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HomeMy WebLinkAboutC-4385 - Lido Isle Pavement Rehabilitation - Phase IIaEW PART o� CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leiani I. Brown, MMC January 5, 2011 Mr. Robert Bradley All American Asphalt P.O. Box 2229 Corona, CA 92878 Subject: Lido Isle Pavement Rehabilitation - Phase Il (C -4385) Dear Mr. Bradley: On November 23, 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 December 1, 2010, Reference No. 2010000644490. The Surety for the contract is the Fidelity and Deposit Company of Maryland and the bond number is 7615401. Enclosed is the Labor & Materials Payment Bond. Sincere k, n r 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT CONTRACT NO. 4139 BOND No. 70953123 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to GMF Sound, Inc., hereinafter designated as the "Principal," a contract for construction of NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT, CONTRACT NO. 4139 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. 4139 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, Western Surety Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of One Hundred Nineteen Thousand, Seven Hundred Ninety-Three and 001100 Dollars ($119,793.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 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 been duly executed by the above named Principal and Surety, on the 24 day of June —12010. GMF Sound, Inc. (Principal) Western Surety Company Name of Surety PO Box 5077 Sioux Falls, SD 57117 -5077 Address of Surety 800 - 331 -6053 Telephone uavia to narris, Attorney in Fact Print Name and Title Ahune, CFO NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On June 24, 2010 before me, S. Nicole Evans, Notary Public personally appeared S. NICOLE EVANS Commission # 1826273 a _:,e Notary Public - California Z '.. San Francisco County z - My Comm- Expires Oec,11, 2012 Place Notary Seal Above David G who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is{ subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(j, and that by his i signature(io on the instrument the person(o, 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 and9ficial seal. Signature Public Western Surety Cori _,zany POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Kimberley Roman, David G Harris, Jennifer E Dirking, Stephanie Worden, Individually of Walnut Creek, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as filly and to the same extent as if such instmnhents Were signed by a duly authorized officer of the corporation and all the acts of said Anton ncy, pursuant to the authority hereby given, are hereby ratified acrd confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be simied by its Senior Vice President and its corporate seal to be hereto affixed on this 5th day of May, 2009. WESTERN SURETY COMPANY %popPOgq�� ♦f .. CA ���rN DPyo�io � Paul 4rBruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 5th day of May, 2009, before me personally came Paul T. Profit, to me known, who, being by me duly swum. did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that lie is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal: that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that Ire signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation My commission expires ♦11 ... %... ......,.,yyyyyyy } $ D. KRELL November 30, 2012 s —` NOTARY PUBLIC SEAL s s SOUTH DAKOTA s It tyyyyyyyyyyyyyyymyyyyyyy X& "V — D. Krell, Notary Public CERTIFICATE L L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney heremabove set forth is still in force. and further certify that the By -Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed my name and affixed the seal ol'the said corporation this 24th day of JUne _ 2010 WESTERN SURETY COMPANY =HFopPOgSJP n "s ' c fasf A-,p h mm� L. Nelson, Assistant Secretary Form F4280 -09 -06 I Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretory, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal maybe printed by facsimile. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 7/6/2010 before me, Cindy Masidonio, Notary Public Date Here Insert Name and Title of the Officer personally appeared Annette Bethune xxxxxxxxxxxxxxxxxxxxxxxxxx Names) of Signer(s) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx , who proved to me on the basis of satisfactory evidence to be the person(%) whose nantl 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 4;ris /her /I4;K* signatureN on the instrument the person(s), or the entity upon behalf of which the personN) acted, executed the instrument. CINDY r 5369 1 certify under PENALTY OF PERJURY under the laws .. Notary Public - California of the State of California that the foregoing paragraph is Orange Counryt true and correct. Comm. wte,mn WITNESS my hand and official seal. Signature �Aa�to7l w Place Notary Seal Above V. Signa re 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: Labor and Material Payment Bond Document Date: 6/24/10 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer— Title(s): ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General _ ❑Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 2007 National Notary Association•935o be Soto Ave., P.O. Box 2402•Chaemorth, CA 91313- 2402 -w NabonalNotaryor9 Item #5987 Reorder:CaIIHdl- Free1E88-076 -6827 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC November 24, 2010 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: • Newport Coast Community Center Audiovisual Equipment — (C -4139) • Lido Isle Pavement Rehabilitation — Phase II — (C -4385) Please record the enclosed documents and return them to the City Clerk's office. Thank you. Sincerely, 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 CITY OF NEWPORT BEACH I -NOW' 2 3 20 10 CITY COUNCIL STAFF REPORT Agenda Item Igo "' r uu November 23, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega, Senior Civil Engineer 949 -644 -3347 or parciniega @newportbeachca.gov SUBJECT: LIDO ISLE PAVEMENT REHABILITATION PHASE II — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4385 ISSUE Staff is requesting approval to accept the Lido Isle Pavement Rehabilitation Phase II — Contract No. 4385, as complete. 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. Summary of Completed Construction Contract tal Contract Final Cost at Benchmark Actual Contract Time Amount Completion Target Contract Time Under ( -) F$572,572.00 (days) or Over ( +) $562,892.80 Contract -1.7% 60 -24 Plus 10% DISCUSSION On August 18, 2010, City Council authorized the award of the Lido Isle Pavement Rehabilitation Project to All American Asphalt Company. The contract provided for the grinding and removal of the existing top layer of asphalt concrete and repaving the area with a new cap of asphalt concrete. In addition brokenldeteriorated sections of curb and r Lido Isle Pavement Rehabilitation Phase II- Completion and Acceptance of Contract No. 4385 November 23, 2010 Page 2 r� l- tt9ti�Gtei sidewalk, cross gutters and curb access ramps were replaced. There were h J j �t�e ,eral Lareas where root pruning was required to prolong the life of the new Improvements and to reduce future costs for maintenance and repair. The project did not encounter any delays due to rain or other foreseen circumstances and was able to complete the job 24 days ahead of schedule. 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: $572,572.00 Actual cost of bid items constructed: $562,892.80 Total change orders: $0.00 Final contract cost: $562,892.80 The final overall construction cost was approximately 3.9% percent below the original bid amount. A summary of the project schedule is as follows: Estimated completion date per 2010 Baseline Schedule: December 3, 2010 Project Award for construction: May 11, 2010 Contract Completion Date per NTP & Approved Extensions: November 15, 2010 Actual Construction Completion Date: October 12, 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 Lido Isle residents 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. -ido Isle Pavement Rehabilitation Phase II- Completic... _ nd Acceptance of Contract No. 4385 November 23, 2010 Page 3 FUNDING AVAILABILITY In addition to the original construction contract, this project involved other project expenses, as summarized below: Construction $562,892.80 Design $48,080.81 Survey $49,815.00 Incidentals $1,044.47 Total Project Cost $661,833.08 Funds for the construction project were expended from the following account: Account Description Traffic Congestion. Water Fund Sewer Fund Prepared by: Patrick Arciniega Senior Civil Engineer Attachment: Location Map Account Number 7191- C2002032 7503- C2002032 7531- C2002032 Total: Submitted by: Amount $ 519,892.80 $4,500.00 $38,500.00 $562,892.80 .n G. Badum Works Director u 0 /Dp ":. -- A�7 =P P o = v J tl�O VO O`er �_ Ate. Jam, P v �v ti Q MM PROJECT LOCATIONS LIDO ISLE STREET REHABILITATION PHASE II 0 A I- Z OxFo; ' Q .ate OP PCP ZP Q j h0 O F' P� C L: SpOD PROJECT LOCATION CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DATE SCALE SHT 04/21/101 N. T.S 1 OF 7 DRAWN PA _ C-4385 �_ ti. <�u i ��`: hire �, �' •`° ` Y r OFFICE OF THE CITY CLERK Leilani I. Brown, MMC January 5, 2011 Mr. Robert Bradley All American Asphalt P.O. Box 2229 Corona, CA 92878 Subject: Lido Isle Pavement Rehabilitation - Phase II (C4385) Dear Mr. Bradley: On November 23, 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 December 1, 2010, Reference No. 2010000644490. The Surety for the contract is the Fidelity and Deposit Company of Maryland and the bond number is 7615401. Enclosed is the Labor & Materials Payment Bond. Sincere , 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 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 ! II El - ill i'; lil_1 (GG 0.00 Exempt from recording fees pursuant to Government Code Section 27383" NO TICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and All American Asphalt. of Corona, California, as Contractor, entered into a Contract on May 11. 2010. Said Contract set forth certain improvements, as follows: Lido Isle Pavement Rehabilitation — Phase II — (C -4385) Work on said Contract was completed, and was found to be acceptable on November 9. 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of America. 0 M N = W > u is orks Director Lu ifr ity Newport Beach w ow, o �c VERIFICATION _o I cAi ify, undue penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 1 '�Je' i 1 �� �i at Newport Beach, California. A0 `P1(` OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC November 24, 2010 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: Newport Coast Community Center Audiovisual Equipment — (C -4139) ® Lido Isle Pavement Rehabilitation — Phase II — (C -4385) Please record the enclosed documents and return them to the City Clerk's office. Thank you. Sincerely, j rY Leilani I. Brown,lVMMC L�� 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 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and All American Asphalt, of Corona, California, as Contractor, entered into a Contract on May 11, 2010. Said Contract set forth certain improvements, as follows: Lido Isle Pavement Rehabilitation — Phase II — (C -4385) Work on said Contract was completed, and was found to be acceptable on November 9. 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of America. Director rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on I " 114�U� �� at Newport Beach, California. M ti 1 ' i �•+ S. 113�,' OFFICE OF THE CITY CLERK Leilani I. Brown, MMC November 23, 2011 Mr. Robert Bradley All American Asphalt P.O. Box 2229 Corona, CA 92878 Subject: Lido Isle Pavement Rehabilitation Phase II (C -4385) Dear Mr. Bradley: On November 22, 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 December 1, 2010. Reference No. 2010000644490. The Surety for the contract is the Fidelity and Deposit Company of Maryland and the bond number is 7615401. Enclosed is the Faithful Performance Bond. Sincerely, 9k�' �A 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVEMENT REHABILITATION - PHASE II CONTRACT NO. 4385 BOND NO. 7615401 Executed in Four (4) Parts FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,433.00 being at the rate of $ 4mi Premium thousand of the Contract price. m subject to adjustment upon completion WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to All American Asphalt, hereinafter designated as the "Principal ", a contract for construction of LIDO ISLE PAVEMENT REHABILITATION - PHASE 11, Contract No. 4385 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. 4385 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Fidelity and Deposit Company of Maryland duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Seventy -Two Thousand, Five Hundred Seventy -Two and 001100 Dollars ($572,572.00) lawful money of the United States of America, said sum being equal to 100 % of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or 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. 28 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 has been duly executed by the Principal and Surety above named, on the 13th day of May 2010. V P All American Asphalt (P incipal) Fidelity and Deposit Company of Maryland Name of Surety 801 No. Brand Blvd, Glendale, CA. 91203 Address of Surety .Surety: 818-409-2800 Agent: 949-679-7116 Telephone 'Authorized Signature/Title C `;� • I !:�� ��.