�T?, si :.s "s;C: »:yi4.a¢:3v�,.a.;ih^.. a2Cp... Tt:; Y„-„:G; �eSa ;C:i.��gtGm.;C.a+:.�:5;>v,:S:. Cap State of California County of Orange On 11109/09 before me, A. Wilkison, Notary Public ante Here ncen Name arMTille a" otacer personally appeared William Syrkin Name(s) of igmr(s) Capacity(ies) Claimed by Signers) Signers Name: William Syrkin Signer's Name: Individual ❑ Individual Q Corporate Officer — Title(s): ❑ Corporate Officer — Tide(s): Cl Partner —: 3 Limited ❑ General p Partner — O Limited O General ❑r Attorney in Fact ❑ Attorney in Fact J Trustee Top d (numb here C Trustee Top of thumb here • Guardian or Conservator ❑ Guardian or Conservator • Other: ❑ Other: Signer Is Representing: I I Signer Is Representing: The Guam intm Company of North America USA L-1 0200] Naticnal Notary ASaoriation.0 C} Sp peSpy AVe,P.Qeov 2402•blatsxorm.CA 913134d02•www,NaAmalNalefyorg aeme59e7 RBON¢:; aeIITOIFFreelge0$i&6e2'! who proved to me on the basis of satisfactory evidence to be the persons) whose names) Is/am subscribed to the within instrument and acknowledged to me that he/sheM,ey executed the same in his%XM4& authorized capacity(iee), and that by his/harAheir signatures} on the instrument the person(*, or the entity upon behalf of A. WILKISON which the person(*} acted, executed the instrument. Commission k 1666283 a' o Notary Public • California z z '' I certify under PENALTY OF PERJURY under the laws Orange County Comm. Ex Tres Sa 26.2013 of the State of California that the foregoing paragraph is M true and correct. WITNESS my hand and official seal. Place Notary Seal Atgva Signature / Signature d Notary Pudic OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent remaval and reattachment of live form to another document. Description of Attached Document Title or Type of Document: Performance Bond No. 12063913 Document Date: 11109/2009 Number of Pages: Four (4) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signers Name: William Syrkin Signer's Name: Individual ❑ Individual Q Corporate Officer — Title(s): ❑ Corporate Officer — Tide(s): Cl Partner —: 3 Limited ❑ General p Partner — O Limited O General ❑r Attorney in Fact ❑ Attorney in Fact J Trustee Top d (numb here C Trustee Top of thumb here • Guardian or Conservator ❑ Guardian or Conservator • Other: ❑ Other: Signer Is Representing: I I Signer Is Representing: The Guam intm Company of North America USA L-1 0200] Naticnal Notary ASaoriation.0 C} Sp peSpy AVe,P.Qeov 2402•blatsxorm.CA 913134d02•www,NaAmalNalefyorg aeme59e7 RBON¢:; aeIITOIFFreelge0$i&6e2'! THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having Its principal office in Southfield, Michigan, does hereby constitute and appoint William Syrkin, Matthew C. Welty, Sergio Bechara Millennium Corporate Solutions, Inc. its true and lawful attorney(s )-min -fact to execute, seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, contracts of Indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 310 day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s) -in -fad, and to authorize them to execule on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of Indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-In-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey -in -Fact cannot be modified or revoked unless pdor written personal notice of such Intent has been given to the Commissioner — Deparbnent of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly wiled and held on the 31"day of December 2603, of which the following is a We excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory In the nature thereof, and such signature and seal when so used shall have the some force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this Instrument to be signed and its corporate seal to he affixed by its authorized officer, this 22n° day of July, 2009. a� G THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen Dullard, Vice President Randall Musselman, Secretary County of Oakland On this 22ntl day of July, 2009 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly mom, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said Instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Take) IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary pubik, State of Michigan Company of North America USA offices the day and year above written. County of Oakland is My Commission Acting in O February 27,V2012 /J Acting rn Oakland County /`ti; /J. Abt,LQ/ a. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA. which is still in full force and effect. IN WITQIESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 9th day of November , 2009 ST Randall Musselman, Secretary w Guarantee Co of North Americo USA (a member of Guatarlee Company of Nodh America Group) A.M. Best #:11083 NAIC#:36650 FEIN ft: 382907623 Address 25800 Northwestern Highway, Suite ?20 Southfield, M148075, 8410 UNI-17EDSTATES Q Print this eact Phone: 248281 -0281 M Fax: 248-750-0436 Web: www pine corn N Rating: A. (Excellent) Financial Size Category: Vill ($100 Million to $250 Million) Long-Term:a- Outlook Stable OurtlooK Stable Action: Affirmed Action: Affirmed Effective Date: December 12,200 Date: December12,2008 * Denotes Under Review Ratings. See ratingdefinitrons. Visit our NewsRoom for the latest news and press releases for this cornpany and its A.M. Best Group. Query MID Page 1 of 1 LOG QF.plio QUERY -ARO gEVI'IR MERE s Phone #: Name: Address: MastedD O ,,, Ip�pERIAL PAVING (�r ----- - - - - -- Query returned no results - PLEASE TRY AGAIN ------ - -- - -- ICCardS n MERGE J bttp:// www. citynet .newport- beacb.ca.us /masterid /query.asp 10/22/2009 Check a License or Home Improvement Salesperson (HIS) Registration - Contractors Stat... Pagel of 2 Department of Consumer Affairs ;Ze Contra ctors State Li oard Contractor's License Detail - License # 266510 ® DISCLAIMER: A license status check provides Information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. >> CSLB complaint disclosure is restricted by law (B8,P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and /or legal action information. Per B &P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. ' Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. >> Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: 266510 Extract Date: 10/22/2009 IMPERIAL PAVING COMPANY INCORPORATED Business Information: 10715 BLOOMFIELD AVE SANTA FE SPRINGS, CA 90670 Business Phone Number: (562) 944 -0975 Entity: Corporation Issue Date: 12117!1970 Expire Date: 0 2/2 812 01 1 License Status: . .............. .. This license is current and active. All information below should be reviewed. ... .... .. ....,............_�,.._....... _..... _.........._.... ---.. .. .__...._............ CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR Classifications: C12 EARTHWORK AND PAVING C -8 CONCRETE CONTRACTOR'S BOND This license filed Contractor's Bond number CLB2708578 in the amount of $12,500 with the bonding company PLATTE RIVER INSURANCE COMPANY. Effective Date: 0110112007 Contractors Bonding History BOND OF QUALIFYING INDIVIDUAL Bonding: 1. The Responsible Managing Officer (RMO) JAMES JOSEPH DUNLEAVY certified that he /she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 04/30/2002 _ 2. This license filed Bond of Qualifying Individual number CLB2707271 for FRITZ DOW COY in the amount of $12,500 with the bonding company PLATTE RIVER INSURANCE COMPANY. Effective Date: 01/01/2007 BQI's.Bonding History This license has workers compensation insurance with the SEABRIGHT INSURANCE COMPANY Workers' Compensation: Policy Number: BB1092720 Effective Date: 0710112009 Expire Date: 07/01/2010 https:// www2. eslb. ca. gov/ OnlineServices /CheckLicense /LicenseDetail.asp 10/22/2009 California Business Search .r. Gtii„t.!.! 4..:,,tl' �rzttC': LrEFRA L'C7ti'+TEN DISCLAMER: The information displayed here is current as of OCT 16, 2009 and is updated weekly. It is not a complete -d 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. Page 1 of I http: //kepler .ss.ca.gov /corpdata/ShowAll List ?QueryCorpNumbet= C0606666 &printer —yes 10/22/2009 Corporation IMPERIAL PAVING COMPANY INCORPORATED Number: C0606666 Date Filed: 9/4/1970 Status: active Jurisdiction: California Address 13555 E IMPERIAL HWY WHITTIER, CA 90605 Agent for Service of Process JAMES DUNLEAVY 13555 E IMPERIAL HWY WHITTLER, CA 90605 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. Page 1 of I http: //kepler .ss.ca.gov /corpdata/ShowAll List ?QueryCorpNumbet= C0606666 &printer —yes 10/22/2009 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CORONA DEL MAR STREET REHABILITATION PROJECT — PHASE II CONTRACT NO. 4140 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. 4140 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 Lump Sum Mobilization -7-,,) terry - a. C @ ��vve�s�✓J Dollars and z� Cents $ 2 /000 Per Lump Sum Lump Sum Traffic Control Tom/ rsbe"sFwd, @ Dollars and Cents Per Lump Sum 3. Lump Sum Surveying Services 'S"7et?-/ - r4rvLISAI Per Lump Sum J'3 Dollars and Cents RHO PR2of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 2,800 LF Remove and Construct P.C.C. Type "A" Curb and Gutter Dollars 3� and Cents $ -m—wrt $ 8(e' 800. Per Linear Foot 5. 20 LF Remove and Construct Type "B" P.C.G. Curt? @ snC Dollars and ga Fi`7y Cents $ /, 9 Per Linear Foot 6. 5 EA Remove and Construct Curb Access Ramp, Case H Dollars and yam° Cents $ yoa. ' $ 7,000, Per Each 7. 5 EA Remove and Construct Curb Access Ramp, Case K Dollars and Zcr2o Cents $ 21/00. ' $ /o, 570 Per Each 8. 30 EA Remove and Construct Curb Access Ramp, Modified Case 1 @ 5iX Hu.. erg Dollars and 'Zt`nc) Cents $ &oo • $ B eoo• ' Per Each 9. 13 EA Remove and Construct Curb Access Ramp, Modified Case J before p.✓� T/yo� 5 �c� , @ 5� ,y, Nerd Dollars and 2 � Cents $ /, 700. $ a2, i oo . Per Each PR3of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 10 EA Install Raised Truncated Domes at Existing Curb Access Ramp Dollars and 2ex Cents $ 6DO. $ 4"000. Per Each 11. 