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C-4707 - Santa Ana Heights Pavement Restoration (Mesa Drive, Cypress and Orchard UUD-19)
CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC June 30, 2015 All American Asphalt P.O. Box 2229 Corona, CA 92878 Subject: Santa Ana Heights Pavement Restoration Project — C-4707 Dear All American Asphalt: On June 24, 2014, 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 June 30, 2014. Reference No. 2014000257980. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is 7633881. Enclosed is the Faithful Performance Bond. Sincerely, ^ Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 . Fax: (949) 644-3039 • www.newportbeachca.gov Premium is for contract term and is subject to adjustment based on final contract price Executed in 2 Counterparts City of Newport Beach SANTA ANA HEIGHTS PAVEMENT RESTORATON Contract No, 4707 BOND NO, 7633881 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,567.00 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 10 All American Asphalt, hereinafter designated as the "Principal", a contract for construction of SANTA ANA HEIGHTS PAVEMENT RESTORATON, Contract No. 4707 In the City of Newport Beach, in strict conformity with the plans, drawings, spermcations, 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. 4707 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 One Million, One Hundred Fifty -Six Thousand, One Hundred Fifty -Six and 001100 Dollars ($1,158,156.00) 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 specked in this Band; otherwise this obligation shall become null and void. 31 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 attomeys 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 worts 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. fn 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 8th day of February 2013. All American Asphalt (Principal) fthori7d 5ignaturetle Fidelity and Deposit Company of Maryland Name of Surety Authorized Agent Signature 777 S. Figueroa SVeet, Ste. 3900, Los Angeles, CA 90017 Address of Surety (213) 270-0800 Telephone W Iliam Syrkin, Attorney -in -Fad Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 32 FORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On 2/12/2013 before me, Donna Thorne, Notary Public Date Here Insert name and Title or the Officer personally appeared Mark Luer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/sheA" executed the same in hisXerkheir authorized capacity(ies), and that by his/her{Iheir signature(s) on the instrument the person(s), or the entity upon behalf �A DONNA THORNE of which the person(s) acted, executed the instrument. Commission # 1892010 z :r Notary Public • California z I certify under PENALTY OF PERJURY under the laws of the Slate of Riverside County 3 Califomia that the forgoing paragraph is true and correct. My Comm. Expires Jun 7, 2014 WITNESS my hand official d and oicial seal. k Signature n4a" Place Notary Seal Above Signatum 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 Performance Bond No. 7633881 Document Date 2/8/2013 Number of Pages: Two (2) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer(s) Signer's Name: Mark Luer Signer's Name: ❑ Individual ❑ Individual X Corporate Officer—Title(s): President ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— o Limited c General ❑ Attorney in Fad ❑ Attorney in Fad ❑ Trustee Top of thimb here Tap of thumb here ❑ Trustee ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ,f ...L=f.'�ri_'a. 3's]<_.v_�t_f�; ait�'.�?a.�<+.<']Sha•C.O..c]. �+]S.f�: �]S ;c�Ny. CT .f<.%]f �.'T. ft�,:>vf��:%� fe;fJ \N ], o. :]rj. S3v.+i State of California 1 County of Orange Ji On 02/08/2013 before me, Nathan Robert Varnold, Notary Public bete Here Invert Nemo aritl Title W ee cer personally appeared William Syrkin Name(e) of sgeenel yA,NO' D r, e tY e LI 19445$3 1 ,0 t RYPUpUCCALIFORFdIA� CRAINGE COUNTY L�;P. JULY i 7, ?015 Place Nma,y seat AbM who proved to me on the basis of satisfactory evidence to be the person(e) whose names) Wam subscribed to the within instrument and acknowledged to me that he/sfietthey executed the same in hislhe 4Mic authorized capacity(ies), and that by his/kavNpeiF signature(o on the instrument the person(ft or the entity upon behalf of which the person(o 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 oM ' seal. Signature \0 Signature of Nou" Public OP77ONAL Through Me information below m not required by law, it may prove valuable to persona relying on the document and could prevent fraudulent removal and reattachment of Mrs form to another document. Description of Attached Document Tide or Type of Document: Performance Bond No. 7633881 Document Date: 02/08/2013 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: William ❑ Individual O Corporate Officer—Title(s): — F- Partner— ❑ Limited O General -J( Attorney in Fad * Trustee Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland R;GH- TH IJMH'RIta OF WIN ER Number of Pages: Two (2) Signer's Name: ❑ individual n Corporate Officer — Tide(s): ❑ Partner —❑ Limited C General n Attorney in Fad G Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top m thumb here CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani Brown, CMC September 3, 2014 All American Asphalt P.O. Box 2229 Corona, CA 92878 Subject: Santa Ana Heights Pavement Restoration Project - C-4707 Dear All American Asphalt: On June 24, 2014 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 June 30, 2014, Reference No. 2014000257980. The Surety for the bond is Fidelity and Deposit Company of Maryland and the bond number is 7633881. Enclosed is the Labor & Materials Payment Bond. Sincerely, 04DV YW V N—� Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov Premium is included in the performance bond Executed in 2 Counterparts City of Newport Beach SANTA ANA HEIGHTS PAVEMENT RESTORATON Contract No. 4707 BOND NO. 7633881 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 SANTA ANA HEIGHTS PAVEMENT RESTORATON, Contract No. 4707 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 Beads, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No, 4707 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 one Million, One Hundred Fifty - Six Thousand, One Hundred Fifty -Six and 001100 Dollars ($1,156,156.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 35 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to fife claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq, of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the Sth day of February , 2013. All American Asphalt (Principal) Authorized Signature/Title rAn,-K 1xer, P�eidav� Fidelity and Deposit Company of Maryland Name of Surety 777 S. Figueroa Street, Ste. 3900, Loa Ange lea, CA 90017 Address of Surety (213) 270-0600 Telephone uthorized Agent Signature William Syrkin, Attomey-in-Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On 2/12/2013 before me, Donna Thome, Notary Public Date Here Insert name and Tide of the Officer personally appeared Mark Luer Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/shekkey executed the same in his."h.,orAheH�' authorized capacity(ies), and that by his/beckheiF 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 Notary Public - California z I certify under PENALTY OF PERJURY under the laws of the State of Riverside County n California that the forgoing paragraph is true and correct. My Comm. Expires Jun 7, 2014' WITNESS my hand and official seal. Signature Bt(� /� Place Notary Seal Above Signature a 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 forth to another document. Description of Attached Document Title or Type of Document Payment Bond No. 7633881 Document Date 2/8/2013 Number of Pages: Two (2) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer(s) Signers Name: Mark Luer Signer's Name: ❑ Individual m Individual X Corporate Officer—Title(s): President ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited o General ❑ Partner— o Limited o General ❑ Attorney in Fact o Attorney in Fad m Trustee Top of thumb he a ❑ Trustee Top of thumb here m Other: m Other: Signer is Representing: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ��•,v s;i3<;=:i.a<.+.*'•_i>�nl,.ti>,r.:�t..�a".s�N..*�t_aat�cn...*y •.l;t:;A.a>.L.:D>';'\�Q...YPC:7>nv..ra>�„'a State of California County of Orange On 02/08/2013 before me, Nathan Robert Varnold, Notary Public pate Viers Isaen Nems eMTAIe a Ins Officer personally appeared William Syrkin Neme(s{d igrrerfs) �� ^� C r c HG6 4�.rtfi0l_D �l rnr�2�l'v�rGF OitPiIA> Placa Notary sml Above who proved to me on the basis of satisfactory evidence to be the person(s) whose names) Wave subscribed to the within instrument and acknowledged to me that hafshellhey executed the same in hL%%er 6wk authorized capacity(les), and that by hist signature(O on the instrument the person(ft 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 V� ti— sighature d Nolery P OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Payment Bond No. 7633881 Document Date: 02/08/2013 Signer(s) Other Than Named Above: All American Asphalt Capecity(ies) Claimed by Signer(s) Signer's Name: William Syrkin ❑ Individual O Corporate Officer—Title(s): — ❑ Partner—Li Limited ❑ General Attorney in Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Corn -nv of Maryland HlGtii THIIMpPHIIf' Of 9GNER Number of Pages: Two (2) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ffiffiffma ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: TOP of thumb here EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fac. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and 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 Article V, Section 8, of the By -Laws of the Companies is still in force. 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 ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." 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 COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and 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. thisI TESTIMQ➢JY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, day of 21, 201�. �p otroy �n � fJ�ttYtY vO`sif o, BAL X A "'�r Geoffrey Delisio, Vice President ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William SYRKIN, Rebecca HAAS -BATES, Sergio D. BECHARA and Richard ADAIR, all of Irvine, California, EACH its true and lawful agent and Attomey-in-Fact, to make, execute, seat and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND,; DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V. Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of January, A.D. 2013. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND � ,ra auo , o�ius BBAL _ 102 '0J Assistant Secretary Vice President Eric D. Barnes Thomas O. McClellan State of Maryland City of Baltimore On this 15th day of January, A.D. 2013, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Sea] the day and year first above written. ............ Constance A, Dunn, Notary Public My Commission Expires: July 14, 2015 POA -F 012-0033D ACKNOWLEDGMENT .0..0..............................................0.00.......................1 State of California County of On Public, personally appeared ss. before me, proved to me on the basis of satisfactory evidence to be the person(s) subscribed to the within instrument and acknowledged to me that hel same in his/her/their authorized capacity(ies), and that by his/her/thei instrument the person(s), or the entity upon behalf of which the persornl instrument. 1 certify under PENALTY OF PERJURY under the laws of the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seek Notary who f ose names) is/are e/they executed the signatures(s) on the acted, executed the of California that the ....................• u....................• A ............ snoop ................. OPTIONAL INFORAfATION 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 Identifi ion Paper Identification Credible Witness(es) Capacity of Signer: Trustee _ Power of Attorney _ CEO/CFO/COO President I Vice -President / S cretary I Treasurer Other: Other 37 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT ......................................................................same..... State of California County of On Public, personally appeared ss. before me, proved to me on the basis of satisfactory evidence to be the person(s) whose na e(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they dxecuted the same in his/her/their authorized capacity(ies), and that by his/her/their signat res(s) on the instrument the person(s), or the entity upon behalf of which the person(s) act , executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State o>f 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 I Vice -President I Other: Other Information: / Treasurer .9 (seal) ..ma ....................... Thumbprint of Signer Check here if no thumbprint or fingerprint is available. go Recorded in Official Records, Orange County �:( Hugh Nguyen, Clerk -Recorder RECORDING REQUESTED BY AND IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE WHEN RECORDED RETiYRN T,O: :- +$ R o a o 6 7 9 9 2 s 2$ 20140002579801:00 pm 06130114 City Clerk - 90 411 N12 t City of Newport Beach c, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100 Civic Center Drive ; Newport Beach, CA 92660 Exempt from recording fees pursuant to Government Code Section 27383" _ 11 NOTICE OF COMPLETION 1 P NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, fl Newport Beach, California, 92660, as Owner, and All American Asphalt of Corona, CA, as Contractor, entered into a Contract on February 26, 2013. Said Contract set forth certain improvements, as follows: Santa Ana Heights Pavement Restoration Project (C-4707) Work on said Contract was completed, and was found to be acceptable on June 24, 2014, 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 Z, -,O 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 Tun C1t GYl/� at Newport Beach, California. i BY h Ara City Clerk �� v CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani Brown, CMC June 25, 2014 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following project: • Santa Ana Heights Pavement Restoration Project (Contract No. 4707) Please record the enclosed document and return to the City Clerk's Office. Thank you. Sincerely, Leilani 1. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.nevrportbeachca.gov RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE 1S HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and All American Asphalt of Corona, CA, as Contractor, entered into a Contract on February 26, 2013. Said Contract set forth certain improvements, as follows: Santa Ana Heights Pavement Restoration Project (C-4707) Work on said Contract was completed, and was found to be acceptable on June 24, 2014, 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. Am 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 Juno, at Newport Beach, California. BY l jhY ' hmK-." City Clerk TO: FROM: PREPARED BY: PHONE: TITLE: ABSTRACT: CITY OF NEWPORT BEACH City Council Staff Report June 24, 2014 Agenda Item No. 4. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov Patrick Arciniega, Senior Civil Engineer 949-644-3347 Santa Ana Heights Pavement Restoration Project - Notice of Completion and Acceptance of Contract No. 4707 (CAP11-0022) On February 26, 2013, City Council awarded Contract No. 4707, Santa Ana Heights Pavement Restoration Project to All American Asphalt, for a total contract cost of $1,156,156 plus an $115,000 allowance for contingencies. The required work is now complete and staff requests City Council acceptance and close out of the contract. RECOMMENDATION: a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after acceptance by the City Council. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following accounts: Account Description Santa Ana Pavement Restoration Slurry Seal Program IRWD Contribution Account Number 7459-C5100879 7013-C2001011 7251-C5100879 Total: Amount $ 1,323,189.81 $ 37,372.18 $ 115,724.64 $ 1,476,286.63 DISCUSSION: The City of Newport Beach annexed East Santa Ana Heights in July 2003. In concert with the County of Orange, Newport Beach began to manage and complete approved capital projects formed prior to annexation under the County of Orange's Redevelopment Agency (County RDA). One of these County RDA projects included undergrounding overhead utilities along Cypress, Mesa (and more), restoring the existing streets & improving the multi -use trail system along Cypress and Mesa. This County RDA project was broken down into two separate City construction projects. The first City project administered was to underground the overhead utility lines running along Mesa Drive and Cypress Street. This project served two purposes; the first was to remove the unsightly overhead lines and the high concentration of utilities that lined both sides of Cypress Street; the second was to improve pedestrian and equestrian access to the sidewalks and horse trail system as many of the existing utility poles were located directly in the path of the horse trail or sidewalks. At certain locations, the poles severely restricted the horse trail width. The City facilitated the formation of an Underground Utility District, provided construction inspection, and assisted with management of the project. Work began with the undergrounding of the overhead utilities in June 2009 and completed with the last conversions of the private property services in March of 2012. As a result of the utility undergrounding project, numerous street pavement trenches & patches, trail/sidewalk patches, as well as grading issues caused by the undergrounding trenching and pole removals needed to be addressed. The second City project, the Santa Ana Heights Street Rehabilitation project was designed to repave the area streets, re -grade and improve trails, repair and replace sidewalks, and address ADA access requirements resulting from the overhead utility undergrounding project. This street and trail/sidewalk rehabilitation project was advertised in the Fall of 2012, just ahead of the State mandated County RDA closure deadline for the County of Orange. A summary of the final cost is as follows: Overall Contract Cost/Time Summary The work necessary to complete this contract included construction of missing and damaged sidewalk, curb and gutter, curb access ramps, driveways, horse trail and railing, storm drain improvements, Cypress street end re -landscaping, sub -surface utility relocations, reconstructing portions of the street, cold milling and placement of an asphalt pavement overlay on Cypress Street, Mesa Drive and Orchard Drive. In addition, the following safety improvements were completed on Mesa Drive between Cypress Street and Mesa Birch Park; connecting a missing horse trail link on the south side of the street, connecting a missing % Due Awarded Final Cost Contingency to % Due to Contract at Allowance Actual Contract Change Directed Unforeseen Amount Completion Change Change $1,156,156.00 $1,476,286 10% or less +27.7% 14.1% 13.6% Allowed Contract Time 100 Actual Time Under (-) or Over (+) 0 (days) The work necessary to complete this contract included construction of missing and damaged sidewalk, curb and gutter, curb access ramps, driveways, horse trail and railing, storm drain improvements, Cypress street end re -landscaping, sub -surface utility relocations, reconstructing portions of the street, cold milling and placement of an asphalt pavement overlay on Cypress Street, Mesa Drive and Orchard Drive. In addition, the following safety improvements were completed on Mesa Drive between Cypress Street and Mesa Birch Park; connecting a missing horse trail link on the south side of the street, connecting a missing sidewalk link on the north side of the street to ensure ADA access, and completing the work needed to correct a sight distance issue with the street grade. This portion of the job along Mesa also required modifications to the drainage flow lines on both sides of the street, which impacted resident frontages resulting in an assortment of private grading, wall, driveway, and landscape modifications and replacements. The project originally included approximately $100,000 for restoring and repairing anticipated resident frontage improvements, however additional frontage work and contract change orders were necessitated as a result of varying site conditions; property owner negotiations over adequate replacement of, and connection to existing improvements; as well as several safety modifications to address concerns raised by the equestrian community during construction. Further large change orders were generated due to strict water line standards required by the Irvine Ranch Water District (IRWD). Over the course of constructing new curb and gutter within the project, it was necessary to relocate ten IRWD water meters. IRWD policy required a new water service lateral be installed from the main to the meter as part of these meter relocations. This cost was unforeseen in design and added substantially to the change order total. All IRWD related costs are reimbursable through a prior signed agreement between the City of Newport Beach and IRWD. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $1,156,156.00 % of actual cost Cost Reduction due to reduced bid $11,175.00 1.0% items constructed: Private Property interface related $119,133.00 10.3% change orders: City directed change orders: Flagship Rd., chain link fencing, SCE $52,869.00 4.6% utility Unforeseen change orders: IRWD, survey design, landscape irrigation, $159,303.00 13.8% utility relocation Total change orders: $320,130.00 27.7% Final contract cost: $1,476,286.00 The actual cost of bid items constructed was $11,175.00 less than the original bid amount due to slightly less asphalt tonnage used than originally estimated. The final contract cost was approximately 27.7% above the original bid amount with change orders totaling $320,130.00. IRWD's portion of extra work that is being reimbursed on this job totaled $115,724.64. Santa Ana Heights Pavement Rehabilitation project was awarded on February 26, 2013 however, the notice to proceed could not be issued until funding was secured from the County of Orange's RDA. Per the specifications for this job the contractor was required to delay construction until funding was in place. The City issued the notice to proceed on May 20, 2013, which allowed for a 60 -day construction schedule. The original completion date was hoped to be August 21, 2013. Due to scheduling and coordination issues associated with the necessary underground utility relocations, the project was delayed for approximately six months. During this time Southern California Edison, AT&T, Time Warner Cable, Southern California Gas, and IRWD water services were relocated or upgraded prior to restoration of the street, curb, gutter and sidewalk. Taking into account the delays associated with necessary utility relocations, the project began significant street construction in mid-December 2013. On April 28, 2014 the project was substantially complete. Due to the delays for these utility relocations, the contractor was allowed an additional 30 contract working days. A summary of the project schedule is as follows: Estimated Completion Date per 2013 Baseline Schedule 8/30/2013 Project Awarded for Construction 2/26/2013 Contract Completion Date with Approved Extensions 4/28/2014 Actual Substantial Construction Completion Date 4/28/2014 This project began over a decade ago thanks to the interest of several Santa Ana Heights residents, including Barbara Venezia. Later, as chairperson of the Santa Ana Heights Project Advisory Committee, Ms. Venezia and other members of the SAH PAC championed the project through several challenging hurdles - from methods of funding to the scope of the trail project to clean-up items at the end. City staff has appreciated the manner in which all of the former PAC members as well as staff from Supervisor John M.W. Moorlach's office (including Supervisor Moorlach himself, Mario Mainero, Ian Rudge, Bob Wilson and others) worked with us through the process, and wish to thank them for their patience with this very challenging project. 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 existing public facilities with negligible expansion of the favi I i ti es i n areas that are not envi ronmental I y sensi tive. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Project Location Map ATTACHMENT A 1Rp�IEN�� �,p�sTo V11VE l FT 02 PG 5 O�� F Q� opcyQ z �a N CITY OF NEWPORT BEACH Santa Ana Heights Pavement PUBLIC WORKS DEPARTMENT Restoration Project Location Map C-4707 1 06/24/2014 CITY CLERK 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 18th day of December, 2012, at which time such bids shall be opened and read for Title of Project • $ 1,224,500.00 Engineer's Estimate ILII III@��i II���IMII��avid A. FWebb Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Mouse Graphics at (949) 548-5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project. "A" For further information, call Patrick Arciniega, Protect Manage at (949) 644-3347 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http:!/www.NewportBeachCAgov CLICK: Online Services /Bidding & Bid Results City of Newport Beach ExmLcjlwk&l2wwkd4 I Contract No. 4707 NOTICE INVITING BIDS......................................................................................... Cover INSTRUCTIONS TO BIDDERS.......................................................................................3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)....................................................................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NONCOLLUSION 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...............................................................35 PROPOSAL... .............. __ ... ............ __ ....... ....... ..... _ PR -1 SPECIAL PROVISIONS... ...... .... _ ... _ ............... .................... .... __ ............ _ ... ..... SP -1 K Contract No. 4707 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 "Seated 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. 3 & 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. Contractor's License No. & Classification Bidder A,21/e�'A — Authoriz ignat relflt e k" C.S. 're—s;c � Date :! Bid Bond I.1o. 08597423 Bid Date: 12/18/2012 City of Ngvwport Beach SANTA ANA HEIGHTS PAVEMEi'VT RESTORATON Contract No. 4707 BIDDER'S BOND Vile, 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 SANTA ANA HEIGHTS PAVEMENT RESTORATON, Contract No. 4707 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this 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. Witness our hands this 51th day of December . 2012. All American Asphalt Name of Contractor (Principal) u# orized Signatu Fidelity and Deposit Company of Maryland Name of Surety 777 S. Figueroa Street, Ste. 3900, Los Angeles, CA 90017 Address of Surety (213) 270-0600 Telephone Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On 12/17/2012 before me, Donna Thorne, Notary Public Date Here Insert name and Title of the Officer personally appeared Robert BradleV 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/6#e/they executed the same in his/bef4h& authorized capacity(ies), and that by his/he" 16dsignature(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 `m� Notary Public - California D I certify under PENALTY OF PERJURY under the laws of the State of Riverside County California that the forgoing paragraph is true and correct. My Comm. Expires Jun 7, 2014 WITNESS my hand and official seal. Signature ��i1//�-� JAA� ,- " 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 12/05/2012 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 ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General RIGHT RIGHT ❑ Attorney in Fact ❑ Attorney in Fact OF ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: All American Asphalt N. ?�XMI, M.:a.: a. �.,s�v�Rh v_ _ ,s�.v.�R �aR.ca. �R!waS,naR �3 va. aaL!v\3 ,?. �v ,c��..s�. zap. c�a sa. R..s�•.�.,� ti*�., G�� State of California County of Orange On 12/14/2012 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 Commission # 1866283 a "= Notary Public - California zzD Z % �� Orange County My Comm. Expires Sep 26, 2013 who proved to me on the basis of satisfactory evidence to be the person(-&) whose name(&) is/ere subscribed to the within instrument and acknowledged to me that +re/she/they executed the same in *ie/her/their authorized capacity(iee), and that by 41s/her/4hei signature(-&} on the instrument the person(*, or the entity upon behalf of which the person(-&} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 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: 12/14/2012 Signer(s) Other Than Named Above: All American Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Individual Corporate Officer—Title(s): _ Partner— ❑ Limited U General V Attorney in Fact Ll Trustee Guardian or Conservator Other: Signer Is Representing: Fidelity and Deposit Company of Maryland FINGHT THUMRPRINIT OF SIGNER Number of Pages: One (1 Signer's Name: Ej Individual El Corporate Officer — Title(s): El Partner — 0 Limited 0 General _! Attorney in Fact L Trustee L�2 Guardian or Conservator O Other: _ Signer Is Representing RIGHTTHUMBPAIINr OF SIGNER 02007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder. Call Toll -Free 1-800-876-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by 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. zr BAUER, all of Glendale, California, EACH its true and la e 4 execute, seal and deliver, for, and on its behalf as surety, and as its ac o n ertakings, and the execution of such bonds or undertakings in pursuance hall e iFby said Company, as fully and amply, to all intents and purposes, as if the e ut 1 e regularly elected officers of the Company at its office in Baltimo th ' n power of attorney revokes that issued on behalf of Richard ADAIR, P. BAUERD e A0 The said Assistant eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of June, A.D. 2011. ATTEST: State of Marylandi ss: City of Baltimore J FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretan- 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 he 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. i 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 POA -F 012-0033D "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one: of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attornoy 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 ntay 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 IOrb 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 sante 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 5th day of December 2012 Asslsiau Secretary 11e ir311 Ir ir.. .. Contract No, 4707 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 Number Description of Work %ot Total Bid Name: tff&& ah ifedriG 07 EIEG ifGfis Address: M h4plUQj Ve, , Mir G . Phone: l) M -State License Number: 61MIF r Name: Q1 Lain 5 P�,1Pe Laindoeaii Lain � t dU�a Address: 1i t~IQ��i((t��td�}ljgg�Y. p founri tq e j(pt Phone:(11163- qG/ State License Number. 