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HomeMy WebLinkAboutC-5077 - 15th Street Rehabilitation from Old Newport Boulevard to Redlands AvenueOFFICE OF THE CITY CLERK Leilani I. Brown, MMC November 27, 2013 All American Asphalt P.O. Box 2229 Corona, CA 92878-2229 Subject: 15"' Street Rehabilitation from Old Newport Boulevard to Redlands Avenue —C-5077 Z• On November 27, 2012 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 65 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 January 2, 2013. Reference No. 2013000001990. Fidelity and Deposit Company of Maryland and Enclosed is the Faithful Performance Bond. Sincerely, �,f, �-- ern. Leilani I. Brown, MMC City Clerk Enclosure Orange County Recorder on The Surety for the contract is the bond number is 7630597. 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach„ California 92658-8915 Telephone: (949) 644-3005 - Fax: (949) 644-3039 • www.newportbeachea.gov (:a . • t," Premium: $1,198.00 Premium is for contract term and is subject to adjustment based on final contract price Executed in 2 Counterparts City of Newport Beach t; ontract No, 5077 BOND No, 7696597 FAITHFUL PERFORMANCE BONA The premium charges on this Bond is $1,198.00 being at the rate of $ 3.95 thousand of the Contract price. 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 15TH STREET RENA131LITATIION FROM OLD NEWPORT BOULEVARD TO REDLANDS AVENUE, Contract Na, 8077 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. 5077 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 Three Hundred Three Thousand, Threat Hundred Three and 001100 Dollars ($305,303.00) 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 ail 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 some, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 29 As a part of the obligation secured hereby, and in addition to the face amount specked 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 band 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 28th day.of June 2012. 2,012. All American Asphalt (Principal) `;p - brizeeditnaatun e. t, Fidelity and Deposit Company of Maryland Name of surety 777 S. Figueroa Street, Suite 3900 Los Angeles, CA 90017 Address of Surety (213) 270-0600 Telephone Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 30 ACKNOWLEDGMENT •Y./sY..pwu.....w.Yll/.r Y.A. uYs..ull//Y.swwussss R.wwr rYs.w/rlr. wrwru/... wr.. "Please See Attached" 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 capecity(iss), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 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 I Secretary I Treasurer Other. Other Information: 31 (seep Thumbprint of Signer ❑ Check here If no thumbprkrt W fingerprint Is available. ACKNOWLEDGMENT YRY\/RR.RR/YR..*Rose ... R\/\..Roman BROWN Rod.." I as Y..YR as".. am Bob.. MR\R a YY/\YR R1 a qltas 56e)gj- nM �iII State of California County of ss. On before me„ Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person($) whose name(s) islare subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in histherftheir authorized capacitypes), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature (seal) YRRRR//f RRRRR\/YY RYY\//Yf.RRRR\\n YRRRYR•\inRRY.R\\\YYRRR//f YYRR.\//Y \YRRRYR//R1 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 ICOO President I Urce-President I Secretary t Treasurer Other: Other Inforinatlon: 32 Thumbprint of Signer 0 Ghees hers if no thumbprint ortingarprint Is available. tiw.r. ,�.+iv�. w„".. �try u_.•:4s.a>.H-<,.,L,^avan�'t�_�:n:v>s.: a. a./es,.a<,:�:b,.-.�cvc....�e_a �. •at~ s.: '..:i.ea .5 .��.a, a•ca:n State of California County of Orange On 6/28/2012 before me, A. Wilkison, Notary Public Date No. keen Nam anE M d,e officer personally appeared Rebecca Haas -Bates Name(s) of Sgnegal who proved to me on the basis of satisfactory evidence to be the persons) whose name(e) islam subscribed to the within instrument and acknowledged to me that +mishe/W" executed the same in+fia'her/thdr authorized capact *"), and that by hislherrlreis signature(4 on the instrument the person(ft or the entity upon behalf of ++�[ which the persons} acted, executed the instrument. A. WILKISON Commission # 1866283 C I certify under PENALTY OF PERJURY under the laws z =`a Notary Public - California z of the State of California that the foregoing paragraph is Orange County s my Comm. Seip 26,*D13 true and correct. �C WITNESS my ha(nyd and official seal. Signature. 'A Place Notary S” Above Signature of Notary PUDIC OPTIONAL Though the irNormation below is not requtrad by law, it may prove valuable. to persons raying on the document and could prevent fraudulent rem vat and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Faithful Performance Bond No. 7630597 Document Date: 6/28/2012 Number of Pages: Four (4) Signer(s) Other Than Named Above: All American Asphalt Capecity(les) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates Signer's Name:__„_ ❑ Individual ❑ Individual Corporate Officer —Title(s): _ ❑ Corporate Officer — Title(s): ❑ Partner— L Limited 0 General n Partner — O Limited ❑ General Attorney in Fact 111111M ❑ Attorney in Fact NORM Trustee Top of thumb nate C Trustee Top Of thumb here E Guardian or Conservator � Guardian or Conservator L Other: C Other: Signer Is Representing: _.. Signer Is Representing: Fidelity and Deposit Company of Maryland u 9200'!Nadonal AbldrY Aesorietian•g3:,U De Sob Ave..P.U.Sox 24g2•GalwrorU,,CA 91313-240Z•wwrxNalbnalNotaryorg tam#5907 Reorer.CalfToll-Free1-800A7&&Q7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside on July 2, 2612 before me, Debbie Matsen. Notary Public Date Here haenname acid Tina of the Officer personally appeared Robert Bradley Namaj/r of S91Wa) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) Were subscribed to the within instrument and acknowledged to me that heishekhey executed the same in -.—_ _ _ _ _ � hisrlieNtheir authorized capacity(ies), and that by his gsir DEBBIE MATSEN signatureW on the instrument the person(g), or the entity upon behalf Commission N 1958174 z of which the person(.*) acted, executed the instrument. ±ai Notary Public - California Z Riverside County I certify under PENALTY OF PERJURY under the laws of the State of M Comm. Expires Nov 22, 2015 California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signaturej04 Place Notary Seal Above sionaaeo or Notary Pub 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 Faitbful Performance Bond. City of Newport Beach Document Date: June 2$ 2012 Number of Pages: 4 Pages Signeroif other Than Named Above: Fidelity and Deposit Company of at Capacity(iaa}Ciaimed by Signer(of Signer's Name: Robert Bradley ❑ Individual XCorporate Officer — Title): Vice President ❑ Partner— ❑Limited ❑ General ❑ Attorney in Fad ❑ Trustee ❑ Other: Signer is Representing: _ All American Asphalt Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Partner— o Limited ❑ General ❑ Attorney in Fad n Trustee ❑ Other: Signer is Representing: OFFICE OF THE CITY CLERK Leilani I. Broom, MMC March 8, 2013 All American Asphalt P.O. Box 2229 Corona, CA 92878-2229 Subject: 15th Street Rehabilitation from Old Newport Boulevard to Redlands Avenue - C-5077 Dear All American Asphalt: On November 27, 2012, 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 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on January 2, 2013, Reference No. 2013000001990. The Surety for the bond is Fidelity and Deposit Company of Maryland and the bond number is 7630597. Enclosed is the Labor & Materials Payment Bond. Sincerely, A� Z`rAw\,-- Leilani 1. 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 Premium included in` Performance Bond Bond No. 7630597 Executed in: 2 Counterparts City of Newport Beach Contract No. 5077 BOND NO. 7630597 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 dessignated, as the "Princlpal," a contract for construction of iSTH STREET RixHABILITATiON FROM OLD NEWPORT BOULEVARD TO REDLANDS AVENUE, Contract No. 5077 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. 5077 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, 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 Three Hundred Three Thousand, Three Hundred three and 001100 Dollars ($303,303.00) 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, lire 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 worts 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. 33 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 at. 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 shad 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 thew 28th day of June 2012, All American Asphalt (Principal) Fidelity and Deposit Company of Maryland Name of Surety 777 S. Figueroa Street, Suite 3900 Los Angeles, CA 90017 Address of Surety (213) 270-0000 Telephone uthorizdig natuefr� wr �1&141 it IN tMA& Rebecca Maas -Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 34 ACKNOWLEDGMENT ;gpiiq;#iRgBingRi;;gitligi q;qq;#gRi;;giq;gii;giigq Rq;q#Rq;;ii;;pi;q Yi; RRiigDDq R� "'Please See Attached` State of California County of On before me, Public, personally appeared Notary proved to moon 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 helshetihey executed the same In his/her/their authorized capacity(ies), and that by histhedtheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seoi) ;;RR;fiRp YR!lRRif RRIY#RCM#R#R;R##;fi!#R#RLR##Ri#Rii RRDY;RtYRRDYaR#YRRRR;R#t#R#qR1 OPTIONAL WFORMATION 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 IdentificaiSon Paper identification Credible Witness(es) Capacity of Signer: Trustee Power. of Attomey CEOICFO1COO President Vice -President t Secretary! Treasurer Other. Other information: 35 Thumbprint of Signer © Check hereff no thumbprint ortIngerprint Is svatlobte. ACKNOWLEDGMENT RRRYRpYY/R RRYYRNo RH RYRRRRYYR.was,YYRYYYBRYRY YY YIRRR/YYORq/p YYRYYYYYYRRRYRtl Yq Rl� 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($) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/herkheir authorized capacilly(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person($) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. Signature (seat) RRR YYRfRYYYYYRY YIYYIRYYYRRRIRYYYHYR�tltl Rq HYq YRH/tlYYR/YYaRYYYY4RYY YYY Y/YYYYRYR6RR OPTIONAL INFORMATION Date of Document Type or Tltte 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 .CEO1CF0/COO President t Vice -President I Secretary 1 Treasurer Other: Otherinformation: 0. Thumbprint of Signer ❑ check here if no thumbprint or fegarprint is avallable. State of California County of Orange On 6/28/2012 before me, A. Wlkison, Notary Public gala Here need Name arM Tafe.f the Otecet personally appeared Rebecca Haas -Bates rte®- - - - u - - A. WILKISON Commission # 1866283 ..`�.. Notary Public - California z Orange County D Comm. Expires Sep 26, 2013 who proved to me on the basis of satisfactory evidence to be the persons) whose names) islare subscribed to the within instrument and acknowledged to me that 4ielshel" executed the same in ittsfherftheir authorized capacity(I"), and that by His/herMeia: signature(4 on the Instrument the person(*, or the entity upon behalf of which the person(st 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. 66' Piaoe Notary Seal Above Signature Signature of Notary P. uric .rye OPTIONAL Though the information below is not required by law, It may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Labor and Materials Payment Bond No. 7630537 Document Date: „6/28/2012 Number of Pages: four (4) Signer(s) Other Than Named Above: All American Asphalt _ Capaclty(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Individual Corporate Officer—Title(s): _ 0 Partner —0 Limited O General Attorney in Fact D Trustee Guardian or Conservator Other:.. Signer is Representing: _. Fidelity and Deposit Company of Maryland {tiGtii #'HtlMa#S'#tStT I : oe s�sNBts Signer's Name:. O Individual O Corporate Officer --Title(s): _ O Partner —O Limited r" General O Attorney in Fact ❑ Trustee O Guardian or Conservator O Other:_._., Signer Is Representing:_ iatGPrtiHtlM�FiaYT '€fF StCvNEfi l 02007 Naaanal Notary Assocution. 93W De Sero Ave.. P.O. Box 24U'Chaam llv. CA 91313.2402-w Nalhv a looisryor9 Ilem asZ7 Reo dar, ag Toll Frae l-an0.87frv827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT personally appeared Robert Bradley NameyA of Signero who proved to me on the basis of satisfactory evidence to be the personA whose name(p) isle% subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in r� ` " " " hiskter/Nheir authorized capacity(iesj, and that by his/herkheiF— DEBBIE MATSEN si nature on the instrument the person o, # 1958174 g P (sl, or the entity upon behalf `v Notary Public . California Z of which the person((4 acted, executed the instrument. Riverside County s M Camm. Ex tres Nov 22, 2015 I certify under PENALTY OF PERJURY under the laws of the State of +wrw►+rw+y. California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signaturc_____SC-�1,�,�a���Jf�y„ Race Nawry Seat Above Signature- of dowry Pubic OPTIONAL Though the information below is not required by law, d 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 Labor and Materials Payment Bond. Cit} of Newport Beach Document Date: June 28.2012 Number of Pages: 4 Pages Signer(i6 Other Than Named Above: Fidelity and Deposit Company of Maryand Capacity(iegj Claimed by Signer(sf Signer's Name: Robert Bradley o Individual ACorporateOfficer —Titley: Vice President ❑ Partner— n Limited o General o Attorney in Fact ❑ Trustee o Other. Signer is Representing: _ All American Asphalt Signer's Name: o Individual ❑ Corporate Officer—Title(s): _ ❑ Partner— o Limited o General n Attorney in Fact u Trustee n Other: Signer is Representing: Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, 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, Se ADAIR and P. BAUER, all of Glendale, California, EACH its true and la ne f execute, seal and deliver, for, and on its behalf as surety, and as its a n > ertakings, and the execution of such bonds or undertakings in pursuanceR_,h_a14i said Company, as fatly and amply, to all intents and purposes, as if the recutI by the regularly elected officers of the Company at its office in Baltimo th ' Eby power of attorney revokes that issued on behalf of Richard ADAIR, P. BAUERi1S a ee n}gryThe said Assistant=5os certify that the extract set forth on die 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 27th day of June, A.D. 2011. ATTEST: �p 9fYpyf t � a tfM t q`War.� State of Maryland 1 ss: City of Baltimore J FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: Frank E. Martin Jr. Vice President On this 27th day of June, A.D. 2011, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2015 [072e91106 P016310 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages.... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 28th day of June 2092 Assistant Secretary /1 o R corded in Official Records, Orange County e Assistant Clerk -Recorder RECORDING REQUESTED BY ANDI I I I IIIIIIIIIIIIIII�IIIIIIII�IIIIIIIII�IIII III NO FEE WHEN RECORDED RETURN TO: ZU13$ 0 0 5 6 3 7 a a 6$ �13(2'Qd03 9:56 am 02128113 City Clerk 76 422 N12 1 1rd"O 0.00 0.00 0.00 0.00 0.00 0.00 City of Newport Beach Cl I f �CITY Cu E'RKC � 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, ,P Newport Beach, California, 92663, as Owner, and All American Asphalt. of Corona, CA, as Contractor, entered into a Contract on July 10, 2012. Said Contract set forth certain improvements, as follows: 15th Street Rehabilitation From Old Newport Boulevard to Redlands Avenue C-5077 Work on said Contract was completed, and was found to be acceptable on November 27, 2012, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. BY _L,1,_7,eZZ � Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. /r - Executed on VV �" / , at Newport Beach, California. BY City Cle RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 This Document, � electronically recorded by CR _juth County A Recorded in Official Records, Orange County Renee Ramirez, Assistant Clerk -Recorder 1111111111111111111111111111111111111111111111111 1IIINO FEE 2013000001990 01:33pm 01/02/13 66 401 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and All American Asphalt. of Corona, CA, as Contractor, entered into a Contract on July 10, 2012. Said Contract set forth certain improvements, as follows: 15th Street Rehabilitation from Old Newport Boulevard to Redlands Avenue - C-5077 Work on said Contract was completed, and was found to be acceptable on November 27, 2012, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. BY�� Public Works irector City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �1/r 1On �t4 v , at Newport Beach, California. BY ►� �1 City Clerk g�. ' I ORS . OFFICE OF THE CITY CLERK Leflani I. Brown, MMC November 28, 2012 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: • 15th Street Rehabilitation From Old Newport Boulevard to Redlands Avenue — • C-5077 • Jamboree Road Bridge Widening Over State Route 73 - C-3724 Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, Leilan! I. Brown, MMC City Clerk Enclosures 3300 Newport Boulevard - Post Office Box 1768 - Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 - www.ciry.