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HomeMy WebLinkAboutC-4096(B) - Via Lido, Via Antibes, Via Oporto, & Via Malaga Street RehabilitationOFFICE OF THE CITY CLERK Leilani I. Brown, MMC January 25, 2011 Mr. Robert Bradley All American Asphalt P.O. Box 2229 Corona, CA 92878 -2229 Subject: Via Lido, Via Antibes, Via Oporto & Via Malaga Street Rehabilitation (C -4096) Dear Mr. Bradley: On January 27, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on February 2, 2010. Reference No. 2010000052173. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is 08950452. Enclosed is the Faithful Performance Bond. Sincerely, oa44� Y 0 VDV l----1 Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us ....... ...... CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT VIA LIDO VIA ANTIBES VIA OPORTO & VIA MALAGA STREET REHABILITATION CONTRACT NO. 4096 BOND NO. 089 50 452 - EXECUTED IN FOUR (4) PARTS FAITHFUL PERFORMANCE BOND The premium chrgLes on this Bond is $ 2,446.00 , being at the rate of $ thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to All American Asphalt, hereinafter designated as the "Principal ", a contract for construction of VIA LIDO, VIA ANTIBES, VIA OPORTO & VIA MALAGA STREET REHABILITATION, Contract No. 4096 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. 4096 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Seventy -Five Thousand, Five Hundred Seventy -Five and 00/100 Dollars ($575,575.00) 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 10 indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond, otherwise this obligation shall become null and void. 32 .. 1 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall In any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 3rd day of AUGUST 2009. Alt American Asphalt (Principal) FIDEITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 NO. BRAND BLVD GLENDALE, CA. 91203 Address of Surety SURETY: 818- 409 -2800 AGENT: 714- 935 -1112 Telephone OW'EN M. BROWN0 ATTORNEY -7N -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACT ®R AND SURETY MUST BE ATTACHED 33 ACKNOWLEDGMENT •.... n....aaa•.aa...aeon.........aap Pan ..................... a.... 0. e... a a...... State of Cali��gqrnla County nof, rNV-$ ice —)8s. ) On E �? i�j, � � before me, 4 A l..-• &V S7� e Notary Public, personally appeared c proved to me on 'the basis of satisfactory evidence to be the person%- whose name(V4 is /ap- subscribed to the within instrument and acknowledged to me that he /sly executed the same in his /heir authorized capacity(i$ai�, and that by his /hV*44eir signatures*on the instrument the person(,}; or the entity upon behalf of which the person} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. BRENDA L. ROYSTER Commission # 1700922 a Notary Public - California ,a Riverside County MyComm.ExOM0026,2010 + (seal) ................................... ............................... I..........., 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) 2 No Capacity of Signer: Trustee Power of Attorney CEO /CFO/ President / ice- Preslde 1 Secretary / treasurer Other: Other information: 35 Thumbprint of Signer ❑ CheG<here if no thumbprint or fingerprint IS avallable. ACKNOWLEDGMENT . aa.e......ns s. a...• ........................ a... .k..A...........Be,.........7.1 State of California County of On Public, personally appeared before me, Notary ,who proved to me on the basis of satisfactory evidence to be the person(s) ose name(s) Islare subscribed to the within instrument and acknowledged to me that he/ a /they executed the same in his /her /their authorized capacity(ies), and that by his /her /th r signatures(s) on the instrument the person(s), or the entity upon behalf of which the pers n(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEE ATTACHED SURETY ACKNQWLEDG'MENT Signature (seaq s.....aan ..................... n..... .. n...... .................•...•...•....r OPTION L INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisf/re-President vidence: Personn with at Paper Ition Credibls(es Capacity of Si Trustee Power y _ CEO /00 _ Preside- President �,_ Other Informat Identification / Secretary / Treasurer 34 Thumbprint of Signer Chedt here If no thumbprint or fingerpnnt is available. 1 CALIFORNIA ALURORPOSE ACKNOWLEDGMENT ..��- �r.,iRC�%+NU �- %�,�crx�^�.�c�.�r^ce�- . E�rx�F' rccr- c•^ ccr. ��ca' r�.: �azr.�cwacc.�csx.€rcr.<x =r.�c State of California County of ORANGE On 8 -3-09 before me, BARAARI J. BENDER NOTARY PUBLIC gars been Tea dare aaeer personally appeared OWEN M. BROWN manersl d BARBARA MENDER Commission # 1801899 s : ° Notary Public • California i Orange County My Comm. Expires Jul 13, 2012 BARBARA & BENDER connission • 1891 County Noboypooft-cul It r PYteNIANY SW Anowe 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS d an dal al. Signature mad OP77O Thou,O are iMOmrsbon below is not requ red by low. a MWPMM sakmlde to persons rayft an ON dararment NO WUW prevent hau&deM remomel and MaMactivniont of ads lam to another doowtteM. Description of Attached Document Tide or Type of Document: PERFORm"ci& BOND N0. 089 50 452 Document Date: 8 -3 -09 Number of Pages:. FOUR (4) Signer(s) Other Than Named Above: ALL AMERICAN ASPHALT Capacity(iesl Ciakned by Signer(s) Signer's Name: OWEN M _ BROWN Signer's Name: ❑ Individual ❑ individual ❑ Corporate Officer — Trde(s): ❑ Corporate Officer — Ttde(s): ❑ Partner —❑ Limited ❑ General ❑ Partner —❑ Umaed ❑ General )WAttomey in Fact ❑ Attorney in Fact • Trustee Top of ebmw nee ❑ Trustee Top of rhumb two • Guardian or Conservator ❑ Guardian or Conservator • Other. ❑ Other: Stt'gn�ref is Representng_ FIDELITY AND DEPOSIT Signer is Representing: COMPANY OF I YLAND ' RmOTnedmatNUtxYASebdeYa •99�OeSNOAoa P0.eox2�•QatltCA 919fa29O[• aand99W ReaEeCeOPo6fie91-0OD8766BZr CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT CG0'Z��S Agenda Item No. 11 August 11, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega, Senior Civil Engineer 949-644 -3347 or parciniega @newportbeachca.gov SUBJECT: VIA LIDO, VIA ANTIBES, VIA OPORTO & VIA MALAGA STREET REHABILITATION —AWARD OF CONTRACT NO. 4096 RECOMMENDATIONS: 1. Approve the project plans and specifications. 2. Award Contract No. 4096 to All American Asphalt for the Total Bid Price of $575,575.00 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $57,558.00 (10 %) to cover the cost of unforeseen work. DISCUSSION: At 9:30 a.m. on July 30, 2009 the City Clerk opened and read the following bids for this project: *Corrected Bid Amount The low total bid amount is 25% percent below the Engineers Estimate of $765,000. The significant difference in the Engineer's Estimate and the low total bid is due to a very competitive bidding environment reflecting the depressed construction environment. The low bidder, All American Asphalt, possesses a California State Contractors License Classification "A" as required by the project specifications and has successfully completed many projects for the City. The work necessary for the completion of this contract consists of mobilization, traffic control, construction notifications, survey services, curb, gutter and sidewalk, roadway reconstruction, , traffic striping and signage, and all other items of work required to complete the work in place. BIDDER AS -READ BID Low All American Asphalt $575,575.00 2 Ruiz Engineering Co. $603,385.60 3 RJ Noble Co. $696,909.00 4 Elite Bobcat Service, Inc. $699,401.50 5 Quality First Concrete $751,933.00 6 Pave West $1,609,678.00 *Corrected Bid Amount The low total bid amount is 25% percent below the Engineers Estimate of $765,000. The significant difference in the Engineer's Estimate and the low total bid is due to a very competitive bidding environment reflecting the depressed construction environment. The low bidder, All American Asphalt, possesses a California State Contractors License Classification "A" as required by the project specifications and has successfully completed many projects for the City. The work necessary for the completion of this contract consists of mobilization, traffic control, construction notifications, survey services, curb, gutter and sidewalk, roadway reconstruction, , traffic striping and signage, and all other items of work required to complete the work in place. �i Via Udo, Via Antibes, Via Oporto & Via Malaga Street RehaWitation — Award of Contract No. 4096 August 11, 2%9 Page: 2 Pursuant to the Contract Specifications, the Contractor will have 60 consecutive working days to complete the construction work. Environmental Review: This project is exempt from the Calffomia Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Notice of Exemption was filed with County of Orange in mid July 2009. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work two City prepared notices are distributed by the contractor to both residents and businesses. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. Geotechnical and Other Costs: In addition to the contract costs, approximately $11,475.00 in consulting geotechnical services are estimated for this project, which will be performed under the on -call professional services agreement. $1,000 is included for printing and other incidentals. Funding Availabilitv: Upon approval of the budget amendment, sufficient funds are available in the following accounts for the project: Account Description Gas Tax Traffic Congestion Relief Proposed uses are as follows: Vendor All American Asphalt All American Asphalt Harrington Geotechnical Various Prepared by: P tri k A a c Se r ini7a nior Civil Engineer Attachments: Project vocation Map Account Number Amount 7181- C2002021 $110,000.00 7191- C2002021 $535,608.00 Total: $645,608.00 Purpose Amount Construction Contract $575,575.00 Construction Contingency $57,558.00 Geotechnical Testing $11,475.00 Printing and Incidentals $1,000.00 Total: $ $645,608.00 Submitted by: Director Ov �rH (P'q Hwfos get 1,$wx /Dn ! !4e J ,y� a 9 A A�gJFF 6R 1� Mi O (PvT) S � �1'� aS y' W a (PY1� tylQr�yn gg 3T PLACE� ctfFp z ST 31ST 301H ST 49 291H '<sl 29TH ST -ok 5voo-,sr 25TH ST S �A 'f+ S� �� 9AYA fYe L � b FL y NEST p� N z m � _ PROJECT LOCATIONS FUTURE PROJECT LOCATIONS LIDO ISLE - VIA LIDO STREET REHABILITATION HfAY WEST cRESTVIEW � IASTA5 BAY A `AY ecb IV fi y CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JJ L -4000T ft-ft, i� •� • • • 1. OFFICE OF THE CITY CLERK Leilani I. Brown, MMC March 2, 2010 Mr. Robert Bradley All American Asphalt P.O. Box 2229 Corona, CA 92878 -2229 Subject: Via Lido, Via Antibes, Via Oporto & Via Malaga Street Rehabilitation (C -4096) Dear Mr. Bradley: On January 26, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on February 2, 2010, Reference No. 2010000052173. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is 089 50 452. Enclosed is the Labor & Materials Payment Bond. Sincerel (� coV� Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California..92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT VIA LIDO VIA ANTIBES VIA OPORTO & VIA MALAGA STREET REHABILITATION CONTRACT NO. 4096 BOND NO, 089 50 452 - EXECUTED IN POUR (4) PARTS 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 VIA LIDO, VIA ANTIBES, VIA OPORTO & VIA MALAGA STREET REHABILITATION, Contract No. 4096 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_ 4096 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 Five Hundred Seventy -Five Thousand, Five Hundred Seventy -Five and 001100 Dollars ($575,575.00) 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. 0. 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 3rd day of AUGUST , 2009. All American Asphak (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 NO. BRAND BLVD GLENDALE, CA. 91203 Address of Surety SURETY: 818- 409 -2800 AGENT: 714 -935 -1112 Telephone OWEN M. BROWN, ATTORNEY-IN- FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACT ®R AND SURETY MUST BE ATTACHED 9 ACKNOWLEDGMENT •.... A..n M.•e.. 00..M ................................. I......................... State of California - County offs� -- t--Zn vE3iZ S t (D6,5�q- )Ss. On 7�tx&- �3fir+�!U_L� before me, � f� S71;E_ , Notary Public, personally appeared Lo(3E:T6T 9- 410.L9n4 who proved to me on the basis of satisfactory evidence to be the person(k�--whose name* is /a)p- subscribed to the within instrument and acknowledged to me that he/s454theye executed the same in his /hgjP6t#te1r authorized capacity(i fi and that by his /heir signatures(V) -o the instrument the person(A,) '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 BRENDA L. ROYSTER Commission # 1700922 < •e Notary Public • California Riverside County MyCorrm. Dq*esOC126.2010 (seal) ..................... .....•....el,.................. e....... e................... OPTIONAL INFORMATION Date of Document ff Type or Title of Document t.f&L Number of Pages in Document 5- Document in a Foreign Language /vd _ Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible W itness(es) Capacity of Signer: _ Trustee Power of Attorney _CFO / CFO LP,� President Ice- Preslden Secretary /Treasurer Other: Thumbprint of Signer (] Check here if no thumbprint or flngarprint is available. 31 ACKNOWLEDGMENT ..... a.. n....• ......... ................ /.............. l........................ 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 (s) is /are subscribed to the within instrument and acknowledged to me that he /she /they ecuted the same in his/her /their authorized capacity(ies), and that by his /her /their signa res(s) on the instrument the person(s), or the entity upon behalf of which the person(s) a d, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State%f California that the Foregoing paragraph is true and correct. WITNESS my hand and official seal. SEE ATTACHED SURETY ACKNOWLEDGMENT Signature (seat) . . . . . . . . . . . . . . . . . . . . . . A . . . . . . . . . . . . . . . a 0 . . . A . . . . . . . . 1.........................I Date of Document. Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence.: Personally Known with Paper Paper identification Credible Witness(es) Capacity of Signer: Trustee _ Power of Attorney CEO /CFO /COO President / Vice -Pr Other: Other OPTIONAL / Secretary / Treasurer 30 Thumbprint of Signer ❑ Check here If no thumbprint or lIngerprint is available. I CALIFORNIA AL ACKNOWLEDGMENT State of California 1 County of ORANGE j} On 8 -3 -09 before me, BARBARA J. BENDER NOTARY PUBLIC Dam loan rmma eeaTiea at vm aHxer personally appeared OWEN M. BROWN Mana(s) d sdanm(s) BARBARA I BENDER Commission # 1801899 s @Mg Notary Public - California Orange County Comm. Expires Jul 13, 2012 BARDARA J. BENDER comilfts loe O 1801199 Nagry 11241111111; • caBtoua omw CCU*X12 who proved to me on the basis of satisfactory evidence to be the person(Q whose name(q) Wga subscribed to the within instrument and acknowledged to me that executed the some in authorized capadly( ), and that by h' signatrae(s) on the instrument the person(d), 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{tifomia that the foregoing paragraph is true and corre6 t J WITNESS Pb Wwy said Adore --° -- - - -- 9gn0ae - 'Ptbk - - - OPITONAL Though the b&vakW n below a not reWxml by kW N nmyproW eahsde to persons reyhW on the doamrent NW Could prevent hatalident remora/ and reattac/aneW of tits form to ano9w document. Description of Attached Document Title or Type of Document: PAYMENT BOND NO. 089 50 452 Document Date: 8 -3 -09 Number of Pages: FOUR (4)- Signer(s) Other Than Named Above: ALL AMERICAN ASPHALT Capacity(ies) Claimed by Signer(s) Signer's Name: OM M • BROWN ❑ Individual • Corporate Officer—Ttle(s): • Partner —❑ t..lmited 0 General WAttomey in Fact mmommmw 0 Trustee Top a ftrnb two • Guardian or Conservator • Other. S'�rrer Is Representing: FIDELITY AND DEPq$= COMPANY OF MARYLAND Signer's Name: 0 Indnridual O Corporate officer — Titie(s): 0 Partner —O limited 0 General 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator �KPTI.L� Signer Is Representing: Top of ftsAb twe oaoorw�ra�o; �• sssdaas�oae .anea�imz.da�m:caswds�•�wy ranasao� r�mee�:dmtaaowse� Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said CompanyErnomat'a re set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date e , by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and �t act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act a kings, and the execution of such bonds or undertakings in pursuan s said Company, as fully and amply, to all intents and purposes, as if p Ax`� ged by the regularly elected officers of the Company at its office in Bal ' r rse4is. is power of attorney revokes that issued on behalf of Owen M. BRO�at ruarvd I7C� n The said Assistant Section 2, of the By -i the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. IN WITNESS Wf*,10017, 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 December, A.D. 2004. ATTEST: 'gyp I feO41; 0 0 w' s 16DD W 4 r.ni State of Maryland l ss: City of Baltimore j FIDELITY AND DEPOSIT COMPANY OF MARYLAND 4,- V Y < . Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. na�t,h ��� I � f �' ��ti 1✓ Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA -F 012.4160 RECORDING REQUESTED AND �. WHEN RECORDED RAJl l TP: AN 9- 40 City Clerk OFFICE. OF City of Newport Beach , THE �,E C1TY CLERK 3300 Newport BoulevaNTY 0c NE4"KORT BEACH Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, All American Asphalt, of Corona, California, as Contractor, entered into a Contract on August 11, 2009. Said Contract set forth certain improvements, as follows: Via Lido, Via Antibes, Via Oporto & Via Malaga Street Rehabilitation (C-4096) Work on said Contract was completed, and was found to be acceptable on January 26, 2010, 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. Korks Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. qq Executed on a� 0`��� , at Newport Beach, California. BY City Clerl� "\ X11 PORNO - OFFICE OF THE CITY CLERK Leilani I. Brown, MMC January 27, 2010 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion for the following projects: • Amethyst Avenue — South Bayfront MotorizedTide Valve Replacement (C -4063) • Corona del Mar Streetlight Improvement Project (C -4090) • Via Lido, Via Antibes, Via Oporto & Via Malaga Street Rehabilitation (C- 4096) Please record the enclosed documents and return them to the City Clerk's office. Thank you. Sincerely, �( - 0" Leilani I. Brown, MMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, John S. Meek Company. Inc, of Gardena, California, as Contractor, entered into a Contract on February 10, 2009. Said Contract set forth certain improvements, as follows: Amethyst Avenue — South Bayfront Tide Valve Replacement (C -4063) Work on said Contract was completed, and was found to be acceptable on January 26, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Great American Insurance Company. BY ublic orks Director City of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �JJF BY lh c City Clerk at Newport Beach, California. �PPROUED CITY OF NEWPORT BEACH I I JAN 2 7 711111 CITY COUNCIL STAFF REPORT January 26, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arcinlega, Senior Civil Engineer 949- 6443347 or parciniega @newportbeachca.gov SUBJECT: VIA LIDO, VIA MALAGA, VIA OPORTO & VIA ANTIBES PAVEMENT REHABILITATION - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4096 Recommendations: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond 1 year after Council acceptance. Construction Contract Summary: Construction Contract Final Cost at Benchmark Contract Actual Time (days) Under ( -) or Award Amount Completion Target Time (days) Over + $575,575.00 $559,436.86 Contract Contract 60 -12 Discussion: On August 11, 2009, the City Council authorized the award of this contract to All American Asphalt. (AAA). Under this contract, AAA cold milled the top layer of degraded AC and overlaid it with rubberized AC, removed and replaced broken cracked up curb and gutter, cross - gutters and sidewalk, installed root barriers for street trees and upgraded existing handicap ramps to comply with ADA requirements. Via Lido, Via Malaga, Via Opon `Via Antibes Pavement Rehablihation Completioiiand Acceptance of Contract No. 4096 January 26, 2010 Page 2 The contract has now been completed to the satisfaction of the Public Works Department. The contract construction costs were: Original bid amount: Actual amount of bid Total amount of one items constructed: ;hange order: $575,575.00 $552,992.06 $6,507.60 contract cost: $559,436.66 One change order in the amount of $6,507.60 was approved for the color staining of concrete sidewalk and ADA ramps to match Lido Isle's colored concrete sidewalks pursuant to Council policy. The final contract cost, including one change order, was still less than the original bid cost. A summary of the project schedule is as follows: Estimated completion date per Master Schedule: Project award for construction: Date of Notice To Proceed: First day of work: Estimated completion date on Notice To Proceed: Actual substantial construction completion date: December 24, 2009 August 11, 2009 September 10, 2009 September 14, 2009 November 26, 2010 November 19,2009 Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Restoration or Rehabilitation) of the CEQA Implementation Guidelines. This Exemption covers the restoration or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment to meet current standards of public health and safety. Public Notice: Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, two City prepared construction notices were distributed by the contractor to the nearby residents advising them of the work. Total Project Cost In addition to the primary construction contract, this project involved other project expenses. Total project expenses are summarized as follows: Construction $552,992.06 Design 111,829.90 Surveying 58,860.30 Geotechnical Testing 1,292.50 Incidentals 1.729.42 Total Project Costs $726,704.18 Via Lido, Via Malaga, Via Oporto.- -Via Antibes Pavement Rehabilitation Completion Acceptance of Contract No. 4096 'January 26, 2010 Page 3 Funding Availability: Funds for the construction contract were expended from the following accounts: Account Descriation Traffic.Congestion Gas Tax Prepared by: rr'' ��C Patrick Arciniega Senior Civil Engineer Account Number Amount 7191- C2002021 $523,133,00 7181- C2002021 _ 29.859.06 $552,992.06 Submitted by: CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 Until 9:30 AM on the 30th day of July 2009, at which time such bids shall be opened and read for VIA LIDO, VIA ANTIBES, VIA OOPORTO $ VIA MALAGA STREET REHABILITATION Title of Project Contract No. 4096 $765,000.00 Engineer's Estimate w Public Works Director Prospective bidders may obtain one set of bid documents for $20.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project. "A" For further information, call Patrick Arciniega, Project Manager at (949) 644- 3347 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.city.newport-beach.ca.us CLICK: e- onlineservices /e- bidPublicWorks CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT VIA LIDO, VIA ANTIBES, VIA OPORTO & VIA MALAGA STREET REHABILITATION CONTRACT NO. 4096 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT VIA LIDO, VIA ANTIBES, VIA OPORTO & VIA MALAGA STREET REHABILITATION CONTRACT NO. 4096 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 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. 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. -tkaV?o7? /4 -1C -/Z. Contractor's License No. & Classification Aa p14OU64�j AP#i4-�-r Bidder Authorized Signature/Title ZogeR-T- I V . r . J --)u Date 4 BOND NO. 085 97 423 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT VIA LIDO IA ANTIBES VIA OPORTO & VIA MALAGA STREET REHABILITATION CONTRACT NO. 4096 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN ]2ERCIrNT of TOTAL _ BID PRICE Dollars ($ 10% of B; a ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of VIA LIDO, VIA ANTIBES, VIA OPORTO & VIA MALAGA STREET REHABILITATION, Contract No. 4096 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within .thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 21st day of ALL AMERICAN ASPHALT Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 NO. BRAND BLVD CA ._ 9190_'L - Address of Surety 1?08Addrurety SURETY: 818--409-2800 AGENT: 714-935-1112 Telephone JULY 2009. horized Sfgnaturerfitle T f `� re OWEN M. BROWN, ATTORNEY-IN-FACT print Name and Title (Notary acknowledgment of Principal & Surety must be attached) BID DATE: JULY 30, 2009 ACKNOWLEDGMENT ■ r ■ ■ r • ■ ■ r ■ ■ ■ r r ■ ■ . ■ P ■ ■ r ■ ■ P ■ r ■ ■ P r ■ r ■ ■ ■ ■ r ■ ■ ■ r ■ r ■ ■ r ■ ■ r r ■ w P ■ r P ■ r r ■ r ■ r r ■ r r r ■ II P ■ r ■ r • 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 he/s same in his/her/their authorized capacity(ies), and that by hi/State /hr/their instrument the person(s), or the entity upon behalf of which th instrument. I certify under PENALTY OF PERJURY under the laws of foregoing paragraph is true and correct. WITNESS my hand and official seal. SEE ATTACHED SURETY ACKNOWLEDGMENT: Notary ,who vh a name(s) is/are I /they executed the signatures(s) on the acted, executed the of California that the Signature (Seal) ■ ■ ■ ■ ■ P ■ P ■ ■ ■ r ■ ■ ■ ■ ■ ■ r M ■ ■ P ■ ■ P ■ ■ P M ■ ■ ■ M1ALINFORMATION ■ • r P ■ ■ r *.an • '11I ■ • ■ r t ■ P r ■ .044 ■ +I . f e ■ . OPTIO Date of Document Type or Title of Document Number of Pages in Document Document in a F=oreign Langua Type of Satisf<)etory Evidence _ Personally Known wit Paper Identification Paper Identification Credible Witness( ) Capacity of Signer: Trustee Power of Att ney CEO/Cr O I COO President Vice-president I Secretary! Treasurer Other: Other Infor atiom — [: Thumbprint of Signer C] Check here if no thumbprint or fingerprint is avallable. ACKNOWLEDGMENT • • w ■ A ■ ■ / P • ■ ,1 • r M ■ ■ ■ • ■ P ■ ■ e ■ ■ A ,1 ■ ■ M ■ • • ■ ■ ■ w ■ • ■ a ■ ■ r ■ ■ A ■ ■ ■ ,1 ■ ■ • ■ ■ ■ r ■ ■ ■ ■ 11 ■ • A • ■ • • g P ■ ■ s ■ • 1 state of Califo nia County of VGLs (iD) ss. On J Public, persona proved to me on the basis of satisfactory evidence to be the person(4)-whose name(da-is/a4e, subscribed to the within instrument and acknowledged to me that he/stq executed the same in his/h4pAheir authorized capacity(i and that by his/hWVv sign atu res(4}-on the instrument the person(W or the entity upon behalf of which the person(4)-acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California foregoing paragraph is true and correct. WITNESS my hand and official seai. p • r • \ ■ A ■ ■ ■ M ■ r ■ ■ ■ ■ • ■ ■ ■ r ■ ■ ■ e ■ ■ ■ A ■ ■ . • ■ ■ . A ■ ■ . M ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ N ■ ■ ■ r ■ ■ ■ ■ A ■ ■ M . e ■ ■ear ■ e } ■ ■ r 1 OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Lanquage Type of Satisfactory E=vidence: _ Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee Power of Attorney CEO / CFO / C00 r Pretid"t / Vice -President / SEe� I T r Other: Other Information,— i7ce- Thumbprint of Signer CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _ ORANGE On 7-21-09 before me, BARBARA J. BENDER, NOTARY PUBLIC Date Hera Insert Name and Title of Um Officer personally appeared OWEN M. BROWN Names) of Signers) BARBARA J. BENDED — �r a�4 ACommission # 1801899 C Z: Notary Public - California J Orange County My Comm. Expires Jul 13, 201? BARBARA J. BENDER Commission # 1801899 Notwy pwmc - California Aff ul coaiarl.� COU* Its. 