� �£. LTV \R��a: �.� — - Rebecca Haas - Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS of CONTRAICT OR AND SURE I'T' MUST BE ATTACHED 29 ACKNOWLEDGMENT ..p g p p q q q o v q e q..a."Aggpqq g p q q q Y q q q q p e q q Y q q q q q q q q Y m q q q q q e q p p q q q qq qq Bqp qpp •ggP�q, State of California County of ss. On before me, Public, personally appeared 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 capecity(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. See Attached Surety Acknowledgment Signature (seal) gggq qqq PYgggq gYtl gggtl Yggq YYBYtlggtl u Y g q q q q q p q p p q..Yggbq b e q a.. g q q p Yq,gggq qq sq„gYggpl 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 Identification Paper Identification Credible Witness(es) 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 or fingerpdnt is available. ACKNOWLEDGMENT tltl ............... g. N.. ............................... ................ q.Btl I R. tl, State of Califo�nl y��f�f County of tt�� } sS_ On k lt� ZO /O before me, A- L-4 Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person hose name( is /ark -- subscribed to the within instrument and acknowledged to me that he /sty executed the same in his /hbpAkteir authorized capacity(Wils), and that by hisftn4ftir signatures($] -on the Instrument the person(4} -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. BRENDA L. ROYSTER Commission # 1700922 /1 Notary Public - California Riverside County MyC«nm. Expires Oc125, 20 i 0 Signature (seal) a. gegeeq ......... .................gg9.11........ a®gggpn Fpp............... v v.. q, 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 Identification _ Paper Identification — Credible Witness(es) Capacity of Signer: _ Trustee _ Power of Attorney CEO /CFO /COO President -PresidenD Secretary / Treasurer Other: Other 31 Thumbprint of Signer ❑ Chock here it no thumbprint or fingerprint is available. CALIFORNIA ALL-PURPOSE ACKNOWLEDGM• AG M q.c?r @ AuN.• .AUA b. AREA vx H.AUAUAS:'-0GA. A �Yai.A A �.A A N' A State of California County of Orange On 5-13-10 before me, Barbara J. Bender, Notary Public Date Here Insert Name and Tile of iM1e Oea:er ' personally appeared Rebecca Haas -Bates who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is /ere subscribed to the within instrument and acknowledged to me that ile /shei'" executed the same in Ne/her /their authorized capacity(iee), and that by 4ss /her4heiF signature(&} on the instrument the person(*, or the entity upon behalf of which the person(&} acted, executed the instrument. BARBARA J. BENDER I certify under PENALTY OF PERJURY under the laws Commission # 1801899 Notary Public •California € of the State of California that the foregoing Orange County Paragraph is true and correct My Comm. Expires Jul 13, 2012 P WITNESS m d andficial e 1 Signature Place Notary Seal Above Signature o 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. 7615401 Document Date: 5-13-10 Number of Pages: Four (4) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates Signer's Name: Individual Cl Individual Corporate Officer — Title(s): 0 Corporate Officer — Title(s): ❑ Partner — ❑ Limited O General Ii Partner —O Limited 11 General El Attorney in Fact + _• n Attorney in Fact • • ' _J Trustee TOP of thumb here L Trustee Tap of thumb here Guardian or Conservator =. Guardian or Conservator Other: O Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland 2007 National Notary ASSOCiaeon• 9350 De Soto Ave- P.O. Box 2402•Cha0.wotlh, CA 91313- 2a02•vrwu.NallonalNNaryorq Item 8590] Reorder: CaIITolbFree 1 -800.676 6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint William SYRKIN, Rebecca HAAS -BATES an f Irvine, California, EACH its true and lawful agent and Attomey -in -Fact, to mak e "u a behalf as surety, and as its act and deed: any and all bonds and undert ecu ' or undertakings in pursuance of these presents, shall be as binding upon ° ] d ! 1 ' ents and purposes, as if they had been duly executed and acknowled e mf att5y ele ompany at its office in Baltimore, Md., in their own proper persons,.�pg erg' m a e on behalf of William SYRKIN, Rebecca HAAS - BATES, Sergio D. BECHA and ed April 8, 2008. The said Assistant ° es eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -L s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 25th day of September, A.D. 2009. ATTEST: '�a o[vosrr o ° %, INB i 4,��i State of Maryland 1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gregory E. Murray Assistant Secretary By: William J Mills Vice President On this 25th day of September, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA-F 012 -0033 2y�rlic. �Fc D. Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA-F 012 -0033 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVE MENt REHABILITATION - PHASE 11 CONTRACT NO. 4385 BOND NO. 7615401 Executed in Four (4) Parts Premium charge 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 All American Asphalt, hereinafter designated as the "Principal," a contract for construction of LIDO ISLE PAVEMENT REHABILITATION - PHASE 11, Contract No. 4385 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. 4305 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fall 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 far 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, Fidelity and Deposit Company of Maryland duly authorized to transact business under the laws of the tate S of Californie, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of Five Hundred Seventy -Two Thousand, Five Hundred Seventy -Two and 00 /700 Dollars ($572,572.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, 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, withhold 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 specked in this Bond, and also, in case suit is brought to enforce _the obligations of this Bond, a reasonable attorneys fee, to be foxed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of Califomia. 32 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 vuith the provisions of Sections 3247 et. seq, of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond, IN WITNESS WHEREOF, this Instrument has been duly executed by the above named Principal and Surety, on the 13th day of Mav 020110. ?_� �i U, P All American Asphalt (Principal) Fidelity and Deposit Company of Maryland Name of Surety 801 No. Brand Blvd Glendale, CA. 91203 Address of Surety Surety: 818 -409 -2800 Agent; 949 - 679 -7116 Telephone Rebecca Haas - Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS of CONTRACTOR AND SURETY MUST BE ATTACHED 33 ACKNOWLEDGMENT A.. .AV. WRAP VAPPP APR A PVVMA ... APtlOPPPPVV... Wang A.PPPP PPPP AAAAA Among ..... AA AAA. MAI State of California County of a$. On before me, Notary Public, personally appeared 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($) 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. See Attached Surety Acknowledgment Signature (seal) PP90PP MAPAARAPPAVVA PMPAP AAAPgPPPSPAPPAAPPPPOPae.PAAPPP. AAAAAPPAAA AAPPAP..PA PAP, 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 identification _ Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee Power of Attorney —CEO /CFO /COO President 1 Vice- President I Secretary / Treasurer Other: Other Information: 34 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint Is available. ACKNOWLEDGMENT qvp PPqqvvvvvvvvq pPpYPYqvq pggq gggpv.PVqqvvdo"Uppqqqvq........ Ppgpq vvevvg..X Pqe vl State of Callfoq1la County of 4C as. On 1AA- / q4 Zb(O before me, S( 1 Notary Public, persona fly appeared eblol who proved to me on the basis of satisfactory evidence to be the person(A -whose name(t- -is /a4e subscribed to the within instrument and acknowledged to me that he /sh:aftlaeq executed the same In his /heN*air authorized capacity(!" ,-and that by his /herd2hc9ir signatures(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. ,i / 4 / BRENDA L. ROYSTER _ Commission # 1700922 Notary Public • California r Riverside County '- MyCornm.1 b#es Oct 26, 2010 (seal) ggvgvv......qpptl gpg00qqpqvvqqp0qqq gggq ggtlgAY tlpvp vgggqqqvvvvv... v gvevq.... 6AA.M1 OPTIONAL INFORMArION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language k�c (3! ?'0i C) Thumbprint of Signer S Type of Satisfactory Evidence: _ Personally Known with Paper Identification k Paper Identification _ Credible Wilness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO/ President ico-Ptesident Secretary I Treasurer Other: Other Information: 35 Q Check here ii no thumbprint or fingerprint is available. 1 ) 'T�1Li c' y. IEI 4ai.7a aS..lv1 State of California County of Orange On 5 -13 -10 before me, Barbara J. Bender, Notary Public Oeta HOM loam Nama aik We of the Officer personally appeared Rebecca Haas -Bates who proved to me on the basis of satisfactory evidence to be the persons) whose name(e) is/am subscribed to the within instrument and acknowledged to me that tae /sheA4ey executed the same in 40s/her/their authorized capacity(ies), and that by W/herAheiF signature(s4 on the instrument the person(*,, or the entity upon behalf of which the person(* acted, executed the instrument. BARBARA J. BENDER I certify under PENALTY OF PERJURY under the laws s :® Commission # 16o18g9 of the State of California that the foregoing Notary Public - California 9 9 paragraph is Orange county = true and correct My Comm. Expires Jul 13, 2012 WITNESS m h d and Ificial al. rr 1 Place Nalery seal Above Signature i9n re of Lary Pablk 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. 7615401 Document Date: 5 -13 -10 Number of Pages: Four (4) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates Signer's Name: ❑ Individual C Individual 0 Corporate Officer— Title(s): ❑ Corporate Officer— Title(s): ❑ Partner — CI Limited O General . _ _ 0 Partner — ❑ Limited ❑ General E) Attorney in Fact • • ❑ Attorney in Fact D Trustee Top of thumb here Top of thumb here ❑ Trustee Guardian or Conservator u Guardian or Conservator - ❑ Other: O Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland ®20J7NetlonalNaery ASaeciafion• 935U De. Sob AVe..P.O.BOt?A02•ChaSnarlh, CA 91313�Zge2 -v NatiwalNderyorg Ihm959ar Reorder:CRToJ,Fa l-- 87"8" RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 a_ Recorded in Official Records, Orange County Torn Daly, Clerk- Recorder IlII! Illlllllllillll! IIIIIIIICIIIIIIIIIIIIIIIIIII !IIIAllllllll NO FEE 2010000644490 12:29 pm 12/01110 276 418 N12 1 0.00 0.00 0.00 x7.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and All American Asphalt, of Corona, California, as Contractor, entered into a Contract on May 11, 2010. Said Contract set forth certain improvements, as follows: Lido Isle Pavement Rehabilitation — Phase II — (C -4385) Work on said. Contract was completed, and was found to be acceptable on November 9. 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of America. 0 fit "Li cv = a N is I L L.I M WN ity Nev L °. VERIFICATION I cN ify, und penalty of perjury, that the foregoing is true knowledge. Director rt Beach and correct to the best of my Executed on 1 Ogem4 1 (•+1 "01" , at Newport Beach, California. rim I 1 CITY OF NEWPORT BEACH NMI 23 2010 CITY COUNCIL STAFF REPORT Agenda Item No' p ft November 23, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega, Senior Civil Engineer 949- 644 -3347 or parciniega @newportbeachca.gov SUBJECT: LIDO ISLE PAVEMENT REHABILITATION PHASE II — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4385 ISSUE Staff is requesting approval to accept the Lido Isle Pavement Rehabilitation Phase II — Contract No. 4385, as complete. 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. Summary of Completed Construction Contract Total Contract Amount Final Cost at Completion Benchmark Target Actual Contract Contract Time (days) Time . Under (-) or Over ( +) $572,572.00 $562,892.80 Contract Plus 10% 1.7% 60 24 DISCUSSION On August 18, 2010, City Council authorized the award of the Lido Isle Pavement Rehabilitation Project to All American Asphalt Company. The contract provided for the grinding and removal of the existing top layer of asphalt concrete and repaving the area with a new cap of asphalt concrete. In addition broken /deteriorated sections of curb and Lido Isle Pavement Rehabilitation Phase II- Completion and Acceptance of Contract No. 4385 November 23, 2010 Page 2 gutlee,., sidewalk, cross gutters and curb access ramps were replaced. There were se_era'I'.a eas where root pruning was required to prolong the life of the new Improvements and to reduce future costs for maintenance and repair. The project did not encounter any delays due to rain or other foreseen circumstances and was able to complete the job 24 days ahead of schedule. 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: $572,572.00 Actual cost of bid items constructed: $562,892.80 Total change orders: $0.00 Final contract cost: $562,892.80 The final overall construction cost was approximately 3.9% percent below the original bid amount. A summary of the project schedule is as follows: Estimated completion date per 2010 Baseline Schedule: December 3, 2010 Project Award for construction: May 11, 2010 Contract Completion Date per NTP & Approved Extensions: November 15, 2010 Actual Construction Completion Date: October 12, 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 Lido Isle residents 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. .. .. ....... 