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, CA, as Contractor, entered into a Contract on July 10, 2012. Said Contract set forth certain improvements, as follows: 15th Street Rehabilitation From Old Newport Boulevard to Redlands Avenue C-5077 Work on said Contract was completed, and was found to be acceptable on November 27. 2012, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. f -M Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on IJV*2' at Newport Beach, California. BY �---� City Cle NgW RT U a.. rY<tt{}µN* �gWPO,QT CITY OF NEWPORT BEACH City Council Staff Report C:' Agenda Item No. 7 November 27, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Patrick Arciniieegaa, Senior Civil Engineer APPROVED: TITLE: VP Street Road Rehabilitation Project — Old Newport Boulevard to Redlands Avenue - Notice of Completion and Acceptance of Contract No. 5077 ABSTRACT: On July 10, 2012, the City Council awarded Contract No. 5077 for the 15th Street Road Rehabilitation project to All American Asphalt for a total contract cost of $303,303.00 plus a 15% allowance for contingencies. The required work is now complete and staff requests City Council acceptance and close out of the contract. 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 65 days after the Notice of Completion has been recorded in accordance with the applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after Council acceptance. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following accounts Account Description Account Number Amount Gas Tax 7181-C2002042 $157,897.35 Water Enterprise Fund 7511-02002042 $8,910,00 Measure M Turnback 7281-C2002042 $34,371.45 Contributions Costa Mesa 7251-C2002042 $108,375.51 Total Construction Cost: $ 309,554.31 15th Street Road Rehabilitation Project — Old Newport Boulevard to Redlands Avenue - Notice of Completion and Acceptance of Contract No. 5077 November 27, 2012 Page 2 DISCUSSION: Overall Contract Cost/Time Summary Contract Award Final Cost at Benchmark Actual Contract Time Amount Completion Target Contract Time Linder (-} ? _1 (days) i or Over t $303,303.00 $309,554.31 15% or less 2.111, 30 6 The work necessary to complete this contract consisted of cold milling and paving 15" Street and installing a median in front of Newport Heights Elementary School. The median island corrected a severe cross -grade problem at the entrance to the school parking lot. Prior to the improvement, cars had a difficult time negotiating the driveway without bottoming out on the pavement. Now the ingress and egress of the parking is much safer. The contract also provided for concrete repairs to sidewalks, drive approaches and ADA ramps. Repairs Costa Mesa's side of 15th Street were funded by the City of Costa Mesa. 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: $ 303,303.00 Actual cost of bid items constructed: $295,252.72 Contract change orders: $ 14,301.59 Final contract cost: $ 309,554.31 The final overall construction cost, including one change order, was approximately 2.1% above the original bid amount. The change order was for additional unclassified excavation for the road reconstruction portion of the job and some additional concrete work. The notice to proceed allowed for 30 working days based on the scope of the work. The project was substantially completed August 30, 2012, which was 6 days ahead of schedu8e. A summary of the project schedule is as follows: Estimated Completion Date per July 2011 Baseline Schedule: September 7, 2012 Project Awarded for Construction: May 8, 2012 Completion Date from Award with Approved Extensions: September 10, 2012 Actual Substantial Construction Completion Date: August 30, 2012 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301(c). This exemption covers the minor alteration of 15th Street Road Rehabilitation Project — Old Newport Boulevard to Redlands Avenue - Notice of Completion and Acceptance of Contract No. 5077 November 27, 2012 Page 3 existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. NOTICING: This agenda item has been noticed according to the Brown Act. In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this a&on. The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Submitted by; Public Works Director/City Engineer Attachment: A. Location Map 3 BELOW LEFT --- n tnl BLVi1 I 4� i OiDNEM1s0 � 11 I vs SANTA �;A A;'E t i I gl IF _ II �I BAN et Rv kKYNO AVE�i t t 1!it iq q; I I I 41 �e ki � 43 Ifi t L�1 WF thMN t;rtA^ : t ify*� Vt i GATA gP F RIGHT 15th Strecat NOT TO SCALE CITY OF NEWPORT BEACH Rphabilltation Project Limits A41• 2` . � 1. 1 �"� I Attachment A i `r vi, C S rl 40(4 Bond NO: 7630597 Premium: $1,198,00 Premium is for contract term and is subject to adjustment based on final contract price Executed in 2 Counterparts City of Newport Beach Contract No. 5077 BOND Np, 7630597 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $1,198.00 being at the rate of $ 3.95 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Alf American Asphalt, hereinafter designated as the "Principal', a contract for construction of 15TH STREET REHABILITATION FROM OLD NEWPORT BOULEVARD TO REDLANDS AVENUE, Contract No. 5077 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. 5077 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 Three Hundred Three Thousand, Three Hundred Three and 001100 Dollars ($305,303.00) 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 aft respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport peach, 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. 29 As a part of the obligation secured hereby, and in addition to the face amount specked 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 28th day.of June 2012 �• Ail American Asphalt (Principal)IX' A horrkedd Siigl Fidelity and Deposit Company of Maryland Name of Surety 777 S. Figueroa Street, Suite 3900 Los Angeles, CA 90017 Address of Surety (213)270-0600 Telephone NOTARY ACKNOWLEDGMENTS OF ATTACHED Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title 30 AND SURETY MUST BE ACKNOWLEDGMENT YfY/b WW PWpAYYY;;WR;WAY YA Yp;YYYYW RWWAAY/YY;pAYtlk;YY;WAAtl YYYWAYAYYWpAAYYY W;W WpYY• "Please See Attached" State of California County of )88. On _ before me, Public, personally appeared Notary proved to me on the basis of satisfactory evidence to be the person($) whose name(s) is/are subscribed to the within instrument and acknowledged to me that ire/she/they executed the same in his/her/their authorized capecity(jes), and that by his/herRtheir signatures($) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. Signature •Ye;RNNYNYYYeWRNNY YMNNYYRNNNY►YeRRRNNY Y►R;ReRNN YN►YN N;RNR►Ntl Y11YAR RRYYYNNYRNNNNI OPTIONAL INFORMA77ON Date of Document Type or Title of Document Number of Pages in Document Document In a Foreign Language Type of Satisfactory Evidence: — Personally Known with Paper identification — Paper Identification —Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/GOO — President / Vice -President / Secretary f Treasurer _,_ Other: Other Information, 31 Thumbprint of Signer [� Check here It no thumbprutt or fingerprint Is availabip, ACKNOWLEDGMENT lfwtlltl4. wxeere Rvv•elvYYwtllevYxtltlr r4.xgP erw4.wm ewY 4Rgw PrvvxvwPmrrvx wewrr4xr Yw xqA State of California County of ss. On before me, Public, personally appeared Notary proved to me on the basis of satisfactory evidence to be the person($) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/hentheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seat) q qq gwtltlq wlx qq wwwY sggglwqww R4gwgtlgwxqqqqwwlll4ggqpww ww xMgtltlq gwxggwwwf wYYggtlw PwxA 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 I CFO / coo President I Vice -President 1 Secretary 1 Treasurer Other: Other Information: 32 Thumbprint of Signer © Check here if no thumbprint or fingerprint is auailabi, State of California County of Orange On 6/26/2012 _ before me, A. Wilkison, Notary Public Date HjFe Insert Name and TKF of the UK., personally appeared Rebecca Haas -Bates A. WIL,KISON Commission # 1866283 i Notary Public - California z Orange County > My Carom. Expires Sep 26, 2fl13 u Place Notary Seal Abwa who proved to me on the basis of satisfactory evidence to be the person(t) whose name(f) is/&m subscribed to the within instrument and acknowledged to me that he/she/tHep executed the same in Ntibertlheir authorized capacityfi"), and that by histherAheisignature(4 on the instrument the person(*, or the entity upon behalf of which the persons), acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal. Signature ____.4 UZ �6—W -� Signatur, e of Notary PUMic rn OPTIONAL Though the information below Is trot required by taw, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Faithful Performance Bond No. 7630597 Document Date: 6/26/2012 Number of Pages: Four (4) Signer(s) Other Than Named Above: All American Asphalt Capacity(les) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates 0 Individual Corporate Officer —Title(s): — Partner — 0 Limited L3 General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: _____ Fidelity and Deposit Company of Maryland I Signer's Name: _.. D Individual 0 Corporate Officer —Title(s): 0 Partner -0 Limited L General D Attorney in Fact ❑ Trustee • Guardian or Conservator 0 Other: Signer Is Representing: ®2C0]Nalional Nglary AeeOCiaGon•9350 De Sgta Ave..P.O.Box 2402•CbxLWtlrtq C0.91313-2402•wvrx NalionalNolargorg Item k590] Reorder. Call TOlLFrea L$00.$]6682] *T T�!(.i+7,i_T�lS;7TI3Z+�Z�3:�I'i'� TtTtl�t personally appeared Robert Bradly Name of Signs" who proved to me on the basis of satisfactory evidence to be the person($) whose name(t) is/are subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in - a _ _ _ - _ _ hislherkheia authorized capacity(ies), and that by his4ieFklaeiP OE88IE MATSEN signature(z) on the instrument the person(s), or the entity upon behalf Commission # 1958174 of which the person($3 acted, executed the instrument. -� Notary Public - California z Riverside County ' I certify under PENALTY OF PERJURY under the laws of the State of My Comm. Expires Nov 22, 2015 California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. SignatureJA`}�lflfi .E.r�O Piave Notary Sea# Abore Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Faithful Performance Bond City of Newport Beach Document Date: June 28, 2012 Number of pages: 4 Pages Signer($] Other Than Named Above: Fidelity and Deposit Companyof Mar} land Capacity(4ee+Claimed by Signer(K Signers Name: Robert Bradley o Individual p(CorporateOfficer —Title�4: Vice President o Partner—o Limited o General o Attorney in Fact o Trustee o Other: Signer is Representing: _ All American Asphalt Signer's Name: o Individual oCorporate Officer —Title(s): _ o Partner— o Limited o General o Attorney in Fact o Trustee ❑ Other: Signer is Representing: C-3724 and C-5077 Recorded Notice of Completion We.f-est 2y,F7uc,ry 02, 2013 :'- 2 OV 1.2.13 Calenclared 65 day Release of Labor and Material Bond for 3/8/13. See Cristal. kr L 'Recorded ... 'Recorded ... 9UM eff Assistant to the 'Wayor and City Council 11fayor's Off celcity Clerk's office City of Newport Beach 3300 Newport Blvd 5%`ewport Beach, CA 92663 (949) 644-3004 NOC's Page 1 OFFICE OF THE CITY CLERK Leilani I. Brown, MMC November 28, 2012 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: 15th Street Rehabilitation From Old Newport Boulevard to Redlands Avenue — C- 5077 O Jamboree Road Bridge Widening Over State Route 73 - C-3724 Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, L.eilani f. Brown, MMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 � www.city.newport-beach.ca.us CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 am on the 215` day of June, 2012, at which time such bids shall be opened and read for 15TH STREET REHABILITATION FROM OLD NEWPORT BOULEVARD TO REDLANDS AVENUE Title of Project Contract No. 5077 $ 408,000.00 Engineer's Estimate Stephen G. Badurn Public Works Director Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 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: http7/lwww.NewiportBeachCA.gov CLICK: Online Services /Bidding & Bid Results City of Newport Beach 15TH STREET REHABILITATION FROM OLD NEWPORT BOULEVARD TO REDLANDS AVENUE Contract No. 5077 TABLE OF CONTENTS NOTICE INVITING BIDS......................................................................................... Cover INSTRUCTIONS TO BIDDERS.......................................................................................3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)....................................................................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................................................15 ACKNOWLEDGEMENT OF ADDENDA........................................................................17 INFORMATION REQUIRED OF BIDDER.....................................................................18 NOTICE TO SUCCESSFUL BIDDER............................................................................21 CONTRACT................................................................................................................... 22 FAITHFUL PERFORMANCE BOND.............................................................................30 LABOR AND MATERIALS PAYMENT BOND...............................................................33 PROPOSAL............................................................................................................... PR -1 SPECIAL PROVISIONS............................................................................................SP-1 2 City of Newport Beach 15TH STREET REHABILITATION FROM OLD NEWPORT BOULEVARD TO REDLANDS AVENUE Contract No. 5077 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register .Circular 570.The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow'the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The 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. ik�'Uc101-� A,, C-u— Contractor's License No. & Classification Z4�� Authorized Signature/Title Date 0 Bid Bond No. 08597423 Bid Date: 6/21/2012 Ci of Newport Beach 15TH STREET REHABILITATION FROM OLD NEWPORT BOULEVARD TO REDLANDS AVENUE Contract No. 5077 BIDDER'S 13OND 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 Amount ----------- _ Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 15TH STREET REHABILITATION FROM.OLD NEWPORT BOULEVARD TO REDLANDS AVENUE, Contract No. 5077 in the City of Newport Beach, is accepted by the City Council of the City of Newport Seach 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 nuli and vold_ If the undersigned Principal executing this Bond is executing this gond 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 June 201 2. All American Asphalt Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety 777 S. Fiqueroa Street, Suite 3900 Los Angeles, CA 90017 Address of Surety 213 270-0600 Telephone uthorized 81nature/Title P, Ps; \e "A Authorized Agent Signature Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & S urefy must be attached) 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On 6/18/2012 before me, Donna Thorne, Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley Name(s) of Signer(s) 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/shy 4he7 executed the same in his/her -/their authorized capacity(ies), and that by histher4heir DONNA THORNE signature(s) on the instrument the person(&), or the entity upon behalf Commission # 1892010 of which the person(s) acted, executed the instrument. z ;-m Notary Public - California z Z ' Riverside County I certify under PENALTY OF PERJURY under the laws of the State of RMy Comm. Expires Jun 7, 2014 California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above 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 Bid Bond Document Date: 6/14/2012 Number of Pages: One (1) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradley Signer's Name: ❑ Individual ❑ Individual X Corporate Officer — Title(s): Vice -President ❑ Partner— ❑ Limited ❑ General RIGHT THUMBPRINT ❑ Attorney in Fact OF ❑ Trustee Top of thumb here ❑ Other: Signer is Representing: All American Asphalt ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: �� a. �.aa<,.�>,.s�.�?. �a.=.a.� a ��.v�aA viS.a�.a3R..Wa �• oa. �i..caL-*�t!,:�5 �iv..,.vaL!v\3,.. :a sav�'rv'�. �T c�. _ r�..saNsa.',c�...