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(®) whose name(*) is/M subscribed to the within instrument and acknowledged to me that he executed the same in hisAMOM authorized capacity(*), and that by hi signature(e) on the instrument the persons), 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 ggfomia that the foregoing paragraph is true and corredt. J _ WITNES: Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: 7-21-09 Signer(s) Other Than Named Above: ALL AMERICAN ASPHALT Capacity(les) Claimed by Signer(s) Signer's Name: OMEN M. BROWN ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General IWAttorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer. Is Representing: FIDELITY AND DEPOSIT COMPANY OF MARYLAND Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): R ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THU70BPRIN'T OFSIGNER, 02007 National Notary Associatlon • 9350 De Salo Ave., P.0.13ox 2402 • Chatsworth, CA 91313.2402• www.NationalNotaryorg Item #5907 Reorder. Call Toll -Free 1.800.876-t W Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the dat by nominate, constitute and appoint Owen M, BROWN, of Anaheim, California, its true and a o act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act kings, and the execution of such bonds or undertakings in pursu s on said Company, as fully and amply, to all intents and purposes, as if xe ged by the regularly elected officers of the Company at its office in I ' is h r r . This power of attorney revokes that issued on behalf of Owen M. Bltevg _at ruarvd:2Q The said Assistant E6 Section 2, of the By-lfq WITNESS WI affixed the Corporate December, A.D. 2004. ATTEST: '�o Divas. rorv6 a 1tM � a m the extract set forth on the reverse side hereof is a true copy of Article VI. and is now in force. REOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of State of Maryland City of Baltimore ss: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 2), - Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 1,/15a1117f gIf t f 1�` t f %I1tlp15 Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA -F 012 -4160 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages.... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 21st day of JULY 2009 Assistant Secretary Best's Rating Center - Company Information for Fidelity and Deposit Company ... Page 1 of 2 View Ratings: Emancial Stmaerh burner Lredit Securities Advanced Search Fidelity and Deposit Company of Maryland to ram, a Zal e,mm,n 3a keel A s-Ii OWa] here 1: aN.. FEIn! 13...11 Address: 1400 American Lane Phone: 847- 6056000 Schaumburg, IL 60196-1066 Fax: 647- 6056011 Web: .w .zunchna com Best's Ratings Financial Strength Ratings View refini Ions Rating: A lExcelle rt) Affiliation Code: 9 (Group) Financial Size Category: XV ($2 Billion or greeter) Outlook: Stable Action: Affirmed Effective Date: December 11, 2008 ommwee urxea:r ma rat". .."rea, 1. Con panic¢ Jai Mr.. r .,.n--, an.acct -, adiiw m ineel Mar f a' , ad9alcne b Wicoartare, Issuer Credit Ratings View Definitions Long -Term: a+ Bullock: Stable Action. Affirmed Date: December 11, 2008 * Denotes Under Review Ratings. See rating definitions. Reports and News V*4 our NewsRaom for the latest news air press mlea54s for this company and its A.M. Best Group. a� AMB Credit Report • Insurance Professional (Unabridged) (formerly known as Best's Company Report) - includes Basil pint rationale along with comprehensive analytical comrnenrary, detailed business overview and key financial data. Y Report Revision Date: 07/17/2009 (represents the latest significant change), Ilnstoncel Reports are available in AMB Credd Repod Insurance Professional (Unabridged) Archive " I Best's Executive Summary Reports (Financial Overview) available in three versions. these presentation style retrains feature bolon0e 5 E i key financial perlorrnanco tests including profitability. liquidity and cSorve analysis. Data status: 2004 Rests Statemenl Fde - P /C. US Contains data compiled as Of 712412009 (Quality Cross Checked). / 5bngle Company Five years of financial data sneri6cally on this company. 1 Comparison side -by -aide llnanadl analysis of this company wnh a,ecr,miae of up o five other companies you select. / Composite - evahlate this cnmpanys fina0(rals agmriSt a Door group composite. Report displays bath the average and total coml yrm,tr. AMB Credit Rapun- Business Professional - prOvilss three yea* 01 key financial data presented wah colortul chain and tables. Each re latest BaSt'S Ratings, Rating Rationale and an ercerpl from our Business Review commerdary. I Data Slates: Cortina data compiler 98 of 7/24/2009 (Quality Cross Checked) Beat's Key Rating Guide Presentation Report - inailudps Pasts Financal Slrengln Rating and Ilnancnal aata as provided In Beat's Key Ra Data Status: 2007 Financial Data (Quality CrOSS Checked). F'inanc'ial and Analytical Products Bests Prnpfsty /Caswlly, Center - premium Data 8 Reports Bcsl's Key Rating Guide - P /C, US 5 Canada Best's Statement File - P /C, US Best's Statement File - Global Basi's Insurance Reports - PIC. US 8 Canada Best's State Une - P /C, US Best's Insurance Expense Exhb 1IIEEI - P /C, US Best's Schedule F (ReinaurantieJ:?(G,_U$ Best's SChgdM@{Mu appal Bor i - uS Bes1's_SGheduLDC4mmon StocksL- U6 Best's Corporate Changes and Retirement; - PIC, US/CN Bests Schedule P ILOSS Reserves) - P /C. US Beat's Schedule D - Hybrid -PIC $ Adi US Best's SGladula QLrporaie Bonds) - US Beat's Insurance Reports -Omkne - P(C.M 8 Canada http: / /www3.ambest. com /rati ngs/Ful I Profi le. asp? B I =O&AM BN um= 387&AItSrc =1... 07/30/2009 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT VIA LIDO VIA ANTIBES VIA OPORTO &VIA MALAGA STREET REHABILITATION CONTRACT NO. 4096 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 p ° of Total Bid Name: Address: Sar4 14 c,�- • �3� Phone: I i . State License Number: 44t'313 '3 3 Name:,6JZ�*isa_ Cb . 5 �Ir pt t Address: Phone: State License Number: �- Name: �''�5 � _ •_� 7�1� Address: i; Sy -5AJJ Phone: IY, 531 ^ 6�9 State License Number:-- lkG �RL(:09q1APArk p Bidder horized Signature/Title I �evT t3Q�—,Q , 8 LID CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 4096 DESIGNATION OF SUBCONTRACTORLSI T State law requires the listing of all subcontractorswill a subcontractor is not listednthe in excess of one-half of one percent of the Contractor's total b'd If Contractor, represents that he/she is fully qualifiodstshalland bewill made onlynni alcco�dance with State r performing that portion of the work. Substitution of subcontract applicable, law and/or the Standard S ecifications for Public Works Construction, as app 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 he Engineeid r the and ,accordance these subcontractors will No will be used subject to the approval oft g roval of the City of Newport changes may be made in these subcontractors except with prior app Beach. (Use additional sheets if needed) of Bid Item Description of Work °i° Subcontractor's Information Number Total Bid Name: 6k, YTko f f ; VA1v -fftepg Address:r1 Phone: /u_ �51_ _ b58 State License Number:G 3 0 Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: horized Signature/Title I Bidder 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT VIA LIDO, NIA ANTIBES. VIA OPORTO & VIA MALAGA STREET REHABILITATION CONTRACT NO. 4096 TECHNICAL ABILITY AND EXPERIENCE REFERENCE$ Contractor must use this formlll Pieasg print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Project Description J PVC "'e"rs Approximate Construction Dates: From 3 c4 CO V To: 7 `.3 W Agency Name Contact Person 71 v DIAIJ Telephone (14 b ! 0 ' I ( 9l ' 1TL Original Contract Amount $1 1j ri3 inoa I Contract Amount $ 4 If final amount is different from original, please explain (change orders, extra work, etc.) "/Pr- 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. JLJ O No. 2 Project Name /Number Project Description Approximate Construction Dates: From L— To: to 'Dw y Agency Name z2 -1!!�� Contact Person K , A-'M64� Telephone (95# 2-9 — 7 S56� Original Contract Amount $3iilgc2t na Contract Amount $'> WC'- -X if final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. ND No. 3 n . _ nC n p n C-B rsy-rs q�i /M,„ Project Name /Number ��]j Project Description Approximate Construction Dates: From //—aW 7 To: Agency Name Contact Person a TD� v Telephone ( ?i� tIJY'"! '5D1 Y g 7 SL� ,o Original Contract Amount $ r -lll � mar Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 1—X0 10 No. 4 Project Name /Number Project Description NJ Approximate Construction Dates: From 3X0 7— _To: �P—cRwl Agency Name Contact Person Telephone* Original Contract Amount $�G0`Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) A-)114- 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. FEE No. 5 Project Name /Number Project Description �7[ 1�c�//r ..i�/ c �AOR Approximate Construction Dates: From Y' To: Agency Name Contact Person 619i I V OR>04 ��F _ Telephone (9�II r ?3�r•�r01 Od Original Contract Amount $ 4m OaKal Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. P6 11 No.6 —7��A. p� Project Name /Number _ _^1/SMN a siu _ Project Description 51ga;r-T x P Approximate Construction Agency Name &7 From 11 -?64( %GSR5 J To: 4 dw7 — Contact Person & XOt-N T�&GA4,J TelephoneW� 5023 —31 to Original Contract Amount $at 'OFinal Contract Amount $ 020 If final amount is different from original, please explain (change orders, extra work, etc.) 0 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 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. 50 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. i 1 �� ' % f �.ts 12 t ui ez"edSginaturefTitle �t P.O. Box 2229, Comna, CA 92678-2229 Doug Harrington w. 199 1?resent All American Asphalt Corona, CA Construction Manager • Supervise construction activities for general engineering contractor. • Manage grading, concrete, and paving operations for both public and private work projects. 1990 -1996 Paving Superintendent • Managed all paving operations. • Responsible for organizing personnel, equipment and materials for paving projects. • Responsible for project acceptance. • Handled customer inquiries and complaints. 1988 -1990 Foreman • Managed daily operations for grading, concrete, paving and public works projects. • Responsible for quantity verification and contract changes. 