'do Isle Pavement Rehabilitation Phase II- Completio_ _hd Acceptance of Contract No. 4385 November 23, 2010 Page 3 FUNDING AVAILABILITY In addition to the original construction contract, this project involved other project expenses, as summarized below: Construction $562,892.80 Design $48,080.81 Survey $49,815.00 Incidentals $1,044.47 Total Project Cost $661,833.08 Funds for the construction prc Account Description Traffic Congestion, Water Fund Sewer Fund ject were expended from the following account: Account Number Amount 7191-C2002032 $ 519,892.80 7503-C2002032 $4,500.00 7531-C2002032 $38,500.0 Total: $562,892.80 Prepared by: Submitted by OaP4 _'Jv�'V C"l Lt Patrick Arciniega r�Su p is WOG r�sad um Senior Civil Engineer Director Attachment: Location Map P p,N i �0000� ,02 Q PROJECT LOCATIONS o� a LIDO ISLE STREET REHABILITATION PHASE II o� o� F- ml mil Z �� a ` �F Q O o� Rp )0'• -' ,�;�; it � iii r' ,.: t % PROJECT LOCATION CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT '1/101-- '" N.T.S PA I C -4385 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 11:30 AM on the 20 day of April, 2010, at which time such bids shall be opened and read for LIDO ISLE PAVEMENT REHABILITATION - PHASE II Title of Project Contract No. 4385 $650,000.00 Engineer's Estimate by G. Badum Public Works Director Prospective bidders may obtain one set of bid documents for $20.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project. "A" For further information, call Patrick Arciniega, Project Manager at(949)644-3347 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: htto://www.Newl)ortBeachCA.QOV CLICK: Online Services /Bidding & Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVEMENT REHABILITATION - PHASE II CONTRACT NO. 4385 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 F CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVEMENT REHABILITATION - PHASE II CONTRACT NO. 4385 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 beheld 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. -- POO73 6C-12, Contractor's License No. & Classification IVA, - MIJ :..- Authorized Signature/Title "RxC t% 2010 Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO MILE PAVEMENT REHABILITATION --PHASE 11 )CONTRACT NO. 4385 BIDDER'S BOND Bond No. 08597423 We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Total Bid Price in ---- - - - - -- -------- - - - - -- ------- - - - - -- Dollars ($ 10% of Total Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of LIDO ISLE PAVEMENT REHABILITATION - PHASE II, Contract No. 4385 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 14th day of A r All American Asphalt, Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety 801 North Brand Blvd, Glendale, CA. 91203 Address of Surety Surety: 81 B- 409 -2800 Agent: 949 - 679 -7116 Telephone Owen M. Brown, Attomey -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) Bid Date: April 20, 2010 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California County of Riverside BRENDA L. ROYSTER Commisslon # 1700922 ,-o Notory Public - California £ Riverside County WCOmvn.FirpRas OCt26,2010 + Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he /shekhey executed the same in his/heathelc authorized capacity(ies), and that by his/Aer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my.( and and OPTIONAL Though the information below is not required by law, it may prove valuable to person retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bidder's Bond — City of Newport Beach Document Date: April 14, 2010 Number of Pages: 5 Signer( &) Other Than Named Above: Owen M. Brown, Attorney -In -Fact Capacity(ies) Claimed by Signer(a) Signer's Name: Robert Bradley Signer's Name: ❑ Individual ❑ Individual X Corporate Officer — Title(# Vice President ❑ Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee Top m thumb here • Other: Signer is Representing: • Corporate Officer — Title(s): • Partner— o Limited o Ge ❑ Attorney in Fact • Trustee • Other: Signea s Representing: �v.. x.: x,.. b. x.,...,. i.,'>._._ i�: a,_'., �N,..: o.. it'+ a/ �C: h„. 4v"...:...:. i. n..: n:. iiY $•.. %4'.�'Cry::�l'!32:23.v.�!Gn "'.n+..'�G:.a:.'):.�x..?�.. -a ..- :G. >v.a State of California County of Orange On 4-14-10 before me, Barbara J. Bender, Notary Public DM Nere 1n d Name am TNIe of me often personally appeared Owen M. Brown Neme(s) of Signer(a) Fel< ...... BARBARA J. BENDER Commission # 1801899 Notary public - CaliPornia G•r, Orange County £ My Comm. Expires Jul 13, 2012 Kne WM Seal Aa who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/me subscribed to the within instrument and acknowledged to me that he/eheRhey executed the same in his/kevRkeir authorized capacity(ies), and that by his/keAheir 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/I V'r '9 W511 %I %l �..`' a /•' �/: ramiffelffil 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: Bid Bond Document Date: Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Owen M. Brown ❑ Individual ❑ Corporate Officer —Tdle(s): ❑ Partner — ❑ Limited ❑ General El Attorney in Fact WEVOM _i Trustee Top of mumb here Guardian or Conservator Other: Signer Is Representing: Fidelity and Deposit Comoanv of Maryland Number of Pages: Three (3) Signer's Name: Individual '❑ Corporate Officer — Title(s): n Partner — ❑ Limited ❑ General Attorney in Fact ❑ Trustee D Guardian or Conservator O Other: Signer Is Representing: Rlilii ?*gJYCiflriRi7 oc� srcN>ry Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of th06=1aE2ent Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and efreof, does hereby nominate, constitute and appoint Owen M. BROWN, of Glendale, Cal' and Attorney -in- Fact, to make, execute, seal and deliver, for, and on its behalf ac ° d all bonds and undertakings, and the execution of such bonds or u sir shall be as binding upon said Company, as fully and amply, to all inte ° i xecuted and acknowledged by the regularly elected officers of the ��fficC !n �$� in their own proper persons. The said Assisd Section 2, of the E IN WITNESS affixed the CorIx A.D. 2010. ATTEST: v�o ocvosr. rQ set forth on the reverse side hereof is a true copy of Article VI, 'd4s $ow in force. (Ire Said Vice - President and Assistant Secretary have hereunto subscribed their names and of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 25th day of February, State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gregory E. Murray Assistant Secretary By: Theodore G. Martinez On this 25th day of February, A.D. 2010, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal the day and year first above written. 4� ''' "�hIt11P100 Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto" CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article Vi, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile pr mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 14TH day of APRIL 2010 At Assistant Secretary i� ACKNOWLEDGMENT ww RRRRRO ORRRw FfwR NNRRR, IN RRR...RRRRRRww.NRRNIRRRRR.YRRRR YO/ RRRN MICR.. N NRRR...NR, State of California County of E*1 On before me, Public, personally appeared Notary 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 to m that he /she /they executed the same in his /her /their authorized capacity(ies), and that by sther /their signatures(s) on the instrument the person(s), or the entity upon behalf of whic he person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the foregoing paragraph Is true and correct. WITNESS my hand and official seal. See Attached Notary Acknowledgments Signature of the State of California that the (seal) RR RRR RRRRRRRNNRRRRRRRRRw R RR RRRR RR• RRwwRRRRRRRRR Rw,1N 11 RRRR.RRRR. w,1 /w NR....NNR R, IIVFORMA710M 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 Identification Paper Identification _ Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO President / Vice- President / Secretary / Treasurer Other: Other Information: M Thumbprint of Signer ❑ Check here it no thumbprint orflngerpnM Is available. ACKNOWLEDGMENT •Rw11RRRRP... A......... A ..... R...RRR a.... NR... a.... WA ..am RfRR ✓M ww R*so RRR A RRRR RI State of California County of ss. On before me, Public, personally appeared proved to me on the basis of satisfactory evidence to be subscribed to the within instrument and acknowledged t same in his/her /their authorized capacity(ies), and that instrument the person(s), or the entity upon behalf of why Instrument, I certify under PENALTY OF PERJURY under the foregoing paragraph is true and correct. i WITNESS my hand and official seal. See Attached Notary Acknowledgments Signature Notary 0 person(s) whose name(s) is /are no that he /she/they executed the his/her /their signatures(s) on the the person(s) acted, executed the of the State of California that the (seal) •.AR........ MR RRRRRR MN\......... RY •RRRRR....AARRRR RRRR. WAR, RRRRRR YRRR.RRR AAA.. 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 P er Identification _ Paper Identification Credible Witness(es) Thumbprint of Signer Capacity Signer: Check hero ❑ if Trustee no thumbprint Power of Attorney w fingerprint CEO I CFO /COO is avasabte. President ! Vloe- President ! Secretary / Treasurer Other: Other Information: 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVEMENT REHABILITATION - PHASE II CONTRACT NO. 4385 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 Number Total Bid Name: QraO A { Address: (.0 11 P 5!-n �l�lQ 1,17% 18 3 &I P/�cLLX'64,�G�`!F!. ork t M )3 j Phone: '7 f-t( (a 3_I. '1 SJ v State License Number: [ tR07 �R Name: Address: Phone: State License Number. Name: Address: Phone: State License Number: A�'fIZ'LGiC.c C* +��7/GY�Y�., Bidder AA orl n ureTitle ggT V'P . f 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVEMENT REHABILITATION - PHASE II CONTRACT NO. 4385 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Project Description Approximate C Agency Name Contact Person Telephone (3jt) ZAS —ZS_ZJ Original Contract Amount $ x/06- Final Contract Amount $ L14 0KOW If final amount is different from original, please explain (change orders, extra work, etc.) P1i- 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 r No. 2 /� p, , ��1r� Project Name /Number jb i pr C�,.,/�7�]��r �1/, y p�,�y/�,M�,j� �� Project Description --Jtt(IIl''.,�1DEht 'y4"�7NC@ --'!tea Approximate Construction Dates: From csWN fl To:{ 1 4lJV Agency Name Contact Person Telephone Ric k-5--3 5- — 4V / Original Contract Amount $ 11 VP 1 4inal Contract Amount $ . 2-024 ��• f! if 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 Project Description Nd Approximate Construction Dates: From -.1 To: 72 — dW b Agency Name Contact Person Telephone (%� • bZ�� 33 t 2� . 00 Original Contract Amount $G coal Contract Amount $ < < '3 �3 ° y If final amount is different from original, please explain (change orders, extra work, etc.) N Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. tl-ya 10 No. 4 Project Name /Number Project Description STt&y . lP,e c3xz� Approximate Construction Dates: From / / —"P Nil I� 7 To: 3 - dW i Agency Name &7 ll � d I� Contact Person Telephone (71V fp q — SD IV Original Contract Amount $Z! u 'll RRI Contract Amount $ _ 27 U9, 913-01) 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. N6 No. 5 Project Name /Number Project Description qd7l&67 ZkPt _ 6,M1�. S Approximate Construction Dates: From Agency Name Contact Person Telephone (p� g v Original Contract Amount $ 4'!' 0 "final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) I—J[)^ 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 Project Description 571'e �-.nH�KIIWV R ( l Approximate Construction Dates: From ! 24 To: "[ —� ! - Agency Name Contact Person W1tJ1U11 Telephone (71 Original Contract Amount $ -)f I Final Contract Amount $ �i IMi = r� 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. 56n hTrx-c� Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. '*tl '�qeaCei Bidder XKutfidiizid Si nature/Title �Ij�a�lt -T8 1" &&SCPeXJ7- iz P.O. Box 2229, Corona, CA 92878 -2229 Doug Harrington 1996 — Present All American Asphalt Corona, CA const uctim Manager • Supervise construction activities for general engineering contractor, • Manage grading, concrete, and paving operations for both public and private work projects. 1990 -1996 Paving Superintendent • Managed all paving operations. • Responsible for organizing personnel, equipment and materials for paving projects. • Responsible for project acceptance. • Handled customer inquiries and complaints. 19WI990 Foreman • Managed daily operations for grading, concrete, paving and public works projects. • Responsible for quantity verification and contract changes. 1977 -1983 Industrial AsphaldHunt Mix Irwindale, CA Operating Engineer • Responsible for daily maintenance and operation of various heavy machinery. 