�.v.9..:\... State of California County of Orange On 6/14/2012 before me, A. Wilkison, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Name(s) of Signer(s) A. WILKISON _ t ; Commission # 1866283 ::x� `z' Notary Public - California z Orange County D M,v Comm. Expires Sep 26, 2013 who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/fife subscribed to the within instrument and acknowledged to me that tte/she/" executed the same in 4�Wher/their authorized capacity(ies), and that by leis/her/Aieiix signature(4 on the instrument the person(,}, or the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature .W Lw as� Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 6/14/2012 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual Rebecca Haas -Bates Corporate Officer —Title(s): _ Partner — ❑ Limited ❑ General E] Attorney in Fact Li Trustee Guardian or Conservator Other: Signer Is Representing: --- Fidelity and Deposit Company of Maryland RIGHTTHUMBPRIN17 OF SIGNER 0 Number of Pages: One (1 Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): 1 Partner — ❑ Limited ❑ General _-� Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing 0 2007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NalionaiNotary.org Item #5907 Reorder. Call Toll -Free 1-800-876.6827 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 sea] 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, Secuon 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 IOth 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." INTESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate sea] of the said Company this 14th day of June 1 2012 Assistant Secretary City of Newport Beach 15TH STREET REHABILITATION FROM OLD NEWPORT BOULEVARD TO REDLANDS AVENUE Contract No. 5077 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 Address:57\2 r (P 4b r 1 L U Phone: too State License Number: Name: C -,,c,,_ fo,� Address: G l y k eUko- a oN—Y ►, 25 2 Phone: -7I4-6)?-%'V4 State License Number: LS-54tl Name: ��� Lc a 51,+. Lw 2 she Address: t`G16L f'a'^t`^`^w11.y Zi I6o�� Phone: 7l N- q 6 g- H 61' State License Number: R661172 M Bidder A \bfede Signaf re/T`tlle City of Newport Beach 15TH STREET REHABILITATION FROM OLD NEWPORT BOULEVARD TO REDLANDS AVENUE Contract No. 5077 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name 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 SF ne✓M m lam, of �� eka�n\r�m ti,�n Project Description mak, Pek rc Approximate Construction Dates: From \ 20 To: --770 i -10W Agency Name �\ .L 0� h /"Z�a Contact Person 'C-, rPS Telephone (1tL� t p� 1-SCs1�6 Original Contract Amount $2\SRA k_t1%:Final Contract Amount $. If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. •rte: Project Name/Number Project Description Pek Zecc ?5� Approximate Construction Dates: From \\ I� ht�1 To: 5 I3� I zb\O Agency Name Contact Person Telephone (6tA) L\\ar-\- bile 1 Original Contract Amount $?—,� .Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) til 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 C, w cue ever\a`i \0 5�.-vv r>na eh e�k�\ve� Project Description Approximate Construction Dates: From 1 v To: s�?oI 2oiu Agency Name Contact PersonTelephone (jty) W11- eort.'zt Original Contract Amount $ \ 1'� ltr nal Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) N I A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. �; No. 4 Project Name/Number Nx�b w000� A c c 2erck skv cow Project Description c a eek _\�er x M o Approximate Construction Dates: Fromko 1 ,Iw1 0 To: sJy Lol I Agency Name Contact Person elephone (3ko)' \ko \y31 Original Contract Amount Final Contract Amount $ V�\'60 Qw 5f 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. No. 5 Project Name/Number CG��u [JS 1 Fvn✓d Project Description Sk eP \Zec1Yu .%a:. Approximate Construction Dates: From it IT zok� To: 4 JK I2 -o It Agency Name sck Df evNn eyl7 %v rn Contact Personl va,\c\:� U�A Telephone (Aol) -5q "1-^M To Original Contract Amount $ 54s coo. -Final Contract Amount $ '5X -PS', L1_o._-" If final amount is different from original, please explain (change orders, extra work, etc.) N 1A 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�vePi�c Z�C xn.c�W, Approximate Construction Dates: From Lkll- I20�\ To: 57 3 20l Agency Name Contact Person Telephone (WSJ) Vi"p- Original Contract Amount $-lqo nuo Final Contract Amount $ 1Noi uoo. z' If final amount is different from original, please explain (change orders, extra work, etc.) IV 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. Sce�P<� c��s 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. ice\ P, -Tr rrlcaaN Bidder 12 Au rizeclSigna ur itle May 2, 2008 Doug Harrington P.O. Box 2229 Corona CA, 91718-2229 QUALIFICATIONS J During my 31 years in the construction industry, I've held a variety of positions, ranging from equipment operations and maintenance to upper management positions supervising and directing all aspects of construction projects and project management from start ups to closeouts. I am knowledgeable and experienced in all areas of road construction. My areas of expertise include; Concrete Work, Fine Grading, Asphalt Paving, and Public Works operations. WORK HISTORY 1988 - Present: All American Asphalt, Corona CA I have been the Construction Manager since 1993 providing high quality service for all of our Asphalt Concrete, Cold Milling, Utility Adjusting and Public Works activities. Other positions held at All American Asphalt include Asphalt Paving Superintendent 1991 - 1993, Public Works and Grading Foreman 1988 -1990. 1985 - 1988: Parrott and Wright Construction Company Incorporated, Corona CA Fine Grading, Asphalt Paving and Public Works Foreman. These positions included supervision of individual asphalt paving crews, grading crews and public works crews and start up as well as completion of those projects. 1977 - 1985: Industrial Asphalt (Huntmix Corporation), Anaheim & Irwindale, CA Operated and maintained asphalt paving equipment. Other positions held at Industrial Asphalt/Huntmix include Shop Welder during winter months. EDUCATION Golden West College - Associate Degree 2008 Huntington Beach, CA Plymouth Carver High School - Graduate 1977 Plymouth, MA May 2, 2008 Art Ramirez P.O. Box 2229 Corona CA, 91718-2229 WORK HISTORY 1980 - Present: All American Asphalt, Corona CA I have been the Paving Superintendent since 1993. I am directly responsible for our Asphalt Paving crews and operations. We currently run 14 crews on a daily basis. Safety, quality and customer satisfaction are high on my priority list. Other positions held 1982 — 1993 Asphalt Paving Foreman and 1980 — 1982 Asphalt Paving Operator. 1978 — 1980: Guy F. Atkinson, CA During this time I was an Asphalt Paving Equipment Operator responsible for daily maintenance and operating of heavy equipment. 1976 — 1978: R. J. Noble Company, Orange CA During this time I was an Asphalt Paving Equipment Operator responsible for daily maintenance and operating of heavy equipment. City of Newport Beach 15TH STREET REHABILITATION FROM OLD NEWPORT BOULEVARD TO REDLANDS AVENUE Contract No. 5077 NON -COLLUSION AFFIDAVIT State of California ) )ss' County of ) being first duly sworn, deposes and says that he -a- e is of P,,A l - .oy,a l� , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, anyundisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the f regoing is tr e nd correct. A pii <e V "c au\ Bidder Aut crized Signature/Title Subscribed and sworn to (or affirmed) before me on this I g= day of Suy�2 2012 by Robe r-+ BradI w proved to me on the basis of satisfactory evidence to be Me person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] 6'a I'dDONNA THORNE Commission # 1892010 Z@My Notary Public - California zz Riverside County Comm. Expires Jun 7, 2014 13 h'A � Notary Public My Commission Expires: L 7 0 City of Newport Beach 15TH STREET REHABILITATION FROM OLD NEWPORT BOULEVARD TO REDLANDS AVENUE Contract No. 5077 DESIGNATION OF SURETIES Bidders name Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by in{`surance`/bond type): t Cplwy Y Sc\v\ ansC 1� dF,eri S�'2a�lTva�.v.arn �Ocd 1) 14 City of Newport Beach 15TH STREET REHABILITATION FROM OLD NEWPORT BOULEVARD TO REDLANDS AVENUE Contract No. 5077 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name PQ\\ Record Last Five (5) Full Years Current Year of Record The information requir6d 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 2011 2010 2009 2008 2007 Total 2012 No. of contracts . L °%`LS 'q 'S Total dollar Amount of Contracts (ink Thousands of $) No. of fatalities \ No. of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or termination of 2 em to ment The information requir6d 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 ALL AMERlC4NAsPHALr To whom it may concern: On May 28, 2010 All American Asphalt filed a death claim wiffi=oa-workers' comp carrier. A brief description is listed below. An employee working at our Pacoima asphalt plant was operating a scissor lift inside the tunnel. He was raising himself to an area in the tunnel where pigeons were living. The employee was going to clear the area in order to keep these birds out of the plant. While raising himself to the area, our employee suffered health problems. The employee was found pinned between a beam in the tunnel and the control panel on the lift. He passed away upon arrival to the emergency room.— Cal OSHA enforcement as well as an investigator from the Bureau of Investigations came out. No charges were filed from the bureau. Two minor paperwork citations were given to All American Asphalt. We appealed them and got the citations reduced to "Notice Only" with no fine. — -- Please call me at 909-815-8404 if you have any questions. On behalf of All American Asphalt, Sincerely, Bryan.Pease Consultant Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: Title 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 010 Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. 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 if fewer than all of the partners/joint ventures submit 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 signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. FNOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On 6/18/2012 Dale before me, Donna Thorne, Notary Public Here Insert name and Title of the Officer personally appeared Robert Bradley Name(s) of Signer(s) A'd DONNA THORNE Commission # 1892010 i '`'" Notary Public - California n .' Riverside County ]777rrr M Comm. Expires Jun 7, 2014 who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/a4-e subscribed to the within instrument and acknowledged to me that he/s4eAhey executed the same in his/ham the r authorized capacity(fe&), and that by his/4e4#t eir 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 hand and official seal. Signature ,6i�4 ,&=L_ Place Notary Seal Above "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 Bid — Contract No. 5077 Document Date: 6/18/2012 Number of Pages: Page 16 Signer(s) Other Than Named Above: Michael Farkas and Mark Luer Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradley Signer's Name: ❑ Individual ❑ Individual X Corporate Officer — Title(s): Vice -President ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: ❑ Corporate Officer — Title(s): _ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On 6/18/2012 before me, Donna Thorne, Notary Public Date Here Insert name and Title of the Officer personally appeared Michael Farkas Name(s) of Signer(s) 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/oho�4h y executed the same in his/he4their authorized capacity(ies), and that by his/her/their DONNA THORNE signature(s) on the instrument the person(s), or the entity upon behalf Commission # 1892010 of which the person(s) acted, executed the instrument. Z e-'"� Notary Public -California z Riverside County r I certify under PENALTY OF PERJURY under the laws of the State of My Comm. Expires Jun 7, 2014 California that the forgoing paragraph is true and correct. WITNESS my hand official seal. ,�and Signature Alt wMv�. Place Notary Seal Above 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 Bid — Contract No. 5077 Document Date: 6/18/2012 Number of Pages: Page 16 Signer(s) Other Than Named Above: Robert Bradley and Mark Luer Capacity(ies) Claimed by Signer(s) Signer's Name: Michael Farkas Signer's Name: ❑ Individual ❑ Individual X Corporate Officer — Title(s): Secretary ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General RIGHT THUMBPRINT ❑ Partner — ❑ Limited ❑ General RIGHT ❑ Attorney in Fact OF SIGNER THUMBPRINT ❑ Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: All American Asphalt CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On 6/18/2012 before me, Donna Thorne, Notary Public Date Here Insert name and Title of the Officer personally appeared Mark Luer Name(s) of Signer(s) DONNA THORNE Commission # 1892010 z `m ti Notary Public - California z Z Riverside County "' ' My Comm. Expires Jun 7, 2014 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/she4hey executed the same in his/4e4their authorized capacity(ies), and that by his/tier/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal Signature 4"4,�u Place Notary Seal Above 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 Bid — Contract No. 5077 Document Date: 6/18/2012 Number of Pages: 16 Signer(s) Other Than Named Above: _ Robert Bradley and Michael Farkas Capacity(ies) Claimed by Signer(s) Signer's Name: Mark Luer ❑ Individual X Corporate Officer — Title(&): President ❑ Partner— ❑ Limited ❑ General RIGHT THUMBPRINT ❑ Attorney in Fact OF ❑ Trustee Top of thumb here ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner— ❑ Limited o General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: City of Newport Beach 15TH STREET REHABILITATION FROM OLD NEWPORT BOULEVARD TO REDLANDS AVENUE Contract No. 5077 ACKNOWLEDGEMENT OF ADDENDA Bidders name 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 CitV of Newport Beach 15TH STREET REHABILITATION FROM OLD NEWPORT BOULEVARD TO REDLANDS AVENUE Contract No. 5077 . INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: P<\ A-re,Arao Es:;Qyc \k Business Address: -Vl.Cl. u,c, Telephone and Fax Number. California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) Original Date Issued: Expiration Date: 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: �f,..r�� LeP-�c�ne� tom\ ro���k Maav�co�er The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone �QYK �Pl --�P.eS e�ea LoV,� Y\fin SA exum C laq'A-19k LOIS D-% -wo0b \A Corporation organized under the laws of the State of � m lu The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N r� All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: NS For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; NI Briefly summarize the parties' claims and defenses; Kf f Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last.5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Ye! / No 19 Are any claims or actions unresolved or outstanding? Yes If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. PA\ .( wi, P2����ct\ Bidder �' l l�_a \J ke lr (Print name of Owner or President of Corporation/Company) Aut ri ed Signature/Title Title Sunt � $� Zo tZ Date On Su NE 18 7012— before me, _PoNn,A_j_40P_wE , Notary Pub personally appeared YYl A-v21L Lvg7-e. a*_A fiUilq'f Bp_prb LE21 , who � to me on the basis of satisfactory evidence to be the person(s) whose name(s ' e subscribed to the within instrument and acknowledged to me that 4@4&he/they exec e same in /their authorized capacity(ies), and that by NsAier/their signature(s e instrument the person(s), or the entity upon behalf of which the person(s) acted; execut instrument. I cert=handand ERJURY under the laws of the State of California that the foregoing parag Neal. S 0 a"aCkkA aCkVW UkAeo� ev D, Notary Public in and for said State My Commission Expires: 20 (SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On 6/18/2012 before me, Donna Thorne, Notary Public Dale Here Insert name and Title of the Officer personally appeared Robert Bradley Name(s) of Signer(s) f who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ale subscribed to the within instrument and acknowledged to me that he/&he/they executed the same in hisfhLQr/their authorized capacity(ies), and that by his/4e4tly& signature(s) on the instrument the person(s), or the entity upon behalf DONNA THORNE of which the person(s) acted, executed the instrument. Commission # 1892010 Z "_� Z I certify under PENALTY OF PERJURY under the laws of the State of Z g _ Notary Public -California z Z ' ° Riverside County r California that the forgoing paragraph is true and correct. My Comm. Expires Jun 7, 2014 WITNESS my hand and official seal. Signature_ JLZ9-� Place Notary Seal Above 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 Bid — Contract No. 5077 Document Date: 6/18/2012 Number of Pages: Page 20 Signer(&) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradley Signer's Name: ❑ Individual ❑ Individual X Corporate Officer — Title(&): Vice -President ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: City of Newport Beach 15TH STREET REHABILITATION FROM OLD NEWPORT BOULEVARD TO REDLANDS AVENUE Contract No. 5077 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: o CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS o 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 15TH STREET REHABILITATION FROM OLD NEWPORT BOULEVARD TO REDLANDS AVENUE Contract No. 5077 CONTRACT THIS CONTRACT FOR PUBLIC WORKS entered into this _ day of , 2012, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City("City") and ALL AMERICAN ASPHALT, ("Contractor'), a California corporation, is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of (1) Distributing construction notices to the affected businesses and residents; (2) construction surveying; (3) removing existing raised pavement markings, raised pavement markers, and existing striping; (4) removing existing pavement, curb and gutter, sidewalk, curb access ramps, driveway aprons, and the alley aprons; (5) grinding (cold mill), clearing existing pavement surfaces of debris, soils, and other loose materials, reconstructing and overlay roadway; (6) constructing curb, curb and gutter, sidewalk, and rub access ramps; (7) adjusting utility and survey facilities; (8) installing truncating domes, traffic striping, pavement markings, and raised pavement markers; (9) coordinating with outside utility owners to have facilities raised to grade; and (10) other incidental items to complete the work in 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. 