866z Name: L9Ozel CODOW6CFSi!flI' Address: IgIq r KfegoLtttVgp Q!lauAni �a r� Phone: Nvlq qu State License Number: \ Bidder orized Signature/Title `� a ♦ a ♦ ♦ • g'. o ♦ 0'.. 0 a z0. ♦ i..: 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 Number Description of Work %of Total Bid Name: "Uca"FA fffur tan wrrn 46jlru Address T F, Or rI r l "z ,i 5-1ZY Aproe"M CA 2q Phone: 53 ® g r p6t State license Number: Ggg23 Name: VuP£r Li I � Wipett �l th Address: 5yimrCA t 9(( Phone: 7 �r State License Number: � 4 Name: -cazdain6uI i P l} r Address: 6 g�q i yy dj J t= fGl` CA ��tC�i�:r Phone: � � )6 esk t q State L cense Number: L6 -5Y 11 Bidder orize ignatl.Ue i e _ $ itY� s^t Contractor must use this form!!! Please print or type. Bidders Name At�- 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. 9 Project Name/Numbert Project Description Approximate Construction Dates: From t-� To: Agency Name Contact Person Telephone nq) Original Contract Amount $�n��nal Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) t1i(R 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. 7 Ma Project Name/Number ae-�fve�wC "Cy,�rC7 Project Description f PYxc,e Approximate Construction Dates: From Agency Name Contact Person -te \PCO Telephone �( 1 �'1 j �_ Original Contract Amount $Jok,2-AFinal Contract Amount $ �j'3k- k — If final amount is different from original, please explain (change orders, extra work, etc.) M 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. 'Qb ►L.�] Project NameiNumberf t;W&f. - - ve€�k Project Description 3�CL k r 7— Approximate Construction Dates: From 1 S L) To: --\ 11-C) I'ZUl L Agency Name Contact Person? .mom ' a Telephone Original Contract Amount $_tL w)f Final Contract Amount $? lA- Wcc 'f 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. M No. 4 Project Name/Number -L-�0-2zm Project Description 7:Arce,4 Approximate Construction Dates: From u\\ To: Agency Name Contact Person_Telephone Original Contract Amount $24ow.-Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc,) r"IA Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims, No. 5 Project Name/Number Project Description lies Fc; Approximate Construction Dates: From To: Agency Name6--\�VA Contact Person Telephone t4,1) to rt e Original Contract Amount $a,` .`- -Rnal Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) NIA Did you file any claims against the Agency? Did the Agency file any claims against youlContractor? If yes, briefly explain and indicate outcome of claims. 91 No. 6 Project Name/Number. 2oko-zo« Project Description `-Lyeck Approximate Construction Dates: From -gt 12b\. To: -0,Z 2,o\2, Agency NameaC`e Contact Personelephone " Isq Original Contract Amount $24a-iipmfinal Contract Amount $ 2 t8 auc If final amount is different from original, please explain (change orders, extra work, etc.) /"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. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidder 12 May 2, 2008 Doug Harrington P.O. Box 2229 Corona CA, 91718-2229 QUALIFICATIONS — 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--11ndustrial 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. CitV of Newport Beach SANTA ANA HEIGHTS PAVEMENT RESTORATON Contract No. 4707 NON -COLLUSION AFFIDAVIT State of California ) } ss. County o0'f--iAt, ) 1�v -N , being first duly sworn, deposes and says that heQF-F} is �SL&F-' of >NR\ f'6'0 (7 , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf df, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the Bidder the :d S'ignature/Title. Subscribed and sworn to (or affirmed) before me on this l� day of by Eob P,✓i' 'OmAU). , p satisfactory evidence to be the erson(s) who appeared before true and correct. , 2012 to me on. the basis of I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] DONNA THORNE Commission # 1892010 Z(&My Notary Public - California zZRiverside County Comm. Expires Jun 7, 2014 13 Notary Public My Commission Expires: /O 11 1.2 O/ M .. Bidders nameit' Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): �._A SNYP. F�� .�,..�'�4'.: �.YL�tYtGQ `..'Y l�`�� ✓�••`•�JW 4' T Contract No. 4707 TO ACCOMPANY PROPOSAL Bidders Name A ,C,ef �cc & Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2011 2010 2009 2008 2007 Total 2012 No. of contracts l GV A %,A(A Total dollar Amount of Contracts (in Thousands of $) 2s-�r� No. of fatalities No. of lost Workday CasesaA No. of lost workday cases involving permanent transfer to anotherjob or - termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 To whom it may concern: On May 28, 2010 All American Asphalt flied a death claim vvitl€ t 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 flied 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, On July 22, 2012, All American Asphalt employees were replacing concrete panels on the 405 freeway in Torrance. Around 3:35am two drunk drivers entered our work zone and fatality wounded two of our employees. We were informed both drivers tested positive for alcohol beyond the legal limit. The CHP advised on television that our work zone was well fit and that our traffic control was set in place according to plan. Cal OSHA is investigating and has up to six months to complete their investigation. Please let me know if you have any questions. You may call me at 909-815- 8404 or e-mail me at brpeaselO)msn.com if you have any questions. 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 tat 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 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. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside on December 17, 2012 before me, Donna Thorne, Notary Public Date Here Insert name and Title of the Officer personally appeared Mark Luer and 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) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in DONNA THDRNE h;�/their authorized capacity(ies), and that by bis/#er/their 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 : Notary Public - California zZ Riverside County n My Comm. Expires Jun 7, 2014 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 &0_ / v 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 Business Information Sheet Document Date: 12/17/2012 Number of Pages: One (1) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Mark Luer ❑ Individual ❑ Corporate Officer — Title(s): President ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee to Other: Signer is Representing: Signer's Name: Robert Bradley ❑ Individual ❑ Corporate Officer — Title(s): Vice -President ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ` Top of thw ❑ Trustee ❑ Other: Signer is Representing: NIMM •• i'I Bidders name�!4rt��c4� The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: re 17 I i I I VJWJT*kTNU—*!- LAMZI Contract No. 4707 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: Business Address: PC, � o4vxv\ C OvIsAt Telephone and Fax Number. kQ�AN�;,kp :7\U0:N, California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) Original Date Issued: tCt Expiration Date: k� List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone \-k\C\\0,PVV0w1<,W, ,a4�Q C� Corporation organized under the laws of the State of M The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: M For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; 11 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, jo For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labo compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / _off.. IN Are any claims or actions unresolved or outstanding? Yes / No If yes to any of the above, explain. (Attach additional sheets, if necessary) N 0 Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. A\\ NTT' cckejw'L1k Bidder (Print name of Owner or President of Corporatio /Com any) horized Signature/Ti Title _aI���IZ Date On /.2//-7 /a beforee, TO V1 "a 01L Notary Public, personally appeared F1 r , who proved to me on the basis of satisfactory evidence to be the person( whose nameV) is/are subscribed to the within instrument and acknowledged to me that he/she4#ey executed the same in hiS/heFAheir authorized capacity(ies), and that by his/ke#tHe signature(P) on the instrument the person(o, or the entity upon behalf of which the person(o 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. Notary Public in and for said State My Commission Expires: It/1/20/4 (SEAL) Id DONNA THORNE Commission # 1892010 z `m Notary Public - California z Riverside County r My Comm. Expires Jun 7, 2014 20 City of Newport Beach Contract No. 4707 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, Genera[ 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 Contract No. 4707 THIS CONTRACT FOR PUBLIC WORKS entered into this 29'day of 2013, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City("City") and ALL AMERICAN ASPHALT, a California corporation ("Contractor'), 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 affected businesses and residents; (2) construction surveying; (3) removing existing raised pavement markings, raised pavement markers, and existing traffic striping; (4) removing existing pavement, curb and gutter; (5) grinding (cold mill), clearing existing pavement surfaces of debris, soils, and other loose materials, reconstructing and overlaying roadway; (6) constructing curb and gutter; (7) adjusting utility and survey facilities; (8) installing ADA ramps, truncated domes, traffic striping, pavement markings, and raised pavement markers; (9) coordinating with outside utility owners to have facilities raised to grade; (10) relocating and reconstructing catch basins; (11) removing and replacing storm drain line; (12) removing and replacing horse trail fencing and reconstructing horse trail; and (13) other incidental items to be completed in work place required by the Plans and Specifications. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4707, 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 activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Million, One Hundred Fifty -Six Thousand, One Hundred Fifty -Six and 001100 Dollars ($1,156,156.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Attention: Patrick Arciniega (949)644-3347 F. INSURANCE. REQUIREMENTS All American Asphalt P.O. Box 2229 Corona, CA 92878 (951) 736-7600 (951) 736-7646 Fax 1.1 Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a 23 form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 1.2 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, 1.3 Coverage Requirements, 1.3.1 Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, officials, employees and agents. 1.3.2 General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, 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) completed operations aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including 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, 'rz! 1.3.4 Umbrella or Excess Liability Insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than four million dollars ($4,000,000) that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. 1.3.5 Builder's Risk Insurance. For Contracts with property exposures during construction, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 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. 1.3.6 Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability coverage with a total limit of liability of no less than $5,000,000 per loss and $5,000,000 in the aggregate per policy period dedicated to this Project. The CPL shall be obtained on an occurrence basis for a policy term inclusive of the entire period of construction. If all or any portion of CPL coverage is available only on a claims -made basis, then a 10 -year extended reporting period shall also be purchased. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage 25 for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. [Note: this provision can be waived if there is no known or suspected pollution at the project site. This provision is also not applicable to maintenance and repair contracts unless there is a known pollution risk.] 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement 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. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability (if required), shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. 1.4.4. Notice of Cancellation. All policies shall provide 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. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required 26 herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time, 1.5.2 City's Right to Revise Requirements, The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. 1.5.3 Right to Review Subagreements. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. 1.5.4 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. 1.5.5 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. 1.5.6 Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. 1.5.7 City Remedies for Non Compliance, If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Contractor's right to proceed until proper evidence of 27 insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. 1.5.8 Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 1.5.9 Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the project or to obtain coverage for completed operations liability for an equivalent period. 1.5.10 Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 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 Bairns (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, M 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 Contractor. 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 be performed, and has correlated all relevant observations with the requirements of the Contract Documents. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail J. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. SIGNATURES ON NEXT PAGE 0141 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the dates written below. APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY Date: Z /z .r h 3 Aaron C. Harp City Attorney Y-5, ATTEST:2 13 Date: aa -Z Leilani I. Brown City Clerk 30 CITY OF NEWPORT BEACH A California Municipal Corporation and City and Charter City Date: By: 0 Keith D. Curry Mayor ALL AMERICAN ASPHALT California corporation Be (Corporate Officer) Title: President Print Name: Mark Luer Date: '2-11 212013 By: Ll - (Financial Officer) Title: \ise-P-r-e64d4aA 5e-j2eTnr�/ Print Name:-I�e�e�- NM i cvx'e l Date: 2' CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On February 12, 2013 before me, Donna Thorne, Notary Public Date Here Insert name and Title of the Officer personally appeared Mark Luer and Michael Farkas who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that helshe/they executed the same in htslher/their authorized capacity(ies), and that by hislher/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. - ` Notary Public - California z Z ' i. Riverside County I certify under PENALTY OF PERJURY under the laws of the State of My Comm. Expires Jun 7, 2.014 California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature J -&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 Document Date: 2/12/13 Number of Pages: Thirty 30) Signer(s) Other Than Named Above: City of Newport Beach Capacity(ies) Claimed by Signer(s) Signer's Name: Mark Luer ❑ Individual It(Corporate Officer — Title(s): President ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: Signer's Name: Michael Farkas ❑ Individual v"Corporate Officer — Title(s): Secretary ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: Premium is for contract term and is subject to adjustment based on final contract price Executed in 2 Counterparts BOND NO. 7633881 FAITHFUL. PERFORMANCE BOND &0, The premium charges on this Bond 13 $ 4,567.00 being at the rate of $ 3.96 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 SANTA ANA HEIGHTS PAVEMENT RESTORATON, Contract No. 4707 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. 