4,... (0 ~,r , Attended various educational classes relating to the construction industry including: - Agtec Pointman Training (Non contact sensor grade control) - Asphalt Technology CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVEMENT REHABILITATION - PHASE II CONTRACT NO. 4385 NON - COLLUSION AFFIDAVIT State of California ) p ) ss. County of LNEISWC- )) ,� 1710 -:�a]� W bein first du sworn deposes nd rsaayyss .thhat he erabo is (4l�l.T ofRn. q the party making the -1 MAQ 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 parry 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 et+ierbid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare undpenalty of perjury of the laws of the State of C ifomia that the f egoing is tr correct. Bidder onzed Sig-rialfuretTitle lZm t�'��14D t lij- Subscribed and sworQto (or affirmed) before me on this day of 2010 by \ the basis of satisfactory evidence to I certify under PENALTY OF PERJURY foregoing paragraph is true and correct. [SEAL] 13 personally known to me or proved to me on who appeared before me. the State of California that the Notary Public My Commission Expires: CALIFORNIA JURAT State of California County of Riverside BRENDA L. ROYSTER Commission # 1700922 a ; -s Notary Public - California UE' Riverside County ' MyCmvn. E10esOct2a, 2010 Subscribed and sworn to (or affirmed) before me on this 19th day of April, 2010 Date Month By (1) Robert Bradley Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (2) (and ProveSO4 me on the basis of satisfactory evidence be 85e person who appeared before me.) Signature Platy Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove vatuabte to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Non - Collusion Affidavit Document Date: 419 -10 Number of Pages: 1 Signer(s) Other Than Named Above: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVEMENT REHABILITATION - PHASE II CONTRACT NO. 4385 DESIGNATION OF SURETIES Bidders name Ka )VWatC.#A) /7� Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): ��� , 91(2-0 409 -I!iaa Ccl �) 5S30 T O 4o" —T�V tNf3 z (4 92,6ZO C4664-'T) ebb DAB- L' c�2 �4 -93� - 44. -lo 071E Pin 81410. wgj;r�, CA-U4 t- CI-OL6 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVEMENT REHABILITATION - PHASE 11 CONTRACT NO. 4385 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL �. Bidders Name �2-� �/ -� P4 .� Rte[^ 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 Year of for for for for for Record 2009 2008 2007 2006 2005 Total 2010 No. of contracts ' I L 90 � Z" � 14A ,r � 4O Total dollar Amount of Contracts (in 214f 21 l,l�t( 2S3�S�D 3S�48�0 �3�I 1 L t it t I Z Thousands of $ No. of fatalities s- �+- No. of lost Workday Cases 40- No. of lost workday cases involving permanent transfer to er- another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: C�Z Title U 16 E3Xlr The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, joint 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 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California County of Riverside who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Were subscribed to the within instrument BRENDA L. ROYSTER and acknowledged to me that he4Whey executed the same in Commission # 1700922 hieR their authorized cepacity(ies), and that by hW#w/their u' Notary Public • California signature(s) on the instrument the person(s), or the entity upon behalf Riverside County = of which the person(s) acted, executed the instrument. tvty Comm. E>mires Od 26, 2010 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my *ndyandd /official seal. Signature Place Notary Seal Abave Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Contractor's Industrial Safety Record — City of Newport Beach Document Date: April 19, 2010 Number of Pages: 2 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradley ❑ Individual X Corporate Officer— Title(s): Vice President ❑ Partner — ❑ Limited o General • Attorney in Fact • Trustee ❑ Other: Signer is Representing: Top of Numb here Signer's Name: Mark Luer ❑ Individual X Corporate Officer — Title(s): Secretary • Partner— o Limited ❑ General • Attorney in Fact Tap of Aumb hon • Trustee o Other: Signer is Representing: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVEMENT REHABILITATION - PHASE II CONTRACT NO. 4385 ACKNOWLEDGEMENT OF ADDENDA 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 LIDO ISLE PAVEMENT REHABILITATION - PHASE II CONTRACT NO. 4385 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: �n Name of individual Contractor, Company or Corporation:C� Business Telephone and Fax Number: - ZI'V , California State Contractor's License No. and Class: '1F -1!07073 /47 0--12- (REQUIRED AT TIME OF AWARD) Original Date Issued: 14 1- 7 1 Expiration Date: ( -31 -11, List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address W�V61t -] Telephone - Q S( ?3fi )GCo Mir I X90017-1 ®R, MW a&;,,! 9=1 A"Al".WiLl -A MEE Corporation organized under the laws of the State of " A-u fb e-,ur R- 18 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: ub All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: kJ 14- 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: FrlA.— Provide the names, addresses and telephone numbers of the parties; N/¢ Briefly summarize the parties' claims and defenses; IA- Have you ever had a contract terminated by the owner /agency? If so, explain. NO Have you ever failed to complete a project? If so, explain. )1-y O 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 labo ompliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes Ntf- Are any claims or actions unresolved or outstanding? Yes PO 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 accurafe manner may be considered non - responsive. t�Alw 6.13( sorrs (Print name of Owner or President of Corporation /Company) Bidder Authorized Signaturerritle V. Title W j�_' _ Notary Public, who proved to me on the basis of satisfactory evidence to be the person(44 whose name(*] is /ate subscribed to the within instrument and acknowledged to me that he /sTP*l tay executed the same in his /NmMwir authorized capacity(Ajpp and that by his /tofk oW signature(# 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. V w A- IA-14 V % . Notary Public in and for My Commission Expires: to-24-10 - 0 BRENDA ROYSIER Gommission # 1700909 22 < -.e Notary Public • California Rlverside County ' W Comm, lD plrw0cl26, 2010 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVEMENT REHABILITATION - PHASE II CONTRACT NO. 4385 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 LIDO ISLE PAVEMENT REHABILITATION - PHASE II CONTRACT NO. 4385 CONTRACT THIS AGREEMENT, entered into this day of , 2010, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and All American Asphalt, a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: LIDO ISLE PAVEMENT REHABILITATION - 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 raise pavement markers; (4) removing existing pavement; (5) removing existing sidewalk, curb, curb and gutter, cross gutter, driveway approaches, local depressions and curb access ramps; (6) grinding (cold mill), reconstructing and overlaying roadway; (7) constructing sidewalks, curb, curb and gutter, cross gutter, driveway approaches, local depressions, curb access ramps; (8) pruning trees and installing tree root barriers; (9) adjusting utility and survey facilities; (10) installing traffic striping, pavement marks, curb painting, and raised pavement marking; (11) coordinating with outside utility owners to have facilities raised to grade and (12) other incidental items to be completed in 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. 4385, 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. 22 B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Five Hundred Seventy-Two Thousand, Five Hundred Seventy-Two and 001100 Dollars ($572,572.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. 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: Patrick Arciniega (949) 644- 3347 CONTRACTOR All American Asphalt P.O. Box 2229 Corona, CA 92878 951 - 736 -7600 951 - 736 -7646 Fax INSURANCE Without limiting Contractor's indemnification of City, and prior 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. 23 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, 25 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. WAIVER A waiver by City or any tern, 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 APPROVED AS TO FORM: Y� F ynet e . Beauc np Assist t City Att r y CITY OF NEWPORT BEACH A Municipal Corporation AMERICAN ASPHALT By: (Corporate O ic►er)) ` Title: �f F Print Name: By: (Financial Officer) Title: 9fY'1P /T� rte/ f ,�(f Print Name: K1.%. Please note: Corporations must complete and sign both places above even if each office is held by the same individual 27 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On May 14, 2010 before me, Brenda L. Rooster, Notary Public Data Here (hearl name and TNa of the Officer personally appeared Robert Bradley and Mark Luer Name($) of Signer(.) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument BRENDA L, ROYSTER and acknowledged to me that he4helthey executed the same in Commission # 1700922 hisAedtheir authorized capacity(ies), and that by hisA wttheir -a; Notary Public - California n signature(s) on the instrument the person(s), or the entity upon behalf Riverside County of which the person(s) acted, executed the instrument. J MyCamf.EVIresOc126.2070 + I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my nd and offci sea Signature Pime Notary Seal Above Signature & Nalary PuNic OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this force to another document. Description of Attached Document Title or Type of Document Contract — City of Newport Beach Document Date: May 14, 2010 Number of Pages: 6 Signer( &) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradley o Individual X Corporate Officer — Title(s): Vice President o Partner— u Limited o General a Attorney in Fact o Trustee o Other: Top of thumb here Signers Name: Mark Luer ❑ Individual X Corporate Officer — Title(s): Secretary • Partner— o Limited ❑ General • Attorney in Fact Top of Numb har • Trustee o Other: Signer is Representing: I I Signer is Representing: PR 1 OF 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL LIDO ISLE STREET REHABILITATION PHASE II CONTRACT NO. 4385 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 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. 4385 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mob izatior 0U�I WKL Tw st @�evul Dollars Ley and Cents $ I 97?.40 Lump Sum 2. Lump Sum Traffic Control fwv� T47.rvi'v(`rwe @_t5uvdrr,d Ut"Av Me &- Dollars and Cents $ v)99 -06 Lump Sum I 3. Lump Sum Surveying Services @ sl )Ci Qvnu 56wtCt Dollars and Cents $ 4010d.'" Lump Sum PR2of5 4. 860 L.F. Remove and Construct P.C.C. Type A Curb and Gutter (W =18 ") @Twy2 RIA Dollars and Cents $ Ato $ �o Per Linear Foot 5. 200 L.F. Remove and Construct P.C.C. Type B Curb @ Twykjljo Dollars 7t and U/'o Cents $ &LIO Per Linear Foot 4,000 L.F. Remove and Construct P.C.C. Rolled Curb and Gutter @ r/ Dollars 7 and Cents $ 3 O, as $ 1090 &0W 4D Per Linear Foot 7. 1,350 S.F. Remove and Construct 8" Thick P.C.C. Cross Gutter and/or Spandrel Q l or'TPgn Dollars and Cents $13 88 $ 12 na, d Per Square Foot 8. 1,400 S.F. Remove and Construct V Thick P.C.0 Sidewalk Colored Concrete Chromix Adobe Tan No. C -21 (L.M. Scofield Co.) Etg,�n @ Dollars ZIVO and Cents $ 44 to $ � Per Square Foot 9, 215,000 S.F. Cold Mill Variable Depth (0.17' to to 0.25') (a &,r'° Dollars and u) Cents $ y3 Per Square Foot 10. 11 12. 13. 14. 15. 16. PR3of5 43,770 S.F. Cold Mill Variable Depth (0.01' to to 0.33' @ 7.er0 Dollars and _ wt ►. Cents $o a0 $ g s • a d Per Square Fo t 3,300 TON Construct AC Cap @ tK t K Dollars and zee Cents $ 00 Per Ton 8 EA. Replace Existing Water Valve Box Frame and Cover and Adjust to Grade @�tu�lrNz r^ Dollars Cents $ ap, 00 $ ? (Ind .00 Per Each 28 EA, Adjust Manhole Frame and Cover to Grade @ fi -mAu" 76— t'rt/�vUollars and Cents $ 525".-dD $ /y_ 7e8 at% Per Each 28 EA. Replace Existing Sewer Main Cleanout Frame and Cover and Adjust to Grade @]UJ/dMtitai�G Dollars Z� an s 700-06 $ 19. W0. Per Each 1 EA. Remove and Replace Electrical Pull Box To New Location anc dj st to Grade 0�,'(kot�ca.�Q Fa31d- rtivl @j Dollars and 7ayo Cents $ Od $ / MO. ao Per Each r- 12 EA. Adjust Water Meter Box and Coy , to Grade, @ 4 Dollars � / and 4t_b Cents $ .20D<0b $ Per Each PR4of5 17. 8 EA. Adjust Survey Monument Frame and Cover to Grade o� 6�Dollars and 2:r Per Each Cents $ Q Q $ 18. 3 EA. Remove and Construct P.C.C. Access R p Two Tw o Dollars and Per Each Cents $ IQOO Db $ tip 00 19. 130 S.F. Remove and Construct P.C.C. Driveway Approach @ Dollars N p and Cents $ $,00 $�Q� Per Square Foot 20. 20 EA. Retnoov an R i Curb Drain e° Dollars and P Cents $ ZO. OQ $ 21. 190 L.F. Prune Tree Root and Install Root Barrier Dollars �D and Cents $ $ oo Per Linear Foot 22. 1 EA. Replace Existing Pull Box Frame a d C ve�and Adjust to Grade Two e @o P Dollars and Per Eac Cents $ 00 $ SQO 23, Lump Sum. Traffic St " ing @ _Dollars and Lump Sum Cents $ 7 FIR 5of5 24. 17 EA. Adjust Telephone Manhole Frame and Cover to Grade @ Dollars and Z -D Cents $ $ 1 01� SD Od Per Each 25. Lump Sum Record Drawing // As Built Plans @ ¢ytrJu� L� Dollars 2% - and �(/`D Cents Lump Sum TOTAL PROJECT TOTAL PRICE IN WRITTEN WORDS and $ 11500, OD $ s70? 