5077, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all 22 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 Three Hundred Three Thousand, Three Hundred Three and 00/100 Dollars ($303,303.00). 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 CONTRACTOR City of Newport Beach All American Asphalt Public Works Department P.O. Box 2229 3300 Newport Boulevard Corona, CA 92878-2229 PO Box 1768 951-736-7600 Newport Beach, CA 92658 951-736-7646 Fax Attention: Patrick Arciniega (949)644-3347 F. 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 Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Coverage and Limit Requirements. a. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) 23 each type for Contractor's 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. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. C. Automobile Liability. 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 Contract, including 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 accident. d. Builders Risk. For Contracts with Construction/Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100%) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions. a. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. 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 24 insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: i. 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. 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. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. 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. 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. C. 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. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. 25 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 Contract. Waiver. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. j. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and/or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. a G. RESPONSIBILITY FOR DAMAGES OR INJURY 1. 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. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. 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 MA 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 term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the dates written below. APPROVED AS TO FORM OFFICE OF THEJITY ATTORNEY Date: 1 I z -- r Aaron C. Haig City Attorney ATTEST: Date: 711-12- Nm�— Leilani I. Brown City Clerk CITY OF NEWPORT BEACH A California Municipal Corporation and City and Charter Cit�q Date: 7//d //?G By: Nancy G Mayor ALL AMERICAN ASPHALT California Corporation (Corporate Officer) Title: President Print Name: Mark Luer Date: By: (Financial fficer) Title: Secretary Print Name: 12-P)i Michael Farkas Date: � IL CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On July_ 2, 2012 before me, Debbie Matsen, Notary Public Date Here Insert name and Title of the Officer personally appeared Mark Luer and Michael Farkas Name(s) of Signer(s) 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 DEBBIE MATSEN tiisitTer/their authorized capacity(ies), and that by izti�their Commission # 1958174 signature(s) on the instrument the person(s), or the entity upon behalf a "mei Notary Public - California z of which the person(s) acted, executed the instrument. Z Riverside County My Comm. Expires Nov 22, 2015 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature j / ` a' (Z--� Place Notary Seal Above 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 Contract, City of Newport Beach Document Date: July 2, 2012 Number of Pages: 7 Pages Signer(s) Other Than Named Above: None. Capacity(ies) Claimed by Signer(s) Signer's Name: Mark Luer ❑ Individual ,(Corporate Officer — Title(,s'): President 11Partner— ❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: _ All American Asphalt Signer's Name: Michael Farkas ❑ Individual _kCorporate Officer — TitleX: Secretary ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: All American Asphalt Bond Nb:7630597 Premium: $1,19s.00 Premium is for contract term and is subject to adjustment based on final contract price Executed in z Counterparts City of NeWport Beach Contract No. 5077 BOND NO. 7630597 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $1,198.00 being at the rate of $ 3.95 thousand of the Contract price. 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 15TH STREET REHABILITATION FROM OLD NEWPORT BOULEVARD TO REDLANDS AVENUE, Contract No. 5077 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. 5077 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 Three Hundred Three Thousand, Three Hundred Three and 001100 Dollars ($303,303.00) 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. 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 26th day.of June 2012, All American Asphalt (Principal) —I � Authorized Si natu . ' B Fidelity and Deposit Company of Maryland Name of Surety 777 S. Figueroa Street, Suite 3900 Los Angeles, CA 90017 Address of Surety (213)270-0600 Telephone NOTARY ACKNOWLEDGMENTS OF ATTACHED Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title 30 AND SURETY MUST RE ACKNOWLEDGMENT .009..v...so.mv.....a....... Do ...... wannmvggnvmmmm..... nnm.gna.... ggmnn........ "Please See Attached" State of California County of b 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) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ....vn... 0 .... v.0am ...... man .... ggn.n.....mmvq..nnd gvvegnnn om vmv qq...v a......1 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 T Power of Attorney CEOICFO/COO President I Vice -President / Secretary I Treasurer Other: Other 31 Thumbprint of Signer ❑ Check here If no thumbprint orfingerprint is avalleble. ACKNOWLEDGMENT qqq//qvmqp//bmmp0.qp/mmmq//gmmq/ggtlpm..so..ppq///.p... son mpgqq a mpgqq on Ygggq/bqq, it vi ease 5 ew W -W VLO ill State of California County of On Public, personally appeared ss. before me, Notary who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature bgpp/ppY qqa Bq/q By vpgpO//gavgq qq/gvvpppgB!/Yvppgq/®//gvppgp ggtivOv//Yl) Obv qq Bgq•pt 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 I vice -President / Secretary I Treasurer Other: Other 32 Thumbprint of Signer Q check hexa if no thumbprint or fingatpdnt Is available, uz; l` ar 2.i t i• I, =rR-rn - ,�7 =: tI ii. Bi..9Y. Ha.Aa. .AY.cN.A ALA 0 q�.-.A A A A �, 3 A. ,!141k A9:H A ,•fj, nA, a� A State of California County of Orange On 6/28/2012 before me, A. Wlkison, Notary Public Date Har. Insert Name aM IRV. of We officer personally appeared Rebecca Haas -Bates ®20JJ Nallanal Notary Association•9380 De Soto Ava.,P.oBoz 2a02•Chatsworlq CA 013132402•www.NaeonalNoleryerg item ASPJ] Reoitler: Gall T.IbFree 68068]6682] who proved to me on the basis of satisfactory evidence to be the person(-) whose name(s) is/ere subscribed to the within instrument and acknowledged to me that Ore/she/t#tey executed the same in+tis/her/ther authorized capacity(ies), and that by 4is/herA49ii, signature(-} on the instrument the person(-*, or the entity upon behalf of which the person* acted, executed the instrument. A. WILKISON Commission a 1866283 1 certify under PENALTY OF PERJURY under the laws - Notary Public - California z of the State of California that the foregoing paragraph is Z Orange County n My Comm. Expires Sep 26, 2013 true and correct. WITNESS my hand and official seal. _ Signature 'A' Place Notary Seal Above Signer.. .1 N.tary Pudic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Faithful Performance Bond No. 7630597 Document Date: 6/28/2012 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: D Individual D Individual Corporate Officer—Title(s): D Corporate Officer—Title(s): D Partner — D Limited D General D Partner —D Limited O General 0 Attorney in Fact D Attorney in Fact _I Trustee Top of thumb here L Trustee Top of thumb here E Guardian or Conservator i_ Guardian or Conservator 171, Other: D Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland ®20JJ Nallanal Notary Association•9380 De Soto Ava.,P.oBoz 2a02•Chatsworlq CA 013132402•www.NaeonalNoleryerg item ASPJ] Reoitler: Gall T.IbFree 68068]6682] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT personally appeared Robert Bradley Name of Slgne�A who proved to me on the basis of satisfactory evidence to be the person(8) whose name(A) is/are subscribed to the within instrument and acknowledged to me that he/sheithey executed the same in his/heNtheir authorized capacity(ies), and that by his/hef4haic DEBBIE MATSEN signature(g) on the instrument the person(s'/, or the entity upon behalf '� Commission # 1958174 of which the person(, acted, executed the instrument. Z ; �m Notary Public - California i _ Riverside County = I certify under PENALTY OF PERJURY under the laws of the State of My Comm. Expires Nov 22, 2015 California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature �� /1 7 A Place Notary Seal Above 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 Faithful Performance Bond, City of Newport Beach Document Date: .Tune 28, 2012 Number of Pages: 4 Pages SignerW Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(ies}Claimed by Signer(s' Signer's Name: Robert Bradley o Individual yCorporate Officer—TitleM: Vice President o Partner— c Limited o General o Attorney in Fact o Trustee o Other: Signer is Representing: _ All American Asphalt Signer's Name: o Individual in Corporate Officer — Title(s): _ o Partner— o Limited o General in Attorney in Fact o Trustee o Other: Signer is Representing: Premium included in Performance Bond Bond No. 7630597 Executed in: 2 Counterparts City of Newport Beach Contract No. 5077 BOND NO. 7630597 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 15TH STREET REHABILITATION FROM OLD NEWPORT BOULEVARD TO REDLANDS AVENUE, Contract No. 5077 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. 5077 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, 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 Three Hundred Three Thousand, Three Hundred Three and 001100 Dollars ($303,303.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Reach 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 Cade 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. 33 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 fight 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 perforated 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 28th day of June 2012. All American Asphalt (Principal) Fidelity and Deposit Company of Maryland Name of Surety 777 S. Figueroa Street, Suite 3900 Los Angeles, CA 90017 Address of Surety (213)270-0600 Telephone � ��� uthonzed Signaturefr' e (?d ya-+3rc1dA6�,V � Le%.cs"ae..k o� 0 Z ff�_g�a &QNha"^ Authorized Agent Signature Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR_ AND SURETY MUST BE ATTACHED 34 ACKNOWLEDGMENT .1 ...... 0.0 ... 9...m.. .... a ....... a...@ ... o...I.... M.P.,... o... o.... o...... a.... State of California County of "Please See Attached" ss. On before me, Public, personally appeared Notary proved to me an the basis of satisfactory evidence to be the persori(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature v mmo vm.sumoa...a..a.m.am...ovmo.v...v..a....m..o...m..v. a. va m...e m as..v...,.m.0 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 35 Thumbprint of Signer ED check here if no thumbprint or fingerprint Is Available. ACKNOWLEDGMENT ..Now... p... D..Rp........ a ...go......a....K..... ass.... F.00..o...... as.... Ron. I(FlSee 1W*,,0 i " State of California County of )Ss. On Public, personally appeared before me, Notary proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) gmmgYOgqv qv Ogmp o011mppgomvmm OOvmpO so .... "am .... mggm6p Yogmmp.... Omq gOCtl... oo.., 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 36 Thumbprint of Signer 13 Check here if no thumbprint or fingerprint is available. ih»L »L».»N n »v. »>✓-»C .»..» a » State of California County of Orange On 6/28/2012 before me, A. Wilkison, Notary Public Date Hare Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Name(s) of signed&) A. WILKISON Commission # 1866283 Notary Public - California i Orange County My Comm. Expires Sep 26, 2013 J 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 he/shei'" executed the same in *isf`her/their authorized capacity(iee), and that by his/her,4h8ir signature(&} on the instrument the person(*,, or the entity upon behalf of which the person(s),acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Plead Notary seal Above signature of Notary Puds, 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 Materials Document Date: 6/28/2012 Bond No. 7630597 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual Rebecca Haas -Bates ❑ Corporate Officer—Title(s): _ ❑ Partner — [I Limited L) General E Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland ]RIGHTTHM18PFMNT, Number of Pages: Four Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): n Partner —❑ Limited ❑ General • Attorney in Fact ❑ Trustee Top of thumb here u Guardian or Conservator ❑ Other: Signer Is Representing: ®2607 National Nolary Association- 93W Do solo A".. E0.13ex 2a2 Chasaeonh.CA 9131124(12• a NalianelNotar org Rom 05907 Reorder:CallTol-Free La00.g7E6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT personally appeared Robert Bradley Namely of SignerA who proved to me on the basis of satisfactory evidence to be the personA whose name(g) is/are subscribed to the within instrument and acknowledged to me that he/sheRhey executed the same in his/herA4,f,4 authorized capacity(ies), and. that by his/li-•"„c,.:eir— DEBBIE MATSEN signature(s) on the instrument the person((A, or the entity upon behalf a a®µ Commission # 1958174 Z of which the personA acted, executed the instrument. z . Notary Public - California z Z '' Riverside County > 1 certify under PENALTY OF PERJURY under the laws of the State of M Comm. Ex fres Nov 22, 2015 California that the forgoing g g paragraph is true and correct. WITNESS my hand and official seal. Signature o(44 n�� Plaeo Notary Seal Above Signature of otary Pubbc 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 Labor and Materials Payment Bond, City of Newport Beach Document Dale: June 28, 2012 Number of Pages: 4 Pages Signer(4 Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(ie57 Claimed by Signer(of Signers Name: Robert Bradley o Individual XCorporateOfficer— Titley: Vice President o Partner— o Limited o General o Attorney in Fact o Trustee o Other: Signer is Representing: _ All American Asphalt Signer's Name: o Individual o Corporate Officer—Title(s): _ o Partner— o Limited o General o Attorney in Fact o Trustee o Other: Signer is Representing: EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force andeffect 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 FIDELITYANDDEPOSIT 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 IOth 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 subsctibed my name and affixed the corporate seal of the said Company, this 28th day of June 2012 Assistant Secretary CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 7-02-12 Dept./Contact Received From: Tania Date Completed: 7-02-12 Sent to: Tania By: Joel Company/Person required to have certificate: All American Asphalt Type of contract: All Other L GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 8-01-12/8-01-13 A. INSURANCE COMPANY: _Arch Specialty B. AM BEST RATING (A-: VII or greater): A+: IX C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1 M or greater): What is limit provided? 1,000,000 E. ADDITIONAL INSURED ENDORSEMENT—please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does N/A F. not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND ® N/A ❑ Yes ❑ No G. COMPLETED OPERATIONS ENDORSEMENT (completed ❑ N/A ❑ Yes Z No H. Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. 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 K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 8-01-12/8-01-13 A. INSURANCE COMPANY: Hartford Fire Ins 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 - If Employees (Must be $110 min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes Z No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No WORKERS'COMPEN SATION EFFECTIVE/EXPIRATION DATE: 8-01-12/8-01-13 A. INSURANCE COMPANY: Seabright Insurance Co. B. AM BEST RATING (A-: VII or greater): A-: IX C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ❑ Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF N0, WHICH ITEMS NEED TO BE COMPLETED? Approved, pending Risk Management approval of Non -admitted carrier. Approved: 7-02-12 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date Subject to the terms of the contract. Moore, Tania From: Anderson, Cheryl Sent: Tuesday, July 03, 2012 4:42 PM To: 'Joel Griffin'; Moore, Tania Cc: Arciniega, Patrick Subject: RE: All American Asphalt Insurance Risk Management approves non -admitted status. 