4707 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 One Million, One Hundred Fifty -Six Thousand, One Hundred Fifty -Six and 001100 (Dollars ($1,166,166,00) 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 severalty, 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 some, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 31 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 aofion 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 shelf 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 8th day of February2013. All American Asphalt (Principal) v tA�thori d Signature/Title ,`�w u.e.� , best �c Fidelity and Deposit Company of Maryland Name of Surety Authorized Agent Signature 777 S. Figueroa Street, Ste, 3900, Los Angeles, CA 90017 Address of Surety (213) 270-0600 Telephone William Syrkin, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 32 State of California County of Riverside 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/shelthey executed the same in his/h��ir authorized capacity(ies), and that by his/heNtheir signatures) on the instrument the person(s), or the entity upon behalf DONNA T14ORNE of which the person(s) acted, executed the instrument. Com aissiop 1802010 ;�� '%=ot�.ry Public - CalitorNa z I certify under PENALTY OF PERJURY under the laws of the State of Riverside County n California that the forgoing paragraph is true and correct. My Comm. Expires Jun 7, 2014 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 Performance Bond No. 7633881 Document Date 2/8/2013 Number of Pages: Two (2) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer(s) Signers Name: Mark Luer ❑ Individual X Corporate Officer—Title(s): President ❑ Partner — ❑Limited ❑General ❑ Attorney in Fact IMIM ❑ Trustee ❑ Other: Signer is Representing: Top of thumb here Signets Name: ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Partner— c Limited c General a Attorney in Fact ❑ Trustee wig Signer is Representing: Top of thumb here _' a.vi; .. it State of California County of Orange On 0210812013 before me, Nathan Robert Varnold, Notary Public ogre Nate insert Nems and rd* a kre Off ce personally appeared William Syrkin Nema(a{ of Slynee¢v) 19445,93 M' 8 i 4fl 15 Piece Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istere subscribed to the within instrument and acknowledged to me that h executed the same in hi authorized capacfty(iee), and that by hi&%e#ftk signature(o on the instrument the person(*, or the entity upon behalf of which the person(* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offigio seal. Signature �N«anr� -- OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment or this form to another document. Description of Attached Document Title or Type of Document: Performance Bond No. 7633881 Document Date: 02/0812018 Number of Pages: Two Signer(s) Other Than Named Above: All American Asphalt _ Capacity(les) Claimed by Signer(s) Signer's Name: William Syrkin ❑ Individual * Corporate Officer —Tide(s): . Partner— CI Limited D General Attorney in Fact Trustee TOP rn moR,a Here Guardian or Conservator Other: Signer Is Representing: Fidelity. and Deposit Comoanv of Maryland Signer's Name:,._, Individual n Corporate Officer—Tide(s): _ • Partner —❑ Limited 0 General t Attorney in Fact IM Trustee Guardian or Conservator Other: Signer is Representing: I &52UP7 Naianrl Notary Asmciafwn•83500e Soto Avt�..PO.aw 2402•(:hatswnrN,CA 9t3132A02•wwx.NaliorA2MWxuy.Ng ftem45M7 ReortlarCafl Tod-Free1b00W66&^:1 Premium is included in the performance band Executed in 2 Counterparts City of Newport Beach A « + Contract No. 4707 L -4110 -Eq. . :: 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 SANTA ANA HEIGHTS PAVEMENT RESTORATON, Contract No. 4707 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, 4707 and the terms thereof require the furnishing of a bond, providing that If Principal or any of Principal's subcontractors, shall fait 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 tabor 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 One Million, One Hundred Flftyy Six Thousand, One Hundred Fifty -Six and 001100 Dollars ($1,156,156.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, Our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION is SUCH, that If the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 35 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 8th day of February , 2013, All American Asphalt (Principal) Authorized Signature/Title MP.cK 4uertic-�ai��@ Fidelity and Deposit Company of Maryland Name of Surety 777 S. Figueroa Street, Ste. 3900, Los Angeles, CA 90017 Address of Surety (213)270-0600 Telephone uthorized Agent Signature William Syrkin, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR .AND SURETY MUST BE ATTACHED 0 Names) 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 his/herltheir authorized capacity(tes), and that by his/her##& signature(s) on the instrument the person(s), or the entity upon behalf DONNA THORNE of which the person(s) acted, executed the instrument. r �Gommsston # 1882090 t z I certify under PENALTY OF PERJURY under the laws of the State of .� y tctary Public Califz R - ornia iverside County b California that the forgoing paragraph is true and correct. My Comm. Expires Jun 7: 2(7i§ 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 Payment Bond No. 7633881 Document Date 2/8/2013 Number of Pages: Two (2) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer(s) Signer's Name: Mark Luer Signers Name: o Individual o Individual XCorporate Officer —Title(s): President ❑ Corporate Officer —Title(s): o Partner— o Limited o General o Partner— o Limited o General E) Attorney in Fact c Attorney in Fact o TrusteeTop of thumb here Top of thumb here c Trustee ❑ Other: o Other: Signer is Representing: Signer is Representing: •ACKNOWLEDGMENT .w w ,.CALIFORNIAq, State of California County of Orange On 02/08/2013 before me, Nathan Robert Varnold, Notary Public Date Here irWart Name am Tale of the Officer personally appeared William Syrkin Names) of Sigrrerta) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persons) whose nameW is/am subscribed to the within instrument and acknowledged to me that he executed the same in hisilhonkheir authorized capacity(ies), and that by hi 'bwAie`- signature(o on the instrument the personft or the entity upon behalf of which the person(* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature �11) 'A — Signabrte of Notary Pudic re1:31 rollyky Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Payment Bond No. 7633881 Document Date: 02/08/2013 Number of Pages: Two Signer(s) Other Than Named Above: Aii American Asphalt Capacity(les) Claimed by Signer(s) Signer's Name: William ❑ Individual d Corporate Officer—Title(s): _ Partner — ❑ Limited ❑ General 4 Attorney in Fact ❑ Trustee Guardian or Conservator Other: Signer Is Representing: Fidelity and Deoosit Company of Maryland RIGHTTHVMePRWT"I QF SIGNER Signer's Nat Individual ❑ Corporate Officer — Title(s): _ _-� Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: I ®2001 NatbnelNmary Aasodetbn•83500e 5oW Aw..PO.Box 2402•Chats+ofih,CA 9131&2402•wwxNstbnaMoteryor8 Iteme5W7 ReonierCetl TOLLFrea L3W Br8.6820 r a. 0 i 12 15 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persons) whose nameW is/am subscribed to the within instrument and acknowledged to me that he executed the same in hisilhonkheir authorized capacity(ies), and that by hi 'bwAie`- signature(o on the instrument the personft or the entity upon behalf of which the person(* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature �11) 'A — Signabrte of Notary Pudic re1:31 rollyky Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Payment Bond No. 7633881 Document Date: 02/08/2013 Number of Pages: Two Signer(s) Other Than Named Above: Aii American Asphalt Capacity(les) Claimed by Signer(s) Signer's Name: William ❑ Individual d Corporate Officer—Title(s): _ Partner — ❑ Limited ❑ General 4 Attorney in Fact ❑ Trustee Guardian or Conservator Other: Signer Is Representing: Fidelity and Deoosit Company of Maryland RIGHTTHVMePRWT"I QF SIGNER Signer's Nat Individual ❑ Corporate Officer — Title(s): _ _-� Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: I ®2001 NatbnelNmary Aasodetbn•83500e 5oW Aw..PO.Box 2402•Chats+ofih,CA 9131&2402•wwxNstbnaMoteryor8 Iteme5W7 ReonierCetl TOLLFrea L3W Br8.6820 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attcore ys-pj-.E act. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, reeognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time-" CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is stilt in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is stili in force. 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 ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "Chat the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereo€ bearing such f tesimile signature and seal shall be valid and binding on the Company: ` This Power of Attorney and Certificate may be signed by facsimile under and by authority of Ute following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and 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 16th 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 tire 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 ,is though manually affixed. INyTESTIM�WHEREOF,vehereunto subscribed my name and affixed the corporate seals of the said Companies, this day Fry o�y , � �yj �a6lib'w, tW11[rr fue is � zxj to ,t $EAL vv��j "/"a - Geoffrey Delisio, Vice President ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William SYRKIN, Rebecca HAAS -BATES, Sergio D. BECHARA and Richard ADAIR, all of Irvine, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of January, A.D. 2013. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND ��at+�Mrfy "Y.0 a[Ia3r� VNSUwp 4 ,,,,, 'rb i '°'u „ xat� ga.A taBev r�p3r Assistant Secretary Vice President Eric D. Barnes Thomas O. McClellan State of Maryland City of Baltimore On this 15th day of January, A.D. 2013, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by the duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instr unent by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 5 Constance A. Dunn, Notary Public My Commission Expires: July 14, 2015 POA -F 012-0033D ACKNOWLEDGMENT •wwwawmvwvawe wew• uwwww uw••veevwww••wwwww•evww•• a wwwwwvvwwwv a wvwvvwwav u u v� State of California County of S& On before me, Public, personally appeared proved to me on the basis of satisfactory evidence to be the perso subscribed to the within instrument and acknowledged to me that same in his/her/their authorized capacity(ies), and that by his/her instrument the person(s), or the entity upon behalf of which the per instrument. I certify under PENALTY OF PERJURY under the laws of the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Notary / who r4bise name(s) is/are (e/they executed the signatures(s) on the acted, executed the of California that the ®Y®Hwwww *saw .aw...O®wiiw.......Reww....... wwrww®awiww. wwwww aw...Y6mrowel wmswa(.. Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Paper Identification _ Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President I Vice -President I Other: Other Information: OPTIONAL INFORMATION I Treasurer 37 Thumbprint of Signer © Check here if no thumbprint or fingerprint is available. ...... Monona...... none" .......... am .... 0 ... on......... mamma ............. a ..... I State of California County of ss. On before me, Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose na#ie(s) is/are subscribed to the within instrument and acknowledged to me that he/shetthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatres(s) on the instrument the person(s), or the entity upon behalf of which the person(s) actgEl, executed the instrument. i 1 certify under PENALTY OF PERJURY under the laws of the State of,/California that the foregoing paragraph is true and correct. i WITNESS my hand and official seal. Signature ............ 0.0 .... "..*a...... some, as....... ata.,. OPTIONAL INFORMATION Date of Document Type or Title of Document I I Number of Pages in Document 1 Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification f Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFOICOO =President / Vice -President / Secretary / Treasurer Other: 7 Other Information: ' 5 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. Page: 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 SANTA ANA HEIGHTS PAVEMENT RESTORATION CONTRACT NO 470 DATE: BY: Public Works Director TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Proposal Documents — all other conditions shall remain the same. A.PROPOSAL 1. Substitute the following quantity and units (1,050 C.Y.) for the quantity and units shown (2,100 TONS) on bid item No. 10. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Please Print) `,'2-� i L1 � 1z Date orized Signature & Title f:\users\pbw\shared\contracts\fy 12-13\c-4707 - sah paving - mesa, cypress, orchard\addendum - no.1.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL SANTA ANA HEIGHTS PAVEMENT RESTORATION CONTRACT NO. 4707 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. 4707 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: The bid amount entered for the additive bid item is for the sole purpose of City information. The City may, during construction, elect to construct one, all or none of these additive bid items through Change Order(s). ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization and Demobilization @ a� lhouci Doiiarsu h f?d and Wo Cents Per Lump Sum 2. Lump Sum Traffic Controlhung Flti ter four @ -TheoUll Dollars and Cents Per Lump Sum $ i 4 PR2of9 ITEM QUANTITY ITEM! DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. !:l Lump Sum Survey Services @ T60 thft!6tDd)Dollars and 7-1 ro Cents $ 16,006— Per Lump Sum 2,100 L.F. Remove and Construct P.C.C. Type A Curb and Gutter @Rriv__Dollars and or Cents $ 40,00 $ Per Linear Foot 5. 200 L.F. Remove and Construct A.C. Type E Curb and Gutter @ TWOV -- h( Dollars and ze to Cents $a $ Per Linear Foot 6. 75 L.F. Remove and Construct P.C.C. Rolled Curb and Gutter @Faitha AM _Dollars and $ TOM Centsq3.00$ p� Per Linear Foot 7. 