15 EA Prune Tree Root @ Dollars and Cents $ elC . $ Cv, �/�4• Per Each 12. 15 EA Install Tree Root Barrier @maGi y -ve Dollars and Z�° Cents $ Z &•SJ $ 3,95 Per Each 13. 2,500 SF Remove and Construct 4 -Inch Thick P.C.C. Sidewalk @ Dollars and Cents $ 7• $ /7 _sze Per Square Foot 14. 2,200 SF Remove and Construct 8 -Inch Thick P.C.C. Cross Gutter @ AFT Dollars and Cents $ /s. $ Per Square Foot PR4of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 15. 800 SF Remove and Construct P.C.C. Residential Driveway Approach @ ezrv&� Dollars and 2e_� Cents Per Square Foot 16. 350 SF Remove and Construct P.C.C. Commercial Driveway Approach Dollars and Z� Cents Per Square Foot 17. 150,000 SF Variable Depth Edge Cold Mill A.C. Pavement @ Z�40 Dollars and Cents Per Square Foot 18. 1,500 SF Variable Depth Edge Cold Mill P.C.C. Pavement @ Twy Dollars and Ti4i."er Cents Per Square 'Foot 19. 32,000 SF 2" Cold Mill Asphalt Pavement @ 2e7gu Dollars and 7-11 Cents Per Squa a Foot 20, 9,000 SF 3" Cold Mill Asphalt Pavement @ 2 Dollars and Sati&m r _74�0 Cents Per Square Foot 2• $ .72 $ 99"0. $ 2/,000. $ 31 •/ sv. PR5of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 21. 7 EA Grind Curb Access Ramp Lip Dollars and 2 Cents $ /*O0 $ 2" Per Each 22. 15,000 SF Remove and Construct 10" Section With 4" AC Over 6" Base Course (Dig outs) @ Tfrz� Dollars and 155've7dT� - Fi vE Cents $ 3 $ Sze, 2 -SD Per Square Foot 23. 4,000 SF Remove and Construct 11" Section With 1 -1/2" Finish AC, Over 3 -112" Base AC, Over 6" Base Course @ Govke Dollars and '/ y FrJv e!z Cents $ $ /7 Per SrPe quare Foot 24. Lump Sum Crack Seal @ ve Qti Dollars and 1z, Cents $ � Per Lump Sum 25. 350 TN Variable Thickness AC Leveling Course @ E76gV - si,! Dollars and ZC Cents $ $ 30,100- — Per Ton 26. 300,000 SF Install Pavement Reinforcing Fabric (Glasgrid) with Leveling Course @ Dollars and Cents $ • 9� $ ZBZ, D°o . Pe r Square Foot PR6of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 27. 2,400 TN 2" Thick Finish Course Asphalt Pavement Overlay Dollars T and l.�o�,• Z� Cents $ S(�� $ b—noz7 c Per Ton 28. 150 TN 2 -114" Thick Finish Course Asphalt Pavement Overlay Dollars and CiF >✓ Cents $ 7Y $ /D, 70:;-- Per Ton 29, 2 EA We- and Speed Humps @ Dollars and 2e7" Cents $ 2, 700. $ .,/00. Per Each 30. 20 EA Adjust Existing Manhole Frame and Cover to Grade Two ,�fi..✓ /�� @ ?GyT�/ Dollars and Zak Cents $ 200• f $ Per Each 31. 42 EA Remove and Replace Water Valve Box and Cover to Grade %e,av Hr.+Ji�ry� @ I-_7C-,1d Dollars and 7c7� Cents $ Per Each 32. 2 EA Remove and Replace Water Meter Box and Cover to Grade @ Dollars and Cents Per Each PR7of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 33. 1 EA Remove and Replace Sewer Clean -out Box and Cover to Grade 'V�40 A @ �I Dollars and Cents $ $ Per Each 34. Lump Sum Restore Survey Monuments and Centerline Ties Dollars and tif/'C) Cents Per Lump Sum 35. Lump Sum Restore Pavement Striping, Markings and Markers SA.�JSi @ Dollars and Z-C>a' Cents Per Lump Sum 36. Lump Sum Provide As -Built Plans @ Ten Thousand Dollars and Zero Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS / -Fnve T�� s.a.Jp and Zc72o Cents �CYo3��z yza Z0001 Date McZ)19144 -ca -7 s (nPa) qH-I -ra, Bidders Telephone and Fax Numbers ZcP u SI o A Bidder's License No(s). and Classification(s) $ 0/ 15Vo $10,00 $ 10.000 $ 9g�! oss Total Price (Roures) Bidder's Address Bidder's email address: h.\userstpbwlsharedlcontractslfy 09- 101cdm street rehab phase 2- rA140hpmposal c4140.dcc PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CORONA DEL MAR STREET REHABILITATION — PHASE 11 SECTION 2 2 -6 2 -9 2 -9.3 2 -9.6 SECTION 3 3 -3 3 -3.2 3 -3.2.3 SECTION 4 4 -1 4 -1.3 4 -1.3.4 SECTION 5 5 -1 5 -2 CONTRACT NO. 4140 INTRODUCTION PART 1--- GENERAL PROVISIONS SCOPE AND CONTROL OF THE WORK WORK TO BE DONE SURVEYING Survey Service Survey Monuments CHANGES IN WORK EXTRA WORK Payment Markup CONTROL OF MATERIALS MATERIALS AND WORKMANSHIP Inspection Requirements Inspection and Testing UTILITIES LOCATION PROTECTION ADJUSTMENTS TO GRADE SALVAGED MATERIALS PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 4 4 4 6-7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 5 6 -7.4 Working Hours 5 6-9 LIQUIDATED DAMAGES 5 6 -11 SEQUENCE OF CONSTRUCTION 6 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 6 7 -7 COOPERATION AND COLLATERAL WORK 6 7 -8 PROJECT SITE MAINTENANCE 7 7 -8.5 Temporary Light, Power and Water 7 7 -8.5.1 Steel Plates 7 7 -8.6 Water Pollution Control 7 7 -8.61 Best Management Practices and Monitoring Program 7 7 -10 PUBLIC CONVENIENCE AND SAFETY 8 7 -10.1 Traffic and Access 8 7 -102 Storage of Equipment and Materials in Public Streets 8 7 -10.3 Street Closures, Detours, Barricades 8 7 -10.4 Public Safety 9 7- 10.4.1 Safety Orders 9 7 -10.5 "No Parking" Signs 9 7 -10.7 Notice to Residents and Temp Parking Permits 10 7 -15 CONTRACTOR LICENSES 10 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 10 SECTION 9 MEASUREMENT AND PAYMENT 11 9 -3 PAYMENT 11 9 -3.1 General 11 9 -3.2 Partial and Final Payment 17 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 17 201 PORTLAND CEMENT CONCRETE 17 201 -1.1.2 Concrete Specified by Class 17 SECTION 214 PAVEMENT MARKERS 17 214-4 NONREFLECTIVE PAVEMENT MARKERS 17 214 -5 REFLECTIVE PAVEMENT MARKERS 17 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 18 300 -1 CLEARING AND GRUBBING 18 300 -1.3 Removal and Disposal of Materials 18 300 -1.3.1 General 18 300 -1.3.2 Requirements 18 300 -1.5 Solid Waste Diversion 18 SECTION 302 ROADWAY SURFACING 19 302 -5 ASPHALT CONCRETE PAVEMENT 19 302 -5.1 General 19 302 -5.4 Tack Coat 19 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 19 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 19 303 -5.1 Requirements 19 303 -5.1.1 General 19 303 -5.5 Finishing 19 303 -5.5.1 General 19 303 -5.5.2 Curb 19 303 -5.5.4 Gutter 20 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 20 308 -1 GENERAL 20 SECTION 310 PAINTING 21 310 -5 PAINTING VARIOUS SURFACES 21 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 21 310 -5.6.7 Layout, Alignment and Spotting 21 310 -5.6.8 Application of Paint 21 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL SECTION 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements f :luserslpbwlsharedlcontractslfy 09- 101odm street rehab phase 2c- 41401specs index c- 4140.doc 22 22 22 22 22 22 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS SP 1 OF 22 CORONA DEL MAR STREET REHABILITION PROJECT — PHASE II CONTRACT NO. 4140 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- 5962 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714- 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of (1) distributing construction notices to affected businesses and residents; (2) construction surveying; (3) removing existing pavement; (4) removing existing traffic stripping, pavement markings, and raised pavement markers; (5) removing existing sidewalk, curb, gutter, cross gutter, driveway approaches and curb access ramps; (6) grinding, installing Glasgrid, overlaying and reconstructing roadway; (7) constructing sidewalks, curb, gutter, cross gutter, driveway approaches, curb access ramps; (8) pruning tree roots; (9) installing new tree root barriers; (10) adjusting and replacing utility and survey facilities; (11) installing new pavement striping, curb painting, and raised pavement markers; and (12) other incidental items to complete work place required by the Plans and Specifications." SP2OF22 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 Coast Surveying and can be contacted at (714) 918 -6266. 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- hours in advance of any work. In addition, the filing of a Corner 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 Corner 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, other than those designated for replacement on the plans, during construction operations. In the event that existing survey monuments, other than those designated for replacement on the plans, 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 Corner 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. SP 3 OF 22 (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4-- CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. 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`d paragraph: "The Contractor shall remove all USA utility markings within five (5) days of the work or phase of work completion." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work; 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 replace and /or adjust to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts, and survey monuments. In particular, all water valve boxes, lids and associated hardware shall be replaced and adjusted to grade with 4TT boxes. The Contractor shall contact and coordinate with Southern California Edison, The Gas Company, AT&T, cable television, and other utility facilities to have their respective SP4OF22 existing utilities adjusted to finish grade. Contract extension will not be granted due to delay in said facility adjustment. 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 City's Utility Yard at 949 West 16th Street, at contractor's cost. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718 -3402. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and the schedules of work and traffic control plan have been approved by the Engineer. Super Trucks shall not be used for the project. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the preconstruction meeting. The construction schedule shall clearly show specific days. 