66VI "8Aetd"0#adet a01L Human Resources Supervisor City of Newport Beach Phone (949) 644-3307 Fax (949) 723-3509 THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAWS. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, forwarding, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by e-mail or telephone, and delete the original message immediately. Thank you. From: Joel Griffin[mailto:JGriffin(a�alliantinsurance.comj Sent: Tuesday, July 03, 2012 1:50 PM To: Moore, Tania Cc: Arciniega, Patrick; Anderson, Cheryl Subject: All American Asphalt Insurance Hi Tania, Attached is the checklist for All American Asphalt Insurance showing approval, pending confirmation from Risk Management concerning the non -admitted GL carrier. Thanks! Joel Griffin, AIS, AIMS Assistant Account Representative Specialty Group Alliant Insurance Services, Inc. 1301 Dove Street Suite 200 Newport Beach, CA 92660 Phone: (949) 660-5900 Fax (619) 699-0906 ioriffin(a�alliantinsurance.com www.alliantinsurance.com CA License #OC36861 From: Moore, Tania[mailto:tmoore(abnewportbeachca.gov] Sent: Tuesday, July 03, 2012 11:18 AM To: Joel Griffin Cc: Arciniega, Patrick Subject: All American Asphalt Insurance Hi Joel, Please review the attached insurance for approval. Thank you, Tania This e-mail and all attachments to it are for the sole use of the intended recipients and may contain proprietary information and trade secrets of Alliant Insurance Services, Inc. and its subsidiaries. This e-mail may also contain information which is confidential or which is protected from disclosure by privilege. Any unauthorized use, disclosure or distribution of this e-mail and its attachments is prohibited. If you are not the intended recipient, let us know by reply e-mail and then erase and destroy all electronic or other copies of this message. CERTIFICATE OF LIABILITY INSURANCE �I OAT/1 06/228/28/201122 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns 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 [leu of such endorsement(s). PRODUCER LIC #01529370 1-925-244-7700 Edgewood Partnere Insurance Centers (EPIC) [Orange Branch] CONTACT NAME: Certificate Department PHONE F" . (925) 244-7700 A/C No: (925) 901-0671 ADDRESS: EPICcerts®Edgewoodlns.com P.O. Box 5003 INSURERS AFFORDING COVERAGE NAIC0 San Ramon, CA 94583 INSURER A: ARCH SPECIALTY INS CO 21199 08/01/1 INSURED All American Asphalt INSURER B: HARTFORD FIRE IN CO 19682 INSURER C: NATIONAL UNION FIRE INS CO OF PITTS 19445 INSURER D: SEAHRIGHT INS CO 15563 P.O. Box 2229 INSURER E: Corona, CA 92878-2229 INSURER F: COVERAGES CERTIFICATE NUMBER: 27990676 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL S BR POLICY NUMBER POLICY EFF MMIDD POLICY EXP MMIDD LIMITS A GENERAL LIABILITY GPP002265803 08/01/1 08/01/13 EACHOCCURRENCE 5 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea ..n.1 S 100,000 CLAIMSMADE OOCCUR MED EXP (My one Person) $ PERSONAL 6 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 52.000,000 POLICY % PRO- LOC $ B AUTOMOBILE LIABILITY 72UENGK5491 08/01/13 COMBINED SINGLE LIMIT 1,000,000 a accident BODILY INJURY (Per person) S X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) S PROPERTY DAMAGE Per accident)$ X NON-0WNED HIRED AUTOS % AUTOS S CUMBRELLA LIAR % OCCUR BE21422933 08/01/1 08/01/12 EACH OCCURRENCE S 10,000,000 AGGREGATE 5 30, 000, 000 X EXCESS UAB CLAIMS -MAGE DED I % I RETENTIONS 10, 000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEWEXECUTIVE YIN OFFICERJMEMBER EXCLUDED! NIA B331110243 08/01/1 08/01/12 X WCSTATU- OTH- E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE - EA EMPLOYEE S 1,000,000 (Mandatory in NH) Itodescfibe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101, Addltlonal Remark. Schedule, Irmora apace la regalred) RE: 15th Street Rehabilitation from Old Newport Boulevard to Redlands Avenue / Contract No. 5077 / (21 Certificate Holder is Additional Insured if Required by Written Contract Excluding Workers Compensation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ty of Newport Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. .O. Box 1768 AUTHORIZED REPRESENTATIVE ewport Beach, CA 92663 , USA ACORD 25 (2010/05) KQuinn-ORG 27990676 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT 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 Project RE: 15th Street Rehabilitation from Old Newport Boulevard to Redlands Avenue / Contract No. 5077 / Endorsement Number: This endorsement is effecfve an Ne inception date of Nis policy unless otherwise stated herald (fife information below is required only when this endorsement is issued subsequent to the preparation of the policy.) Policy Number. GPP002265803 Named Insured: All American Asphalt Endorsement Effective Date: W/11 00 CGL000600 05 07 2633 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 RE: 15th Street Rehabilitation from Old Newport Boulevard to Redlands Avenue / Contract No. 5077 / 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: GPP002265803 Named Insured: All American Asphalt Endorsement Effective Date: 8/1/11 00 CGLO130 00 09 06 Page 1 or 1 2833 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 City of Newport Beach, its elected or appointed officers, agents, officials, employees, and volunteers Project RE: 15th Street Rehabilitation from Old Newport Boulevard to Redlands Avenue / Contract No. 5077 / 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 againstthe 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: GPP002265803 Named Insured: All American Asphalt Endorsement Effective Date: 08/01/11 00 CGLO121 00 09 06 Includes Copyright Material from Insurance Services Office, Inc. Page 1 of 1 2633 All American Asphalt Policy p72UENGK5491 811111 to 811112 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AND RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Any person or organization whom you are required by contract to name as additional insured is an "insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provision of Section II — LIABILITY COVERAGE. B. For any person or organization for whom you are required by contract to provide a waiver of subrogation, the Loss Condition — TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable. Schedule City of Newport Beach, its elected or appointed officers, agents, officials, employees, and volunteers Project RE: 15th Street Rehabilitation from Old Newport Boulevard to Redlands Avenue / Contract No. 5077 / Form HA 99 13 01 87 Printed in U.S.A. Page 1 of 1 2833 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be =% 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, RE: 15th Street Rehabilitation from Old Newport agents, officials, employees, and volunteers Boulevard to Redlands Avenue / Contract No. 5077 / 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 8/1/11 Policy No. BB1110243 Endorsement No. 12 Insured All American Asphalt Policy Effective Date 8/1/11 Insurance Company Seabright Insurance Company Countersigned By WC 04 03 06 (Ed. 4-84) 01998 by the workers' compares atIon Insurance Rating Bureau of California. All rights reserved. 2833 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 15TH STREET REHABILITATION FROM OLD NEWPORT BLVD. TO REDLANDS AVE. CONTRACT NO. 5077 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 5077 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization and Demobilization @e;yn� te,,„..a C;wtina,a67�Dollars and 2erLO Cents $ 9501— Per 501— Per Lump Sum 2. Lump Sum Surveying Services @ 10.,r'v-Ushw.2. Dollars and z e-rb Cents 000– Per Lump Sum Lump Sum Traffic Control Dollars 2 i^ •M and z�u Cents $ 2-2P3°' Per Lump Sum PR2of6 4. 40 L.F. Remove and Reconstruct Curb and Gutter @ Dollars S 2� and n � 7-9 ro .Cents $ 7$— $ 4`5-0 3 Per Linear Foot 5. 260 S.F. Remove and Reconstruct Sidewalk 91 7 W a @ ¢ ;} Dollars and Cents $ 2080— Per Square Foot 470 S.F. Remove and Reconstruct Alley Approach ITEM QUANTITY AND' UNIT ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 4. 40 L.F. Remove and Reconstruct Curb and Gutter @ Dollars S 2� and n � 7-9 ro .Cents $ 7$— $ 4`5-0 3 Per Linear Foot 5. 260 S.F. Remove and Reconstruct Sidewalk 91 7 W a @ ¢ ;} Dollars and Cents $ 2080— Per Square Foot 470 S.F. Remove and Reconstruct Alley Approach @ Dollars and Z= u Cents $ 10— $ H 70o— Per Square Foot 270 S.F. Remove and Reconstruct Driveway Approach per Costa Mesa Std 514 and 811 @ Ner Dollars and zero Cents $ 10— $ 2'7oo— Per Square Foot 100 S.F. Remove and Reconstruct Driveway Approach per Newport Beach Std 162-L @ or Dollars and zero Cents $ 10— $ 1000— Per Square Foot 430 S.F. Remove and Reconstruct Cross Gutter Apron 13' @ ktiu« Dollars 'P43 and zero Cents $ 5 $ SSgo Per Square Foot PR3of6 ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE TOTAL PRICE 10. 2,040 S.F. Remove and Reconstruct School Entry @ Dollars and zero Cents $ 1 N — $ 2 $ SGo� Per Square Foot 11. 9 EA Remove and Reconstruct Curb Access Ramp @ +w Dollars and ze.0 Cents $ 2200— $ 11$00 Per Each 12. 1 EA Remove Sidewalk and Construct Curb Access Ramp arta Dollars and r� o Cents $ 22 00— $ %-zoo— Per Each 13. 100 S.F. Remove Ramp, Construct Sidewalk, and Raise MH to Grade @ Dollars and I e w Cents $ 10— $ 000= Per Square Foot 14. 1 EA Root Prune Existing Tree @ Dollars and ze o Cents $ 6 00 — $ U oo — Per Each 15. 20 L.F. Install Root Barrier @ -\\to Lk Dollars and ze N Cents $ — $ 60— Per Linear Foot PR4of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 75,300 S.F. Cold Mill Asphalt Pavement (2" Depth) @ Dollars and -W � `"� Cents $ .10. $ '7530- Per 753a- Per Square Foot 17. 15,700 S.F. Cold Mill Asphalt Pavement (8" Depth) @ Dollars and Cents $ SB $ \ SI 6 Per Square Foot 18. 60 Ton Construct AC Leveling Course, Type III -B2 -PG 64-10 (1" Thick) @ Stn�y r:yti� Dollars and Ze.o Cents $PerTon 19. 1,150 Ton Construct 2" Thick Asphalt Pavement Overlay Course, -Type ARHM GG @ Q?fin! Dollars and z ev Cents $ 80- $ ry2 000— Per Ton 20. 600 Ton Construct AC Base Course, Type III -B2 -PG 64-10 (6" Thick) @ Sfx� P:y�� Dollars and Z� Cents $ 6$- $ uloFsoO— Per Ton 21. 100 L.F. Construct Median - 8" Curb @ Dollars and men, Cents Per Linear Foot $ 2-5 - $ 2-5o0- FIR 5of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 100 L.F. Construct Median - 6" Curb @ Dollars and 7_ Cents $ 25- $ 250o Per Linear Foot 23. 320 S.F. Construct Median- Pavers @ Dollars and '?_ f Cents $ 20 — $ 6 o.o - Per Square Foot 24. 280 S.F. Construct Sidewalk @ v o t' Dollars and Zev Cents $ 8- $ 2_240_ Per Square Foot 25. 2 EA Protect Existing Utility - Storm Drain MH. Raise to Grade @ et a 4r (A-7\jt Dollars and zo Cents $ 495- $110— Per Each 26. 9 EA Protect Existing Utility - Sewer MH. Raise to Grade @ rw.�nv.1nZ r�`c-1F'�Dollars and ze n, Cents $ LI)5- $ LICIzsvo Per Each 27. 26 EA Replace Existing Utility - Water Valve Box and Cover. Raise to Grade @ Dollars and Zen, Cents $ `�30- $ 5go- Per Each ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS - PRICE PRICE 28. 2 EA Protect Existing Utility — Water Vault Lid. Raise to Grade Dollars and zt-�v Cents $ 530 — $ 660 Per Each 29. Lump Sum Traffic Striping and Signage @CIC✓on"1�,,.FSwa 0n�h�D Ilars vcn and 2! U Cents $ 1 I Iii — Per Lump Sum 30. Lump Sum As Built Plans @ Dollars and z �v Cents $ 500— Per Lump Sum TOTAL PRICE IN WRITTEN WORDS -V�« ta, -�C\ u hw Z N\r,ree.gA Dollars and Zee Cents Date Bidder's Telephone and Fax Numbers Bidder's License No(s). and Classification(s) $ 3*3 .30'5 . o0 Total Price (Figures) A\\ I�snPr,tc n PcY a�\ Bidder B dd is A thorized Signatu i e `PO.3oy-'1:1�LG\ Conv.rn.CA �hiK'iK-27SL.°1 Bidder's Address Bidder's email address: PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 15TH STREET REHABILITATION FROM OLD NEWPORT BOULEVARD TO REDLANDS AVENUE CONTRACT NO. 5077 INTRODUCTION PART 1 ---GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.4 Line and Grade SECTION 3 CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 UTILITIES 5-1 LOCATION 5-2 PROTECTION 5-7 ADJUSTMENTS TO GRADE SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6-1.1 Construction Schedule 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 4 4 4 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-7.2 Working Days 4 6-7.4 Working Hours 5 6-9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 5 7-1.2 Temporary Utility Services 5 7-7 COOPERATION AND COLLATERAL WORK 6 7-8 WORK SITE MAINTENANCE 6 7-8.4.3 Storage of Equipment and Materials in Public Streets 6 7-8.6 Water Pollution Control 6 7-8.6.2 Best Management Practices (BMPs) 7 7-8.7.2 Steel Plates 7 7-10 PUBLIC CONVENIENCE AND SAFETY 7 7-10.1 Traffic and Access 7 7-10.3 Street Closures, Detours, Barricades 8 7-10.4 Safety 9 7-10.4.1 Safety Orders 9 7-10.5 "No Parking" Signs 9 7-10.6 Notice to Residents and Temp Parking Permits 9 7-15 CONTRACTOR LICENSES 10 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 10 SECTION 9 MEASUREMENT AND PAYMENT 10 9-3 PAYMENT 10 9-3.1 General 10 9-3.2 Partial and Final Payment 14 PART 2 ---CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 15 201-1 PORTLAND CEMENT CONCRETE 15 201-1.1.2 Concrete Specified by Class 15 201-2 REINFORCEDMENT FOR CONCRETE 15 201-2.2.1 Reinforcing Steel 15 201-7 NON -MASONRY GROUT 15 201-7.2 Quick Setting Grout 15 SECTION 214 PAVEMENT MARKERS 15 214-4 NONREFLECTIVE PAVEMENT MARKERS 15 214-5 REFLECTIVE PAVEMENT MARKERS 15 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 16 300-1.3.2 Requirements 16 300-1.5 Solid Waste Diversion 16 SECTION 302 ROADWAY SURFACING 17 302-5 ASPHALT CONCRETE PAVEMENT 17 302-5.1 General 17 302-5.4 Tack Coat 17 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 17 302-6.6 Curing 17 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 17 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 17 303-5.1 Requirements 17 303-5.1.1 General 17 303-5.5 Finishing 18 303-5.5.1 General 18 303-5.5.2 Curb 18 303-5.5.4 Gutter 18 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 18 308-1 GENERAL 18 SECTION 310 PAINTING 19 310-5 PAINTING VARIOUS SURFACES 19 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 19 310-5.6.7 Layout, Alignment and Spotting 19 310-5.6.8 Application of Paint 19 310-5.6.11 Pavement Markers 20 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 20 312-1 PLACEMENT 20 PART 4 ---CONSTRUCTION METHODS SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALY CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 21 400-2 UNTREATED BASE MATERIALS 21 400-2.1. General 21 400-2.1.1 Requirements 21 PART 6 ---MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 600-2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS - WET PROCESS 21 600-2.1. Asphalt -Rubber 21 600-2.1.1 General 21 600-2.6. Asphalt Rubber Hot Mix Gap -Graded 21 600-2.6.3 Rolling 21 600-2.7. Asphalt -Rubber and Aggregate Membrane (ARAM) Surfacing or Interlayer 21 COSTA MESA STANDARD DRAWINGS Last saved by mlocey06/05/2012 1:42 PM F.\users\pbw\shared\contracts\masters\masters for contract set up\master specs index.doc SP 1 OF ZI CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CA - EXP. 9.30-1,3 15TH STREET REHABILITATION FROM OLD NEWPORT BLVD. TO REDLANDS AVE. CONTRACT NO. 5077 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -6026-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2 ---SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of (1) Distributing construction notices to affected businesses and residents; (2) construction surveying; (3) removing existing raised pavement markings, raised pavement markers, and existing striping; (4) removing existing pavement, curb and gutter, sidewalk, curb access ramps, driveway aprons, and alley aprons; (5) grinding (cold mill), clearing existing pavement surfaces of debris, soils, and other loose materials, reconstructing and overlay roadway; (6) constructing curb, curb and gutter, sidewalk, and curb access ramps; (7) adjusting utility and survey facilities; (8) installing truncating domes, traffic striping, pavement markings, and raised pavement markers; (9) coordinating with outside utility owners to have facilities raised to grade; and (10) other incidental items to be completed in work place required by the Plans and Specifications." SP2OF21 2-9 SURVEYING 2-9.1 Permanent Survey Markers. Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." 2-9.4 Line and Grade. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is Borchard Surveying and Mapping and can be contacted at (949) 439-4682. At a minimum, two (2) sets of cut - sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48 -hours in advance of any work. In addition, the filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. SECTION 3 ---CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this section with the following: "(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 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added for compensation for bonding. SP3OF21 (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 (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 ---CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements "4-1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 ---UTILITIES 5-1 LOCATION. Add the following after the 3'd paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 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." Add Section 5-7 ADJUSTMENT TO GRADE 5-7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade of City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. SP4OF21 The Contractor will be required to contact Southern California Edison, The Gas Company, AT&T Telephone, cable television, and any other utility facilities to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the Project Schedule. 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.' 6-1.1 Construction Schedule. Add the following between the first and second paragraphs of this section: No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6-7 TIME OF COMPLETION 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 30 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 15t (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24", (Christmas Eve), December 25th (Christmas), and December 31st (New Year's Eve). If SP5OF21 the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." 6-7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 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 outside the normal working 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 $146 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. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services. Add to this end of this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $857 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." SP6OF21 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. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water" 7-7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shutdown of water and/or sewer facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. The City must approve any nighttime work in advance. It is the Contractor's responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down." 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 the Utilities Operation Manager, at (949) 718-3402." 7-8 WORK SITE MAINTENANCE Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer 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." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other SP7OF21 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 www.newportbeachca.00v/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs). Add to this section: The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-8.7.2 Steel Plates. "Steel plates utilized for 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." 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by SP8OF21 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)." 7-10.3 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 showing typical closures and detour plans(s). 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. Typical closures shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 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 ori 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. 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction when completing their work. 6. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure. SP9OF21 7. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure." 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." Add the following Section 7-10.5 "No Parking" Signs 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 by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 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 City of Newport Beach "Temporary Tow -Away, No Parking" signs are 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 non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Add the following Section 7-10.6 Notice to Residents 7-10.6 Notices to 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. 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. An interruption of work at any location in excess of 14 calendar days shall SP 10 OF 21 require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 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. Add the following Sections: "7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess an "A" License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built' drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built" drawings. The "As -Built' shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material." SECTION 9 ---MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other SP 11 OF 21 compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, establishing construction water, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA Markings, and providing any required documentation as noted in these Special Provisions. Item No. 2 Surveying Services: Work under this item shall include surveying, including restoration of 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 file any required Record of Survey or Corner Records. This item includes furnishing all labor, tools, equipment and materials necessary to comply and no other compensation will be allowed thereafter. Item No. 3 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, if required, preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to: signs, cones, barricades, flashing arrow boards and changeable message signs, 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. 4 Remove and Reconstruct Curb and Gutter per City of NB STD -182-L: Remove and Reconstruct Curb and Gutter per City of NB STD -162-L: 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. Gutter width shall be 18 inches or match existing. Item No. 5 Remove and Reconstruct Sidewalk per City of NB STD -180-L.: 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. Item No. 6 Remove and Reconstruct Alley Approach per City of NB STD -142-L, Type A: Work under this item shall include removing existing improvements, SP 12 OF 21 constructing P.C.C. alley approach and all other work items as required to complete the work in place. Item No. 7 Remove and Reconstruct Driveway Approach per City of CM STD DWG No. 514 & 811: Work under this item shall include removing existing improvements, constructing P.C.C. driveway approach and all other work items as required to complete the work in place. Item No. 8 Remove and Reconstruct Driveway per City of NB STD -162-L: Work under this item shall include removing existing improvements, sawcut and remove 1' wide section of existing AC/AB/native soil to a depth of 1', construct 1' wide x 1'deep AC patch and constructing P.C.C. driveway and all other work items as required to complete the work in place. Item No. 9 Remove and Reconstruct Cross Gutter Apron per City of NB STD - 185 -L: Work under this item shall include removing and disposing of the cross gutter and spandrels, subgrade compaction, placing crushed miscellaneous base, base compaction, constructing 8 -inch thick P.C.C. cross gutter, 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. 10 Remove and Reconstruct School Entry: Work under this item shall include removal of existing concrete cross gutter and asphalt private entry and construction of a P.C.C. school entry approach and AC paving, as shown on the plans, and all other work items as required to complete the work in place. Item No. 11 Remove and Reconstruct Curb Access Ramp per City of NB STD - 181 -L: Work under this item shall include removing existing improvements and constructing P.C.C. access ramps, repair of any improvements damaged by this work, and all other work items as required to complete the work in place. Item No. 12 Remove Sidewalk and Construct Curb Access Ramp per City of NB STD -181-L: Work under this item shall include removing existing improvements and constructing P.C.C. access ramps, repair of any improvements damaged by this work, and all other work items as required to complete the work in place. Item No. 13 Remove Ramp and Construct Sidewalk per City of NB STD -180-L. Raise Manhole to Grade: Work under this item shall include removing existing improvements and constructing P.C.C. sidewalk, raise manhole to grade, repair of any improvements damaged by this work, and all other work items as required to complete the work in place. Item No. 14 Root Prune Existing Tree: Work under this item shall include root pruning and disposal, removal and disposal of excess soil, restoring subgrade/street section to preexisting grade, per Section 308 of the Standard Specifications, repair of SP 13 OF 21 any improvements damaged by this work, and all other work items as required to complete the work in place. Item No. 15 Install Root Barrier: Work under this item shall include root barrier installation per Section 308 of the Standard Specifications, repair of any improvements damaged by this work, and all other work items as required to complete the work in place. Item No. 16 Cold Mill Asphalt Pavement (2" Depth): Work under this item shall include removing and disposing of the existing AC pavement, and all other work items as required to complete the work in place. After contractor has cold milled a street, they shall, at a minimum, base pave the area within 72 hours. Item No. 17 Cold Mill Asphalt Pavement (8" Depth): Work under this item shall include removing and disposing of the existing AC pavement, base material, native soil and all other work items as required to complete the work in place. After contractor has cold milled a street, they shall, at a minimum, base pave the area within 72 hours. Item No. 18 Construct AC Leveling Course Type IIB -B2 -PG 64-10 (1" Thick): Work under this item shall include all labor, tools, equipment, and materials costs for pavement clearing, installing crack sealer, tack coating, and a minimum 1" leveling course type III -132 -PG 64-10 placement, subgrade and leveling course compaction, and all other work items as required to complete the work in place. Item No. 19 Construct 2" Thick Asphalt Pavement Overlay Course Type ARHM GG: Work under this item shall include constructing 2" thick pavement type ARHM, tack coating, and all other work items as required to complete the work in place. Item No. 20 Construct AC Base Course Type III -B2 -PG 64-10 (6 Thick): Work under this item shall include all labor, tools, equipment, and materials costs for pavement clearing, installing crack sealer, tack coating, and a minimum 1" leveling course type III -B2 -PG 64-10 placement, subgrade and leveling course compaction, and all other work items as required to complete the work in place. Use of 10 ton roller required by the City for this operation. Item No. 21 Construct Median per Detail on Sheet 2 — 8" Curb: Work under this item shall include the removal of existing improvements and the construction of the median as shown on the plans, including construction of the 8" curb per City of NB STD -182-L (modified), and all other work items as required to complete the work in place. Pavers shall be approved by the Engineer prior to installation. Item No. 22 Construct Median per Detail on Sheet 2 — 6" Curb: Work under this item shall include the removal of existing improvements and the construction of the median as shown on the plans, including construction of the 6" curb per City of NB STD -182-L (modified), and all other work items as required to complete the work in place. Pavers shall be approved by the Engineer prior to installation. SP 14 OF 21 Item No. 23 Construct Median per Detail on Sheet 2 - Pavers: Work under this item shall include the removal of existing improvements and the construction of the median as shown on the plans, including construction of the pavers, including base prep per manufacturer's specifications, and all other work items as required to complete the work in place. Pavers shall be approved by the Engineer prior to installation. Item No. 24 Construct Sidewalk per City of NB STD -180-L: Work under this item shall include subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk, and all other work items as required to complete the work in place. Item No. 25 Protect Existing Utility — Storm Drain Manhole. Raise to Grade as Required: Work under this item shall include adjusting, lower and raising during paving operation, of all storm drain manhole frames and covers to grade and all other work items as required to complete the work in place. Item No. 26 Protect Existing Utility — Sewer Manhole. Raise to Grade as Required: Work under this item shall include adjusting, lower and raising during paving operation, of all sewer manhole frames and covers to grade and all other work items as required to complete the work in place. Item No. 27 Replace Existing Utility — Water Valve Box and Cover. Raise to Grade as Required: Work under this item shall include replacing existing water valve box and cover, adjusting, lower and raising during paving operation, of all water valves to grade and all other work items as required to complete the work in place. Item No. 28 Protect Existing Utility — Water Vault Lid. Raise to Grade as Required: Work under this item shall include adjusting, lower and raising during paving operation, of all water vault lids to grade and all other work items as required to complete the work in place. Item No. 29 Traffic Striping: Work under this item shall include installing traffic striping, pavement markers, and all other work items as required to complete the work in place. Item No. 30 Provide As -Built Plans 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: "From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid." 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." SP 15 OF 21 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." 201-7 NON -MASONRY GROUT 201-7.2 Quick Setting Grout. Add to this section: "The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout." 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." PART 3 CONSTRUCTION METHODS SECTION 300 ---EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: SP 16 OF 21 http://newportbeachca.gov/index.aspx?paqe=157 and then selecting the link Franchised Haulers List." 300-1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications for Public Works Construction 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 any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items." 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "1-'/z inch" of the last sentence with the words "two (2) inches". Add the following Section 301.5 Solid Waste Diversion 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 and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention." SP 17 OF 21 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 IIIC3 PG 64-10. The A.C. for base course shall be IIIB2 PG 64-10. All cracks %-inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 2 inches of asphalt (finish course) 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. Where dig outs are required, contractor shall grind down the top 2 inch overlay layer, as specified per plan, prior to making repairs. Dig outs shall then be base paved flush with ground surface so that the finish course is placed in one lift. The pavement shall then be cleaned with a power broom." 302-5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.6 Curing. Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201-1.1-2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6-7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." SP 18 OF 21 303-5.5 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." 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. A two (2)day notice to the Engineer is required for requests to the City to determine the location of sewer laterals and water services." 303-5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION 308-1 General. 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. If required, the submittal shall adhere to the following guidelines. 