5 -707. Do Total Vrice (Figures) The award of the contact, if made, will be to the lowest responsible bidder as determined solely by the City using the total price bid for items. Date Rst -)3(P )io00 I Qs1-73(6 -76�� Bidder's Telephone & Fax Numbers +;47 o? 3 6( C -1 Z Bidder's License No(s). and Classification(s) Bidder's Address See Section 500 -1.1.2 For Required Bid Submittals CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVEMENT REHABILITATION - PHASE It CONTRACT NO. 4385 BOND NO. 7615401 Executed in Four (4) Parts FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,433.00 being at the rate of $ 4.25 thousand of the Contract price_ Premium subject to adjustment upon completion WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to All American Asphalt, hereinafter designated as the 'Principal', a contract for construction of LIDO ISLE PAVEMENT REHABILITATION - PHASE 11, Contract No. 4385 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. 4385 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Fidelity and Deposit Company of Maryland , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Seventy -Two Thousand, Five Hundred Seventy -Two and 001100 Dollars ($572,572.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or falls to Indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. R 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 has been duly executed by the Principal and Surety above named, on the 13th day of May 2010. All American Asphalt (P ' cipal) Fidelity and Deposit Company of Maryiand Name of Surety 801 No. Brand Blvd, Glendale, CA. 91203 Address of Surety Surety: 818 -409 -2800 Agent: 949-679- 116 Telephone AutKorized SignaturerTtle Rebecca Haas - Bates, Attorney- in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS of CONTRACTOR AND SURETY MUST BE ATTACHED 29 ACKNOWLEDGMENT YYYYY YYYYYY•YYY. "I YYRYYY YYYYYYYYYYYYYYYYYYYYYYYYYYf YYYYY.YYYYYYYY \YYYY AY \A�YY, State of California County of ) Ss. On before me, Public, personally appeared Notary proved to me on the basis of satisfactory evidence to be the parson(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In hisRler /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. See Attached Surety Acknowledgment Signature (seeq IIYYYYYYYYY�Y ■YYYYYYYYIIYYYeY YYYYYY•YYYYY YYRY YYYYYY•YYYYYY.YYYYYYY YYY••YYYYYYYY�, OPTIONAL INFORMATION Data of Document Type or Title of Document Number of Pages In Document Document In a Foreign Language Type of Satisfactory Evidence: Personalty Known with Paper identification Paper Identification _Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO I CFO ICOO President I Vice- President I Secretary I Treasurer Other: Other Information: 30 Thumbprint of Signer [] Check here if no tlwmbprinl or Mgarprint is available. ACKNOWLEDGMENT State of Calif} is County of t vets P65, } ss. On ZotO before me, � L. �v Notary Public, personally appeared lL 0 B0LE who proved to me on the basis of satisfactory evidence to be the person hose name(teHs/arj5- subscribed to the within instrument and acknowledged to me that hels Qahey executed the same in his /hVAMIr authorized capacity(iiM), and that by his /HoOtOvir 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 this foregoing paragraph is true and correct. WITNESS my hand and official seal. BRENDA L. ROYSTER Commission # 1700922 -o Notary Public - California Riverside County - MyCartsn. FipUes Oc126, 2030 Signature (seal) Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION j1�1�?i t 2.o(O �R1Th� >�r� t�xsND 14 Type of Satisfactory Evidence: Personally Known with Paper Identification _� Paper Identification ,,,Credible Witness(es) Capacity of Signer: Trustee _ Power of Attorney CEOICFOICOO President?GgWraild—e'nD Secretary I Treasurer Other: Other Information: 31 Thumbprint of Signer rj Check here if rro thumbpent or fingerprint is available. State of California County of Orange On 5 -13 -10 before rite Barbara J. Bender, Notary Public ante Hare evert Name 2i Tnle 01 the Ot Al personally appeared Rebecca Haas -Bates who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) islam subscribed to the within instrument and acknowledged to me that 4WshaM" executed the same in "afher/Nteir authorized capadty(ies), and that by hkAerA *4 signature(s} on the instrument the person ft or the entity upon behalf of which the person(s} acted, executed the instrument. • BARBARA J. BENDER I certify under PENALTY OF PERJURY under the laws Commission # 1801899 Notary Public - California of the State of California that the foregoing paragraph is Orange County true and co=nclAicialzealAv My Comm. Expires Jul 13, 2072 WITNESS ft�Kotanswinbm Signature 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. 7615401 Document Date: 5-13 -10 Signer(s) Other Than Named Above: All American Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Individual Cl 0 J Rebecca Haas -Bates Corporate Officer — Tiffe(s): Partner —Q Limited ❑ General Attorney in Fact Trustee �. Guardian or Conservator Other: Signer Is Representing: Fidelity and Deposit Company of Maryland rtcrr r� ira¢aamr Oh' SYatiEn Number of Pages: Four (4) Signer's Name: • Individual • Corporate Officer — Tide(s): _ • Partner — O Limited C General _! Attorney in Fact C Trustee *. Guardian or Conservator ❑ Other: Signer Is Representing: rgGtn TiA�JRiFRRNl7, OF swtrrH `.r <�r < <:..<:.,.<:e�w::. <�.,; �- :. •+':'vK�«q.•a. �. :. „«_,tiv., :,<L =a;. ...... n. ry+.,y <yr.� n.<:ss CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO IALE PAVEMENT REHABILITATION . PHASE 11 CONTRACT NO. 438 BOND NO, 7615401 Executed in Four (4) Parts Premium charge 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 All American Asphalt, hereinafter designated as the "Principal," a contract for construction of LIDO ISLE PAVEMENT REHABILITATION - PHASE II, Contract No. 4385 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. 4385 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fall 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, Fidelity and Deposit Company of Maryland duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety) are held firmly bound unto the City of Newport Beach, in the sum of Five Hundred Seventy-Two Thousand, Five Hundred Seventy -Two and 007100 Dollars ($572,572,00) lawful money of the United States of America, sold sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terns of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION 1S SUCH, that If the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, In an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fired by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 32 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file Claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and It does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 13th day of Mav , 2010. z of -F a� i V, All American Asphalt (Principal) Fidelity and Deposit Company of Maryland Name of Surety 801 No. Brand Blvd Glendale, CA. 91203 Address of Surety Surety: 818 -409 -2800 Agent; 949 -679 -7116 Telephone Rebecca Haas - Bates, Attorney -in -Fad Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5M ACKNOWLEDGMENT 11RRRR. . balm RRRRRROIIRRR•RoRRRRRRRRR\R RRRRRY.O11RRRRRRR Oman RRRR*am, " RRRRRR RR RR.R a, State of California 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) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(les), and that by hislher /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. See Attached Surety Acknowledgment Signature (seal) R \R \RRR1111R RIIORR RRRRR OMOORRRR RR RnRRRRRRaRRRRRRRRR RIRR RRRRYYRRRR RRRRRRRRRRRR.R OR, 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 Identification Paper Identification Credible Witnese(es) Capacity of Signer: Trustee Power of Attorney CEO / CFO /COO President I Vice - President f Secretary / Treasurer Other: Other Information: 34 Thumbprint of Signer Check here K no thumbprint ar fingerprint is available. ACKNOWLEDGMENT •Nw NOR YYYYYYNYN N *no YYYYNY OI1pNYYYNYYYYYYYYY YFNNY• •YNNNYNNNYNNNNNNNYNNNNNYNYNNYIA State of Califorrgijtia County of ICC LD6 ) Ss. %� on �LL /C{ 2010 before me, � &SWt , Notary Public, persona My appeared p Nt n proved to me on the basis of satisfactory evidence to be the person(A) -"ose name(%-)-is/s4e- subscribed to the within instrument and acknowledged to me that he/she#heq executed the same In his/hwAkair authorized capacity(iii t and that by his /hv;#k*r signatures(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. BRENDA L. RoysrER Commission # 1700922 .,� Notary Public - California d= Riverside County '- J WCamm.E)q*esOM26, 2070 7^ - Signature (seat) •NN NNNNY NbNb YNYY1IYNN YNNYYNYY\ YNNNNII AIY IANIINNIIYYMNNY •NNNNNNNNNNNNNNNNNNNN.NN YN.AAA Date of Document Type or Title of Document Number of Pages in Document Document In a Foreign Language OPTIONAL INFORPAA77ON Og Zb 10 Thumbprint of Signer CMSo�. d a�ff,acs P,atr �—� Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO President ice- President becretary /Treasurer Other: Other 35 0 Check here If no thumbprint cr fingerprint is available. r 14 1 it i ✓j / ?..3.3:'Y+>�i>'::jiCA:4. ) 3� <j$!.j ".Y y ($:!T..�aS. -.u:.L .i..Y. ...... .:'v... .'1«,+.5 >: '..'- S� ?v�C.a'NTiS.T5.0 :7NaY�.: > ✓:nC�.'�? State of California County of Orange On 5 -13 -10 before me, Barbara J. Bender, Notary Public peps Hem Ins8a Ne a and TMa of the 0a 1 personally appeared Rebecca Haas -Bates 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 fro /she"ey executed the same in *Whedtheir authorized capacity(iee), and that by Nis/herAheir signature(s} on the instrument the person(ft or the entity upon behalf of which the person(s} acted, executed the instrument. BARBARA J. BENDER I certify under PENALTY OF PERJURY under the laws Commission # 1801899 Notary Public - California of the State of California that the foregoing paragraph is .'+ Orange County true and correct My Comm. Expires Jul 13, 2012 WITNESS m d and ici4OPubk Place Notary Seal Above Signature 9^a OPTIONAL Though the information below is not required by law, k may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Payment Bond No. 7615401 Document Date: 5 -13 -10 Signer(s) Other Than Named Above: All American Asphalt Capacity(les) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bales ❑ Individual Corporate Officer—Title(s): — C, Partner —❑ Limited 0 General p Attorney in Fact =i Trustee Guardian or Conservator Other: Signer Is Representing: Fidelity and Deposit Company of Maryland 7 nli. i11 RIMeP.MW p1M Lon Number of Pages: Four Signer's Name: Cl Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General 'rl Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: n'GHTTHUMBPnNrr GF S'X;WA F :�e;.y ..,..� <� ^xe:o <:e•.;N�.v De us4 es`.......;�, Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By -Laws of said y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint William SYRKIN, Rebecca HAAS -BATES an 1 f Irvine, California, EACH its true and lawful agent and Attomey -in -Fact, to in e 'v behalf as surety, and as its act and deed: any and all bonds and unde ect ' r or undertakings in pursuance of these presents, shall be as binding upon ' I d [ l ents and purposes, as if they had been duly executed and acknowled y ele ompany at its office in Baltimore, Md., in their own proper persons er at on behalf of William SYRKIN, Rebecca HAAS- BATES, Sergio D. BEC d ed April 8, 2008. The said Assistant by certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 25th day of September, A.D. 2009. '�o o[roa,� #r"ro'O. n 0 4 a State of Maryland City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gregory E. Murray Assistant Secretary By: J William J. Mills Vice President On this 25th day of September, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fast above written. POA—F 012.0033 oU111Mq,, Qt!.