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 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 75 consecutive working days after the date on the Notice to Proceed. All concrete work shall be completed and accepted within the first 30 consecutive working days after the date on the Notice to Proceed. No further work shall be permitted until all concrete work is completed and accepted. Time extension for 100 percent completion of work will not be granted due to delay on concrete work completion and acceptance. SP5OF22 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 1St (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 4in, 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 Monda is a holiday. If January 1St July 4th, November 11th, December 24th, December 25t or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. The Contractor, 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 work until to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays for all streets. 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 $1,000.00." Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the City and Contractor that $1,000.00 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, and continuous sequence so as to SP 6 OF 22 minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 6-11 SEQUENCE OF CONSTRUCTION A. All concrete work items shall be completed and accepted prior to start of the adjacent roadway improvement work. B. Construction shall not take place on two adjacent streets at any one time. Construction shall not occur on more than two streets at any one time at the start of the project. Contractor shall obtain separate permission to start work on each street from the Engineer. If the work is progressing satisfactorily, the Engineer may allow the Contractor to work on additional work sites simultaneously. C. Construction shall take place in the following order 1. 2. 3. 4. 5. 6. 7. 8. Acacia Avenue Begonia Avenue Pacific Avenue Carnation Avenue First Avenue Second Avenue Third Avenue Fourth Avenue SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach Utilities Department. The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718 - 3402." SP 7 OF 22 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. 7 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at htto://www.citv.newPort- beach. ca. us/pu bwo rks /I inks. 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. i. Removing all storm drain inlet protection devices prior any rain event or when protection is no longer needed. j. Providing street cleaning /sweeping where regular scheduled street sweeping activities are suspended. SP8OF22 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 the approved 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 the 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 and the following requirements shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3). Contractor shall arrange with adjacent businesses for their daily deliveries, especially during paving operations. 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 City property or the public right -of -way if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's 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 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 California 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 SP9OF22 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. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe mannerwith a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, Keith Hinckley at (949) 718 -3466 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 Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "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, it 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. SP 10 OF 22 7 -10.7 Notices to Businesses and Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to businesses and residents within 200 feet of the project, describing the project and indicating the limits of construction. The City will provide the Notice to the Contractor for distribution. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the businesses and residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. Any interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" Engineering Contractor's License. At the start of work and until completion of work, the Contractor and all Sub - Contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDSMS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer of Record or City Inspector shall be documented on the "As- Built" drawings. It shall be the contractor's responsibility to arrange for the appropriate changes to be made to the final drawing set, and present both a corrected Mylar hard copy and a compact disc (CD) with each drawing sheet saved as a .PDF as described in the City of Newport Beach Design Criteria Standard Special Provisions & Standard Drawings for Public Works Construction 2004 edition (revised June 23, 2008). The "As- Built" Mylar plans and CD 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 SP 11 OF 22 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 results from a Corona del Mar streets pavement report suggested some areas below the existing thin AC pavement contain wet subgrade. Contractor shall use extreme care not to cause the cold - milled pavement to crack (such as using Super Trucks) and then necessitate their removal. If unscheduled removals expose wet subgrade, the cost of soil drying operations and the associated repairs to bridge the pavement shall be borne by the Contractor. No time extensions or payments shall be made for work delay or extra work caused by the Contractor. Damage done to the existing pavement by the use of Super Trucks, or other heavy machinery, shall be repaired through full depth subgrade excavation and the placement of 12 -inch thick full - depth asphalt concrete sections at the Contractor's cost. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not limited to, 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, but not limited to, delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying businesses and residents. In addition, this item includes traffic control and detour 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 signs, temporary striping, changeable message boards, and flagpersons. 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, but not limited to, providing any and all surveying required to complete the work in place, including restoration of survey monuments and filing the corner records /record of survey with the County of Orange. SP 12 OF 22 Item No. 4 Remove and Construct P.C.C. Type "A" Curb and Gutter: Work under this item shall include, but not limited to, sawcutting, removing and disposing of the existing curb and gutter, compacting subgrade, constructing P.C.C. curb and gutter, constructing curb openings of existing curb drains, AC patchback, re- chiseling of curb face for existing underground utilities, repainting curb where applicable, restoring all existing public and private improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 5 Remove and Construct Type "B" P.C.C. Curb: Work under this item shall include , but not limited to, sawcutting, removing and disposing of the existing curb, compacting subgrade, constructing P.C.C. curb, reconstructing curb openings of existing curb drains, AC patchback, re- chiseling of curb face for existing underground utilities, repainting curb where applicable, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 6 Remove and Construct Curb Access Ramp, Case H: Work under this item shall include, but not limited to, sawcutting, removing and disposing curb access ramps, curb, gutter, sidewalk, subgrade and other material to accommodate the work, compacting subgrade, constructing P.C.C. retaining curb, depressed curb, curb painting, minimum twelve square feet of raised truncated domes, AC patchback, and all other work items as required to "complete the work in place. Raised truncated domes shall meet the requirement per CNB STD - 181 -L, be dark grey colored, and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359 -3121 of Wisconsin. Item No. 7 Remove and Construct Curb Access Ramp, Case K: Work under this item shall include, but not limited to, sawcutting, removing and disposing curb access ramps, curb, gutter, sidewalk, subgrade and other material to accommodate the work, compacting subgrade, constructing P.C.C. retaining curb, depressed curb, curb painting, minimum twelve square feet of raised truncated domes, AC patchback, and all other work items as required to complete the work in place. Raised truncated domes shall meet the requirement per CNB STD - 181 -L, be dark grey colored, and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359 -3121 of Wisconsin. Item No. 8 Remove and Construct Curb Access Ramp, Modified Case I: Work under this item shall include, but not limited to, sawcutting, removing and disposing curb access ramps, curb, gutter, sidewalk, subgrade and other material to accommodate the work, compacting subgrade, constructing P.C.C. retaining curb, depressed curb, curb painting, minimum twelve square feet of raised truncated domes, AC patchback, and all other work items as required to complete the work in place. Raised truncated domes shall meet the requirement per CNB STD - 181 -L, be dark grey colored, and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359- 3121 of Wisconsin. SP 13 OF 22 Item No. 9 Remove and Construct Curb Access Ramp, Modified Case J: Work under this item shall include, but not limited to, sawcutting, removing and disposing curb access ramps, curb, gutter, sidewalk, subgrade and other material to accommodate the work, compacting subgrade, constructing P.C.C. retaining curb, depressed curb, curb painting, minimum twelve square feet of raised truncated domes, AC patchback, and all other work items as required to complete the work in place. Raised truncated domes shall meet the requirement per CNB STD - 181 -L, be dark grey colored, and shall be 'Terra