1977 -1983 Industrial Asphalt/Hunt Mix Irwindale, CA Operating Engineer • Responsible for daily maintenance and operation of various heavy machinery. Addillo6i}l6foi11121ib Attended various educational classes relating to the construction industry including: - Agtec Pointman Training (Non contact sensor grade control) - Asphalt Technology CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT VIA LIDO VIA ANTIBES VIA OPORTO & VIA MALAGA STREET REHABILITATION State of California ss. CO TRACT NO. 4096 NON - COLLUSION AFFIDAVIT beinggfii�rs��t ul � sworn, d�ggp�qs a that he OF is l of /�f f L �h�L�L (P�%J , the party making If foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnershi company, association, organization, or corporation; that the bid Is genuine and not collusive or sham; th parry making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undlsclow person, partnership, company, association, organization, or corporation; that the bid is genuine and n collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put In false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidd or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in ai manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the b price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of th of any other bidder, or to secure any advantage against the public body awarding the contract of anyor interested in the proposed contract; that all statements contained in the bid are true; and, further, that tl bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the conter thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporatio partnership, company association, organization, bid depository, or to any member or agent thereof effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of alifornia the fore�goi i true and correct. Bidder —Authorized Signature/Title �c IUD t U Subscribed and sworn to (or affirmed) before me on this day of 2009 by the basis of I certify under PENALTY OF- foregoing paragraph is true and [SEAL] , personally known to me or proved to me to be the person(s) who appeared before me. 13 the laws of the State of California that Notary My Commission CALIFORNIA JURAT State of California County of Riverside Subscribed and sworn to (or affirmed) before me on this 28th day of July 2009, Date Month By (1) Robert Bradley '"��*® Name of Signer BRENDA L�#1 ER Proved to me on the basis of satisfactory evidence ` Commission0922 y am ;, Notary Public - California =be the person who appeared before me Z! Riverside County My Comm. Expires Oct 26, 2010 (and (2) / Name of Signer Proved to me on the basis of satisfactory evidence be�person who appeared before me.) 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. Further Description of Any Attached Document Title or Type of Document Non -Collusion Affidavit Document Date: 7-28-09 Number of Pages: 1 Signer(s) Other Than Named Above: None CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT VIA LIDO VIA ANTIBES VIA OPORTO & VIA MALAGA STREET REHABILITATION CONTRACT NO. 4096 DESIGNATION OF SURETIES Bidders name ku— %7 Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): r -v 6s cr Geo. OF /k LMb S & -009 --AOO �vr D U_e7) M • TJX -e51.0 1 _T) 5S e,4,vCt� 7tq--9 3s-11 12. op 0/1637 NUDmilco.� 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT VIA LIDO VIA ANTIBES VIA OPORTO & VIA MALAGA STREET REHABILITATION CONTRACT NO. 4096 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Ir 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 2008 2007 2006 2005 2004 Total 2009 No. of contracts 1-79 l C0q Rt C) l 2Z� t-2-69 11 S�; (OC4; Total dollar Amount of (pl,blvi 253,5 3s9�$ 0 :3 b tlL3ws:41I,g23, Contracts (in Thousands of $ No. of fatalities .� �" �— {�— �� �--- S--� No. of lost Workday Cases �� Z� 337 In "� UO No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder 7H�Business Address: -0Business Tel. No.: SI -7 - State Contractor's License No. and � �?07� Classification: Title W ' - The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or of fewer than all of the partners/joint ventures if submitted with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners/joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. irl CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On July 28, 2009 before me, Brenda L. Royster, Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley and Mark Luer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the BRENDA L. a person(s) whose name(s) +s/are subscribed to the within instrument ROYSTER p () Commission # 1700922 and acknowledged to me that #e/she/they executed the same in Notary Public California Z hi-s/lter/their authorized capacity(ies), and that by 4W44er/their Riverside County = signature(s) on the instrument the person(s), or the entity upon behalf My Comm. Expres Oct26,2010 of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my and and 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 Contractor's Industrial Safety Record — City of Newport Beach Document Date: July 28, 2009 Number of Pages: 2 Signer(s) Other Than Named Above: Norte Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradley ❑ Individual X Corporate Officer—Title(s): Vice President ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: Signer's Name: Mark Luer ❑ Individual X Corporate Officer — Title(s): Secretary ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT VIA LIDO, VIA ANTIBES, VIA OPORTO & VIA MALAGA STREET REHABILITATION CONTRACT NO. 4096 ACKNOWLEDGEMENT OF ADDENDA Bidders name AU bkeV AAYtOtT The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: _Al �' foci 17 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT VIA LIDO VIA ANTIBES VIA OPORTO & VIA MALAGA STREET REHABILITATION CONTRACT NO. 4096 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Business �0. Telephone and Fax Number Q51 - 7Yh-7-6 44: CF J California State Contractor's License No. and Class:--k ?(V7o7.3 ! Z (REQUIRED AT TIME OF AWARD) Original Date Issued: 1-11-71 Expiration Date: 1— 31 —10 List the name and fitlelposition of the person(s) who inspected for your firm the site of the work proposed in these contra documents: 3-mea t6 or. Pew— Kpro etZ 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 )Rlu b .S(WuoP &AS[ cam- qbo 0 A l -�UALA�Ck Corporation organized under the laws of the State of ag //a,� 18 • 7� The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: JVONC�' All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: 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: r -J/t+- Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; 0 Have you ever had a contract terminated by the owner /agency? If so, explain. fiO, Have you ever failed to complete a project? If so, explain. 1c1D 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 lab ompliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes QiOJ Are any claims or actions unresolved or outstanding? Yes IJo 19 If yes to any of the above, explain. (Attach additional sheets, if necessary) PIA-- Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. DAu b. &56W4G_ (Print name of Owner or President ul+ On U.�- Zqs X00 personally appeared -JLA t.t 2% �a00� Date o� � . t D � I. iii who proved to me on the basis of satisfactory evidence to be the person(d)-whose name(#- is /ad- subscribed to the within instrument and acknowledged to me that he /sh&Abm7 executed the same in his /hs*keir authorized capacity(i*4, and that by his /hes*l eir signature(* on the instrument the person(9 , or the entity upon behalf of which the person(itracted, executed the instrument. 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. 414IZ4(SEAL) Notary Public in and for said State My Commission Expires: f0 -24 — ! O 20 BRENDA L. ROYSIER C_ 0-m-ml-351on # 1700922 -w Notary Public • California Rlvereids County Wly Come. BOO Oc126.2010 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT VIA LIDO, VIA ANTIBES, VIA OPORTO & VIA MALAGA STREET REHABILITATION CONTRACT NO. 4096 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT VIA LIDO, VIA ANTIBES, VIA OPORTO & VIA MALAGA STREET REHABILITATION CONTRACT NO. 4096 CONTRACT THIS AGREEMENT, entered into this it day ofA pG , 2009, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and All ArAerican Asphalt, a California corportation hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: VIA LIDO, VIA ANTIBES, VIA OPORTO & VIA MALAGA STREET REHABILITATION "The work necessary for the completion of this contract consists of (1) distributing construction notices to affected businesses and residents; (2) construction surveying; (3) removing raise pavement markers; (4) removing existing pavement; (5) removing existing sidewalk, curb, curb and gutter, cross gutter, driveway approaches, local depressions and curb access ramps; (6) grinding (cold mill), reconstructing and overlaying roadway; (7) constructing sidewalks, curb, curb and gutter, cross gutter, driveway approaches, local depressions, curb access ramps; (8) pruning trees and installing tree root barriers; (9) adjusting utility and survey facilities; (10) installing traffic striping, traffic detector loops, pavement marks, curb painting, and raised pavement marking; (11) coordinating with outside utility owners to have facilities raised to grade; (12) storm drain improvements 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. 