�Gi lGffi „ 11111"', Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attomeys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney-in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Otb day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 13TH day of MAY 1 2010 .4t __/. VVV Assistant Secretary ACORD- CERTIFICATE OF LIABILITY INSURANCE °05/`3/10"""" OSE MMMO PRODUCER LIC #OB29370 1- 925 - 244 -7700 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Edgewood Partners Insurance Centers (EPxC) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE [Orange Branch) HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 5003 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Ramon, CA 94583 ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 SR EPICcerta ®edged diss.com SURANCE INSURERS AFFORDING COVERAGE POLICYEFFECTIE DAT E(MMMINM NAIC# INSURED A INSURERA:ARCH SPECIALTY INS CO GENERAL 21199 All American Asphalt 08101109 08/01/11 EACHOCCURRENCE $1,000,000 INSURERS: HARTFORD FIRE IN CO COMMERCIALGENERALLIABILTTY 19682 P. O. Box 2229 INSURERC: INSVRANCE CO OF THE STATE OP PA $100,000 19429 Corona, CA 92878 INSURER D: SEABRIGBT INS CO 15563 CLAIMS MADE Q OCCUR INSURERE: MED EXPAnone person) COVERAGFR PERSONAL 6ADV INJURY 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 OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 SR ADD'L SURANCE POLICYNUMSER POLICYEFFECTIE DAT E(MMMINM POLICYEXPIRATION DATEIMMMOMI LIMITS A GENERAL LIABILITY GPP002265801 08101109 08/01/11 EACHOCCURRENCE $1,000,000 X COMMERCIALGENERALLIABILTTY PREMISES Eaowxance $100,000 CLAIMS MADE Q OCCUR MED EXPAnone person) $ PERSONAL 6ADV INJURY $ 1,000.000 GENERALAGGREGATE $ 2.000,000 AGGREGATE LIMIT APPLIES PER PRODUCTS.COMP/OPAGG $2.000,000 GEN'L POLICY X PRO- LOC B AUTOMDBILELL98NTY X ANY AUTO 72UENGK5491 08/01/09 08/01/10 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BO (Per persoromon) ) $ ALLOWNEDAUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) q X X HIREDAUTOS NOKDWNEDAVTOS PROPERTY DAMAGE (Peraccident) $ GARAGE LIABILITY AUTO ONLY - EAACCIDENT It OTHERTHAN FA ACC S ANY AUTO $ AUTOONLY: A00 C EXCESSLIMBRELLA L1A51101Y 7517073 08101109 08101/10 EACH OCCURRENCE $10,000,000 X1 OCCUR CLAMS MADE AGGREGATE $10,000,000 $ DEDUCTIBLE $ X RETENTION $ 10,000 D WORKERS COMPENSATION AND BB1090243 08/01/09 08/01/10 X WCSTATU- OTH- EMPLOYERTIUA811JTY ANY PROPRIETOWPARTNERIEXECUTIVE E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 OFFICERIMEMBEREXCLUDED'+ Ayyees.IN -PRe ISIO SPECIALPRONSIGNS below E.L.OISEASE- POLICY LIMIT $1,000,000 OTHER OF3CMMM OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS Contract #4385 / RE: Lido Isle Pavement Rehabilitation - Phase 1I of Newport Beach Box 1768 Beach, CA 92658 -8915 USA SHOYLD ANY OF THEABGW DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATWN DATE THEREOF, THE ISSUING INSURER WILL OW61WAW49 MAIL 30 DAYS WRRTPN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 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 The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE p5/03/10 NAME OF INSURED: All American Asphalt Addifional Description of OperationslRemarks fmm Page 1: Additional Information: GENERAL / AUTOMOBILE LIABILITY: Certificate Holder is named additional insured if required by written contract •WORKERS COMPENSATION DOES NOT APPLY TO MONOPOLISTIC STATES SUPP (05104) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. c]A_l� I:1 �1r_ 1�7�71iLeIiL' 1 >ll�F3�I:��!I�iI�I�li��= fPi[�ili This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF - INSURED RETENTION COVERAGE FORM SECTION II — WHO IS INSURED is amended to include as an additional insured those persons or organizations who are required under a written contract with you to be named as an additional insured, but only with respect to liability for "bodily injury', "property damage ", or "personal and advertising injury' caused, in whole or in part, by your acts or omissions or the acts or omissions of your subcontractors: A. In the performance of your ongoing operations or "your work ", including "your work" that has been completed; or B. In connection with premises owned by or rented to you. As used in this endorsement, the words "you" and "your" refer to the Named Insured. All other terms and conditions of this Policy remain unchanged. Schedule City of Newport Beach, its elected or appointed officers, agents, officials, employees, and volunteers Endorsement Number: Project Contract #4385 / RE: Lido Isle Pavement Rehabilitation - Phase II This endorsement is effective on the inception date of this policy unless otherwise stated herein (The information below is required only when this endorsement is issued subsequent to the preparation of the policy.) Policy Number: GPP002265801 Named Insured: All American Asphalt Endorsement Effective Date: 8/1109 00 CGL0006 00 05 07 Page 1 of 1 2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE — BROAD FORM, CGL POLICY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF - INSURED RETENTION COVERAGE FORM Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the following paragraph is added to Condition 4. Other Insurance: Where the Named Insured is required by a written contract to provide insurance that is primary and noncontributory, and the written contract so requiring is executed by the Named Insured before any "occurrence" or offense, this insurance will be primary, but only if and to the extent required by that written contract. All other terms and conditions of this Policy remain unchanged. Schedule City of Newport Beach, its elected or appointed officers, agents, officials, employees, and volunteers Endorsement Number: Project Contract #43851 RE: Lido Isle Pavement Rehabilitation - Phase II This endorsement is effective on the inception date of this policy unless otherwise stated herein (The information below is required only when this endorsement is issued subsequent to the preparation of the policy.) Policy Number. GPP002265801 Named Insured: All American Asphalt Endorsement Effective Date: 811109 00 CGL0130 00 09 06 Paget of 2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF- INSURED RETENTION COVERAGE FORM Schedule Project City of Newport Beach, its elected or appointed officers, Contract #43851 RE: Lido Isle Pavement agents, officials, employees, and volunteers Rehabilitation - Phase II Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 8. Transfer Of Rights of Recovery Against Others to Us is amended by the addition of the following provision: We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payments we make for injury or damage arising out of your operations or "your work" done under a written contract with that person or organization. All other terms and conditions of this Policy remain unchanged. Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number: GPP002265801 Named Insured: All American Asphalt Endorsement Effective Date: 06!01109 00 CGLO121 00 09 06 Includes Copyright Material from Insurance Services Office, Inc. Page 1 of 1 2021 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 0: (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 City of Newport Beach, its elected or appointed officers, Contract 94385 / RE: Lido Isle Pavement agents, officials, employees, and volunteers Rehabilitation - Phase II 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 811/09 Policy No. BB1090243 Endorsement No. 12 Insured All American Asphalt Policy Effective Date 811109 Insurance Company Seabright Insurance Company Countersigned By / WC 04 03 06 (Ed. 484) 01998 by the Workers' Compensation Insurance Rating Bureau of Cal Hernia All rights reserved. 2021 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 05120/2010 Date Completed: Dept. /Contact Received From: Shari Rooks 05/21/2010 Sent lo: Company /Person required to have certificate: Shari Rooks By: Michelle Ross All American GENERAL LIABILITY A. INSURANCE COMPANY: Arch Specialliy Insurance Co. B. C. AM BEST RATING (A-: VII or greater): "A "(XV) ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1M or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? 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 $1,000,000 plus $10,000,000 Umbrella ® Yes ❑ No ® Yes ❑ No ❑ Yes ® No NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Hartford Fire Insurance Co. B. AM BEST RATING (A-: VII or greater) "A "(XV) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): $1,000,000 plus What is limits provided? $10,000,000 Umbrella E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): n/a Is it included? ❑ Yes ❑ No 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 - "((X) C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: lffl�AAK ,00,ns Rag 21, 2010 Agent of Brown & Brown Dale Broker of record for the City of Newport Beach ❑ Requires approval /exception /waiver by Risk Management B &B initials Comments: Approved: Risk Management PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS LIDO ISLE STREET REHABILITATION PHASE II CONTRACT NO. 4358 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -5 PLANS AND SPECIFICATIONS 1 2 -5.1 General 1 2 -6 WORK TO BE DONE 1 2 -9 SURVEYING 2 2 -93 Survey Service 2 2 -9.6 Survey Monuments 2 SECTION 3 CHANGES IN WORK 2 3 -3 EXTRA WORK 2 3 -3.2 Payment 2 3 -3.23 Markup 2 SECTION 4 CONTROL OF MATERIALS 3 4 -1 MATERIALS AND WORKMANSHIP 3 4 -1.3 Inspection Requirements 3 4 -1.3.4 Inspection and Testing 3 SECTION 5 UTILITIES 3 5 -1 LOCATION 3 5 -2 PROTECTION 3 5 -7 ADJUSTMENTS TO GRADE 3 5-8 SALVAGED MATERIALS 4 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE 7 -7 OF THE WORK 4 6 -1 CONSTRUCTION SCHEDULE AND 7 -8.4 COMMENCEMENT OF WORK 4 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Day 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 -8.4 Sanitation 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 -8.6.1 Best Management Practices and Monitoring Program 7 7 -10 PUBLIC CONVENIENCE AND SAFETY 8 7 -10.1 Traffic and Access 8 7 -10.2 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 Notices to Businesses and Residents 9 7 -15 7 -16 SECTION 9 9 -3 9 -3.1 9 -3.2 CONTRACTOR'S LICENSES CONTRACTOR'S RECORDS /AS BUILT DRAWINGS MEASUREMENT AND PAYMENT PAYMENT General Partial and Final Payment 10 10 10 10 10 14 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 14 201 -1 PORTLAND CEMENT CONCRETE 14 201 -1.1.2 Concrete Specified by Class 14 201 -2 REINFORCEMENT FOR CONCRETE 14 201 -2.2.1 Reinforcing Steel 14 SECTION 203 BITUMINOUS MATERIALS 14 203 -6 ASPHALT CONCRETE 14 203 -6.1 General 14 SECTION 214 PAVEMENT MARKERS 14 214 -4 NONREFLECTIVE PAVEMENT MARKERS 14 214-5 REFLECTIVE PAVEMENT MARKERS 14 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 15 300 -1 CLEARING AND GRUBBING 15 300 -1.3 Removal and Disposal of Materials 15 300 -1.3.1 General 15 300 -1.3.2 Requirements 15 300 -1.5 Solid Waste Diversion 15 SECTION 301 TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF BASE MATERIALS 16 301 -1 SUBGRADE PREPARATION 16 301 -1.6 Adjustment of Manhole Frame and Cover Sets to Grade 16 3011-1.7 Payment 16 SECTION 302 ROADWAY SURFACING 16 302 -5 ASPHALT CONCRETE PAVEMENT 16 302 -5.1 General 16 302 -5.2 Cold Milling Asphalt Concrete Pavement 17 302 -5.2.1 General 17 302 -522 Equipment 17 302 -5.4 Tack Coat 17 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 18 302 -6.6 Curing 18 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 18 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS 23 400 -2 RAMPS AND DRIVEWAYS 18 303 -5.1 Requirements 18 303 -5.1.1 General 18 303 -5.5 Finishing 18 303 -5.5.1 General 18 303 -5.5.2 Curb 18 303 -5.5.4 Gutter 18 303 -5.9 Measurement and Payment 19 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 19 308 -1 GENERAL 19 308 -5 IRRIGATION SYSTEM INSTALLATION 20 SECTION 310 PAINTING 21 310 -5 PAINTING VARIOUS SURFACES 21 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 21 310 -5.6.6 Preparation of Existing Surfaces 21 310 -5.6.7 Layout, Alignment, and Spotting 21 310 -5.6.8 Application of Paint 22 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 22 312 -1 PLACEMENT 22 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 23 400 -2 UNTREATED BASE MATERIALS 23 400 -2.1 General 23 400 -2.1.1 Requirements 23 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS LIDO ISLE STREET REHABILITATION PHASE II CONTRACT NO. 4358 INTRODUCTION SP 1 OF 23 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- 5981 -S); (3) the City's (2004 Edition), including Supplements; (4) "GREENBOOK" 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 "GREENBOOK" 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 PLANS AND SPECIFICATIONS. 2 -5.1 General. Add to this section: "The City shall supply no more than five (5) sets of Plans and Specifications for the Contractor's use. Additional copies are the responsibility of the Contractor. The Contractor may elect to reproduce its existing sets, or purchase additional sets directly through the City's reprographics company." 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 raise pavement markers; (4) removing existing pavement; (5) removing existing sidewalk, curb, curb and gutter, cross gutter, driveway approaches, local depressions and curb access ramps; (6) grinding (cold mill), reconstructing and overlaying roadway; (7) constructing sidewalks, curb, curb and gutter, cross gutter, driveway approaches, local depressions, curb SP2OF23 access ramps; (8) pruning trees and installing tree root barriers; (9) adjusting utility and survey facilities; (10) installing traffic striping, pavement marks, curb painting, and raised pavement marking; (11) coordinating with outside utility owners to have facilities raised to grade and (12) other incidental items to be completed in work place required by the Plans and Specifications." 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 surveyors for this project are Coast Surveying and Walden & Associates and can be contacted at (714) 918 -6266 and (949) 660 -0110 respectively. 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 Surveyors 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 ............. ............................... 15 2) Materials ........ ............................... 15 SP3OF23 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor." SECTION 4--- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in 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 Contractors 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 and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall 'adjust or remove and replace and adjust to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. Additionally, the Contractor shall adjust to grade Telephone vaults and/or manholes. SP 4 OF 23 The Contractor will be required to contact Southern California Edison, The Gas Company, cable television, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all manhole covers and frames from existing facilities that are replaced at the direction of the City. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3432. 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 60 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. SP5OF23 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 1sk (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 4"', the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24"', (Christmas Eve), December 25"' (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 Monday is a holiday. If January 13r, July 4m November 11th, December 24"', December 25 or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are generally limited to 7:30 a.m. to 4:30 p.m. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the City and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly, preplanned, and continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SP6OF23 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. 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 on the Lido Island Streets shall take place in the following order: 1. Via Koron from Via Lido Soud to Via Lido Nord 2. Via Jucar from Via Lido Soud to Via Lido Nord 3. Via Ithaca from Via Lido Soud to Via Lido Nord 4. Via Havre from Via Lido Soud to Piazza Lido 5. Via Grazina from Via Havre to Via Lido Nord 6. Via Genoa from Via Lido Soud to Via Lido Nord 7. Piazza Genoa from Via Lido Soud to Via Genoa 8. Piazza Lido from Via Florence to Via Koron 9. Via Fermo from Via Lido Soud to Via Firenze 10. Via Firenze from Via Lido Soud to Via Lido Nord 11. Via Florence from Via Lido Soud to Piazza Lido 12. Via Eboli from Via Lido Soud to Via Lido Nord 13. Via Dijon from Via Lido Soud to Via Lido Nord 14. Via Cordov from Via Lido Soud to Via Lido Nord a 15. Via Barcelona from Via Lido Soud to Via Lido Nord 16. The alley just north of Via Antibes between Via Lido Soud and Via Lido Nord 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 (7) calendar days notice of the time it 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. 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. City must approve any nighttime work in advance. 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 - 3432." SP7OF23 7 -8 PROJECT SITE MAINTENANCE 7 -8.4 Sanitation. Add to this section: "Secondary containment shall be provided with portable toilets." 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.5.1 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 http://www.city.newi)ort-beach.ca.us/pubworks/links.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. SP8OF23 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 7 -10 and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in 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 a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: SP9OF23 1. Emergency vehicle access shall be maintained at all times 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the 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. 7 -10.7 Notices to Businesses and Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the Notice to the Contractor for distribution. SP 10 OF 23 Forty -eight hours prior to the start of construction, the Contractor shall distribute to the 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. Contractor shall install a changeable message sign for each travel direction on Via Lido at least one (1) week ahead of the start of work along that segment to use alternate routes during construction. Contractor shall coordinate location of sign(s) with the City. 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 RECORD/ "AS BUILT" DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. 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 The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not SP 11 OF 23 separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes construction traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Surveying Services: Work under this item shall include surveying including restoring all survey monuments and centerline ties disturbed, construction staking, and all other 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. 4 Remove and Construct P.C.C. Type A Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Curb height shall match existing and gutter width shall be 18 inches. Item No. 5 Remove and Construct P.C.C. Type B Curb: Work under this item shall include removing and disposing of the existing curb, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 6 Remove and Construct P.C.C. Rolled Curb and Curb: Work under this item shall include removing and disposing of the existing or curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. SP 12 OF 23 Item No. 7 Remove and Construct 8 -Inch Thick P.C.C. Cross Gutter and /or Spandrel: Work under this item shall include removing and disposing of the cross gutter and /or spandrel, subgrade compaction, placing crushed miscellaneous base, base compaction, constructing 8 -inch thick P.C.C. cross gutter and /or spandrel, 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. 8 Remove and Construct 4 -Inch Thick Colored P.C.C. Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk, subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk, and all other work items as required to complete the work in place. Additionally, the Contractor shall verify and provide color to match existing P.C.C. sidewalk. Color shall be Chromix Adobe Tan No. C -21 as manufactured by L.M. Scofield Company. Item No. 9 Cold Mill Asphalt Pavement (Variable Depth — 0.17' - 0.25'): Work under this item shall include cold milling the asphalt roadway to a depth below existing finished grade as shown on the drawings, temporarily lowering vault lids, valve covers, sewer cleanouts, utility handholes and all other above ground utilities as necessary so that the area can be cold milled to the design depth in a continuous pass through the work area and all other work items as required to complete the work in place. Item No. 10 Cold Mill Asphalt Pavement (Variable Depth — 0.01' - 0.33'): Work under this item shall include cold milling the asphalt roadway to a depth below existing finished grade as shown on the drawings, temporarily lowering vault lids, valve covers, sewer cleanouts, utility handholes and all other above ground utilities as necessary so that the area can be cold milled to the design depth in a continuous pass through the work area and all other work items as required to complete the work in place. Item No. 11 Construct AC Cap (Finish) Course: Work under this item shall include constructing 2 -inch thick GP 64 -10 asphalt pavement overlay, tack coating and all other work items as required to complete the work in place. Item No. 12 Remove and Replace Water Valve Box Frame and Cover and Adjust to Grade: Work under this item shall include removing and replacing the box frame and cover per CNB STD -511 -L and adjusting as necessary during paving operations and all other work items as required to complete the work in place. Item No. 13 Adjust Manhole Frame and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operation, of all manhole frame and cover to grade and all other work items as required to complete the work in place. Item No. 14 Remove and Replace Existing Sewer Main Cleanout Frame and Cover and Adjust to Grade: Work under this item shall include removing and replacing the frame and cover per CNB STD -511 -L and adjusting as necessary during paving operations and all other work items as required to complete the work in place. SP 13 OF 23 Item No. 15 Remove and Install Electrical Pull Box: Work under this item shall include removing the existing pull box and installing in new location. Contractor to coordinate with City to determine location and necessary wire pull. New pull box frame and cover shall be adjusted as necessary. Pull box frame and cover shall be per City of Newport Beach standards and all other work items as required to complete the work in place. Item No. 16 Remove and Replace Water Meter Box and Cover to Grade: Work under this item shall include removing and replacing the existing water meter frame and cover to grade per CNB STD -502 -L or per CNB STD -503 -L and all other work items as required to complete the work in place. Item No. 17 Adjust Survey Monument Frame and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operations, survey monument frames and covers to grade and all other work items as required to complete the work in place. Item No. 18 Remove and Construct P.C.C. Access Ramp: Work under this item shall include removing and disposing of the existing improvements and constructing P.C.C. access ramps and all other work items as required for performing the work complete and in place. Item No. 19 Remove and Construct P.C.C. Driveway Approach: Work under this item shall include removing and disposing of existing improvements and constructing P.C.C. driveway approach and all other work items as required for performing the work complete and in place. Item No. 20 Remove and Reinstall Curb Drain: Work under this item shall include removing and reinstalling existing curb drains and all other work items as required to complete the work in place. Contractor shall provide all necessary fitting to match existing. Item No. 21 Prune Tree Root and Install Root Barrier: Work under this item shall include root pruning and disposal per Section 308 -1, removal and disposal of excess soil, providing and installing root barriers per Section 308 -1, restoring existing improvements damaged by the work, and all other work items as required for performing the work complete and 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. 22 Remove and Replace Electrical Pull Box Frame and Cover and Adjust to Grade: Work under this item shall include removing and replacing the frame and cover per City of Newport Beach standards and adjusting as necessary during paving operations and all other work items as required to complete the work in place. SP 14 OF 23 Item No. 23 Traffic Striping: Work under this item shall include installing traffic striping, pavement markers, curb painting and markings and all other work items as required to complete the work in place. Item No. 24 Adjust Telephone Manhole Frame and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operation, of all manhole frame and cover to grade and all other work items as required to complete the work in place. Item No. 25 Record Drawings/ As Built Plans 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." SECTION 203 - -- BITUMINOUS MATERIALS 203 -6 ASPHALT CONCRETE 203 -6.1 General. Delete the second paragraph in this section and replace with the following: "Asphalt Base Course shall be Type III -B -2 PG 64 -10 (III- 132 -AR- 4000). Asphalt Surface Course shall be Type III -C -3 PG 64 -10 (III- C3 -AR- 4000). Asphalt binder shall comply with the Performance Grade specifications of 203 -1." 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 CNB STD - 902 -L." SP 15 OF 23 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 300 -1.3.2 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. Approximate area of removal and replacement is 171,815 square feet." 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 "V/2 '/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 16 OF 23 SECTION 301 --- TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF BASE MATERIALS 301 -1 SUBGRADE PREPARATION. 301 -1.6 Adjustment of Manhole Frame and Cover Sets to Grade. Delete the first and second sentence of the first paragraph and add to this section: "The Contractor shall adjust to finish grade City -owned facility, such as, water meter boxes, water valve covers, pull boxes, sewer manholes, sewer cleanouts, storm drain manholes and survey monuments. The Contractor shall replace existing water valve covers, pull boxes and sewer cleanout with new frame and cover per City standards. If it has been determined by the Engineer that an existing frame and cover is in disrepair the Contractor shall remove and install a new frame and cover with type and size per City standards or at the direction of the Engineer and adjust as necessary Payment for frame and cover removal and new frame and cover installation shall be considered extra work and paid per 3 -3. The Contractor shall salvage all existing frame and covers (including grade rings), meter or valve box covers that have been replaced. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718 -3402. The Contractor shall contact and coordinate with Utility- owned, such as, Southern California Gas Company (SCG), Southern California Edison (SCE), AT &T, Cable television (CAN), and any other utility to have its respective existing facilities adjusted to finish grade. The Contractor shall notify each Utility -owned representative at least five (5) working days in advance of the need to commence work required prior to paving operations and again for work required after paving operations. The Contractor shall mark all locations of Utility -owned facilities where adjustments shall be made after paving. Contract extension will not be granted due to delay in said facility adjustment." 