Paving" as manufactured by Wausau Tile, Inc (715) 359- 3121 of Wisconsin. Item No. 10 Remove and Construct Curb Access Ramp, Modified Case K: Work under this item shall include, but not limited to, sawcutting, removing and disposing curb access ramps, curb, gutter, sidewalk, subgrade and other material to accommodate the work, compacting subgrade, constructing P.C.C. retaining curb, depressed curb, curb painting, minimum twelve square feet of raised truncated domes, AC patchback, and all other work items as required to complete the work in place. Raised truncated domes shall meet the requirement per CNB STD - 181 -L, be dark grey colored, and shall be 'Terra Paving" as manufactured by Wausau Tile, Inc (715) 359- 3121 of Wisconsin. Item No. 11 Install Raised Truncated Domes at Existing Access Ramp: Work under this item shall include, but not limited to, sawcutting, removing and disposing of conflicting portions of concrete access ramp, and constructing concrete base, installing minimum twelve square feet of raised truncated domes per CNB STD - 181-L, 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. Item No. 12 Prune Tree Root: Work under this item shall include, but not limited to, root pruning and disposal per Section 308 -1, removal and disposal of excess soil, and all other work required to complete the work in place. All utilities or other improvements damaged by the work, including, but not limited to, street light conduit and wires and private irrigation lines shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 13 Install Tree Root Barrier: Work under this item shall include, but not limited to, providing and installing root barriers per Section 308 -1, removal and disposal of excess soil, and all other work required to complete the work in place. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 14 Remove and Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include, but not limited to, sawcutting, removing and disposing of the existing sidewalk, subgrade compaction, constructing the 4 -inch thick P.C.C. SP 14 OF 22 sidewalk , per CNB STD - 180 -L, making repairs for damage done to private property including, but not limited to, sod, decorative pavement, planters, ornaments, irrigation system and plants of the same type, color and size, and all other work items as required to complete the work in place. Item No. 15 Remove and Construct 8 -Inch Thick P.C.C. Cross Gutter: Work under this item shall include, but not limited to, removing and disposing damaged portion of existing cross gutter and spandrels, subgrade compaction, placing crushed miscellaneous base, base compaction, installing dowels, constructing 8 -inch thick P.C.C. cross gutter per CNB STD - 185 -L, AC patchback, adjusting City utility facilities such as street lighting, sewer, water, etc. boxes and covers to grade, and all other work items as required to complete the work in place. Item No. 16 Remove and Construct P.C.C. Residential Driveway Approach: Work under this item shall include, but not limited to, sawcutting, removing and disposing of existing driveway approach and associated depressed curb and gutter, sidewalk pavement and constructing P.C.C. residential driveway approach per CNB STD -162 -L or STD - 163 -L, depressed curb and gutter, AC patchback, and all other work items as required to complete the work in place per the detail provided on the plans. Item No. 17 Remove and Construct P.C.C. Commercial Driveway Approach, Type I: Work under this item shall include, but not limited to, sawcutting, removing and disposing of existing driveway approach and associated depressed curb and gutter, sidewalk pavement and constructing P.C.C. commercial driveway approach per CND STD - 160 -L, depressed curb and gutter, AC patchback, and all other work items as required to complete the work in place per the detail provided on the plans. Item No. 18 Variable Depth Asphalt Edge Cold Mill: Work under this item shall include, but not limited to, cold milling and disposing the asphalt roadway to a variable depth below existing finished grade as shown on the contract plans and all other work items as required to complete the work in place. Item No. 19 Variable Depth Concrete Edge Cold Mill: Work under this item shall include, but not limited to, cold milling and disposing the concrete roadway to a variable depth below existing finished grade as shown on the contract plans and all other work items as required to complete the work in place. This item may be removed from the contract at the City's discretion and no compensation shall be made for bid items removed. Item No. 20 2 -inch Cold Mill Asphalt Pavement: Work under this item shall include, but not limited to, cold milling and disposing the asphalt roadway to a depth 2- inches below existing finished grade as shown on the contract plans and all other work items as required to complete the work in place. SP 15 OF 22 Item No. 21 3 -inch Cold Mill Asphalt Pavement: Work under this item shall include, but not limited to, cold milling and disposing the asphalt roadway to a depth of 3- inches below existing finished grade as shown on the contract plans and all other work items as required to complete the work in place. Item No. 22 Grind Curb Access Ramp Lip: Work under this item shall include, but not limited to, grinding and disposing concrete curb access ramp lip from the back of the depressed curb to flush against adjacent gutter or roadway, as shown on the contract plans and all other work items as required to complete the work in place. Item No. 23 Remove and Construct 10 "AC Full Depth (Dig outs): This item shall include, but not limited to, sawcutting, removing and disposing existing pavement, base and subgrade; grading and compacting subgrade; compacting and constructing 6- inch thick crushed miscellaneous base; constructing 4 -inch AC base course, tack coating; and all other work items as required completing the work in place. Full depth pavement removals shall proceed as directed by the Engineer. If unauthorized removals expose wet subgrade conditions, the cost of all remedial work to bridge the pavement shall be borne by the Contractor. Item No. 24 Remove and Construct 11" AC Full Depth: This item shall include, but not limited to, sawcutting, removing and disposing existing pavement, base and subgrade; grading and compacting subgrade; compacting and constructing 6 -inch thick crushed miscellaneous base; constructing 3 -1/2 -inch AC base course, and 1-1/2 - inch AC finish course, tack coating; and all other work items as required completing the work in place. Full depth pavement removals shall proceed as directed by the Engineer or as shown on the Plans. If unauthorized removals expose wet subgrade conditions, the cost of all remedial work to bridge the pavement shall be borne by the Contractor. Item No. 25 Crack Seal: Work under this item shall include, but not limited to, routing out the crack, applying a soil sterilizer, crack sealing of the existing asphalt roadway to be resurfaced with a hot - applied crack sealant, applying an asphaltic tack coat to the roadway and all other work items as required to complete the work in place. Item No. 26 Variable Thickness AC Leveling Course: Work under this item shall include, but not limited to, all labor, tools, equipment, and material costs for pavement clearing, tack coating, asphalt concrete leveling course placement, subgrade and leveling course compaction and all other work items as required to complete the work in place. Leveling course shall be placed, as necessary, in areas throughout the project as directed by the Engineer. Item No. 27 Install Pavement Reinforcing Fabric (Glasgrid) with Leveling Course: Work under this item shall include, but not limited to, furnishing and constructing a minimum 314 -inch thick asphalt concrete leveling course, and installing Glasgrid 8502 pavement fabric under the AC finish course in accordance with SP 16 OF 22 the manufacturer's specifications, as directed by the Engineer, and all other work items as required to complete the work in place. The Contractor shall make arrangements, at no cost to the City, for a manufacturers representative to be present during placement of the Glasgrid fabric, to ensure all work is done in accordance with the manufacturers specifications. Item No. 28 2" Thick Finish Course Asphalt Pavement Overlay: Work under this item shall include, but not limited to, constructing 2 -inch thick asphalt pavement overlay over Glasgrid and all other work items as required to complete the work in place. Item No. 29 2 -1/4" Thick Finish Course Asphalt Pavement Overlay: Work under this item shall include, but not limited to, constructing 2 -114 -inch thick asphalt pavement overlay over Glasgrid and all other work items as required to complete the work in place. Item No. 30 Remove and Replace Speed Humps: Work under this item shall include, but not limited to, removing and constructing speed humps per Speed Hump Detail on sheet 23 of contract plans and all other work items as required to complete the work in place. Item No. 31 Adjust Manhole Frame and Cover to Grade: Work under this item shall include, but not limited to, adjusting, lowering, raising, and extending during pavement operations all manhole frames, grade ring, and cover to grade and all other work items as required to complete the work in place. Item No. 32 Remove and Replace Water Valve Box and Cover to Grade: Work under this item shall include, but not limited to, removing and replacing all water valve frames and covers to grade per CNB STD - 511 -L, and all other work items as required to complete the work in place. Item No. 33 Remove and Replace Water Meter Box to Grade: Work under this item shall include, but not limited to, removing and replacing all water meter boxes, frames and covers, to grade per CNB STD -502 -L or STD -503 -L match the AC finish surface and all other work items as required to complete the work in place. Item No. 34 Remove and Replace Sewer Clean Out Box and Cover to Grade: Work under this item shall include, but not limited to, removing and replacing all sewer cleanout frames and covers per applicable portions of CNB STD - 511 -L, covers shall be marked "Sewer ", and all other work items as required to complete the work in place. SP 17 OF 22 Item No. 35 Restore Survey Monument and Centerline Ties: Work under this item shall include, but not limited to, removing and replacing new survey monument frames and covers to grade per CNB STD - 116 -L, protecting survey monuments in frames, restoring all survey monuments and centerline ties disturbed, and all other work items as required to complete the work in place. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Item No. 36 Pavement Striping, Markings and Markers: Work under this item shall include, but not limited to, removing existing and installing new thermoplastic and painted traffic striping, markings, pavement markers, and all other work items as required to complete the work in place. Item No. 37 Provide As -Built Plans: Work under this item shall include, but not limited to, all actions necessary to provide as -built drawings. These plans must be kept up to date and submitted to the engineer for review prior to monthly pay 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." SECTION 214 - -- PAVEMENT MARKERS 214 -4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290. Raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L." SP 18 OF 22 PART 3 CONSTRUCTION METHODS SECTION 300 --- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Disposal of materials 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 shall remove all debris or other deleterious material from the job site at the end of each workday. All trench widths shall be at least 3 -feet wide to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. " 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 "1-1/2 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. SP 19 OF 22 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. The A.C. for base course shall be III -62 -AR -4000. All cracks '/ -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 (e.g., no Super Trucks). Use truck and trailers or transfers. Use of heavier rated tracks must be approved by Engineer. Where applicable, the top 1-1/2 inches of asphalt shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -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 (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 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 and over weekends. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C., brick, and any decorative pavement within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 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 20 OF 22 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 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. The Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. 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 that is approved by the City's Urban Forrester. 2. Arbitrary Root Cut 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 Pruning 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. SP 21 OF 22 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. 4. Root Barrier Snecification a. Install root barrier panels with the length of each root pruning cut at a minimal of 12" below grade for sidewalk and 18" for curbs. b. The product shall be a minimal of 0.085 thickness and material polyethylene plastic with ultra violet inhibitors (e.g., Century Root Barrier Panels, CP- Series, CP12 -2). c. The product shall be installed per manufacture's specifications. 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 overnight." 310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at SP 22 OF 22 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." PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: 'The Contractor shall use crushed miscellaneous base as the base materials." FAUsers\PBWtShared\Contracts\FY 09- 101CDM Street Rehab Phase 2- C41401SPECS C-4140—PHASE 2.docc CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 11/17/09 Dept. /Contact Received From: Shari Rooks Date Completed: 11118(09 Sent to: Shari Rooks By: Michelle Ross Company /Person required to have certificate: Imperial Paving GENERAL LIABILITY A. INSURANCE COMPANY: Travelers Property & Casualty B. AM BEST RATING (A: VII or greater): "A + "(XV) C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No $1,000,000 plus D. LIMITS (Must be $1 M or greater): What is limit provided? $5,000,000 Umbrella E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (Completed Operations status does not apply to Waste Haulers) ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Casualty B. AM BEST RATING (A: VII or greater) "A + "(XV) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): $1,000,000 plus What is limits provided? $5,000,000 Umbrella E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers) :Is it included? ® Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ 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. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: SeaBright Insurance Co. B. AM BEST RATING (A: VII or greater): "A - "(IX) C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes ® No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Ed. 8 2009 ;Yes ❑ No CERTIFICATE OF LIABILITY INSURANCE PRODUCER (949) 486 -7900 FAX: (949) 486 -7950 THIS CERTIFICATE IS ISSUED AS A MAT Patriot Risk and Insurance Services ONLY AND CONFERS NO RIGHTS UPC HOLDER. THIS CERTIFICATE DOES NOT 8105 Irvine Center Dr. , #400 ALTER THE COVERAGE AFFORDED BY T Irvine CA 92618 INSURERS AFFORDING COVERAGE Imperial Paving Company, Inc. 10715 Bloomfield Ave. INSURER A: Travelers Property Ca INSURERS: Travelers Casualty In INSURER C: SeaBright Insurance C IRSURER D: �Santa Fe Springs CA 90670 INSURER E' COVERAGES DAIS (MMDWYYYY) 11/18/2009 OR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE 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 OFSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DO' - POLICY EFFECTIVE POLICY EXPIRATION TYPE IF POLICY NUMBER LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 X COMMERCIAL GENERAL LIABILITY DAMAGET R NTED PREMBEE Ea cunence $ 300,000 A JCIAIMS MADE IX' OCCUR C06525C489TIL09 7/1/2009 7/1/2010 MED EXP (An y one person) $ 10,000 __ PERSONIALS AOV INJURY_ $ 11000,000 GENERAL AGGREGATE $ 2,000,000 GE14L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ 2,000,000 POLK:Y X Pte' LOC AUTOMOBILE LIABILITY COMBINEDSINGLE LA Tr X ANY AUTO (Ea accMax) $ 1,000,000 B ALL OVMED AUTOS 10652SC489TIL09 7/1/2009 17/1/2010 BODILY INJURY $ SCHEDULED AUTOS (Par person) _ HIRED AUTOS BODILY INJURY NON-0WNED AUTOS (Per accidenU $ ._ —.. —.. I PROPERTY DAMAGE S I (Per accident) GARAGE LIABILITY AUTO MY: EA ACCIDENT $ ANY AUTO OTHERTHAN EA ACC $ . —.. AGG $ EXCESS I UMBRELLA LIABRITY EACH OCCURRENCE S 5,000,00 OCCUR CLAIMS MADE AGGREGATE $ �VP652C486TIL09 $ A OEDUCTIBLE 7/1/2009 7/1/2010 _ :8 RETENrION S j S L+ WORKERS COMPENSATION VuG STATU- OTH- AND EMPLOYERS' LIABILITY YIN - I-ER $ 1 000,000 ANY PROPRIETORIPARTNEIVEXECUTIVE E.L. EACH ACCIDENT EAC I OFFICERMEMBER EXCLUDED] �' j - '(MandataryinMR) 81092720 17/1/2009 17/1/2010 E.L. DISEASE —EA EMPLOYE $__ 1 O(0,000 deSCriLg wds, ! 1 SPECIAL PROVISIONS bekw E.L. DISEASE • POLICY LIMIT $ 1 1000,000 OTHER I i DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Contract # C -4140; Corona Del Mar Street Rehab Phase II. The City of Newport Beach, its elected or appointed officers, agents, officials, employees, and volunteers are named as Additional Insured as respects General /Auto Liability per endorsements CGD2480805, CGD3160704, and CA20480299 attached. Primary and Non - Contributory wording applies per endorsements CGD3160704 and CAT3530609 attached. Waiver of all rights of subrogation applies per endorsement CGD3160704 attached. WC Waiver of Subrogation applies per endorsement WC040306 attached. A10 days notice The City of Newport Beach Public Works Department 3300 Newport Blvd. Newport Beach, CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER VALL ENDEAVOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ncr,.wc,vin,i.e Ziminsky /RYAN ©1988 -2009 ACORD CORPORATION Nsozs (2LO9D1) The ACORD name and logo are registered marks of ACORD INS025jZ oil IMPORTANT If the certificate holder 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 This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Imperial Paving Co. Policy Number: C06525C489TIL09 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (CONTRACTORS OPERATIONS) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section 11) is amended to Include any person or organization that you agree in a 'Written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury", and b) If, and only to the extent that, the Injury or damage Is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance ", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall net in- crease the limits of Insurance described in Section III — Limits Of Insurance, c) The Insurance provided to the additional in- sured does not apply to "bodily injury" or ".property damage" caused by 'your work" and included in the "products - completed op- erations hazard ", $. The Insurance provided to the additional insured by this endorsement is exams over any valid and .collectible "other insurance", whether primary, excess, contingent or on any other basis, that Is available to the additional Insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non - contributory basis, this insurance Is primary to "other insurance" available to the additional Insured which covers that person or organization as a named Insured for such