4096, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. .............................. ..................... B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Five Hundred Seventy-Five Thousand, Five Hundred Seventy-Five and 001100 Dollars ($575,575.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Patrick Arciniega (949)644-3347 CONTRACTOR All American Asphalt P.O. Box 2229 Corona, CA 92879 951- 736 -7600 951 - 736 -7646 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and rip or to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. 23 Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. City reserves the right to require complete, certified copies of all required insurance policies at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a. Workers' Compensation Coveraae. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including 24 coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, 25 reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award,' so that the City may review and approve all insurance and bonds documentation. 7. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 8. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. G. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. OKO Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in G.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: Dqt, CI APPROVED AS TO FORM: X-V�:D� - ynett . B a p Assistant City Att r y ALL AMERICAN ASPHALT By:/ 2,� ( orate Officer Title:—V PM1 oaz Print Name: (Financial Of icer Title: Print Name: Please note: Corporations must complete and sign both places above even if each office is held by the same individual 27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On August 13, 2009 before me, Brenda L. Royster, Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley and 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) is/are subscribed to the within instrument BRENDA I. Commission # 170099 22 ROYST�and acknowledged to me that he/she/they executed the same in : ,�. : ;' Notary Publlc - California Z h &A4cf/their authorized capacity(ies), and that by 4Wher/their Z °o �' Riverside County ' signature(s) on the instrument the person(s), or the entity upon behalf , of which the person(s) acted, executed the instrument. Nry Comrn. Fxpir�,s c-..,C,t 4.c5, U � 0 p () I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my and and official seal. Signature ' Place Notary Seal Above Signature of Notary Public 01 OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Contract — City of Newport Beach Document Date: August 13, 2009 Number of Pages: 6 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradley ❑ Individual X Corporate Officer — Title(s): Vice President ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: All American Asphalt Signer's Name: Mark Luer ❑ Individual X Corporate Officer — Title(s): Secretary ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ' Top of thumb hei ❑ Trustee ❑ Other: Signer is Representing: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT VIA LIDO VIA ANTIBES VIA OPORTO & VIA MALAGA STREET REHABILITATION CONTRACT NO. 4096 BOND NO. 089 50 452 - EXECUTED IN FOUR (4) PARTS FAITHFUL PERFORMANCE BOND The premium ch rgLeSs on this Bond is $ 2,4A6.00 being at the rate of $ thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to All American Asphalt, hereinafter designated as the 'Principal ", a contract for construction of VIA LIDO, VIA ANTIBES, VIA OPORTO & VIA MALAGA STREET REHABILITATION, Contract No. 4096 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. 4096 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract: NOW, THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach; in the sum of Five Hundred Seventy -Five Thousand, Five Hundred Seventy -Five and 00 1100 Dollars ($575,575.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and In the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 32 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action In law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (t) 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 3rd day of AUGUST . 2009. All American Asphalt (Principal) FIDEITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 NO. BRAND BLVD GLENDALE, CA, 91203 Address of Surety SURETY: 818- 409 -2800 AGENT: 714- 939 -1112 Telephone l� %ice OWEN M. BROWN. ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 33 ACKNOWLEDGMENT mob .......•... OY... ..11 ........... a. an............ 0............. State of Calijjgqrnia County not Kul Uri SS. On �� i3, 1� before me, Aftff L• Notary Public, personally ap eared a-d who proved to me on the basis of satisfactory evidence to be the personN* whose name($4 is /a�s- subscribed to the within instrument and acknowledged to me that he /sheft-,y executed the same in his /hesl}I3elr authorized capacity(if14p} and that by his /hqpltENe)r signatures4�-on the instrument the person* or the entity upon behalf of which the person*}aeted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. � 1 BRENDA L. ROY8TER Commission # 1700922 -w Notary Public • California Riverside County MV Comm. E0s 0Ct 26, 2010 (seal) ................................................ ............................... OPTIONAL INFORMAPON Date of Document rY.( 6. 3 �Q Thumbprint of Signer r Type or Title of Document- �GrVrF.c,rc Number of pages in Document Lf Document In a Foreign Language "d Type of Satisfactory Evidence: Personally Known with Paper Identification :j. reaper Identification Credible witnesses) rl Check here if Capacity of Signer: no thUMMInt .._...__ Trustee or fingerprint Power of Attorney s avauabie. CEO /CFO/ President / ice- Preslden Secretary I Treasurer Other: Other Information 35 ACKNOWLEDGMENT ..1....,..,..... 1111.. 11 ,../......... ..M ...................11....... Ones.......,.' „ State of California County of ss. On before me. Public, personally appeared Notary proved to me on the basis of satisfactory evidence to be the persons) ore natne(s) tsfare subscribed to the within instrument and acknowledged to me that het a /they executed the same in his/her /their authorized capacity(ies), and that by his /herlth r signatures(s) on the instrument the person(s), or the entity upon behalf of which the pars n(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. SEE ATTACHED SURETY ACKNOWLEDGMENT Signature (seat) ........ R .............................A......... ........................,.....1 Date of Document Type or Title of Occument Number of Pages in Document Document in a I- oreign Language Type of Satisfactory Evidence Personally Known with Paper Identification ___ Credible Witnes%es Capacity of Signer: Trustee Power of Am ^_ CEO I CFO I President 1 Other. Other INFORMATION r Identification I Secretary f Treasurer 34 Thumbprint of Signer C] Chsch here if no thumbprint or ringerprint is available. C�l .z 5 i3-:t,�T i�T�i,t _. county of ORAMIS On 8 -3 -09 _ befae M BARBARA J. 31011R. NOTARY MLIC awe p�q y OVER M. BROWN BARBARA J. BENDER Commission # 1801899 Notary Public • California z Orange County 9 MV Comm. Expires Jul 13, 2012 I certify under PENALTY OF PERJURY under the laws Of the State of Caubrrtia that the brep*Q parnraph is Due and correct/) Fk=ft ,Gwrio m - _ _. - ' uraMerr�Marryyrsse 7hoL0A&&*em*w OebW15n0a97w6erdbyMR AMWproM9 anthe abwngBrR anti 00W praWW kauddam ra MM111 d ADMINWAMN of M ram ib ARUN araomrr rem. Deport at Attedlied Doraanertt Title or Tod d Doc nnarrt PUM MAIRCM BOND NO. 089 50 452 bocurma 1)866: _ 8-3-02 Number of pM":. FOUR (4) SYgr WS) 01her Ttw NW,ed Above; ALL AM MICAN ASPHALT CapeoWask Dim by Signer(d) ❑ I ndf *kw a imtlokkof 0 cor2orale01er- 1Wets): 00urpora1e0ttloer— Tale($): ❑ ParAnar —O txrr8®d ❑ General 0 Parbw —0 LtrWted O Germul WAftrrjey in Fact FaFact n , a aMrart, rare ❑ Trustee rao a w.ab here 0 Guarder or Conservator O Guardian or Conservator 0 Other: 0 0lher: EI IT7f D QSTT Signer Is pleplaserow. .. COMPANY OF MYLAM oeamwwa. rrnure�rr,,. sasorueamre ...naeQaoa- a�rs.■m.cRSrarsa�•� rmesaov amwecw'arr+eet- eooere�ar CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT VIA LIDO VIA ANTIBES VIA OPORTO & VIA MALAGA STREET REHABILITATION CONTRACT NO. 4096 BOND NO, 089 50 452 - EXECUTED IN FOUR (4) PARTS 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 VIA LIDO, VIA ANTIBES, VIA OPORTO & VIA MALAGA STREET REHABILITATION, Contract No, 4096 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. 4096 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shalt 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 some to the extent hereinafter set forth NOW. THEREFORE, We the undersigned Principal. and, 1FLITY ANA DEPOSIT COMPANy OF MAI nANp duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of Five Hundred Seventy -Five Thousand, Five Hundred Seventy -Five and 001100 Dollars ($575,575.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves. our heirs, executors and administrators. successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind. or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 28 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any pnncipal 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 3rd day of AUGUST 2009, All American Asphalt (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 NO. BRAND BLVD GLENDALE CAS 91203 Address of Surety SURETY: 81.8- 409 -2800 AGENT: 714 - 935 -1112 Telephone OWEN M, BROWN, ATTORNEY -TN -FACT Name and Title NOTARY ACKNOWLEDGMENTS OF CCNIITRACT ®R AND SURETY MUST BE ATTACHED 29 ACKNOWLEDGMENT •Y. Yw YOYy. Y Yw 0 a YYw tlY0 •YYYYY.YYYY /.YYd.YYYY......... MY..... YYYYYYMY •YYY.YY••Y� State of Countyof�n California r",Ut�lLt!t�0,6' ss. On _ �ti.a" (3/ a( t _ before me, F� S Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(I} -whose name* isla�w- subscribed to the within instrument and acknowledged to me that held n execuled the some in hislh it authorized eapacity(!e", and that by his /ha it signatures(g) -en the instrument the person(tror the entity upon behalf of which the person(*- acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. i r _ Wall I3RENAA L. ROYSTER Commission # 1700922 i ,� Notary Public - Calltornla Riverside County E WComm.bpkw Ct26.2010 (eeai) e. u u .wrw•rwr •rww•rr.wr....a...