1. Root Pruninq 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 19 OF 21 condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. SECTION 310 --- PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310-5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310-5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310-5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. SP 20 OF 21 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 0.25 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." Add the following Section: "310-5.6.11 Pavement Markers. "All Pavement markers shall comply with Section 85 of the State of California Standard Specifications. Non -reflective markers shall be ceramic. All new markers shall have glass faces or be 3M series 290." SECTION 312 --- PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD -902-L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." SP 21 OF 21 PART 4 SECTION 400 ---ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400-2 UNTREATED BASE MATERIALS 400-2.1 General 400-2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials." PART 6 SECTION 600 ---MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES Add the following Section 600-2 — "CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 600-2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 600-2.1 Asphalt -Rubber 600-2.1.1 General. Asphalt -rubber shall be type B. 600-2.6 Asphalt -Rubber Hot Mix Gap -Graded 600-2.6.3 Rolling. Asphalt -Rubber Hot Mix Gap Graded material shall be compacted at or above 290 degrees Fahrenheit. Due to this requirement, the Contractor shall maintain three large self-propelled, vibrating steel wheel rollers, in working condition, on site to facilitate the initial breakdown rolling and intermediate rolling. The third roller will act as a stand-by in case of breakdown by one of the other rollers. Rubber tire rollers are not permitted. A minimum relative compaction of 95 percent is required. For each percentile less that the required 95 percent compaction the unit price for Item No. 19, Construct 2 -Inch Thick Asphalt Rubber Overlay, will be reduced by 10 percent. Any areas of roadway that does not have 90 percent relative compaction shall be removed, reinstalled and properly compacted at the Contract's sole expense. 600-2.7 Asphalt -Rubber and Aggregate Membrane (ARAM) Surfacing or Interlayer. Asphalt -rubber and aggregate membrane (ARAM) surfacing or interlayer shall be applied to the project." PARKWAY VARIES -SEE PLANS (SEE NOTE 7) P , R/W OR CF VARIES S/W EASEMENT SEE PLANS VARIES � 4' (1.22m) ON-SITE 7 3/8" LIP KEYWAY 2% MAX IMPROVEMENTS 10_ FL 6" (150mm)':;;. GRADE JOIN PER MUNICIPAL 6"6" (150mm) CODE 6" (150 mm) CONST JT PORTLAND CEMENT CONCRETE (P.C.C.) 6" (150mm) C.M.B. PER 6" (150 mm) STD DWG NO 312 MINIMUM CRUSHED MISCELLANEOUS BASE (C.M.B.) UNDER CURB AND GUTTER SECTION A—A N.T.S. R SIDEWALK A --7 TRANSITION (SEE NOTE 8) LIMITS PER 1 2 W (1/2) W li , R/W OR STD NO 811 DRIVEWAY WIDTH S/W EASEMENT I NwN N 8.33% < 4' 1.22m 6" (150mm) z x o MAX , CL ( ) PCC SIDEWALK 3 ag z p w OBSTRUCTIO A WEAKENED PLANE JT PLANENJT AT 10' m &E z x 'CONTOUR = o < INTERVALS N > w z < w LINE ¢ 10' �o a N EC � I V U B NN a -CONST B 3MAX) CONTOUR w � �� LINE a 1/4" (6mm) FLOW LINE OF GUTTER 1/4" (6mm) EXP JT EXP JT X Y W Y X 2' A --J (610mm) MIN � PROJECTED PLAN P AND/OR VERTICAL N.T.S. OBSTRUCTION CITY OF COSTAE MESA DRIVEWAY APPROACH -TYPE II PUBLIC SERVICES DEPARTMENT COMMERCIAL AND MULTI -USE Costa Mesa ® STD. DWG. NO. APPROVED: 1/~ • G"Y' 5it ERNESTD 4U.uOZ TY CIEVDMEER W�LWti u0 DIRECTOR O� UBUC 5 RViCES 1 I `t FILE NAME: STD-514.DWG REVISED: SHT. 1 OF 2 OF DRIVEWAY APPROACH (SYMMETRICAL)-{ NOTES: 1. ALL DRIVEWAY LOCATIONS AND DIMENSIONS SHALL BE APPROVED BY THE TRANSPORTATION SERVICES DIVISION. 2. CONCRETE SHALL BE CLASS 560-C-3250 PER LATEST EDITION OF STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SEC. 201-1. 3. DEPRESSED CURB IS STRAIGHT GRADED WITH 3/8" (10mm) GUTTER LIP. 4. BASED UPON EXISTING SOIL CONDITIONS, THE CITY ENGINEER MAY REQUIRE A KEYWAY AT BACK OF CURB. 5. FOR JOINT -DETAILS AND KEYWAY DETAIL, SEE STD DWG NO 314. 6. ALL PARTIAL DRIVEWAY RECONSTRUCTION SHALL REQUIRE TIE BARS (#4 x 24") AT 24" ON CENTER. 7. FOR A 5' (1.52m) PARKWAY, A 3' (914mm) PUBLIC SIDEWALK EASEMENT IS REQUIRED AT THE BACK OF PROPERTY/RIGHT-OF-WAY LINE. 8. CASE I - SIDEWALK ADJACENT TO CURB AND GUTTER. NO GREENBELT. CASE II - EXISTING GREENBELT BETWEEN SIDEWALK AND CURB AND GUTTER. CITY OF COSTA MESA DRIVEWAY APPROACH -TYPE II PUBLIC SERVICES DEPARTMENT COMMERCIAL AND MULTI -USE Costa M �/11� I ZY 63 STD. DWG. APPROVED: J ERNESTO 4UNO; LW14 UdWlIt.S DIRECTOR OF PUBLIC SERVICES 514 FILE NAME: STD -514 -DWG REVISED: SHT. 2 OF 2 TOP OF CURB 3/8" (10 mm) GUTTER LIP BACK OF DRIVEWAY APPROACH CF HEIGHT FLOW LINE OF GUTTE VARIES ; 1 4" 6mm EXP JT X I_ Y T (1/2) W SECTION B—B N.T.S. DIMENSIONS W= 16' (4.88m) MIN - 26' (7.92m) MAX FOR ALL DRIVEWAYS. X= 4' (1.22m) FOR 6" (150mm) CURB FACE. X= 5' (1.52m) FOR 8" (200mm) CURB FACE. Y= 7' (2.13m) ON MASTER PLAN STREETS Y= 4' (1.22m) ON RESIDENTIAL, NON -MASTER PLAN STREETS. NOTES: 1. ALL DRIVEWAY LOCATIONS AND DIMENSIONS SHALL BE APPROVED BY THE TRANSPORTATION SERVICES DIVISION. 2. CONCRETE SHALL BE CLASS 560-C-3250 PER LATEST EDITION OF STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SEC. 201-1. 3. DEPRESSED CURB IS STRAIGHT GRADED WITH 3/8" (10mm) GUTTER LIP. 4. BASED UPON EXISTING SOIL CONDITIONS, THE CITY ENGINEER MAY REQUIRE A KEYWAY AT BACK OF CURB. 5. FOR JOINT -DETAILS AND KEYWAY DETAIL, SEE STD DWG NO 314. 6. ALL PARTIAL DRIVEWAY RECONSTRUCTION SHALL REQUIRE TIE BARS (#4 x 24") AT 24" ON CENTER. 7. FOR A 5' (1.52m) PARKWAY, A 3' (914mm) PUBLIC SIDEWALK EASEMENT IS REQUIRED AT THE BACK OF PROPERTY/RIGHT-OF-WAY LINE. 8. CASE I - SIDEWALK ADJACENT TO CURB AND GUTTER. NO GREENBELT. CASE II - EXISTING GREENBELT BETWEEN SIDEWALK AND CURB AND GUTTER. CITY OF COSTA MESA DRIVEWAY APPROACH -TYPE II PUBLIC SERVICES DEPARTMENT COMMERCIAL AND MULTI -USE Costa M �/11� I ZY 63 STD. DWG. APPROVED: J ERNESTO 4UNO; LW14 UdWlIt.S DIRECTOR OF PUBLIC SERVICES 514 FILE NAME: STD -514 -DWG REVISED: SHT. 2 OF 2 WALK OR FILL-IN REPLACEMENT FOR EXCAVATIONS MADE PARALLEL TO CURB OR PROPERTY LINE. A. WALK LESS THAN 7 FT. WIDE C. WALK 7FT. WIDE OR WIDER Walk Adjacent to Pro ty Line Walk Adjacent to Roe Line LESS THANWALKp T (AML 'SAPWCUT REPLACE ENTIRE WALK REPLACE tlALK R T R, w=IK RE EHIToR TT. NIOC OK EARTH OR CONCRST[ FILL -19 E:JN[±� 34v IF SCOROOKE EARTH OR CONCRETE PILL -IN 41UTTER REPLACE 42 INCHES NF. Wolk Ad' acent to Curb Walk Adjacent to Curb LEAF THAN REPLACE EDLN WALII ITFT pl[S.VATI REPLACE 4] INCHES WN. T R. tlm[ 19 fI0 6NTSETY. gIDH M CLPHI am fR W1WCMr RI LEAF WINT 42 RIbEA CURD REPINE ENTIRE vAL3. muTTu ourrER B. FILL IN LESS THAN 7 FT. WIDE D. FILL IN 7 FT. WIDE OR WIDER L P/L WALK WALK IAWWT W MO 11 LTICIIT IT SCDRELRI[ IF L[S1 TION 12 INCHES PDDE OT SAtlCVT R@L•C! "RE FILL-IN. LIFT. THAN IS [Tv CE N4 -IN WIDE OR REPLACE 42 INCMEF M. T R. tlIDB bTt RY ff[ E6ITF3[TY. WIDER. GWTO SINTER BUTTER WALK OR FILL'IN REPLACEMENT FOR EXCAVATIONS MADE NORMAL TO CURB OR PROPERTY LINE. (THESE REDUIREAENTS ALSO APPLY TO ENOS OF PARALLEL EXCAVATIONS) V An ""VAT" FALLS WITHIN 00 INCHES OF AN EXPANSION JOINT, CONTRURIOR JOINT. REjUSm D WALJ( PAIS JOINT. CRACK OR DOGS, THE CONCRETE SMALL 0E REMOVED ANO REPLACED TO THE JOINT. SAWCOT 1 001NOMtl MKL CRACK OR EDGE. I IF AN EXCAVATION FALLS WITHIN 30 IA OF A HORp.INE.nE rnRCRETE SMALL DE REMOVED AND PLL -IN ; REPLACED TO THE SCQRKLIN!. THE SCORELINK SMALL SE 14WELT PRWR TO REMOVAL. THE CARO Wp6WN L[NSTM Of RlpLAClNCIR 10 BOTH CASES SMALL OE 00 INC!®, ONTT[R DRIVEWAY REPLACEMENT I SIDEWALK 64 DRIVEWAY REPLACEMENT DoomE.KS. gcg NONE P/L I I axR CALIX cA¢¢8 o jFEC: I Kc T11W aI i �! I—!�Evrru �SLOip _GT_GT CASE I DRIVEWAY. -PARNWT •PITON ^'1 CASE II DRIVEWAY �PeRxmY NOTES: I.CONCRETE INALK.FILL-N ANO. ORINkWAY3 REMOVED IN CONNECTION WITH CONSTRUCTION SMALL BE REPLACED TO NEATLY SAWED EDGES" SA]bNTS SMALL OE A NAISNVN OF ONE HALF THE THICKNESS IN CONCRETE OVER 4' TH" AND 2- DEEP IN comMTE 4" OR LESS IN THICKNESS. ALL CUTS -SHALL CC PARALLEL TO OR PERPENDICULAR TO THE CUM. ON CINV£3. THE CUT SMALL - BE RADIAL TO THE CURS. 2..A 3CORELIME OR NARK IS OEANEO AS A' L1NE,FIAOE WITH A JOINTER TOOL 1/2' DEEP OR LESS ANO NO MORE THAN 1/0" WIDE. 3. DRIVEWAY APRONS IN WHICH THE: stl. "DISTANCE LT LE3S THAN II R SHALL BE REPLACED IN THEW ENTIRETY IF CVT N ART AREA. 4..WHVEWAT APRONS IN WMICII THE "W' DISTANCE 13 11' OR WORE WAY BE CVT IR THE MID-SECTION AREA. THE MIKIRWI REPLACE - RENT SHALL BE OB" IN LENOIR, IF APPROVED 0Y CITY ENGINEER. S. ORRVEMY APRONS IN WHICM THE .m- _DISTANCE IS 2d OR MORE FAY BE NT IN TTCiOS IF APPROVED BY THE CITY ERONHER. S. DRIVEWAY APRONS SMALL BE REPLACED PITON THE BACK OF THE CURB TO THE BACK EDGE OF THE APRON. T. WALK PORTIONS OF DRIVEWAYS SWILL BE REPLACED AS SHOWN ABOVE FOE: EXCAVATION3 WADE PARALLEL OR RORNAL TO CURD. GALL COEECRETE WORK SMALL CONFORN TO TK$ C%RRERT EDITION OF THE STAKOARO SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION AND CITY OF COSTA WAR STANDAMI 001AWUM.- S. CONCRETE SMALL BE 3200 2300 PER CUFiRkNd LaATTiOM OF STANDARD SPECIFICATIOM POR PUBLIC WORKS . CONSTRUCTION SECTION 204-"61.2 - -CITY OF COSTA MESA CALIFORNIA PUBLIC SERVICES DtKRTMENT SIDEWALK 64 DRIVEWAY REPLACEMENT DoomE.KS. gcg NONE APPROVED If 5' STD. OM.NO. v CITY OF . 11 STT ! u NEWPORT BEACH 7A I RAW City Council'staff Report Agenda Item No. 4 / 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949-644-3311, sbadum@newportbeachca.gov PREPARED BY: Patrick Arciniega, P.E., Senior Civil Engineer APPROVED: 0 - TITLE: 15th Street Rehabilitation Project — Old Newport Boulevard to Redlands Avenue — Award of Contract No. 5077 ABSTRACT: Staff received favorable construction bids for the 15th Street Rehabilitation Project — Old Newport Boulevard to Redlands Avenue and is requesting City Council's approval to award the work to All American Asphalt. RECOMMENDATIONS: 1. Approve Reimbursement Agreement with the City of Costa Mesa and the City of Newport Beach; and 2. Approve the project drawings and specifications; and 3, Award Contract No. 5077 to All American Asphalt for the total bid price of $303,303.00 and authorize the Mayor and City Clerk to execute the contract; and 4. Establish a contingency of $45,000.00 (15 percent) to cover the cost of unforeseen work not included in the original contract; and 5. Approve Budget Amendment No. 13BA- 002 recognizing new revenue (reimbursement funds from the City of Costa Mesa) of $115,000.00 to Contribution Fund 250-4858 and appropriating $115,000.00 to Account No. 7251-C2002042. FUNDING REQUIREMENTS: Upon approval of the proposed Budget Amendment, there will be sufficient funding for the award of this contract. The following funds will be expensed: 15th Street Rehabilitation Project — Old Newport Boulevard to Redlands Avenue — Award of Contract No. 5077 July 10, 2012 Page 2 Proposed uses are as follows: Account Description Gas Tax Contributions (City of Costa Mesa) Water Enterprise Vendor All American Asphalt All American Asphalt Geotechnical Services Various DISCUSSION: Account Number 7181-C2002042 7251-C2002042 7511-C2002042 Total Purpose Construction Contract Construction Contingency Pavement Testing Printing & Incidentals Total: Amount $ 234,303.00 $ 115,000.00 $ 10,000.00 $ 359,303.00 Amount $ 303,303.00 $ 45,000.00 $ 10,000.00 $ 1,000.00 $ 359.303.00 The current Capital Improvement Program includes funds for the 151h Street Rehabilitation Project which is intended to repair deteriorated pavement conditions from Old Newport Blvd. to Redlands Avenue, update access ramps to the elementary school and correct excessive street crowning at the entrance to the school. This project location shares the border between Newport Beach and Costa Mesa. Newport Beach has taken the lead role in design of this project and will also be the lead during construction. Staff has coordinated with Costa Mesa Public Services staff throughout the development of this project. Costa Mesa has reviewed the plans construction estimate, cooperative agreement and bids. Per the cooperative agreement Costa Mesa will reimburse Newport Beach for improvements to their City within this contract. This agreement also includes five percent (5%) of Costa Mesa's total project cost to cover administrative costs related to their construction effort. At 10:00 A.M. on June 21, 2012, the City Clerk opened and read the following bids for this project: BIDDER Low All American Asphalt 2 RJ Noble 3 Nobest Inc. 4 EBS 5 Hardy & Harper, Inc. 6 Palp Inc, dba Excel Paving, Inc. TOTAL BID AMOUNT $303,303.00 $321,870.50 $328,000.00 $328,732.00 $345,000.00 $353,814.00 117. 15th Street Rehabilitation Project — Old Newport Boulevard to Redlands Avenue — Award of Contract No. 5077 July 10, 2012 Page 3 The low total bid amount is 25.7 percent below the Engineer's Estimate of $408,000.00. The low bidder, All American Asphalt possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for other public agencies. The work necessary to complete this contract consists of distributing construction notices to affected businesses, construction surveying, removing existing pavement; reconstructing curb and gutter, sidewalk, curb access ramps, adjusting utility and survey facilities, repaving streets and other incidental items of work necessary to complete the work in place. Pursuant to the Contract Specifications, the Contractor will have 30 consecutive working days to complete the work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQX) pursuant to Section 15301 (c) (minor alterations of existing public facilities with negligible expansion of the facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The Notice Inviting Bids for this project was advertised in the City's official publication and in construction industry 'publications. Approximately two weeks prior to starting work, a City prepared notice will be distributed by the contractor to businesses within the project limits advising them of the pending work. Additionally, a second notice will be distributed by the contractor to businesses a few days before work will start adjacent to their property. Q.,km;++r A h..• Attachment: A. Location Map B. City of Costa Mesa Reimbursement Agreement C. Budget Amendment 3 ATTACHMENT 0 SEE BELOW LEFT ' OLD NE`NPORT BLVD l F —__ co co II IIL III w L _ 1 L j W --- 9 SANTA ANA AVE I ORANGE AVE F IF SAN BERNARDINO AVE __�.. BOLSA AVE — - - �I II I I _ J ' — - ;I REDLANDS AVEcc w I �L I I Ir WESTMINSTER AVE — - - I hitt I I 1 1 I I 1 xi CATALINA RD I II SEE ABOVE RIGHT 15th STREET NOT TO SCALE CITY OF NEWPORT BEACH MISCELLANEOUS PAVING PUBLIC WORKS DEPARTMENT REPAIR PROJECT LIMITSDRAWN: JT SHT. I OF 1 DATE: 6/22/12 C-5077 h �'. 1 �. �r REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF COSTA MESA AND THE CITY OF NEWPORT BEACH FOR 15TH STREET PAVEMENT REHABILITATION PROJECT This Reimbursement Agreement ("Agreement") is made and entered into this day of , 2012 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("Newport Beach") and the CITY OF COSTA MESA, a California municipal corporation and general law city ("Costa Mesa"): RECITALS A.. The Newport Beach Capital Improvement Program (CIP) serves as a plan for the provision of public improvements. 'Street improvements on 15th Street from Old Newport Blvd. to Redlands Avenue are pavement improvements scheduled in Newport Beach's CIP ("Project"). B. The boundary line between Newport. Beach and Costa Mesa exists through the center of 15th Street. C. Newport Beach will take the lead on the Project and design, construct and manage the administrative parts of the Project. D. Costa Mesa agrees to reimburse Newport Beach for the portion of the design, construction and administrative costs ("Costs") associated with the portion of the Project that is within the City limits of Costa Mesa under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate sixty (60) days after the acceptance of the work performed on the Project by Newport Beach and Costa Mesa or on July 1, 2013, whichever is sooner, unless terminated earlier as set forth herein. 2. SCOPE The terms and conditions of this Agreement shall provide the administrative and funding responsibilities of the parties with regard to the Project. 3. PLANS Newport Beach agrees that the Project shall be completed pursuant to approved Project plans and specifications (the "Plans and Specifications") which shall be approved by Newport Beach and Costa Mesa and used in awarding the construction contract. Prior Reimbursement Agreement Page 1 I to commencement of preparation of the Plans and Specifications, Newport Beach shall submit its design engineer's proposal for the design of the Project. Costa Mesa will have a period of five (5) calendar days from the submittal date of such design proposal to review and either indicate its approval or request changes in writing. Newport Beach shall cause its design engineer to review and respond to any requested changes made by Costa Mesa. The Plans and Specifications shall be deemed to incorporate the applicable portions of the guidelines established by Standard Specifications of Public Works Construction (2012 'Edition with the latest supplements) 4.1 The parties agree that the Project includes the 15th Street right of way located within the boundaries of Costa Mesa and shall be included in Newport Beach's contract awarded for the Project. During the bidding process, Newport Beach shall deliver to Costa Mesa one (1) complete set of the bid documents that includes the work in the Costa Mesa right of way including all related addenda concurrently with the distribution thereof to prospective bidders. Upon opening of bids by Newport Beach, Newport Beach will submit the bids or a spread sheet summary of the bids to Costa Mesa. Costa Mesa will have a period of ten (10) calendar days from its receipt of the bid results for review and approval of bid item(s) submitted by the bidder identified to Costa Mesa by Newport Beach as Newport Beach's proposed successful bidder. Newport Beach agrees that bids received shall be subject to the written approval of Costa Mesa prior to award of the Project construction contract(s); and further agrees that in the event Costa Mesa does not approve such bids, either party may terminate this Agreement upon twenty-four (24) hours' prior written notice, in which event Newport Beach shall have no further obligation to construct the improvements in the Costa Mesa right of way, and Costa Mesa may elect to improve the Costa Mesa right of way with its own contractor. Within ten (10) calendar days of termination under this Section, Costa Mesa shall reimburse Newport Beach for all costs incurred to date on behalf of Costa Mesa. If Costa Mesa approves of the bid item(s) of Newport Beach's successful bidder, Newport Beach agrees to cause the Costa Mesa right of way to be constructed as part of the contract awarded to such bidder. 