loss, and we will not share with that "other insurance ". But the insurance provided to the additional insured by this endorsement still is excess ever any valid and collectible "other ln- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: b) The insurance provided to the additional in- a) sured does not apply to "bodily Injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: L The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing,. approving, or failing to prepare or ap- prove, drawings and specifications; and 1. Supervisory, inspection, architectural or engineering activities. The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a clalm, To the extent possible, such notice should include: 1. How, when and where the "occurrence" or offense took place; it. The names and addresses of any injured persons and witnesses, and UL The nature and location of any injury or damage arising out of the "occurrence" or offense. CG D2 48 08 05 ® 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY b) If a claim is made or "suit Is brought against the additional insured, the additional insured must 1. linmediately record the specifics of the claim or "suit' and the date received; and If. Notify us as soon as practicable. The additional Insured must see to It that we receive written notice of the claim or "suit" as soon as practicable. c) The additional Insured must immediately send us copies of all legal papers received In connection with the claim or "suit", cooperate with us in the Investigation or settlement of the claim or defense against the "suit, and otherwise comply with all policy conditions. d) The additional Insurers must tender the de- fense and indemnity of any claim or "suit to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement However, this condition does not affect whether the insur- ance provided to the additional insured, by this endorsement is primary to "other Insur- ance' available 4o the additional insured . which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring Insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional In- sured on this Coverage Part, provided that the 'bodily injury" and "property damage" oo- curs and the 'personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and a Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG 02 48 08 05 Imperial Paving Co. Policy #: C0652SC489TIL08 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — Provisions A.-H. and J. -N. of this endorsement broaden coverage, and provision I. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured H. Additional Insured — State or Political Subdivisions B. Extension of Coverage — Damage To Premises 1. Other Insurance Condition Rented To You J. Increased Supplementary Payments • Perils of fire, explosion, lightning, smoke, water • Cost of bail bonds increased to $2,500 • Limit increased to $3001000 • Loss of earnings increased to $500 per day C. Blanket Waiver of Subrogation K. Knowledge and Notice of Occurrence or Offense D. Blanket Additional Insured — Managers or Lessors L. Unintentional Omission of Premises E. Incidental Medical Malpractice M. Personal injury — Assumed by Contract F. Extension of Coverage — Bodily Injury N. Blanket Additional Insured — Lessor of Leased Equipment G. Contractual Liability— Railroads PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declara- tions is as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership, joint venture or lim- ited liability company, of which you maintain ownership or in which you maintain the major- ity interest on the effective date of the policy, However, coverage for any such additional organization will cease as of the date, if any, during the policy period, that you no longer maintain ownership of, or the majority interest in, such organization. 2. WHO IS AN INSURED (Section II) Item 4.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. 3. This Provision A. does not apply to any per- son or organization for which coverage is ex- cluded by endorsement. B. EXTENSION OF COVERAGE — DAMAGE TO PREMISES RENTED TO YOU 1. The last paragraph of COVERAGE A. BOD- ILY INJURY AND PROPERTY DAMAGE Lk ABILITY (Section I — Coverages) is deleted and replaced by the following: Exclusions c. through n, do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in Section III Limits Of Insurance. CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 6 COMMERCIAL GENERAL LIABILITY 2. This insurance does not apply to damage to S. This Provision B. does not apply if coverage premises while rented to you, or temporarily for Damage To Premises Rented To You of occupied by you with permission of the COVERAGE A. BODILY INJURY AND owner, caused by: PROPERTY DAMAGE LIABILITY (Section I — a. Rupture, bursting, or operation of pres- Coverages) is excluded by endorsement. sure relief devices; C. BLANKET WAIVER OF SUBROGATION b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under COVERAGE A. for the sum of all damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence ", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or light- ning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Paragraph a. of the definition of "insured con- tract" (DEFINITIONS — Section V) is deleted and replaced by the following: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water, is not an "insured contract "; We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work "; or "your products ". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising Injury" offense is committed. D. BLANKET ADDITIONAL INSURED — MANAG- ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization (referred to below as "additional insured ") with whom you have agreed in a written contract, exe- cuted before the "bodily injury" or "property dam- age" occurs or the "personal injury" or "advertis- ing injury" offense is committed, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises ]eased to you, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the writ- ten contract, or the limits shown on the Decla- rations, whichever are less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "bodily injury' or "property damage" that occurs, or "personal injury" or "adver- tising injury" caused by an offense which is committed, after you cease to be a ten- ant in that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible Page 2 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D316 07 04 "other insurance" available to such additional insured, unless you have agreed in the writ- ten contract that this insurance must be pd- mary to, or non - contributory with, such "other insurance ". E. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to paragraph 1. Insur- ing Agreement of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I — Coverages): "Bodily injury" arising out of the rendering of or failure to render, the following will be deemed to be caused by an "occurrence ": a. Medical, surgical, dental, laboratory, x -ray or nursing service, advice or instruction, or the related furnishing of food or bever- ages; b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; c. First aid; or d. "Good Samaritan services." As used in this Provision E., "Good Samaritan ser- vices" are those medical services ren- dered or provided in an emergency and for which no remuneration is demanded or received. 2. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section II) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in paragraph 1. above and while acting within the scope of their em- ployment by you. Any "employees" rendering "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. 3. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I — Coverages): (This insurance does not apply to:) "Bodily in- jury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals com- mitted by or with the knowledge or consent of the insured. 4. For the purposes of determining the applica- ble limits of insurance, any act or omission COMMERCIAL GENERAL LIABILITY together with all related acts or omissions in the furnishing of the services described in paragraph 1. above to any one person will be deemed one "occurrence". 5. This Provision E. does not apply if you are in the business or occupation of providing any of the services described in paragraph 1. above. 6. The insurance provided by this Provision E. shall be excess over any valid and collectible "other insurance" available to the insured, whether primary, excess, contingent or on any other basis, except for insurance that you bought specifically to apply in excess of the Limits of Insurance shown on the Declara- tions of this Coverage Part. F. EXTENSION OF COVERAGE — BODILY IN- JURY The definition of "bodily injury" (DEFINITIONS — Section V) is deleted and replaced by the follow- ing: "Bodily injury" means bodily injury, mental an- gulsh, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- son, including death resulting from any of these at any time. G. CONTRACTUAL LIABILITY— RAILROADS 1. Paragraph c. of the definition of "insured con- tract" (DEFINITIONS — Section V) is deleted and replaced by the following: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" (DEFINITIONS — Section V) is de- leted. H. ADDITIONAL INSURED — STATE OR POLITI- CAL SUBDIVISIONS — PERMITS WHO IS AN INSURED (Section 11) is amended to include as an insured any state or political subdi- vision, subject to the following provisions: 1. This insurance applies only when required to be provided by you by an ordinance, law or building code and only with respect to opera- tions performed by you or on your behalf for which the state or political subdivision has is- sued a permit. 2. This insurance does not apply to: a. "Bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for the state or political subdivision; or CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 3 of 6 COMMERCIAL GENERAL LIABILITY b. "Bodily injury" or "property damage" In- cluded in the "products - completed opera- tions hazard ". 