•w..w..0 wY Y.•w•er Yw. •w a rew•YrYw a rr.e•wY n. u� Date of Document Type or Title of Document Number of Pagcs In Document Document in a Foreign Language OPTIONAL INFORMATION 3 �� Type of Satisfactory Evidence Personally Known with Paper Identification _Paper Identification Credible Witnesses) Capacity of Signer Trustee Power of Attorney CEO 1 CFO / r-DG — ,,�Fresident ceV- Preside�,7n Secretary l Treasurer nrhor ThLlmbprint of Signer checit hem if no thumbprint orAngarpdnt Is 8,sitable. 31 ACKNOWLEDGMENT •.. 11. a........... a. as .......0aa......a.s1..11afY.a.e a a a a all a a. a.. a. a a. a a . . . . a. a.l State of California County of On before me, Public, personally appeared proved to me on the basis of satiotactory evidence to be the person(s) whose na (s) islare subscribed to the within instrument and acknowledged to me that he/she /they ecuted the same in his /heritheir authorized oapacity(ies), and that by hislherltheir signs res(s) on the instrument the person(s), or the entity upon behalf of which the persons) a d, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Stat%f California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEE ATTACHED SURETY ACKNOWLEDGMENT Signature (seal) aa..........0........0. a s as a 0 a as 0 a 6.a0 a..aall.. as aeaaa aaa. a a.. a. a s O.a. f..... a s al OPTIONAL INFORMATION Date of Document Type or Title of 00CLlment Number of Pages in Document _ Document in a Foreign Language Type of Satisfactory Evidence..' Personally Known with Paper Paper Identification Credible Witnesses) Capacity of Slgner: Trustee Power of Attorney CEO I CFO I COO President / Vice -Pt Other Otherinformaaon / Secretary I Treasurer 30 Thumbprint of Signer p Ched< %ore If no Numbpdrtt or fingerprint is available. . 1 ^. ¢. MMMMRcr2_ side of CaRkHr" i County of ORANGE J} on 8-3 -09 bebote me, BARBARA J. BENDER NOTARY PUBLIC POMMORYSPPGWW OM X. ARM BARBARA J. BENDER Commission # 1801889 Notary Public - California Orange County am Comm. Expires Jul 13,201 2 3 �- 1� F i cortuy under PENALTY OF PERJURY under the Yaws of the State �o�f drat the foregoatg paragraph is true and oorr6aL PlagnMWVA9WAaws - -_-- - --- 'HBro OPTK)MAL 7lnegh dse tnenrremlan baAow not reed Ey tarp p m�rprare rmMre6ls b persars lob" tin de dsdrnarR and mutdweNSnt fraodderu trend redmtlrnar of ode tam m arroprardtar+narf. Description of Attached Document MW or Type of DoutmerN PAYbVNT BOND NO. 089 50 452 Document Dom. B-3-09 Nuadw of papas: FOUR ( 4 ) 1309 (s) Oltw Then Named Abow.- ALL AMICAN ASPHALT COPROKY(leal Ckhrred by SfpFWF(,S) 0 Cam: FIIIELITY AND DWIDSTT Is Posplumerift COMPANY OF HaTLAM u Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and or act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act a kings, and the execution of such bonds or undertakings in pursuan s on said Company, as fully and amply, to all intents and purposes, as if a xe e ged by the regularly elected officers of the Company at its office in B I& v r rseliS. This power of attorney revokes that issued on behalf of Owen M. BR ruary i The said Assistant rk Section 2, of the By- IN WITNESS affixed the Corporate December, A.D. 2004. ATTEST: F�o...AAAtvos�i r a O 4 t the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. 3SOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of State of Maryland City of Baltimore ss: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 9X, ✓, Eric D. Barnes Assistant Secretary 1 /4 ][� // By: William J. Mills Vice President On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. gnu, "nrr Lt'�I Ir• .N: Maria D. Adarnski Notary Public My Commission Expires: July 8, 2011 POA -F 012 -4160 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, 3rd AUGUST 2009 this day of X &; � At Assistant Secretary ss11eaalL "To rte'.- = ACORD- CERTIFICATE OF LIABILITY INSURANCE oW;Z" o"° 9 "" PRODUCER Edpewood Partners Ins. Center Lie NOB29370 (714) 987.1824 One City Blvd West 6700 Orantia, CA 02000-2947 THIS CERTIFICATE 83 ISSUED AS A MATTER OF INFORMATION. ONLY AND CONFER NO RIGHTS UPON THE CERTIFICATE HOLLER. THIS CERTIFICATE DOES NOT AMEND, P.XTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURER AFPOMM COVERAGE iIAIC M INSURED All American AsphaR P.O. Box 2249 Corona, CA 928782229 ireuREERA: Arch Speclatty Insurance Co. A rmitw a: Im Co. Of the State of PA ORKMALLM a+awERa Insurance Co OPPOO2205MI Carl Holder In rented addlOral IreumdIf required by nContmet Insurance DMwERD: FlarKord Fire tnautance Co. : 0 INSURER a gyp° MED DIP (AW IPenn ) THE POLICIES OF INSURANCEUSTED BELOW HAVE SEEN SUED TOTHE INSURED NAMES ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDWO ANY REWREMI NT, TERM OR WNDRION OF ANY CONTRACT OR OTHERDOCUMENT WDH RESPECT TO WKCH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAK THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECrMALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INIIHM LTR TYPBOFKKMMDE POLICY NUMBER 09(01!09 MWIMMAM 08101111 LIIRs A ORKMALLM Wff MM6EWIRBENERALLNBILITY CUUMS MADE ®OCWR OPPOO2205MI Carl Holder In rented addlOral IreumdIf required by nContmet EACH OCCURRENCE : 0 gyp° MED DIP (AW IPenn ) i B PERSONALaADVINAMY GENERALARSRE ATE $ GEILAGGREGTELEAITAPPLIESPER: POLICY X PRO' Lac PRODUCTR.CONWOPA°O rao! D AUf** x BBE UAMIM ANYAUTO ALLOWNEDAVIOS WKMW EDAUTOB HIREDAUT08 NON-0YAFDAUTOB 72UENGKS4S7 Con Hoider is named 8"Wenal Daured H mquf edby Is. ncontract 00/01109 amino COMBINED SINGLE UMR iFAaeNPPna BODILY 1URY X BODILY%hm eRWeaddmR) $ X (PRROPERTY�DPAWOE i :i11RADE IIAaRlIY ANY AUTO AIMONLY• ISAACCIDENT OTHERTUW EAACC AUTO ONLY: AM r s B ENCSSOM ReN kIJAanY -xi OCCUR ❑ CLANS MADE DEDUCTIBLE X RETENROM time 7517079 am= 09/01no EACH DOCURREMW S10.080.00111 AGGREGATE $10.000.000 1 1 II C WORI®MOOMPawAIMAND MorLOYEIe LLAaenY ANY PROPRIETORIPARINER✓FXEWDVE O1FyFyeeFaIIC,ERRAEMBER EXCLUDED? sPEi OTIER 001090243 -- 99/01/09 om"1110 x I MgZallTUm E.L. EACH ACCIDENT $1,000,000 EL DIREP$E -EA EMPLOYE 11009000 ELDIB •POLICY LAIR 108 DOECRIPITON OF OPERATIONS I LO M71M TVERICLBa I EOLUSH NB ADDED BY ERICRa91ENT I 11'+ECN111. PROVISIONS Contract No. 40901 RE: Via Lido, Via Antibes, via Oporto & Via MMW Street RehaDilNetiOn "2axpw rh,i m The City of Newport Beach Department of Public Works 8900 Newport 0outevard Newport Beech, CA 92050 OP THE AN°YE 13EWMBZD POUCGB BE CAMCIUMM BE ORBTNE 9XP M IGN HOLDER NAMEDTO THE 1 of 2 MA44253 ZOREi e MAL ..89_ DAYswaRTER IMPORTANT tf the aerillim[e bolder Is an ADDMON& INSURED, the pofioy(tsejmuat be andonred. AatatemeM an this certificate does not carder dghtsto the rortitwa®a holder In lieu of such rserrrem(s). If SUBROGATION IS WAIVED, auWac to the terms and conditioner of the policy, certain polities may require an andommeat. A staTem d art this aertiticats does not confer rights to the certitk ata holder in lieu d such endorsemvnt(s} DISCLAIMER The Certificate of Insurance an the reverse side of this form does not omsdh a a contract between the lasuing insurta(e). authar¢ed represantfte or producer. and the certificate holder, nor does it affirnmfiv* or negagvely amend. extend or eltar the coverage afforded by the policies IWAd thereon. ACORD 25S P010) 2 oft OLM4253 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF - INSURED RETENTION COVERAGE FORM SECTION 11 — 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 reaped to liability for `bodily Injury", JxWerty, 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 wont' that has been completed; or B. In connection with premises owned by or rented to you. As used In this endorsement, the words 0you" and "your' refer to the Named Insured. AN other terms and conditions of this Pdicy remain unchanged. Sclvduls Endorsement Number: Prged Contract No. 40861 RE, Ilia Lido, Me Antibes, Via Oporto & tea Mafage Street Rehmbti0allon This endorsement is dWdm an the mcephon date of this policy unless oferaft stated herein r;Tto Information below is required only when Ads endorsement Is Issued subsequent to the preparation of the policy.) Policy Number: OPPOM265801 Named Insured: All American AspW Endorsement Effective Dais: 811M r W CGL0006 00 05 07 Page 1 of 1 mar THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE — BROAD FORM, COL 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 wrttten contract to provide insurance that is primary and non - contributory, and the written contract so regWring 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. AN other terms and conditions of this Policy remain unchanged. Schedule City, its elected or appointed officers, agents, officials, employees, and volunteers Endorsement Number: Project Contract No. 40961 RE: Via Lido, Via Antibes, Via Oporto & Via Malaga Street Rehabilitation This endorsement is effective on the inception date of this policy unless otherwise staffed