4.2 The total estimated construction costs for the Costa Mesa right of way improvements is One Hundred FifteenThousand and 00/100 Dollars ($115,000.00), which includes a fifteen percent (15%) contingency to cover the cost of unforeseen expenses, in accordance with the Engineer's project cost Estimate attached hereto as Exhibit A. However, the actual amount to be reimbursed to Newport Beach by Costa Mesa shall be based on the actual costs incurred by Newport Beach on Costa Mesa's behalf under this Agreement. 4.3 Upon award of the construction contract, Newport Beach shall provide Costa Mesa with one (1) original copy of the fully executed contract documents and one (1) copy of the bid package received from the successful bidder. 5. DESIGN REVISIONS AND CHANGE ORDERS. 5.1 Costa Mesa agrees to reimburse Newport Beach for any change order(s) for revision(s) requested by Costa Mesa or otherwise required to construct the Costa Mesa Reimbursement Agreement Page 2 I right of way. Unless required by an emergency, Newport Beach shall promptly furnish Costa Mesa with copies of any proposed change order(s). to such contract within five (5) working days of the initiation of the changed conditions to such contract, which shall be subject to Costa Mesa approval if and to the extent the Costa Mesa right of way are affected therefrom. 5.2 Costa Mesa shall promptly review proposed change order(s) and provide Newport =Beach with a response within five (5) working days or sooner of receiving proposed change order(s) information from Newport Beach. Costa Mesa agrees not to unreasonably cause delay(s) to the construction schedule of the Project in reviewing proposed .change order(s) for the Costa Mesa right of way. Notwithstanding any other provision herein, any approval required to be given by Costa Mesa under this Section shall be deemed given if no response to the Newport .Beach's request for such approval is received =by the Newport Beach within eight (8) ,working days following the written request for such approval unless, the parties agree otherwise: in a:writing executed by both parties. 6. REIMBURSEMENT 6.1 Costa Mesa agrees to reimburse' Newport; Beach for the following costs (collectively, the "Costs"): (1) the actual costs of design, construction, compaction testing, geotechnical services, permits, bonds, and legal fees (excluding the costs of preparation of this Agreement) incurred by Newport Beach in connection with the design and construction of the Costa Mesa right of way, plus (2) an administration fee which shall be equal to five percent (5%) of the actual cost of construction of the Costa Mesa right of way and which shall be deemed to cover all costs of project administration, including, but not limited to, accounting and inspection.. Newport Beach shall keep a separate accounting of all Costs incurred by Newport Beach in relation to the Costa Mesa right of way. 6.2 Within sixty (60) days of Costa Mesa's acceptance of the Costa Mesa right of way as provided in Section 9, a final accounting of the Costs shall be made by Newport Beach and submitted to Costa Mesa along with an invoice for the Costs and any supporting documentation necessary to show the amounts which represent Costs of Costa Mesa right of way improvements. Amounts paid pursuant to progress payment invoices shall be subject to adjustment in the final accounting. Within thirty (30) calendar days of said final accounting, Costa Mesa agrees to pay to Newport Beach the total amount of the Costs due. 7. LAWS, ORDINANCES, RULES AND REGULATIONS 7.1 Newport Beach shall require in its contract for the improvement of the Costa Mesa right of way that its contractor be fully informed of and comply with all laws, ordinances, rules and regulations, including, but not limited to, all applicable requirements of the California Labor Code, prevailing wage laws, the Construction Manual, and the Rules and Regulations of Costa Mesa, in connection with the improvement of the Costa Mesa right of way. Reimbursement Agreement Page 3 q 8. INSPECTION 8.1 Costa Mesa shall have discretion as to all aspects of design and construction of the Costa Mesa right of way improvements, and Costa Mesa shall be entitled to inspect the construction of the Costa Mesa right of way improvements as it deems necessary to assure compliance with the Plans and Specifications, including shop drawing review and material inspection thereof. Costa Mesa will promptly notify Newport Beach of any portion of the work on the Costa Mesa right of way which appears not to conform to the Plans and Specifications. The determination of Costa Mesa as to conformity of the Costa Mesa right of way with the Plans and Specifications shall be made in Costa .Mesa's sole and absolute discretion. Costa Mesa agrees not to unreasonably withhold its approval as to such conformity of the Costa Mesa right of way with the Plans and Specifications. Newport Beach shall require its contractor to construct the Costa Mesa right of way so that the Costa Mesa right of way conforms to the Plans and Specifications. 9. ACCEPTANCE Costa Mesa agrees to accept the Costa Mesa right of way improvements when the Costa Mesa right of way improvements have been completed by Newport Beach in accordance with all requirements of the Plans and Specifications, including any change orders approved by Costa Mesa, or required due to emergency as provided in Section 5 hereof. 10.OWNERSHIP It is mutually agreed between the parties hereto that notwithstanding the fact that Newport Beach shall accomplish the construction of the Costa Mesa right of way improvements subject to reimbursements the Costa Mesa right of way improvements to be completed hereunder, together with the necessary franchises, licenses, easements, rights of way, and other privileges, shall at all times be subject to the applicable rates, rules and regulations of Costa Mesa, as modified or amended from time to time. Newport Beach hereby disclaims any interest in the Costa Mesa right of way and does hereby transfer and assign to Costa Mesa any and all right, title, and interest it may have in the Costa Mesa right of way. Costa Mesa shall own, operate and maintain the Costa Mesa right of way following acceptance thereof. 11. INDEMNIFICATION 11.1 Newport Beach shall indemnify, defend and hold Costa Mesa, its officers, agents, employees, and engineers harmless from any expense, liability or claim for death, injury, loss, damage or expense to persons or property which may arise or is claimed to have arisen during construction of the Costa Mesa right of way improvements as a result of any work or action performed by Newport Beach or on behalf of Newport Beach, save and except to the extent such expense, liability or claim is proximately caused in whole or in part by any act, omission, or negligence of Costa Mesa, its officers, agents, employees or engineers or by any act or omission for which Costa Mesa, its officers, agents, employees or engineers are liable without fault. Reimbursement Agreement Page 4 H 11.2 Costa Mesa shall indemnify, defend and hold Newport Beach, its officers, agents, and employees, harmless from any expense, liability or claim for death, injury, loss, damage or expense to persons or property which may arise or is claimed to have arisen either (i) as a result of any acts performed by Costa Mesa, its officers, agents, or employees, with respect to the Costa Mesa right of way improvements construction; or (ii) following Costa Mesa acceptance of the Costa Mesa right of way, with respect to maintenance and operation of the Costa Mesa right of way, save and except to the extent such expense, liability or claim is proximately caused in whole or in part by any negligence of Newport Beach; its officers, agents, employees or engineers, or by any act or omission for which Newport Beach, its officers, agents, employees or engineers are liable without fault. 12. INSURANCE AND BONDING 12.1 Newport Beach shall cause its contractors) to provide performance and payment bonds for the construction of the Project and to obtain insurance coverage sufficiently broad to insure the matters set forth'.:in:`thts Agreement and to include Costa Mesa, its officers, agents, employees and engineers, as additional insureds on all insurance policies that Newport Beach requires its contractor(s) to provide. As evidence of such insurance coverage; Newport Beach shall, prior to commencement of construction of the Project, provide Costa Mesa with certificates of insurance and insurance endorsements from Newport Beach's contractor(s). 13. TERMINATION 13.1 Costa Mesa shall have the right to terminate this Agreement at any time, subject to the provisions of this section, by providing five (5) business days' prior written notice to NewportBeach, except as noted in Section 4.1. If at the request or direction of a party other than Newporl:7 Beach, the construction 'of the Costa Mesa right of way improvements is not accomplished or completed, Costa Mesa shall remain obligated for the actual amount of the Costs incurred by Newport Beach to the date of termination. 13.2 If Newport Beach's Project is canceled or modified so as to eliminate the necessity of the construction of the Costa Mesa right of way improvements, Newport Beach shall have the right to terminate this Agreement and thereby terminate its obligation to construct the Costa Mesa right of way improvements, by providing five (5) business days' prior written notice to Costa Mesa. In such case, Costa Mesa will not be obligated for any design or any other Costs incurred by Newport Beach. If Costa Mesa elects to construct the Costa Mesa right of way improvements, Costa Mesa may, but shall not be obligated to, acquire the design or other work from Newport Beach by separate agreement. 13.3 Either party may terminate this Agreement without cause upon seven (7) calendar days notice, provided if Costa Mesa terminates this Agreement it shall reimburse Newport Beach for costs incurred by Newport Beach on Costa Mesa's behalf to date. 14. NOTICE 14.1 Any notice or other written instrument required or permitted by this Agreement to be given to either party shall be deemed received when personally served or twenty-four Reimbursement Agreement Page 5 (24) hours after being deposited in the U.S. Mail, postage prepaid, registered or certified and addressed as follows: Costa Mesa: Attention: Ernesto Munoz, Director Public Works Department City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Phone: (714)754-5343 Newport Beach: Attn: Dave Webb, City Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644-3321 15. DEEMED APPROVAL Except as otherwise provided, any approval required to be given by either party pursuant to this Agreement shall be deemed given if no response to the party's request for such approval is received by the requesting party within fifteen (15) calendar days following the written request for such approval. 16.TIME OF PERFORMANCE Each of the parties agrees to perform all conditions of this Agreement in a timely manner reasonably necessary to carry out the spirit, intentions and objectives described in this Agreement whether or not expressly prescribed herein and no consent, agreement, approval, concurrence, decision, determination or action shall be unreasonably withheld by either party. 17. STANDARD CONDITIONS 17.1 Compliance With all Laws. The parties shall at their own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 17.2 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be.a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 17.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. Reimbursement Agreement Page 6 iZ 17.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the exhibits attached hereto, the terms of this Agreement shall govern. 17.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 17.6 Amendments. This Agreement may be modified or amended only by a written document executed by both parties and approved as to form by the City Attorney. 17.7 Severabilitv. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 17.8 Controlling Law And Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 17.9 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 17.10 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 17.11 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. [SIGNATURES ON NEXT PAGE] Reimbursement Agreement Page 7 p3 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. CITY OF NEWPORT BEACH, A California municipal corporation Date: Nancy Gardner Mayor ATTEST: CITY OF COSTA MESA, A California municipal corporation Date: By: Eric Bever Mayor ATTEST: Date: By: By: Leilani I. Brown Brenda Green City Clerk Interim City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE CITY ATTORNEY'S OFFICE Date: (a /Z I//'Z-- Date: By: .N'u Aaron C. Har City Attorney ATTACHMENTS: .Exhibit A: By: Thomas Duarte City Attorney [END OF SIGNATURES] Engineer's Construction Cost Estimate Reimbursement Agreement Page 8 I or . EXHIBIT A Reimbursement Agreement Page 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Tf71E LRhSarectRehablUtWonTOTALCONSMUCnONCOST CONTPACf NO-, 5077 ENGINEERS ESTIMATE $40800.00 PROJECTMANAGHi PabldiArCkJ9P • li@A Dl3tAIMON UANfIM URIT AMOUNT 1 1A fs 570.Easavloes Z 1.0�9 . drM 1A 6S4 nd P�ntROrb & GLttetperOt7off18 40 IF 53000 SUMM SID -W -L S Remove ertdRetontLutlStdeva@pert7t7ofN85TD+ 2W SF $4.00 an ... 6 RatmYamWRawmUvdA9eyAFFavaehperMo1 470 SF S7 NBS .JAii, A ' 7 Rea®vemedR f *mwayperOtgofOxta 270 SF 511A0 . li9aa so, DM Nat.514 &611 . 8 Ra3awexrtd Re=GMlctplvas,Wpar0tpofeM 100 SP $12=' 167{ 9 andPA=UbUd0vnG=w0frdhjwC[W 4W SF efASTMAS•1 . ... 10 RmmveoodRaome4000l9dmol SF' S39A0 ,. 21 Reumveod RecmM a0jrbAooatrpwat7ofN8 9 FA szmml SAW= { • .. 12 RmwA9d�&wA0xs =0xbAwm Ramp 1 FA sz7mwj SZ250M per@yofNaSfD•181{ .. 13 Rrxm6O Rampmrd0ombaaS�Cval&pet'QIMOfNB 100 SF S20A0 .. 1801, Rabe06RIxgA9atdmlafoGrode . 14 Pn=Tmefta 1 FA ' 15 MxaARoctsudcr 20 IF °,uII0.00 y 1G CWMW ?aeeutant 75.900 SF S9 '. .' .17 CofdM91 Pavemmd 13700: SF $2� 18t1"aUvaActerfagoxm7ppetfid+2•FG64•lo(1 w - IN S70A0 2°7Nrka>ehfift mentoveftomrse slim. 7N AR10A GG - .2D oang�attat:.BazeOwxseldpec9•az-FGw-10(6° 10. 7N $7o.00 $42. = • •', 21 Madtan DdA'c4% M2-8omb LF $19m ... .. 22 tbtnavclMedtax DaWoa9a�2-G'marb Us l9w . 23 meftm IMa0oo9met2-Pains .57A .. .. .� Oe�trxdwevam amosro4soa ; • - : PmtaaltAgtRWtq•Sto¢n tNaln Rake • ' to Gmdees RaptdmA. ' :2G Ho r3&ft�Utmr-5m'%wmaa mle. admt* $5MWRabetoma&wpndm&as JIE Ptoteat'6tt5gtt09tywaD¢tvaattltd oto -29 ra8k &9mmga .0.s&9tNmu S68240 FE S408AOOA0 .-eroetARvs�t P3o.f Ib CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 7m- 15th Sheet Rehabitfation conmuctlon costs -atv of costa Mesa coHtRncrm: 5077 Uvcn MISESMAM g�,oattm3 tv�oJEiaenuvnGFtc taawaa Pego-9" CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Tme. 15th street RehabMtation C*nstnKtion Costs - Newport Reach CONTM NO.- 5077 84MNW'S CMWTF- $369,287M PRORCr MAMAGflI: fttd&ArtNkp 0�.^T1�.�'�'•T'1 '. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Tme. 15th street RehabMtation C*nstnKtion Costs - Newport Reach CONTM NO.- 5077 84MNW'S CMWTF- $369,287M PRORCr MAMAGflI: fttd&ArtNkp 0�.^T1�.�'�'•T'1 Iff 1, =— Fuel: �--" Q OQmmm ;' i !0'..,`;Q�m Thr, ® ,r, "' lime !Ql�MEN 11� K3 MIN"17, : Q'®� MENEF-r -" w�'Q omm =—SEMO I � Q s ls�s NEENF MEN, mmm 1 t City of Newport Beach NO. BA- 13BA-002 BUDGET AMENDMENT 2012-13 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT: $115,000.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance NX No effect on Budgetary Fund Balance To increase revenue & expenditure appropriations due to a reimbursement agreement with the City of Costa Mesa for the 15th Street Rehabilitation project, which is intended to repair deteriorated pavement conditions from Old Newoort Blvd. to Redlands Ave. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description Amount Debit Credit REVENUE ESTIMATES (3601) Fund/Division Account Description 250 4858 Contrib Fund - Refunds & Rebates from Govt6 $115,000.00 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7251 Contribution Account Number C2002042 . 15th Street Pavement Overlay $115,000.00 Division Number Account Number Division Number Account Number Division Number Account Number Automatic System Entry. Signed: �G �` Fi is Approval: Finance Dir Date Signed: � i -�- 12 Ad alive Apprpr oval: City Manager bate — Signed: City Council Approval: City Clerk Date