1. OTHER INSURANCE CONDITION A. COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV), paragraph 4. (Other Insurance) is deleted and replaced by the fol- lowing; 4. Other Insurance If valid and collectible "other insurance" is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations ere limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insur- ance is primary, our obligations are not affected unless any of the "other insurance" Is also primary. Then, we will share with all that "other insur- ance" by the method described in c. below. b. Excess Insurance This insurance is excess over any of the "other insurance ", whether pri- mary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for "your work'; (2) That is Fire insurance for prem- ises rented to you or temporarily occupied by you with permission of the owner; (3) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or tempo- rarily occupied by you with per- mission of the owner: or (4) If the loss arises out of the main- tenance or use of aircraft, "autos ", or watercraft to the ex- tent not subject to Exclusion g, of Section I — Coverage A — Bodily Injury And Property Damage Li- ability; or insured under any other policy, including any umbrella or excess policy. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any provider of "other in- surance" has a duty to defend the in- sured against that "suit". If no pro- vider of "other insurance" defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of "other insurance ". When this insurance is excess over "other insurance ", we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such "other insurance" would pay for the loss in the absence of this in- surance; and (2) The total of all deductible and self - insured amounts under that "other insurance ". We will share the remaining loss, if any, with any "other insurance" that is not described in this Excess Insur- ance provision. c. Method Of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, which- ever comes first. If any of the "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insur- ance to the total applicable limits of insurance of all providers of insur- ance. B. The following definition is added to DEFINITIONS (Section V): "Other insurance ": (5) That is available to the insured a. Means insurance, or the funding of losses, when the insured is an additional that is provided by, through or on behalf of: Page 4 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D316 07 04 (1) Another insurance company; (2) Us or any of our affiliated insurance com- panies, except when the Non cumulation of Each Occurrence Limit section of Paragraph 5 of LIMITS OF INSURANCE (Section III) or the Non cumulation of Per- sonal and Advertising Injury limit sections of Paragraph 4 of LIMITS OF INSUR- ANCE (Section ill) applies; (3) Any risk retention group; (4) Any self - insurance method or program, other than any funded by you and over which this Coverage Part applies; or (5) Any similar risk transfer or risk manage- ment method. b. Does not include umbrella insurance, or ex- cess insurance, that you bought specifically to apply in excess of the Limits of Insurance shown on the Declarations of this Coverage Part. J. INCREASED SUPPLEMENTARY PAYMENTS Paragraphs 1.6. and i.d, of SUPPLEMENTARY PAYMENTS — COVERAGES A AND 8 (Section 1 — Coverages) are amended as follows: 1. In paragraph 1.1b., the amount we will pay for the cost of bail bonds is increased to $2500. 2. In paragraph 1.d., the amount we will pay for loss of earnings is increased to $500 a day. K. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE 1. The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties In The Event of Oc- currence, Offense, Claim or Suit): Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the .occurrence' or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an in- surance, loss control or risk manager or ad- ministrator) designated by you to give such notice. Knowledge by any other "employee" of an "occurrence" or offense does not imply that YOU also have such knowledge. COMMERCIAL GENERAL LIABILITY 2. Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' compensation insurer. This ap- plies only 0 you subsequently give notice of the "occurrence" or offense to us as soon as practicable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice discovers that the "occur- rence" or offense may involve this policy. 3. This Provision K. does not apply as respects the specific number of days within which you are required to notify us in writing of the abrupt commencement of a discharge, re- lease or escape of "pollutants" that causes "bodily Injury" or "property damage" which may otherwise be covered under this policy. L. UNINTENTIONAL OMISSION The following is added to COMMERCIAL GEN- ERAL LIABILITY CONDITIONS (Section IV), paragraph 6. (Representations): The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy shall not prejudice your rights under this insurance. How- ever, this Provision L. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws, codes or regula- tions. M. PERSONAL INJURY — ASSUMED BY CON- TRACT 1. The following is added to Exclusion e. (1) of Paragraph 2., Exclusions of Coverage B. Personal Injury, Advertising Injury, and Web Site Injury Liability of the Web XTEND Liability endorsement: Solely for the purposes of liability assumed in an "insured contract ", reasonable attorney fees and necessary litigation expenses in- curred by or for a party other than an insured are deemed to be damages because of "per- sonal injury" provided: (a) Liability to such party for, or for the cost of, that party's defense has also been as- CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 5 of 6 COMMERCIAL GENERAL LIABILITY sumed in the same "insured contract "; and (b) Such attorney fees and litigation ex- penses are for defense of that party against a civil or alternative dispute reso- lution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d. of SUPPLEMENTARY PAY- MENTS — COVERAGES A AND B (Section 1 — Coverages) is deleted and replaced by the following: d. The allegations in the "suit" and the in- formation we know about the "occur- rence" or offense are such that no conflict appears to exist between the interests of the insured and the interests of the in- demnitee; 3. The third sentence of Paragraph 2 of SUP. PLEMENTARY PAYMENTS — COVERAGES A AND B (Section I — Coverages) is deleted and replaced by the following: Notwithstanding the provisions of Paragraph 2.b.(2) of Section 1— Coverage A — Bodily in- jury And Property Damage Liability, or the provisions of Paragraph 2.0.(1) of Section I — Coverage B — Personal Injury, Advertising In- jury And Web Site Injury Liability, such pay- ments will not be deemed to be damages for "bodily injury" and "property damage ", or damages for "personal injury", and will not re- duce the limits of insurance. 4. This provision M. does not apply if coverage for "personal injury' liability is excluded by endorsement N. BLANKET ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED (Section 11) is amended to include as an Insured any person or organization (referred to below as "additional insured ") with whom you have agreed in a written contract, exe- cuted before the "bodily injury" or "property dam- age" occurs or the "personal injury" or "advertl ing injury" offense is committed, to name as an additional insured, but only with respect to their li- ability for "bodily injury", "property damage ", "per- sonal injury" or "advertising injury" caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such additional insured, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the writ- ten contract, or the limits shown on the Decla- rations, whichever are less. 2. The insurance afforded to the additional in- sured does not apply to any "bodily injury" or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an of- fense which is committed, after the equipment lease expires. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible "other insurance" available to such additional insured, unless you have agreed in the writ- ten contract that this insurance must be pri- mary to, or non - contributory with, such "other insurance ". Page 6 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 D4 Imperial Paving Co. POLICY WKBEB: CAP93221342609 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAb IT CAREFULLY. DESIGNATED INSURED This endorsement modHies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of (he Coverage Form apply unless modified by this endorsement This endorsement Identities persons) or organizations) who are 'Insureds" under the VrAto is An Insured Provision of the Coverage Form. This endorsement does not after coverage provided In the Coverage Form SCHEDULE Name of Person(s) or Oroanizationfsi: The City of Newport Beach, its elected or appointed officers, agents, officials, employees, and volunteers (If no entry appears above, Infonnatlon required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each parson or organization shown in the Schedule Is an "insured" for liability Coverage, but only to the extent that person or organization qualifies as an 'Insured" under the Who Is An Insured Provision contained in Section It of the Coverage Form. CA 20 48 D2 09 'Prlvacv Rasa! Wit= 0201!7 Th_e_ ll��,jelem Coi4 nim Inc. POLICY NUMBER: 8106525C489TIL09 CA T3 53 06 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COVERAGE: Any organization you newly acquire or form during the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSINESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COVERAGE: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cast of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. F. HIRED AUTO —LIMITED WORLDWIDE COVERAGE —INDEMNITY