1,200 S.F. Remove and Construct 8 -Inch P.C.0 Thick Cross Gutter 91 @. n Dollars and rQ Cents $ H-0 $ 13,200— Per ,Per Square Foot 6,700 S.F. Remove and Construct 4 -Inch Thick P.C.C. Sidewalk @w_ Flo Dollars and Fl, FfV Cents $ $ &W50_ Per Squa& Foot PR3of9 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 120,500 S.F. Cold Mill Asphalt Pavement (Variable depth .17' to .25') @ Zero Dollars �id and Cents $ $ I !t Per Square Foot 10. 2,100 TN Roadway Excavation/Unclassified Excavation @ Dollars and zero Cents $ 35, go$ _3 Per Ton 11. 1,200 TN Construct 6 -Inch Thick CMB Subgrade 12 @ Dollars ZrQ and Cents $ U. $ Per Ton 3,150 TN 2 -Inch Thick Asphalt Pavement Overlay Course GIJP'h @ ' Dollars and cQ� zero Cents $ t&. Per Ton 13. 800 TN 4 -Inch Thick Asphalt Pavement Base Course @ 51 1 Xiv Dollars and ZOO Cents $ $ Per Ton 34 EA Remove and Replace; Water Valve Cover to Grade @ Two hundred ti Dollars and Vo Cents $ IWO, Gg$ boo Per Each ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 15. 25 EA Adjust CSD Sewer Manhole Frame and Cover to Grade @ Four hijAdWiliI Dollars and gg�� r�11 zero Cents $ 7 $ AU -0-0– Per Each 16, 5 EA Adjust Storm Drain Manhole Frame and Cover to Grade @ Ur 1 Dollarsand U� Cents gg p $ 960, 00 $ o- Per Each 17. 65 L.F. 24 -Inch RCP Storm Drain wohundr d03h @ Dollars and zuro Cents $ $ � f Per Linear Foot 18. 2 EA Remove Existing Structure and Construct P.C.C. Catch Basin @ f OU Dollars and p� zuro Cents $ ,_ U o $ Per Each 19. 1 EA Remove Existing Structure and Construct P.C.C. Junction Structure 20. @-N-fm Jhda4 Dollars and 76 fo Cents Per Each 1 EA Remove land Construct P.C.C. Headwall @ G{ t f Wd/ Dollars If and -Mo _Cents $ O $ Fi UOO Per Each ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 21. LS Remove Interfering Portions of Storm Drain and Abandon in Place and VKhOndred @ 1(Off i�ll004 Dollars and �g zo ro Cents $ it Per Lamp Sura 22. 25 EA Replace Sewer Main Cleanout and Adjust to Grade @ fivo bur r' Dollarsand t Zara Cents $ . g $ � r 0 Per Each 23. 5 EA Remove and Replace Electrical Pull Box @ Fiva hynd( � Dollars and Zf ro Cents $500,00 $ 560_ Per Each 24, 19 EA Remove and Replace With New Water Meter Box and Cover @ Iwo and Dollars and rQ Cents $ Naito $ MOO— Per Each 25. 5 EA Relocate Existing AT&T Handhole Box and Adjust to Grade @ ""liars # { 26rO and ts $ 9(50 $ Per Each 26. 9 EA Relocate Existing CATV Handhole Box and Adjust to Grade -r @ Iwohund qP10 flftllars Z and $ 160.00 $ Per Each PR6of9 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 27. 38 EA Adjust Survey Monument Frame and Cover to Grade @ No buhhlb Dollars and ro Cents $ 50,00 $ Per Each 28. 7 EA Remove and Construct P.C.C. Access Ramp �VChuf)&d) @ Dollars and Z0 ro Cents $ 0 $ 10i Per Each 29. 19 EA Remove and Construct P.C.C. Driveway Approach @ TWO MoftStiA W 'Do4ars 'Zorn and $ 11yo. Oce $ Per Each 30. 15 EA Remove and Reinstall Curb Drain @Ctfo C?r� qollars and zona Cents $ . $ = Per Each 31. 10 L.F. Root Prune and Install Root Barrier @ TWOV-fivo Dollars -zero and $ a $ Per Linear Foot 32. 400 S.F. Remove Stamped Concrete @ TWO Dollars p� �y ,zero and C�ts $ t1 $ QLD Per Square Foot PR7of9 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 33. Lump Sum Landscape Cypress Street End @ I Dollars �r�r and 2r Cents $ 30,610, BCU Per Lump Sum 34. 4,450 L.F. Remove and Replace 5 -ft High Horse Railing @ Thi -Whf Dollars and t� yy ® ro Cents $ 4 Per Linear Foot 35. 12,000 S.F. Construct Horse Trail @ Dollars and _5 I Cents $ $ 1200 - Per Squa e Foot 36. 22 E.A. Construct Horse Trail Decorah a Pilasters Orel @Twothawnc , D F1' D llarrs and zero Cents $ a, Fog, $ 55,090 - Per Each 37. Lump Sum Traffic Striping �, @ a�'$ O D tars and zq ro Cents $ a Per Lump Sum 38. 18 EA Remove and Replace Traffic Signal Detector Loop @ 7W 0hUnd(A W '0j"'YYllars(3 zoro Ce is $ 1154 G $ WO Per Each ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 39. 3 EA Relocate/Reset Street Signs @� Dollars and Q Cents Per Each 40. 14 EA Relocate/Reset Mailboxes @ a UrG Dollars zero and Cents Per Each 41. Lump Sum Provide As-Buiits @OA6 Dollars and zo EQ Cents Per Lump Sum and M0 Cents $ BASE ADDITIVE BID ITEMS: 1. Lump Sum Location: 2141 Mesa Drive M -TOTAL Remove Existing Improvements & Construct New Im rnve ents Per Pl% drA m - four t�U ollars and ZU0 Cents Per Lump Sum $ j. (Figures) ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 2. Lump Sum Location: 2221 Mesa Drive Remove Existing Improvements & Construct New Improv Tents Per Pla oen bundred A ly @ d OW Dollars 7r an e, nts Per Lump Sum 3. Lump Sum Location: 2251 Mesa Drive Remove Existing Improvements & Construct New Improvements Per Plan.x-� 6ndred @ (LIC (OJ9t�a �lDollars Zero Ce is $ Per Lump Sum 2Date\A n vi— Date Bidder's Telephone and Fax Numbers Bidder's License No(s). and Classification(s) Additive Bid Items Total Price (Figures) Aft J wv �k Bidder Bidder's Authorized 5' nature and Title k\ LVINITA, Bidder's Address Bidder's email address: \ \ems\FCa e Amnerrl cu eLa \ � rv, 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 4 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS SANTA ANA HEIGHTS PAVEMENT RESTORATION CONTRACT NO. 4707 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 6-7 TIME OF COMPLETION 6-7.1 General 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 4 4 4 4 6-7.2 Working Days 5 6-7.4 Working Hours 5 6-9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 6 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 6 7-1.2 Temporary Utility Service 6 7-7 COOPERATION AND COLLATERAL WORK 6 7-8 WORK SITE MAINTENANCE 6 7-8.4.3 Storage of Equipment and Materials in Street 6 7-8.6 Water Pollution Control 7 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 Public 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 11 9-3.2 Partial and Final Payment 17 PART 2 ---CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 17 201-1 PORTLAND CEMENT CONCRETE 17 201-1.1.2 Concrete Specified by Class 17 201-2 REINFORCEMENT FOR CONCRETE 17 201-2.2.1 Reinforcing Steel 17 201-7 NON -MASONRY GROUT 17 201-7.2 Quick Setting Grout 17 SECTION 203 BITUMINOUS MATERALS 18 203-6 ASPHALT CONCRETE 18 203-6.4 Asphalt Concrete Mixtures 18 203-6.4.3 Composition of Grading 18 SECTION 207 PIPE 18 207-2 REINFORCED CONCRETE PIPE (RCP) 18 207-2.1 General 18 207-2.5 Joints 18 SECTIONS 214 PAVEMENT MARKERS 18 214-4 NONREFLECTIVE PAVEMENT MARKERS 18 214-5 REFLECTIVE PAVEMENT MARKERS 18 PART 3 ---CONSTRUCTION METHODS SECTION 300 EARTHWORK 18 300-1 CLEARING AND GRUBBING 18 300-1.3 Removal and Disposal of Materials 18 300-1.3.1 General 19 300-1.3.2 Requirements 19 300-1.5 Solid Waste Diversion 19 SECTION 302 ROADWAY SURFACING 19 302-5 ASPHALT CONCRETE PAVEMENT 19 302-5.1 General 20 302-5.4 Tack Coat 20 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 20 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 20 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 20 303-5.1.1 General 20 303-5.5 Finishing 20 303-5.5.1 General 20 303-5.5.2 Curb 20 303-5.5.4 Gutter 20 SECTION 307 STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS 21 307-17 TRAFFIC SIGNAL CONSTRUCTION 21 307-17.3 Pull Boxes 21 307-17.7.3 Inductive Loop Detectors 212 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 22 308-1 General 22 SECTION 310 PAINTING 23 310-5 PAINTING VARIOUS SURFACES 23 310-5.6.6 Preparation of Existing Surfaces 23 310-5.6.7 Layout, Alignment and Spotting 23 310-5.6.8 Application of Paint 23 310-5.6.11 Pavement Markers 24 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 24 312-1 PLACEMENT 24 W SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 25 400-2 Untreated Base Materials 25 400-2.1 General 25 IRWD STANDARD DRAWINGS {W-1, W-2, AND W-22} PRIVATE PROPERTY IMPROVEMENT EXHIBITS SPECIAL PROVISIONS SANTA ANA HEIGHTS PAVEMENT RESTORATH SP 1 OF 26 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 -6014-S); (3) the City's (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 SEVERAL 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 traffic striping; (4) removing existing pavement, curb and gutter; (5) grinding (cold mill), clearing existing pavement surfaces of debris, soils, and other loose materials, reconstructing and overlaying roadway; (6) constructing curb and gutter; (7) adjusting utility and survey facilities; (8) installing ADA ramps, truncated domes, traffic striping, pavement markings, and raised pavement markers; (9) coordinating with SCE & SCG to have facilities raised to grade; (10) relocating and reconstructing catch basins; (11) removing and replacing storm drain line; (12) removing and replacing horse trail fencing and reconstructing horse trail; and (13) reconstructing adjoining improvements at 8 properties along Mesa Drive and (14) other incidental items to be completed in work place required by the Plans and Specifications." ae N&�JiV/�'1Ii!K 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 andfor 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 Coast Surveying, Inc. and can be contacted at (714) 916-6266. At a minimum, two (2) sets of cut -sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48 - hours in advance of any work. In addition, the filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. 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. (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. 4-1.3 Inspection Requirements Add Section 4-1.3.4 Inspection and Testing "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 3rd paragraph: "Within seven (i) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting 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." ' N s 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. 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: The Contractor shall honor his award for this project a minimum of 90 days after bid opening to allow the City of Newport Beach to secure funding. Contractor shall plan for construction to commence no earlier than February 2013. 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." 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 60 consecutive working days after the date on the Notice to Proceed. 6 • i 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 1St (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4t11 , the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24tH (Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). if 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 7:00 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 $500.00. 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." SP6OF26 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." 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 10:04 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." FE3LrLi77:(+11111:4Tif\I11id=1kq/_121161 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. SP7OF26 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 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 Manua/ which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachea.gov/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. K 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 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: 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. Contractor shall maintain one lane of travel controlled by flag persons as a minimum at all times. 4. All advanced warning sign installations shall be refiectorized and/or lighted. 5. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. 6. Sidewalk closures shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. SP 9 OF 26 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 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 SP 10 OF 26 alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. Forty-eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or alley, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. In addition to the forty-eight hour notice, the Contractor shall hand out two Temporary Parking Permits to each residence adjacent to the alley construction. The Temporary Parking Permits shall be filled out and signed by the Engineer and valid during the period of construction of the adjacent alley only. 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 a "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 RECORDSIAS 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 SP 11 OF 26 9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the 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 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. 3 Survey Services: Work under this item shall include surveying including restoring all survey monuments and centerline ties disturbed, construction staking, and all other items as required to complete the work in place. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Item No. 4 Remove and Construct P.C.C. Type A Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter, re -chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Gutter width shall be 18 inches. Item No. 5 Remove and Construct A.C. Type E Curb and Gutter: Work under this item shall include removing and disposing of the existing curb, constructing AC curb, tacking road surface, restoring all existing improvements damaged by the SP 12 OF 26 work, and all other work items as required for performing the work complete and in place. Item No. 6 Remove and Construct P.C.C. Rolled Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, subgrade compaction, reconstructing curb openings of existing curb drains, constructing P.C.C. rolled curb and gutter, re -chiseling the curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 7 Remove and Construct 8 -Inch Thick P.G.C. Cross Gutter: 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. 8 Remove and Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk, subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk, and all other work items as required to complete the work in place. Item No. 9 Cold Mill Asphalt Pavement (Variable Depth .17' to .25'): Work under this item shall include cold milling the asphalt roadway to a depth below existing finished grade as shown on the drawings 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. 10 Roadway Excavation/Unclassified Excavation: Work under this item shall include sawcutting, removing and disposing of the existing asphalt pavement and or curb and gutter section as well as underlying subgrade as required per plans and all other work items as required to complete the work in place. Item No. 11 Construct Crushed Miscellaneous Base Subgrade: Work under this item shall include grading and constructing 6 -inch thick crushed miscellaneous subgrade for roadway reconstruct and various areas of backfill and all other work items as required to complete the work in place. Item No. 12 2 -Inch Thick Asphalt Pavement Overlay Course: Work under this item shall include constructing 2 -inch thick asphalt pavement overlay and all other work items as required to complete the work in place. Item No. 13 4 -Inch Thick Asphalt Pavement Base Course: Work under this item shall include constructing 4 -inch thick asphalt pavement base course and all other work items as required to complete the work in place, including an application of an approved weed kill herbicide. SP 13 OF 26 Item No. 14 Remove and Replace Water Valve Cover to Grade: Work under this item shall include adjusting, lower and raising during paving operation, of all water valve frames and covers to grade and all other work items as required to complete the work in place per IRWD Standard W-22. 