301 -1.7 Payment. Replace the third and fourth paragraphs of this section with: "Payment for adjusting to finish grade shall be considered to be included in the contract unit price for each City -owned facility adjusted and no other compensation will be allowed." 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 111 -B2 -AR -4000. All SP 17 OF 23 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 (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1-Y2 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. Prior to placement of asphalt concrete, a tack coat of SS1 H emulsified asphalt shall be applied to all contract surfaces. An asphalt leveling course shall be applied in accordance with the Plans and /or as directed by the Engineer. An automatic leveling device shall be used on the paver unless omitted by the Engineer. Longitudinal joints between successive paving runs shall coincide with the traffic lanes lines. Contractor will be provided with Striping Plans for those roads where the striping will change prior to the start of work. Local streets will not be striped except for special cases for which Striping Plans will be provided. All other roads will be striped to match the existing pattern." 302 -5.2 Cold Milling Asphalt Concrete Pavement. 302 -5.2.1 General. Replace the last sentence in the first paragraph with: "The surface tolerance permitted as measured along a 10 foot straight edge shall be 3/8 inch laterally (except in crown areas) and 3116 inch longitudinally. If in the judgment of the Engineer, the joint cut varies from a straight line or ravels excessively; the longitudinal joint may be required to be saw cut. The Contractor shall protect all existing facilities during the planning operation and repair or replace any damage facilities. These existing facilities shall include but not be limited to: A. Concrete curbs, gutters, driveways and sidewalks. B. Roadside signs. C. Trees and shrubs adjacent to the Work area. D. Utility lines, vaults, manholes, valves and signal detector loops." 302 -5.2.2 Equipment. Add to this section: "The planning machine shall plane without tearing or gouging the underlying surface, shall be adjustable as to crown and depth by tilting the drum axis, and shall be capable of cutting sharp straight longitudinal edge joints in the pavement." 302 -5.4 Tack Coat. Add to this section: "Prior to placing asphalt concrete, a tack coat of Type SS1H asphaltic emulsion at a rate not to exceed one —tenth (1/10) of a SP 18 OF 23 gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement 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. and brick 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. Sidewalk scores shall match existing. Color shall be Chromix Adobe Tan No. C- 21 as manufactured by L.M. Scofield Company. Contractor shall coordinate with City before ordering colored P.C.C. P.C.C. shall be replaced per 300- 1.3.2." 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 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." SP 19 OF 23 303 -5.9 Measurement and Payment. Add to this section: "Payment for the construction or removal, respectively, of concrete curbs, gutters, curb ramps, cross gutters, v- gutters, local depressions, driveway approaches, alley approaches, and sidewalk shall be made as shown on the Plans. Such price shall constitute full compensation for all equipment, materials, labor, and incidentals necessary for the construction or removal of said item, and shall include, but not be limited to: any required saw cutting, removal and disposal of said items, the reconstruction of curb drains, the replacement of water meter boxes or pull boxes damaged during the removal of existing improvements and /or the construction of proposed improvements, and the adjustment of existing utilities and other improvements located within the area of work in order to match the proposed finished surfaces and grades as indicated in the Project Plans and /or Specifications. Additionally, all depressed curb and gutter, and concrete sidewalk located within the limits of the new curb ramp or driveway /alley approach shall be considered as part of said ramp or approach and shall be paid for at the contract unit price bid for each item, respectively.* SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned of removed unless this submittal is returned to the Contract as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway ((949) 644 -3083) at the site to discuss City standards and requirements. The submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut 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 SP 20 OF 23 condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 4. Root Barrier Specification a. The root barrier product shall be polyethylene plastic with ultra violet inhibitors and 0.080" in thickness such as the CP- Series as manufactured by Century Products, Anaheim, CA, (714) 632 -7083. Use CP12 -2 along sidewalk and CP18 -2 along the back of curb. Install root barrier panels one -foot prior and one -foot past the length of each root pruning cut. Top 3" of native material shall be free from rocks or other materials that would interfere with landscape maintenance tasks. b. The product shall be installed per manufacture's specifications. The Contractor shall Remove and Replace or Protect in Place Existing Irrigation line (including heads) and electrical lines." 308 -5 Irrigation System Installation. Add to this section: "Contractor shall furnish all labor, materials, appliances, tools, equipment facilities, transportation, and services necessary for and incidental to performing all operations in connection with the repair of the landscape irrigation system complete, as described herein. Manufacturer's Directions: 1. Manufacturer's directions and detailed drawings shall be followed in all cases where the manufacturer of articles used in the contract furnish directions covering points not shown in the drawings and specifications. Ordinance and Regulations: 1. All local, municipal and state laws and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made part of these specifications and their provisions shall be carried out by the Contractor. Anything contained in there specifications shall not be construed to conflict with SP 21 OF 23 any of the above rules and regulations or requirements of the same. However, when these specifications and drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, the provisions of these specifications and drawings shall take precedence. Contractor Responsibilities: 1. A qualified superintendent shall be present on the site at all times during the progress of the work. The superintendent shall be fluent in the English language. 2. The Contractor shall train each person in techniques for making correct solvent and rubber gasket joints prior to their performing work on the site. 3. The Contractor shall protect work and materials from damage during construction and storage. Polyvinyl Chloride, (PVC) pipe and fittings shall be protected from dirt and sunlight 4. The Contractor shall assume responsibility for damage to existing construction and shall restore damaged property to the original condition to the satisfaction of the City. 5. The Contractor shall handle plastic pipe and fittings carefully and store undercover to avoid UV or other damage. 6. Immediately notify the City in case of discrepancies. 7. Do not proceed with installation in areas of discrepancy until all such discrepancies have been resolved. If the Contractor provides and installs material or performs work without resolving such discrepancies, the Contractor shall be fully responsible for removing, restocking and re- installation of such areas until all discrepancies are resolved to the City's satisfaction. SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior its work by a method approved by the Engineer." 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layouts, alignments, 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 I SP 22 OF 23 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 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 Contractors 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." . 1 \. SP 23 OF 23 J_l:ii! 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." TO: 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 May 11, 2010 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega, Senior Civil Engineer 949 - 644 -3347 or parciniega @newportbeachca.gov SUBJECT: LIDO ISLE PAVEMENT REHABILITATION PHASE II — AWARD OF CONTRACT NO. 4385 1. Approve the project drawings and specifications. 2. Award Contract No. 4385 to All American Asphalt for the Total Bid Price of $572,572.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $57,257.00 to cover the cost of unforeseen work. 4. Approve Budget Amendment No. BA10 -_ appropriating $5,500 from the unappropriated water reserve fund to Account No. 7503- C2002032 and appropriating $38,500 from the unappropriated sewer reserve fund to Account No. 7531- C2002032. DISCUSSION: At 11:30 A.M. on Tuesday April 20, 2009 the City Clerk opened and read the following two bids for this project: BIDDER Low All American Asphalt 2 Pave West 3 Sequel Construction Inc. 4 B &T Works Inc. 5 Elite Bobcat Service 6 Hillcrest Construction, Inc. 7 Palp, Inc. 8 R. J. Noble Co. TOTAL BID AMOUNT $572,572.00 $600,612.50 $643,709.50 $657,944.90 $660,284.90 $669,685.90 $698,333.00 $713,571.20 * Bid read as $601,612.50 ** Bid read as $643,709.00 ** *Bid read as $687,944.90 * *** 0 0 Lido Isle Pavement Rehabilitation Phase II C-4385 May 11, 2010 Page 2 The low total bid amount is 12% lower than the Engineer's Estimate of $650,000. The low bidder, All American Asphalt, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of All American Asphalt's references indicates satisfactory completion of similar projects for other public agencies. The work necessary to complete this contract consists of cold milling and overlaying of AC pavement, curb and gutter and sidewalk reconstruction, cross -gutter reconstruction, ADA ramp installation, root barrier installation where needed and painting and striping as necessary. Pursuant to the Contract Specifications, the Contractor will have 60 consecutive working days to complete the work. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1(c) of the CEQA Guidelines. This exemption covers the minor 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, City - prepared notices will be distributed by the Contractor to residents on adjacent streets. Geotechnical Services: In addition to the contract costs, approximately $7,615.00 in consulting geotechnical services is estimated for this project and will be performed under the on -call professional services agreement with Harrington Geotechnical Engineering, Inc. Funding Availability: With approval of the budget amendment authorizing the use of water and sewer funds for this project, sufficient funds are available in the following accounts: Account Description Account Number Amount Traffic Congestion Relief (Prop. 42) 7191- C2002032 $ 594,444.00 Water Fund 7503- C2002032 $ 5,500.00 Sewer Fund 7531- C2002032 $ 38,500.00 Total: $ 638,444.00 Proposed uses are as follows: Vendor All American Asphalt All American Asphalt Harrington Geotechnical Eng. Inc. Various Prepared by: W—J2 Patrick Arcinieg Senior Civil Engineer Attachments: Project Location Map 0 Lido Isle Pavement Rehabilitation Phase II C -4385 May 11, 2010 Page 3 Purpose Construction Contract Construction Contingency Geotechnical Services Printing and Incidentals Total: Submitted Amount $ 572,572.00 $ 57,257.00 $ 7,615.00 $ 1,000.00 $ 638,444.00 Director Ci*f Newport Beach BUDGET AMENDMENT 2009 -10 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues NX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: • NO. BA- 10BA -044 X10 AMOUNT: $44,000.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations from unappropriated Water Enterprise Fund fund balance and increase expenditure appropriations from unappropriated Wastewater Enterprise Fund fund balance due to the award of the contract with All American Asphalt for Lido Isle Pavement Rehabilitation Phase II. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 500 3605 Water Fund - Fund Balance 530 3605 Wastewater Fund - Fund Balance REVENUE ESTIMATES (3601) FundlDivision Account EXPENDITURE APPROPRIATIONS (3603) Description Division Number Account Number Signed: g, -z!/t Financial Signed: Signed: Administrative Services Director Administrative Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $5,500.00 " $38,500.00 $5,500.00 $38,500.00 D e Date Date Description Division Number 7503 Water: Pumping and Operating Account Number C2002032 Udo Isle Street Rehabilitation Division Number 7531 Sewer Main Replacement Account Number C2002032 Lido Isle Street Rehabilitation Division Number Account Number Signed: g, -z!/t Financial Signed: Signed: Administrative Services Director Administrative Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $5,500.00 " $38,500.00 $5,500.00 $38,500.00 D e Date Date