BASIS The following replaces Subparagraph e. in Paragraph B.7., Policy Term, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDITIONS: e. Anywhere in the world, except any country or jurisdiction while any trade sanction, embargo, or similar regulation imposed by the United States of America applies to and prohibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees ", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (1) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (a) You must arrange to defend the "insured" against, and investigate or settle any such claim or "suit" and keep us advised of all proceedings and actions. (b) Neither you nor any other involved "insured" will make any settlement without our consent. (c) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit ". (d) We will reimburse the "insured ": (i) For sums that the "insured" legally must pay as damages because of 'bodily injury" or "property damage" to which this insurance applies, that the "insured" pays with our consent, but only up to the limit described in Paragraph C., Limit Of Insurance, of SECTION II — LIABILITY COVERAGE; (ii) For the reasonable expenses incurred with our consent for your investigation of such claims and your defense of the "insured" against any such "suit', but only up to and included within the limit described in Paragraph C., Limit Of Insurance, of SECTION 11 — LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (2) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess contingent or on any other basis. (3) This insurance is not a substitute for required or compulsory insurance in any country outside the United States, its territories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such country up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory insurance requirements. (4) It is understood that we are not an admitted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Canada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deductible, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto' will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Paragraph AA.b., Loss Of Use Expenses, of SECTION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident'. I. PHYSICAL DAMAGE— TRANSPORTATION EXPENSES — INCREASEDLIMIT The following replaces the first sentence in Paragraph AA.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVERAGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. J. PERSONAL EFFECTS The following is added to Paragraph AA., Coverage Extensions, of SECTION 111 — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing apparel and other personal effects which are: (1) Owned by an "insured "; and (2) In or on your covered "auto ". This coverage applies only in the event of a total theft of your covered "auto ". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclusions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that inflate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.t.c., but only: a. If that "auto" is a covered "auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss ". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representative prompt notice of the "accident" or "loss" applies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability company); (d) An executive officer, director or insurance manager (if you are a corporation or other organization); or (e) Any "employee" authorized by you to give notice of the "accident" or "loss ". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDITIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident" or "loss ", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Concealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. CA T3 53 06 09 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4 -84) 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 * % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description WHERE YOU ARE REQUIRED BY WRITTEN CONTRACT TO OBTAIN THIS AGREEMENT FROM US, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. *The premium charge for this endorsement shall be 2% of the premium developed in the State of California, but not less than $500 policy minimum premium. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 07/01109 Policy No. BB1092720 Endorsement No. Insured Imperial Paving Co Inc Policy Effective Date 07/01/09 Insurance Company SeaBright Insurance Company Countersigned By� WC 04 03 06 (Ed. 4-84) 011498 by the workers' Compensation Insurance Rating Bureau or California. All rights reserved. • 0 • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT • • NOV 10 2009 Agenda Item No. 8 November 10, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Peter Tauscher /Junior Engineer 949 - 644 -3316 or pauscher@newportbeachca.gov SUBJECT: CORONA DEL MAR STREET REHABILITATION PROJECT— PHASE 2 — AWARD OF CONTRACT NO. 4140 Recommendations: 1. Approve the project plans and specifications. 2. Award Contract No. 4140 to Imperial Paving Company, Inc. for the Total Bid Price of $964,055.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish a construction contingency amount of $97,000.00, approximately 10 Percent, to cover the cost of unforeseen work. 4. Approve Budget Amendment No. 10BA -_ appropriating $1,252,014 from the unappropriated Proposition IB fund balance to Account 7185- C2002037 (Local Streets and Roads Program.) Discussion: At 10:00 a.m. on October 22, 2009, the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT *$964,055.00 * *$1,009,650.00 $1,011,011.00 $1,106,660.00 ** *$1,272,780.00 $1,348,825.00 * As -bid amount is $954,055.00 ** As -bid amount is $1,013,250.00 * ** As -bid amount is $1,342,575.00 BIDDER Low Imperial Paving Company, Inc. 2 Elite Bobcat Service, Inc. 3 All American Asphalt 4 Sequel Contractors, Inc 5 R.J. Noble Company 6 Autobahn Construction, Inc. TOTAL BID AMOUNT *$964,055.00 * *$1,009,650.00 $1,011,011.00 $1,106,660.00 ** *$1,272,780.00 $1,348,825.00 * As -bid amount is $954,055.00 ** As -bid amount is $1,013,250.00 * ** As -bid amount is $1,342,575.00 Comma Del Mar Street Rehabilitation Project— Ph2 —Award of Contract No. 4140 November 10, 2009 Page 2 The-total W iamount is approximately 26 percent below the Engineer's Estimate of • $1,305,000:00: The difference between the estimate and low bid price may reflect the current economic volatility. The low bidder, Imperial Paving Company, Inc., possesses a California State Contractors License Classification "A" as required by the project specifications. A check of Imperial Paving Company's references indicates they have satisfactorily completed similar projects for other municipalities such as Palmdale, Alhambra, and Whittier. The project lies within residential streets bounded by Carnation Avenue and Acacia Avenue, East Coast Highway and Bayside Drive. The project includes: • Cold milling of existing asphalt pavement, • Overlaying the existing pavement sections with asphalt concrete and Glasgrid reinforcing fabric; • Removal and reconstruction of street sections, curb and gutter, sidewalk, driveway approaches, cross gutters, and curb access ramps; • Adjusting manholes, water valves, and other structures to grade; and • Replacing pavement striping, markings, and markers. Pursuant to the Contract Specifications, the Contractor will have 75 consecutive working days to complete the work. Environmental Review: • The project is Categorically 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 residents and businesses within the project vicinity. 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. Material Testing, and Survey Services: In addition to the contract costs, approximately $25,000.00 in supplemental funds for geotechnical, material testing services, and printing will be needed for this project and will be performed under the on -call professional services agreement with Harrington Geotechnical Engineering. r� U • • Corona Del Mar Street Rehabilitation Project — Phase 2 — Award of Contract No. 4140 November 10, 2009 Page 3 • Funding Availability: Funding for this project is from State Proposition 1B Local Streets and Roads program which was received and recorded in FY 2008 -09 but not yet appropriated. Upon approval of the budget amendment, sufficient funds are available in the following account for the project: Account Description Prop 1B (Local Streets and Roads) Proposed uses are as follows: Vendor Imperial Paving Company, Inc. Imperial Paving Company, Inc. Harrington Geotechnical Various • Prepared by: Peter Tauscher Junior Civil Engineer Attachments: Project Location Map LJ Account Number Amount 7185- C2002037 $ 1,086,055.00 Total: $ 1,086,055.00 Purpose Construction Contract Construction Contingency Materials Testing Printing and Incidentals Total: Submitted by: Amount $ 964,055.00 $ 97,000.00 $ 20,000.00 $ 5,000.00 $ 1,086,055.00 Badum s Director ia LOCATION PHASE 2 CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 2 QC ®moo • LOCATI rFLL MAP • NOT lqj 0 • Cif of Newport Beach . NO. BA- 10BA -018 BUDGET AMENDMENT 2009 -10 AMOUNT: E1,z5z,ola.00 CT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations from the Proposition 1 B Fund unappropriated fund balance to the Corona del Mar Street Rehabilitbation Project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 185 3605 REVENUE ESTIMATES (360 1) . Fund/Division Accoun EXPENDITURE APPROPRIATIONS (3603) Division Account Division Account Division Account Division Account Signed: Signed: Amount Description Debit Credit Prop 1 B Fund - Fund Balance $1,252,014.00 " Description Approval: Approval: City Services Director $1,252,014.00 Date I I -2 -Oi Date Sig City Council Approval: City Clerk Date Description Number 7185 Prop 1 B Fund Number C2002037 CdM Street Rehabilitation Project Number Number Number Number Number Number Approval: Approval: City Services Director $1,252,014.00 Date I I -2 -Oi Date Sig City Council Approval: City Clerk Date