4 -week Lead time required for this item. IRWD to provide water valve covers. Item No. 15 Adjust Sewer Manhole Frame and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operation, of all manhole frame and cover to grade and all other work items as required to complete the work in place. Item No. 16 Adjust Storm Drain Manhole Frame and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operation, of all manhole frame and cover to grade and all other work items as required to complete the work in place. Item No. 17 24 -Inch RCP Storm Drain (2000-D): Work under this item shall include installing all pipe material including, but not limited to, potholing of all existing facilities, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, controlling ground and surface water, installing pipe, installing external joint sealer, placing bedding and crushed miscellaneous base, compaction, fittings, connecting to existing facilities, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other work items as required to complete the work in place. Item No. 18 Remove Existing Structure and Construct P.C.C. Catch Basin: Work under this item shall include constructing P.G.C. Catch Basins per CNB Std-300-1- including, td-300-Lincluding, but not limited to, removing pavement, exposing utilities in advance of work, excavation, temporary patching or plating, controlling ground and surface water, backfill, compaction, disposing of excess excavated materials, installing base, shaft, steps, grade rings, manhole frames and covers, potholing all existing utilities, connections to existing facilities, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work items as required to complete the work in place. Item No. 19 Remove Existing Structure and Construct P.C.C. Junction Structure: Work under this item shall include constructing P.G.G. junction structures per GNB Std -310-1- including but not limited to, pavement removal, exposing utilities in advance of work, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, installation of base, shaft, grade rings, manhole frames and covers, potholing of all existing utilities, connections to existing facilities, removal, abandonment or protection of interfering SP 14 OF 26 portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work items as required to complete the work in place. Item No. 20 Remove and Construct P.C.C. Headwall: Work under this item shall include constructing P.C.C. headwall structure per CalTrans Standard D86B including but not limited to, exposing utilities in advance of work, excavation, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, installation of forms for headwall, potholing of all existing utilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work items as required to complete the work in place. Item No. 21 Remove Interfering Portions of Storm Drain and Abandon In Place: Work under this item shall include removing interfering portions of the existing storm drain that interfere with the location of proposed facilities. All storm drain facilities not interfering with the proposed facilities shall be abandoned in place. Item No. 22 Replace Existing Sewer Main Cleanout Frame and Cover to Grade: Work under this item shall include furnishing all labor, tools, equipment, and materials necessary for adjusting, lower and raising during paving operation, of all sewer main cleanouts to grade and all other work items as required to complete the work in place. Item No. 23 Remove and Replace Electrical Pull Box: Work under this item shall include removing existing electrical boxes, furnishing and installing electrical pullboxes, per City of Newport Beach standards and all other work items as required to complete the work in place. Item No. 24 Remove and Replace New Water Meter Box and Cover: Work under this item shall include replacing the box and frame and cover and adjusting as necessary during paving operations. Water meter box frame and cover shall be per IRWD Standard W-1 and all other work items as required to complete the work in place. 4 -week Lead time required for this item. IRWD to provide water valve covers. Item No. 26 Relocate and Replace AT&T HandHole Pull Box & Cover to Grade: Work under this item shall include removing existing AT&T boxes, furnishing and installing AT&T pullboxes, per AT&T standards and all other work items as required to complete the work in place. Item No. 26 Relocate and Replace CATV HandHole Pull Box & Cover to Grade: Work under this item shall include removing existing CATV boxes, furnishing and installing CATV pullboxes, per AT&T standards and all other work items as required to complete the work in place. Item No. 27 Adjust Survey Monument Frame and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operations, SP 15 OF 26 survey monument frames and covers to grade and all other work items as required to complete the work in place. Item No. 28 Remove and Construct P.C.C. Access Ramp: Work under this item shall include removing existing improvements and constructing P.C.C. access ramps and all other work items as required to complete the work in place. Item No. 29 Remove and Construct P.C.C. Driveway Approach: Work under this item shall include removing existing improvements and constructing P.C.C. driveway approach and all other work items as required to complete the work in place. Item No. 30 Remove and Reinstall Curb Drain: Work under this item shall include removing and reinstalling existing curb drains and all other work items as required to complete the work in place. Item No. 31 Root Prune and Install Root Barrier: Work under this item shall include root pruning and disposal, providing and installation of root barriers per Section 348-1, removal and disposal of excess soil and restoring subgradelstreet section to preexisting grade and all other work items as required to complete work in place. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 32 Remove Stamped Concrete: Work under this item shall include removing and disposing of the existing stamped concrete, grading the subgrade to a uniform surface and all other work items as required to complete the work in place. Item No. 33 Landscape Cypress Street End: Work under this item shall include removing and disposing of the existing improvements, modifying existing facilities, and construction of landscape improvements per landscape plans including planting, irrigation, soil preparation, maintenance of plants and all other work items as required to complete the work in place. Item No. 34 Remove and Replace 5' High Horse Railing: Work under this item shall include installation of precast concrete horse railing by Artesan Precast, Inc. or approved equal, per plan and all other work items as required to complete the work in place. Wherever horse rail is replaced contractor shall remove top 2" of decomposed granite (DG) and replace with new DG and compact with roller. Item No. 35 Construct Horse Trail: Work under this item shall include construction of decomposed granite (DG) horse trail per plan including subgrade compaction and all other work items as required to complete the work in place. Item No. 36 Horse Trail Decorative Pilasters: Work under this item shall include construction of decorative pilasters for horse trail per plan and all other work items as required to complete the work in place. SP 16 OF 26 Item No. 37 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. 38 Remove and Replace Traffic Signal Detector Loop: Work under this item shall include all labor, tools, equipment, and material costs to remove and replace traffic signal detector loops (lead loops shall be per City of Los Angeles STD S- 70.1 D and presence loops shall be Type E per Caltrans STD PLANS ES -5A and ES - 513), make electrical connections and wirings to existing pull boxes, test and calibrate the new signal loop detectors and all other work items as required to complete the work in place. Item No. 39 Relocate/Reset Street Signs: Work under this item shall include replacing street signs that are affected by roadwork, and all other work items as required to complete the work in place. Item No. 40 Relocate/Reset Mailboxes: Work under this item shall include replacing mailboxes that are affected by roadwork, and all other work items as required to complete the work in place. Item No. 41 Provide As -Built Plans (and DBE Certification if applicable). Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $5,000.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as - build drawings. The above payment items shall be used as the sole basis for measurement of work completed in accordance with the Plans and these Special Provisions. The following additive bid items may be added to the contract after award of the base contract. Contractor will be notified prior to start of work on Mesa Drive. No increase to these additive bid items will be allowed. Payment for some or all of these additive bid items may come directly from the property owner. Additive Bid Item No. 1 2141 Mesa Drive: Work under this item shall include removing existing improvements, modifying existing facilities, and construction of improvements in accordance with the plans and all other work items as required to complete the work in place. Contractor shall arrange a pre -construction meeting with the City and property owner prior to starting work on private property. Work shall also include coordinating with the owner and coordinating the work with the adjacent street improvements. SP17OF26 Additive Bid Item No. 2 2221 Mesa Drive: Work under this item shall include removing existing improvements, modifying existing facilities, and construction of improvements in accordance with the plans and all other work items as required to complete the work in place. Contractor shall arrange a pre -construction meeting with the City and property owner prior to starting work on private property. Work shall also include coordinating with the owner and coordinating the work with the adjacent street improvements. Additive Bid Item No. 3 2231 Mesa Drive: Work under this item shall include removing existing improvements, modifying existing facilities, and construction of improvements in accordance with the plans and all other work items as required to complete the work in place. Contractor shall arrange a pre -construction meeting with the City and property owner prior to starting work on private property. Work shall also include coordinating with the owner and coordinating the work with the adjacent street improvements. 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." PART 2 CONSTRUCTION MATERIALS SECTION 201 --- CONCRETE MORTAR AND RELATED MATERIALS f+ziy6irZ�7iiwslt'IZ+3��rit���7i7i£�7»i 201-1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560-C-3250." 201-2.2.1 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." i► MU091r4l1 SECTION 203 --- BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE 203-6.4 Asphalt Concrete Mixtures. 203-6-4.3 Composition of Grading: Add this section: "Asphalt Concrete for the finish course shall be C2 64-10 and B 64-10 for the base course. SECTION 207 ---PIPE 207-2.1 General. These specifications apply to reinforced concrete pipe intended to be used for the construction of storm drains, sewers, and related structures. 207-2.5 Joints. Add to this section: "All storm drain joints shall be sealed with an external joint sealer for pre -cast concrete. The joint sealer shall consist of a reinforced collar composed of rubberized mastic formulated to bond into the pores of the concrete. The joint sealer shall also have embedded steel straps. The Contractor shall use Mar Mac "Mac Wrap" or approved equal. Mar Mac Manufacturing Company may be contacted at (800) 845-6962." SECTION 214 --- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non -reflective pavement markers types A and AY shall be ceramic." 214-5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass -covered reflective faces or be 3M Series 290." SECTION 300 ---EARTHWORK 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: * ! t http:l/newportbeachca.gov/index.aspx?page=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-'% 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." SECTION 302 ---ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT SP 20 OF 26 302-5.1 General. Add to this section: "All cracks '/4 -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1% 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. The pavement shall then be cleaned with a power broom." 302-5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C,C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303-5.5 Finishing 303-5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private properly 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." SP 21 OF 26 SECTION 307 --- STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS 307-17 TRAFFIC SIGNAL CONSTRUCTION 307-17.3 Pull Boxes. Amend this Section to include:"Pull boxes shall conform to the provisions in the latest version of the Caltrans Standard Specifications and Standard Plan ES -8 and these Special Provisions for TRAFFIC pull boxes. All new TRAFFIC pull boxes shall be pull box number 6 (PB#6), or pull box number 6 with extension (PB#6E), as noted on the Plans. PB#6 shall have nominal dimensions of 36 inch L x 24 inch W x 12 inch D, as stated in these Special Provisions and per the Plans. PB#6E shall have nominal dimensions of 36 inch L x 24 inch W x 24 inch D, as stated in these Special Provisions and per the Plans. The cover marking for each pull box containing fiber optic cable shall read "TRAFFIC SIGNAL" on one line and "FIBER OPTIC" on second line. The cover marking for each pull box not containing fiber optic cable shall only read "TRAFFIC SIGNAL" on one line. Pull boxes shall be provided with locking mechanisms as specified in the Caltrans Standard Plans. All splice boxes shall have vertical proof -load strength of 25,000 lbs. This load shall be placed anywhere on the box and cover for a period of one minute without causing any cracks or permanent deformations. Where pull boxes are installed in sidewalk, sidewalk shall be removed and replaced from score line to score line as directed by Engineer. Pull boxes and covers in the sidewalk or behind the curb shall be per below, Christy °Fibedite" models, or Engineer approved equivalent, unless otherwise noted on the Plans. Size #5 Box #5 Lid #6 Box #6 Lid #6E Extension Splice Box & Lid Approved Models Christy N30 Electrical Box Christy FL30D Christy N36 Electrical Box Christy FL36D Christy B36X12 Armorcast A600197APCX12 307-17.7.3 Inductive Loop Detectors. Amend this Section to include: "The number of sensor units and lead-in cables required to achieve the specified detection shall be installed. SP 22 OF 26 Lead loops shall be per City of Los Angeles Standard Plan S -70.1 1D (Exhibit A), and placed immediately behind the limit line/crosswalk. Remaining presence loops shall be Type E, spaced 10 feet apart and installed per Caltrans Standard Plans ES -5A and ES - 5B. Loop wire shall be Type 2. Loop detector lead-in cable (DLC) shall be Type B. Loop sealant shall be Hot -Melt Rubberized Asphalt Sealant. All installed loop detectors, including advance detectors, shall be completely functional to the satisfaction of the Engineer within five (5) consecutive working days of AC pavement final course placement." 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 be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr, John Conway at (949) 644-3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. If required, the submittal shall adhere to the following guidelines 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. SP 23 OF 26 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. 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. SP 24 OF 26 Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days, The thermoplastic shall be applied at 0.25 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." f 11 1 1 �. i111,1P ji 11. 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." PART 4 SP 25 OF 26 SECTION 400 ---ALTERNATE ROCK PRODUCTS ASPHALT CONCRETE PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400-2.1 General Requirements. Add to this section; 'The Contractor shall use crushed miscellaneous base as the base materials." (Wml I W=2 & W=22) NOTES: 7. 1a 1 z 5 �r PIPE TO BE LEVEL FROM THE MAIN 1 r OR LANDSCAPE CUSTOMER SERVICE VALVE AND INSULATING FLANGE IS REQUIRED ON CUSTOMER SIDE OF METER. METER AND CUSTOMER SERVICE VALVE ARE TO BE PURCHASED FROM THE DISTRICT. 1. SERVICE CONNECTION SHALL NOT BE MADE WITHIN 18" OF VALVE, COUPLING, JOINT OR FITTING. 2. INSTALL CORPORATION STOP WITH KEY SIDEWAYS IN OPEN POSITION. 3. SET TOP OF METER BOX FLUSH WITH SIDEWALK OR CURB AS SHOWN. 4. THE WATER SERVICE SHALL EXTEND PERPENDICULAR TO THE CENTERLINE OF THE STREET FROM THE WATER MAIN TO THE METER STOP. 5. METER BOX SHALL BE SET BEHIND SIDEWALK WHERE SIDEWALK IS ADJACENT TO CURB, OR IN PARKWAY BETWEEN CURB AND SIDEWALK. 6, ANODE LEAD WIRE SHALL BE CLAMPED TO COPPER TUBING. CLAMP SHALL BE DIRECT BURIAL TYPE OF RED BRASS WITH BRASS SCREWS AND SHALL BE TESTED PER IRWD STD. SPEC. SECTION 16640-6, (SEE TABLE FOR ZINC ANODE SIZES HEREON). LOCATE LATERAL WITH 2" HIGH "W" FOR POTABLE WATER OR "RW" FOR RECLAIME WATER ON FACE OF CURB WHERE THE LATERAL CROSSES UNDER THE CURB. U', WHEEL GRINDER, 1/4" DEEP GROOVE. ZINC ANODE SIZES FOR 1 -INCH COPPER SERVICES COPPER ZINC ANODE ZINC ANODE PIPE LENGTH SIZE WEIGHT (FEET) (INCHES) (LBS) 0 to 45 1.4x1.4x30 15 45 to 90 2.Ox2.Ox30 30 I ITEM MATERIALS C1 — 1" SERVICE SADDLE PER IRWD STD. DWG. W-3. @—I'* BRONZE BALL CORPORATION STOP PER IRWD STD. DWG. W-3, Q— 1" X 3/4" BRONZE ANGLE METER STOP W/LOCKING WING AND F.I.P.T. INLET CONNECTION. O1" BRONZE CUSTOMER SERVICE VALVE METER NUT X F.I.P.T. WITH INSULATING FLANGE. a— 1" COPPER SERVICE PIPE TYPE "K" SOFT. METER BOX W/READING LID. COMPOSITE POLYMER CONCRETE BOXES AND LIDS PER IRWD STD. SPEC. 03462. -- 6" THICK BASE 0r 3/4" CRUSHED ROCK. aWIRE CLAMP (SEE NOTE 6), ANODE LEAD WIRE; LEAVE 12" OF COILED WIRE IN METER BOX. 10 ZINC ANODE (FOR SIZE OF ANODE SEE TABLE HEREON) AND LEAD WIRE. ANODE TO BE PLACED VERTICALLY OR HORIZONTALLY AT A MINIMUM SEPARATION OF 24 INCHES FROM THE COPPER SERVICE. t7 — WARNING TAPE PER IRWD STD, SPEC. SECTION 15151. to WROT COPPER ADAPTER, SWEAT X M.LP.T. CURB AND GUTTER 5 PIPE TO BE LEVEL FROM THE MAIN ALTERNATE NOTES: w 9" SIDEWALK OR LANDSCAPE CUSTOMER SERVICE VALVE AND INSULATING FLANGE IS REQUIRED ON CUSTOMER SIDE OF METER. METER AND CUSTOMER SERVICE VALVE ARE TO BE PURCHASED FROM THE DISTRICT. 1. SERVICE CONNECTION SHALL NOT BE MADE WITHIN 18" OF VALVE, COUPLING, JOINT OR FITTING. 2. INSTALL CORPORATION STOP WITH KEY SIDEWAYS IN OPEN POSITION. 3. SET TOP OF METER BOX FLUSH WITH SIDEWALK OR CURB AS SHOWN. 4. THE WATER SERVICE SHALL EXTEND PERPENDICULAR TO THE CENTERLINE OF THE STREET FROM THE WATER MAIN TO THE METER STOP. 5. METER BOX SHALL BE SET BEHIND SIDEWALK WHERE SIDEWALK IS ADJACENT TO CURB, OR IN PARKWAY BETWEEN CURB AND SIDEWALK. 6. ANODE LEAD WIRE SHALL BE CLAMPED TO COPPER TUBING. CLAMP SHALL BE DIRECT BURIAL TYPE OF RED BRASS WITH BRASS SCREWS AND SHALL BE TESTED PER IRWD STD. SPEC. SECTION 16640-6, (SEE TABLE FOR ZINC ANODE SIZES HEREON). LOCATE LATERAL WITH 2" HIGH "W" FOR POTABLE WATER OR "RW" FOR RECLAIME WATER ON FACE OF CURB WHERE THE LATERAL CROSSES UNDER THE CURB, U', WHEEL GRINDER, 1/4" DEEP GROOVE, ZINC ANODE SIZES FOR 2 -INCH COPPER SERVICES COPPER ZINC ANODE ZINC ANODE PIPE LENGTH SIZE WEIGHT (FEET) (INCHES) (LBS) 0 to 22 1.40.430 15 22 to 45 2.Ox2.Ox30 30 45 to 70 2.Ox2.Ox48 40 70 to 90 2.Ox2.Ox60 60 ITEM MATERIALS O2O 2" SERVICE SADDLE PER IRWD STD. DWG. W-3. 2" BRONZE BALL CORPORATION STOP PER IRWD STD. DWC. W-3, 2" X 3/4" BRONZE ANGLE METER STOP W/LOCKING WING AND F.I.P.T. INLET CONNECTION. O2" BRONZE CUSTOMER SERVICE VALVE METER NUT X F.I.P.T. WITH INSULATING FLANGE. — 2" COPPER SERVICE PIPE TYPE "K" SOFT (COILED COPPER FOR 2" NOT ALLOWED) METER BOX W/READING LID. COMPOSITE POLYMER CONCRETE BOXES AND LIDS PER IRWD STD. SPEC. 03462. Q— 6" THICK BASE OF 3/4" CRUSHED ROCK. OWIRE CLAMP (SEE NOTE 6). �— ANODE LEAD WIRE; LEAVE 12" OF COILED WIRE IN METER BOX. iQ --- ZINC ANODE (FOR SIZE OF ANODE SEE TABLE HEREON) AND LEAD WIRE, ANODE TO BE PLACED VERTICALLY OR HORIZONTALLY AT A MINIMUM SEPARATION OF 24 INCHES FROM THE COPPER SERVICE. 71 — 2" WROT COPPER 90' BEND, SWEAT x SWEAT. 12 WARNING TAPE PER IRWD STD. SPEC. SECTION 15151. 73 — WROT COPPER ADAPTER, SWEAT X F.I.P.T. PAVED CONDITION ma 1 R IN [r1 CONDITION R , // HWATE SHED GROUND SURFACE RAVED CONDITION) ITEM MATERIALS 11 (D— CLASS "B" CONCRETE COLLAR. VALVE BOX AND FRAME PER IRWD STD. SPEC. SECTION 03462, ONE-PIECE 8' (SDR 35) P,V.C. PIPE. aWATER MAIN. 5 - VALVE. O VALVE COVER TO BE IRON WITH LETTERS "IRWD" CAST THEREON. FOR DOMESTIC WATER LINES ADD "WATER" OR FOR RECLAIMED WATERLINES ADD "RW". �7 -- VALVE ANCHOR BLOCK PER IRWD STD. DWG. W-16. VALVE STEM EXTENSION PER IRWD STD, DWG. W-23. SEE NOTE 1. VALVE COVER PER DETAIL HEREON. USE 6" LONG -SKIRTED CAST IRON LID FOR ROUND BOXES. 1. PROVIDE VALVE STEM EXTENSION IF DEPTH TO VALVE NUT EXCEEDS 60". SEE IRWD STD. DWG. W-23. 2. IN NEW TRACT DEVELOPMENTS EXTEND VALVE RISER 24" ABOVE GROUND SURFACE FOR INTERIM CONDITIONS. 3. SET TRIANGULAR COVERS SUCH THAT APEX OR TRIANGLE POINT ALONG AXIS OF PIPE, AWAY FROM NEAREST FITTING. 4. SEE SPECIFICATIONS FOR VALVE LID COVER. 55 SO I W 55 30 FG 50_41 TW 5 4 3 �1�TREE 21 41 1ATCH-61ST. ` TREE (50.41 FG) -' STA. 6+35 381T 1 \( 55 40 FS) 3 ]TREE SIA. 5+53 341T 7 _ O �\ c - I 5.1_ UO- 1 A 53.31 TW 5350 TW ROW f B 5 , 4 3 55 30 F.>� 49.40FS I X ,x(49.08 E R ll/(50.66 FG) 51.52 FG) 55.12 FS ` ------- 48,1011 __F=S V 6 pA' 54.64 FS 48.60 TC 8 f--- 2% 55.04 --FS-/ 52.40 TO -___------ -- PN 51.90 FL -- - CD 51.132 TC EXIST. APP ROHC 5+50 [JAM.Al17iNkylo m = L5u__ _u -i c CAT`' LJ �� STA. 5+8 26'LT ]_� (_8- J 20_(APPROA)� 70— -- Z:QY G — — --- PALM TREE W _—__--_--`---— STA. 5+97 201T W B CONSTRUCTION NOTES (THIS PLAN ONLY) 10 6" CURB PER STREET PLANS O2 CONSTRUCT AC DP.I`.'E1VAY 3" OVER NAVVE CONSTRUCT BLOCK WALL PER KEYSTONE LEGACY STONE, OR EQUIVALENT t,:1ANUFACTURERS SPECIFICATIONS. O PRUNE TREE ROOTS AS REQUIRED �5 INSTALL WROUGHT IRON FENCING 5' HIGH L1::X (MATCH EXISTING). O INSTALL CLASS 'A' TOP SOIL AS REQUIRED MODIFY IRRIGATION AS REQUIRED, 8� INSTALL ROOT BIRRIERS 9� HATCH EXISTING LANDSCAPING 6+00 STREET q FS = FINISHED SURFACE PA = PI , NTING .REA TP - TOP OF PI_';NTER R,W DISPOSITION NO_T_ES_ ( THIS PLAN ONLY) 111 PROTECT - IN - PLACE (ITEM PER PLAN) m REMOVE WALL REMOVE PLANTER AND/OR LANDSCAPING SCALE 1" = 10' 6+50 � � 6 �PAi i GENERAL NOTES 1. SEE IMPROVEMENT PLANS FOR ALL DE'JOLOTION &. IMPRO','EMEN TS WITHIN THE PUBLIC RIGHT-OF-WAY. 2 MATERIALS TO BE PPROVED BY CITY & OWNER PRIOR TO CONSIRUCTION 3- CONCRETE PAVEMENT MIX: 520-C-2500 4. INSTALL CONTROL JOINTS IN PI' EIMFNT TO LATCH EXISTING OR 10' OC MAXRrIIAJ. a SECTION A -A —_ _----- ________--- N.T.S. CONSTRUCTION NOTES ( THIS PLAN ONLY) D 6" CURB PER STREET PLANS �2 CONSTRUCT AC DRIVEWAY 3" OVER NATIVE O CONSTRUCT BLOCK WALL PER KEYSTONE LEGACY STONE, OR EQUIVALENT HANUFACTURERS SPECIFICATIONS. �4 PRUNE TREE ROOTS IS REQUIRED INSTALL WROUGHT IRON FENCING 5' HIGH t. AX (AATCH EXISTING). INSTALL. CLASS "" TOP SOIL AS REQUIRED (D LIODIFY IRRIGATION AS REQUIRED. O� INSTALL ROOT BARRIERS (D MATCH EXISTING LANDSCAPING ABBREVIATIONS FS = FINISHED SURFACE PA = PLANTING ARE' TP = TOP OF PLANTER DISPOSITION NOTES ( THIS PLAN ONLY) PROTECT - IN - PLACE (ITEM PER PLAN) ❑2 REII,90VE WALL 3� REMOVE PLANTER AND/OR LANDSCAPING SCALE 1 " = 10' SECTION B -B N. T. S. GENERALNOTES. 1. SEE INAPROVEHENT PLANS FOR ALL DEHOLOTION & IHPROVEMENTS WITHIN THE PUBLIC RIGHT--OF-WAY- 2 H,1EIRAI S TO BE APPROVED BY CITY & OWNER PRIOR TO CONSTRUCTION 3. CONCRETE PAVEIv1ENT MIX: 520-C-2500 4, INSTAL!._ CONTROL JOINTS IN PA`-,/EAAEN T TO Lfi1ATCH EXISTING OR 10' OC MAXIMUM. 10400 C MESA DRIVE STREET CL CONSTRUCTION -NOTES ABBREVIATIONS DISPOSITION -NOTES (THIS PLAN ONLY) ES = FINISHED SURFACE; � `D 6" CURB PER STREET PLANS. PA = 1'W = PLANTING AREA TOP OF W;`,I_L CONSTRUCT PCC DRIVEWAY 4" OVER NATIVE R/W= RIGHT OF WAY CONSTRUCT (42" HIGH MAX) BLOCK WALT_ PER CITY BUILDING; STANDARDS (JOIN EXISTING WALL). M CONSTRUCT 13" x 18" PILASTER PER CITY BUILDING DEPT. ST NC)f'RDS 520_C-2500 IREMOVE AND RE -INSTILL WALL CAP & DECORATIVE PLANTERS. F-] STUCCO BOTH SIDES OF EXPOSED WALL. MATCH EXISTING COLOR AND TEXTURE. IN PA`lEFIFNT TO HATCH EXISTING INSTALL,. CLASS 'A' TOP SOIL AS REQUIRED. PER PLAN) OR 10' OC) MAXITAMYI, HODIFY IRRIGATION AS REQUIRED. 1130 REPLACE LANDSCAPING. (R,IATCH EXISTING) GENERAL NOTES DISPOSITION -NOTES SEE IMPROVEMENT P€ ANS FOR ALL DEMOLOTION (L}tiS PLAN ONLY) x TAPROVEME NTS WITHIN THE PUBLIC RIGHT-OF-WAY _ ? � PROTECT- IN- PLACE (ITEM PEIP, LAN) ? MA kTER,AL S TO BE APPROVED BY CITY A. OWNER PRIOR �.2 REMOVE WALL/ , FiLASTER TO CONSTRUCTION REMOVE Ptf;NTER AND LANDSCAPING 3. CONCRETE PA:'EIJENT MIX: 520_C-2500 F-] UTILITY BOX TO BE RELOCATED (ITEM 4. INSTALL CONTROL JOINTS IN PA`lEFIFNT TO HATCH EXISTING 4 PER PLAN) OR 10' OC) MAXITAMYI, SCALE 1" = 10' c RJW DEMO & IMPROVEMENTS PER STREET PLANS 21 9.5' 3T _1 PA PA �;TTr�ifT-171sT = I III' r SECTION A -A NTS SPACE EQUALLY ALONG PROPERTY LINE 12.0' ± OC CONSTRUCTION NOTES (THIS PLAN ONLY) o 6" CURB PER STREET PLANS. CONSTRUCT (42" HIGH MAX) BLOCK WAI.....I.. PER CITY BUILDING STANDARDS (JOIN EXISTING WAL1_) 4 REMOVE AND RE -INSTALL. WALL CAP & DECORATI''E PLANTERS. 05 STUCCO BOTH SIDES OF EXPOSED WALL. LIATCH EXISTING COLOR AND TEXTURE. 60 INSTALL CLASS 'A' TOP SOIL AS REQUIRED. 0 MODIFY IRRIGATION AS REQUIRED. REPLACE LANDSCAPING. ("A.�.TCH EXISTING) DISPOSITION NOTES ABBREVIATIONS I I GRASS (THIS PLAN ONLY) FS = FINISHED SURFACE 8) Ell PPOTECT-[N PL I (GE (ITEM PER PLAN) PA = PLANTING ARES-, V] RfliOVE WALL/PILASTER 1W = TOP of WALL C.l REMOVE PLAN TER AND LANDSCAPING T' = PROPERTY LINE R,,W = RIGHT OF WAY GENERAL NOTES OC = ON CEN FER 1. SEE 1MPR04'EMENT PLANS FOR ALL DEMOLOlION & kMPROV/EMENTS WITHIN THE PUBLIC RIGHT-OF-WAY. 2. TIATERIALS TO BE APPROVE) BY CITY & OWNER PRIOR TO CONSTRUCITON 3. CONCRETE Pr VEHENT LflX: 520-C-2500 4. INSTALL CONTROL JOINTS IN PA`JEMENT 10 fl"TCH EXISTING OR 10' OC MAXiMUPA. TYPICAL WALL LAYOUT NTS SCALE 1" 10' GENERALNOTES 1. SEE IMPROVEMEN !- PLANS FOR ALL DEMOLOTION & IMPROVEHENT'S WITHIN THE PUBLIC RIGHT -OF -'NAY. 2 MIATERIALS TO BE APPROVED BY CITY & OWNER PRIOR TO CONSTRUCTION 3. CONCRETE PA'.'EElENT MIX: 520-C-2500 4, INSTALL CONTROL JOINTS IN PAVEMENT TO MATCH EXISTING OR 10' OC 'A1; Xll`AUf,l. DISPOSITION NOTES ( THIS PLAN ONLY) � 11-1 PROTECT -IN-PLACE (ITETJ PER PLAN) `J REMOVE WALL ❑3 REMOVE LANDSCAPING FS FINISHED SURFACE PA = PLANTING AREA PROPERTY LINE = CENTER LINE R/W -= RIGHT OF WAY CONSTRUCTION NOTES { THIS PLAN ONLY) .'J 6" CURB PER STREET PLANS. CONSTRUCT 6'T HIGH PICKET FENCE PYRAMID STYI E GOTHIC OR EQUIVALENT DETAIL I*.REON. CONSTRUCT 5.5' HIGH FENCE GATE 0 INSTALL CLASS 'A' TOP SOIL AS REQUIRED :,IODIFY IRRIGATION AS REQUIRED. REPLr.NT E_ANDSCAPING (HATCH EXISTING) 2231 I °' CFASS JOIN EXIST -11 FE E 1 R/W C WI JOIN EXISTING HENCE 722 6 50 v DEMC, & IMPROVEMENTS (67,10 2. 20 TW 1220 TW PER STREET PLANS (66.70 FG) j If-•�---- 6, 10 FG) 72.50 TW 72.24 TW �� GATE (66.70 FG) (66,55 1'G) / // 5' �) 30.0' V // wM - - - � RAMP - S- - -- - �. ._ .� -- - �_. .........._ 0 _ .�.........� __ NTS 11m00 STREET HEW_:'�SA DIVE SCALE 1" = 10' DATE LMMIDONYYY) CERTIFICATELIABILITY 1 tl2/OB/2013 .. 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 Rho ODHItfDAYe holder is an ADDITIONAL. INSURED, thD paticy{les) rnust be endorsed. tf SUBROGATION IS WAIVED, subject to tire terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights t0 the certificate holder in lieu of such endorsement s . PRODUCER SSC #OB29370 2-925-244-7700 CNOANE Certificate nepartmant Edgewood Partners Insurance Centers (EPIC) PHONE n_ [Irvine Branch) ;025) 244-7700 pc Ro1: (925) 901-0671 Y.O. !sox 5003 ADDRLa4' EPIC'oerts®Edawoodlne.com m San Ramon, CA 94583 INSURER(S)AFFORDING COVERAGE ____,_ NAI" INSURERA: ARCH SPECIALTY INS CO 21199 INSURED INSURERS: ZURICH AHER INS CO 15535 eINSUREK C: . All American Asphalt NATIONAL ONION FIRE INS CO OF�PITTS 19445 _ P.O. Box 2229 MUNERD; BEABRIGHT INS CO 15563 Corona, CA 92878-2229 INBUNBit E: INSURER F; rnttcaArcc PCK+TIFIPATK M1IMRPP� 31948773 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW. HAVE :13EEN.ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. ILin WFEOFINSURANCE L POLICY NUMBER PMUGOIYEFF OD ICY P LIMITS A GENBRALLIABILITY GPP002265BO4 08/02/1 08/01/13 EACHOCCURRENCE $1,000,000 X COMMERCIALOENERALUABILITY DAMAGE E ORENTED u $'100,000 CLAIMS401ADE II OCCUR MED EXP An a� ;son) PERSONAL A ABU INJURY $1,000, DOB GENERAL AGGREGATE $ 2,000,000 IIEN'LAGGREGATE _ LIMIT APPLIES PER: PRCKRXTe. COMPiOP AGO $2,000,000 $ POLICY Px MR Lee S AUTOMOBILE LIABILITY BAP5571 000 8101713 COMBINED SINGLE LIMIT1, 000, 00q BODILY INJURY (Per person} $ X ANY AUTO BODILY INJURY {Psracddan0 $ ALL OWNED SCHEDULED AUTOS AUTOS NON^OWNED X HIRED AUTOS X AUTOS PROPERTYDAMAGE $ Par aril eni . $ *UMBRELLA LIAR X OCCUR 8814505355 08/01/1 08/01/13 eacHoccuRREHCE, 1 10,000,000 AGGREGATE $ 10,000:900 X , EXCESS UAB CLAIMS -MADE OED X RETENTION 10.000 $ U WORKERS COMPENSATION AND EMPLOYERS' LIABILIT YDRY ANYPROPRIETpR)PARTNERIEXECUTIVE YIN OFHCERIMEMSER EXCLUDED? = (Mandatoryin NH) NIA 881120243 0$/01/1 08/01/13 X WC BTATU- DTH - M E.L: EACH ACCIDENT $1, 000, 000 EL.OISEASE-EAEMPLOYE $1,000,000 E.L.DISEASE-POLICYLOAIT $ 1,000,000 Ifyas. desrnbe undor DESORN'TiONOFOPERATIONSIrd. DESCRFPTION OF OPERATbN3tL.OCATIONS7 VEHiC4ES(AfitaEh ACORD tOi, Addi(Ianai Renwtka Schedute,Umora spew ii rcgafred) RE: Santa Ana Heights Pavement Restoration / Contract No. 4707 (2) of Newport Beach Box 1768 rrt Beach, CA 92663 ACORD 25 (2010105) rjohneonl-org 31948773 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.. AUTHORIZED REPRESENTATIVE CA - USA ©1988-2010 ACORD CORPORATION. All rinhts reserved. The ACORD name and logo are registered marks of ACORD TEAS ENDORSEMENT GRANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF-INSURED RETENTION COVERAGE FORM SECTION II M 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 Project City of Newport Beach, its officers, officials, employees, and RE: Santa Ana Heights Pavement Restoration! agents Contract No, 4707 Eadwsarnern Nuarbar; This opMeSemeni Is affective on Ute Inception date of this policy wears (obsnWso staled herein (The Infonrranon below Is required only when this andorsonnent Is lowed subsaqu nd to Me preparation or the policy.) Po@oy Number, GPPo02MBN Named Insured: Ati AMWPcan Asphalt EndorsethWit Eflod wa Drdw 81V12 dp GGLOG06ga6SOT 3019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE... BROAD FORM, CGI. POLICY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF-INSURED RETENTION COVERAGE FORM Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the following paragraph is added to Condition 4. Other Insurance: Where the Named Insured is required by a written contract to provide insurance that is primary and non-contributory, and the written contract so requiring is executed by the Named Insured before any "occurrence" or offense, this insurance will be primary, but only if and to the extent required by that written contract. All other terms and conditions of this Policy remain unchanged. Schedule City of Newport Beach, its officers, officials, employees, and agents Project RE: Santa Ana Heights Pavement Restoration / Contract No. 4707 Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein (The information below is required only when this endorsement is issued subsequent to the preparation of the policy,) Policy Number: GPP002265804 Named Insured: All American Asphalt Endorsement Effective Date: 811112 00 CGL0130 00 09 06 Page 1 of 1 3019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUIBROGATION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF-INSURED RETENTION COVERAGE FORM Schedule Project City of Newport Beach, its officers, officials, employees, and RE: Santa Ana Heights Pavement Restoration / agents Contract No. 4707 Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 8. Transfer Of Rights of Recovery Against Others to Us is amended by the addition of the following provision: We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payments we make for Injury or damage arising out of your operations or "your work" done under a written contract with that person or organization. All other terms and conditions of this Policy remain unchanged. Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number; GPP002265804 Named Insured: All American Asphalt Endorsement Effective Date: 08101/12 00 CGL0121 00 09 08 Includes Copyright Material from insurance Services Office, Inc. Page 1 of 1 3019 POLICY NUMBER: SAP557108800 COMMERCIAL AUTO CA 20 48 02 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance. provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Win respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modl- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not atter coverage provided In the Coverage Form.. This endorsement changes the policy effective on the Inception date of the policy unless another date is indicated Wow. Endorsement Effective: 08101112 SCHEDULE (it no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an 'Insured" for Liability Coverage, but only to the extent that person or organization qualifies as an'9nsured' under the Me is An Insured Provision contained in Section It of the Coverage Form Project Schedule City of Newport Beach, its officers, officials, employees, and RE: Santa Ana Heights Pavement Restoration t agents Contract No. 4707 Copyright, Hawaii Insurance Bureau, inc,, 1999 Includes copyrighted material of the Insurance Services Office, Inc, with its permission CA 9028 (2-99) CA 20 48 0299 Copyright, Insurance Services Office, Inc., 1999 Page 9 of 9 $019 This endorsement is issued by the company named in the Declarations. It changes the policy on the effective date listed above at Ute hour stated in the Declarations, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsementmodifies insurance provided under the Business Auto Coverage Ferro Truckers Coverage Foran Garage CoverageForm Motor Carrier Coverage Form SCHEDULE !Name of Person or Organization: Schedule Project City of Newport Beach, its officers, officials, employees, and RE: Santa Ana Heights Pavement Restoration / agents Contract No. 4707 We waive my right of recovery we may have against the designated person or organization shown in the schedule because of payments we snake for injury or damage caused by an "accident" or "toss" restutirl$ fiom the ownership, maintenance, or use a a covered "auto" for which a Waiver of Subrogation is required in conjunction with workperformed by you for the designated personororganizadon. The waiver applies only to the designated person or orgarnzation shown in the schedule. U -CA -320-D CW (MSS) Prae I of 1 $019 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be * o!o of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Newport Beach, its officers, officials, employees, RE: Santa Ana Heights Pavement Restoration / Contract and agents No. 4707 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 8/1/12 Policy No, BB1120243 Endorsement No. Insured All American Asphalt Policy Effective Date 8/1112 Insurance Company Seabright Insurance Company f Countersigned By WC 04 03 06 (Ed. 4-84) 61998 by the Workers' Compensatlon tnsuranas Rating Bureau of California. All rights reserved. 3019 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 2/20/13 Dept./Contact Received From: Shari Rooks Date Completed: 2/20/13 Sent to: Sharti By: Renee Company/Person required to have certificate: All American Asphalt GENERAL LIABILITY A. INSURANCE COMPANY: Arch Specialty Insurance Company -8/1/12 to 8/1/13 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 $1M or greater): What is limit provided? $1,000,000 / $2,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. I1. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Zurich American Insurance Company -8/1/12 to 8/1/13 B. AM BEST RATING (A-: VII or greater) A+; XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. New Acord wording. I1). WORKERS' COMPENSATION A. INSURANCE COMPANY: Seabright Insurance Company - 8/1/12 to 8/1/13 B. AM BEST RATING (A- : VII or greater): _A-: IX -Non -Admitted Carrier C- LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? X Yes F-1 No HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes ❑ No IF NO WHICH ITEMS NEED TO BE COMPLETED? Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ® Requires approvallexception/waiver by Risk Management B&B initials Comments: General Liability Carrier & Work Como Carrier are Non -Admitted Will require Risk Manaaement Approval. 2/20113 Non -Admitted Status Approved by Sheri Anderson Approved: Risk Management Date #I 1111iiiii l! 110011111s- s FROM: Public Works Department David A.Public Works Director 949-644-3311, dawebb@newportbeachea.gov PREPAREDBi Patrick^M a, P.E., Senior Civil Engineer 949-644-3347, parciniega@newportbeachca.gov APPROVED. � E TITLE: Santa Ana Heights Pavement Restoration - Award of Oontract No. 4707 ABSTRACT Staff received favorable- construction Restoration Improvements contract to All American Asphalt. 1. Approve the project drawings and specifications: AwardContractNo, 4707 to All American Asphalt, $1,156,16&00 and authorizet ♦ execute Establishi i percent) to cover the cost of unforeseen work notoriginal 4 Approve Budget Amendment No. 13BA- 032 appropriating --S ,759.00 in 324hts Pavement County t • - - •` Restoration Account fill 12 I1WV 0 Upon approval of the proposed Budget Amendment, there will be sufficient funding for awarding the construction contract and for providing the necessary inspection and material testing services. This budget amendment appropriates the additional County Redevelopment funds to Underground Utility District 19 to complete the necessary street improvements. The following funds are planned to be expensed: Account Descrietion Account Dumber Amount Santa Ana Heights 7459-06100879 $ 1,361,156.00 Pavement Restoration Total: $ 1,361,156,00 PROS 1 of 4 Santa Ana Heights Pavement Restoration - Award of Contract No. 4707 February 26, 2013 Page 2 Funding for this project will be provided per agreement from the County of Orange Redevelopment Agency for Santa Ana Heights as part of underground Utility District 10. Per the terms of the funding agreement; staff has invoiced the County for the base bid amount of $1,068,068,00. Upon execution of the contract by Mayor and City Clerk, the County staff will authorize payment. Upon completion of the project, staff will invoice the County for the final construction and inspection/testing costs. Staff recommends awarding the construction contract to All American Asphalt, but will refrain from issuing the Notice to Proceed until funds have been received from the County. Proposed funding uses are as follows: Vendor All American Asphalt All American Asphalt Construction Inspection Geotechnical and Special Inspection Testing Services Various DISCUSSIOW Purose Construction Contract Construction Contingency Contract Inspector Geotechnical and Asphalt Pavement Testing Printing & Incidentals Total: a; M The underground utility construction in Santa Ana Heights was completed during the summer of 2012, and the City wishes to move forward with restoration of the streets. This project will restore the street, sidewalk and trail surfaces to good condition. It will also bring the majority of Mesa Drive into general conformance with the Specific Plan for Santa Ana Heights including additional horse railing, uniform street width along Mesa Drive, and sidewalks for pedestrian access. in addition, this project will address the profile of Mesa Drive from Birch Street to Cypress Street to improve drivability. At 10:00 A.M, on December 18, 2012, the City Clerk opened and read the following bids for this project: The low bid was determined according to the base bid items included in the plans and specifications. The contract with All American Asphalt includes the base bid amount of $1,068,068,00 along with additive bid items {$88,088.00} for a total amount of $1,158,156,00. The additive bid items include the relocation of private improvements on Mesa Drive necessary to property join the new street section, Several of the homes along Mesa Drive have existing non-standard improvements in the public right-of-way 2 of BIDDER Low All American Asphalt 2 PIMA Corp. 3 Horizons Const, Co. 4 PALP Inc. 5 R.J. Noble Co. 6 Hillcrest Contracting 7 Griffith Company 8 Hardy & Harper Inc. The low bid was determined according to the base bid items included in the plans and specifications. The contract with All American Asphalt includes the base bid amount of $1,068,068,00 along with additive bid items {$88,088.00} for a total amount of $1,158,156,00. The additive bid items include the relocation of private improvements on Mesa Drive necessary to property join the new street section, Several of the homes along Mesa Drive have existing non-standard improvements in the public right-of-way 2 of !ansa Ana Heights Pavement Restoration - Award of Good pct No. 4707 February 26, 2013 Page 3 (,such as fences, pilasters, mailboxes, etc), which will be relocated to private property when the street is widened. This work will reclaim the public right-of-way and sot aside the area for future sidewalk improvements to link the Cypress Street sidewalk with the existing sidewalk on the west end of Mesa Drive. The total bid amount of $11,156,156.00 is 5.9 percent under the Engineer's Estimate of $1,224,500,00. The low bidder, All American Asphalt, possesses a California State Contractors License Classification "A" as required by the project specifications, The contractor has completed similar projects for the City of Newport Beach and other public agencies. The work necessary to complete this contract consists of road reconstruction for a portion of Mesa Drive, including removal of existing private improvements and relocating to private property, grading and construction of new roadway, cold milling existing street surface and overlaying with new layer of asphalt, restoration of sidewalk and required ADA ramps, utility adjustments, removal and replacement of damaged cross gutters, installation of a new horse trail and railing and re -landscaping a street end right-of-way. Pursuant to the Contract Specifications the Contractor will have 60 consecutive working days to complete the work. ENVIRONMENTAL REVIEft Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQK) pursuant to Section 15301 class I of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it improvements to an existing street, sidewalks, gutters, bicycle and pedestrian trails and similar facilities (this includes road grading for the purpose of public safety). NOTICING: The Notice Inviting Bids for this project was advertised in the City's official publication and in construction industry publications. Thirty days prior to starting construction, a City prepared notice will be distributed by the contractor to residents within the project limits advising them of the pending work. Additionally, a second notice will be distributed to residents seven days before work is started adjacent to their property. Submitted by: n, _.r A David A.Ve�bbZ Public Works Director Attachment: A. Location Map B. Budget Amendment 3 of 4 RESTORATION EXHIBIT 0-4707 I R -6014-S 4 of 4 City of Newport Beach NO. BA- 13BA-032 BUDGET AMENDMENT 2012-13 AMOUNT: $324.759.00 i EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance XX ( Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance _— Transfer Budget Appropriations PX No effect on Budgetary Fund Balance 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: To increase revenue & expenditure appropriations due to a reimbursement agreement with the Orange County Redevelopment Agency for the Santa Ana Heights Pavement Restoration Project, which is intended to repair deteriorated pavement conditions as part of Underground Utility District 19, ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit REVENUE ESTIMATES (3601) Fund/Division Accor n Description 459 4845 Misc SAH Projects - OC RDA $324,759.00 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7459 Misc SAM Projects Account Number C5100879 SAH Utility Underground $324,759.00 Division Number Account Number Division Number Account Number Division Number Account Number 'lei '41" Automatic System Entry. Signed: v Financial Approval: Financ Date Signed: %/ E C✓��%t ! f� Adrninistraive Approval: City Manager Date Signed: City Council Approval: City Clerk Date BUDGETAMENDMENT 2012-13 EFFECT ON BUDGETARY FUND BALANCE: 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: NO. BA- 13BA-032 AMOUNT: $324,759,OQ PIncrease in Budgetary Fund Balance Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase revenue & expenditure appropriations due to a reimbursement agreement with the Orange County Redevelopment Agency for the Santa Ana Heights Pavement Restoration Project, which is intended to repair deteriorated pavement conditions as part of Underground Utility District 19. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit REVENUE ESTIMATES (3601) Fund/Division Account Description 459 4845 Mise SAH Projects - OC RDA $324,759.00 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7459 Misc SAH Projects Account Number C5100879 SAH Utility Underground $324,759.00 Division Number Account Number Division Number Account Number Division Number Account Number * Automatic System Entry. Signed:" t Financial Approval: Financ Date `e Signed: -2-17,011-2 Adminis ra e Approval: ity Manager Date Signed: - kil-� o?-,�-T 13 City Council Approval: City Clerk Date