herein (The information below is required only when this endorsement is issued subsequent to the preparation of the policy.) Policy Number. GPPOO2265801 Named Insured: All American Asphalt Endorsement Effective Date: 8/1109 /aar •I 00 CGL0130 00 09 06 Pagel of 1 :m THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION ENDORSEMENT This endorsement moddles insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF - INSURED RETENTION COVERAGE FORM Schedule City, its elected or appointed officers, agents. officials, employees, and volunteers Project Contract No. 4096 / RE: Via Lido, Vie Antibes, Via Oporto & Via Malaga Street Rehabilitation Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDIT IONS, Condition S. Transfer Of Rights of Recovery Against Others to Us Is amended by the addition of the folowing provision: We waive any right of recovery we may have against the person or organimtion 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 data 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: GPP002255801 Named Insured: All American Asphalt Endorsement Effective Date: 06/01/09 OO OGL0121 00 09 06 Includes Copyright Material from Insurance Services Office, Inc. �L Page 1 of 1 frsf N Meaean AYph Mt Pdkr ff B "491 81999baRf9} THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ RCAREFULLY. ADDITIONAL INSURED AND RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies Insurance provided under the for lowing: BUSINESS AUTO COVERAGE FORM A. Any person or arganiration whom you are required by contract to name as additional insured is an "hsured" br LIABILITY COVERAGE but only to the extent bat person or organization qualifies as an 9nsursda under the WHO IS AN INSURED provision of Section II— LIABILITY COVERAGE. S. For any person or organization for whom you are required by owbaot to provide a waiver of subrogation, the Loss Condition — TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHER TO US is applicable. Sdmdule My. its elected or appointed officers, agents, oftldals, employees, and volunteers Projed CoMmot No. 40M 1 RE: VIs Lido, Via Antibes. Me Oporto & Via Mama Street Rehabiiita6on M Form HA 99 13 0187 Printed in U.S.A Page 1 of 1 f7sr WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 048; (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 poky. 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 r'_ % of the California workers' compensation premium otherwise due on such remuneration. Schedule Larson or Orgenhurtlon Job Descrtpdon City, Its elected or appointed officers, agents, oiTkial% Contract No. 4098 / RE: Via Lido, Via Antibes, Via employees, and volunteers Oporto 8 Via Malaga Street Rehabilitation 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 prarreum chugs for this enctsreemert shall be 2% of the premium developed In the State d California, but not less than $500 policy minimum premtum. This endarsamerd changes the policy to which it is attached and is effective on the date Rued unless otherwise stated. (Me hdbrmNion below to required only when this endorsement Is Issued slLsequent to preparation of the policy.) Endorsement Effective 811/09 Policy No. 881090248 Endorsement No. 12 Insured All American AephsK Policy Effective Date 8/1/09 Insurance Company Seabright Insurance Company Countersigned By .--- WC 04 OS 0$ (Ed. 4-84) 070801 by IM Woikws' Compenswion lnvr !pang sumou W CanpmiA An rlyhp nawwd. i79f Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 8/17/2009 Dept. /Contact Received From: Date Completed: 8/17/2009 Sent to: Company /Person required to have certificate: GENERAL LIABILITY Shauna Shauna Oyler By: Jennifer King All American Asphalt A. INSURANCE COMPANY: Arch Specialty Insurance Company 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 or greater): What is limit provided? $IMM /$2MM /$2MM E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Hartford Fire Insurance Comnan 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): What is limits provided? $1,000,000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Seabright Insurance Company I AM BEST RATING (A: VII or greater): A -: IX LIMITS: Statutory WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? WC: Carrier is AM Best rated A- ❑ Yes ® No DISCLAIMER: The information displayed here is current as of JUL 24, 2009 and is updated weekly. It is not a complete or certified record of the Corporation. Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender', the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http:llkepler.ss.ca. govlcorpd ata/ShowAl I List ?QueryCorpNumber = 00570879 &pri... 07/30/2009 Corporation ALL AMERICAN ASPHALT Number: C0570879 Date Filed: 5/26/9969 Status: active Jurisdiction: California Address PO BOX 2229 CORONA, CA 92878 Agent for Service of Process MARK LUER 400 E SIXTH ST CORONA, CA 92879 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender', the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http:llkepler.ss.ca. govlcorpd ata/ShowAl I List ?QueryCorpNumber = 00570879 &pri... 07/30/2009 Encompass Detail Acct. Type: Business Tax License* BT00007128 Bus. ID: 0002322 Name: ALL AMERICAN ASPHALT Names ALL AMERICAN ASPHALT Owner Phone: Owner C Type: Exp. Date: 413D12010 S Addy: 400 6TH ST E 5 Addy 2: Addr3: CORONA CA Zip: 92878 B Addr1: PO BOX 2229 B Addr2: B Addr3: CORONA, CA B Zip: 91718 -2229 Phone: 951 - 736 -76CO FEIN: 5043 SEIN: 0570879 Established: 512/1980 SIC: 1611 - HIGHWAY & STREET CONSTRUCTION Owner* 0002322 # of Emps: 1 usrl: 2428 usr2:OT00007128 usr3: usr4: usr5: usr6: Check a License or Home Improvement Salesperson (HIS) Registration - Contractors State License Board Page 1 of 2 A mt, TFF M OR 6 � WE; I FRI 7 §1 F I Wri Rftni r'- as Contractor's License Detail - License # 267073 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this Information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and /or legal action Information. Per B &P 7077..17, only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. '> Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: 267073 Extract Date: 07/30/2009 ALL AMERICAN ASPHALT Business Information: P O BOX 2229 CORONA, CA 92878 Business Phone Number: (951) 736 -7600 Entity: Corporation Issue Date: 01/19/1971 Expire Date: 01/3112010 License Status: This license is current and active. All information below should be reviewed. CLASS DESCRIPTION Classifications: A GENERAL. ENGINEERINGCQNT.RACTOR C12 EARTHWORK AND PAVING CONTRACTOR'S BOND This license filed Contractor's Bond number 08727441 in the amount of $12,500 with the https:// www2. cslb. ca. gov/ OnlineServices /CheckLicense /LicenseDetall.asp 07/30/2009 Check a License or Home Improvement Salesperson (HIS) Registration - Contractors State License Board Page 2 of 2 bonding company FIDELITY AND DEPOSIT COMPANY OF.MARYLAND. Effective Date: 01/01/2007 Contractor's Bonding History Bonding: BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) DANIEL DAYTON SISEMORE certified that he /she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 01/12/2000 BQI's Bonding History This license has workers compensation insurance with the SEABRIGHT INSURANCE COMPANY Policy Number: BB1080243 Workers' Compensation: Effective Date: 08/01/2008 Expire Date: 08/01/2009 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Conditions of Use I Privacy Policy Copyright © 2009 State of California https:// www2. cslb. ca. gov/ OnlineServices /CheckLicense /LicenseDetail.asp 07/30/2009 PR I OF 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL VIA LIDO, VIA ANTIBES, VIA OPORTO & VIA MALAGA STREET REHABILITATION CONTRACT NO. 4096 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 17f8 Newport Beach, California 92663-8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 4096 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum As Built Plans @ Five thousand Dollars and zero Cents $5,000.00 $ 5,000.00 Lump Sum 2. Lump Sum Mobilization @ Dollars and, oD $ Cents If Ifo6 Lump Sum 3. Lump Sum Traffic Control @ Dollars and Cents �3b. $ , •' Lump Sum PR2of7 4. Lump Sum Surveying Services @ Dollars and Cents y ����� $ fq,53,0— Lump Sum 5. 2,750 L.F. Remove and Construct P.C.C. Type A Curb and Gutter @ Dollars and Cents $ 32 $ Sf,a,� , Per Linear Foot 6. 450 L.F. Remove and Construct P.C.C. Type B Curb @ Dollars and Cents $ 3� _ $ 13,��� Per Linear Foot 7. 2,800 S.F. Remove and Construct 8" Thick P.C.C. Cross Gutter @ Dollars and Cents $ 3o,gbo.' Per Square Foot 8. 3,450 S.F. Remove and Construct 4" Thick P.C.C. Sidewalk @ Dollars and Cents $ Per Square Foot 9. 146,100 S.F. Cold Mill Variable Depth @ Dollars and Cents $ 0• IS oj 1115 Per Square Foot PR3of7 10. 28,850 S.F. Cold Mill 6" Depth @ Dollars and Cents Per Square Foot 11. 900 TON Construct AC Leveling Course @ Dollars and Cents $ 49,E Per Ton 12. 100 TON Construct AC Full Depth @ Dollars and Cents _ $ °D Per Ton 13. 1,850 TON 2" AC Rubber Hotmix (ARHM) Overlay @ Dollars and $ 110Cents _ Per Ton 14. 27 EA Replace Existing Water Valve Box Frame and Cover and Adjust to Grade @ Dollars and Cents Per Each 15. 11 EA. Adjust Manhole Frame and Cover to Grade @ Dollars and $ -- $ 2 Cents Per Each PR4of7 16. 6 EA Replace Existing Sewer Main Cleanout Frame and Cover and Adjust to Grade @ Dollars and Cents _ Per Each 17. 3 EA Remove and Install Electrical Pull Box @ Dollars and Cents $ $ Per Each 18. 4 EA Replace Water Meter Box and Cover and Adjust to Grade @ Dollars and Cents Per Each 19. 75 EA. Adjust and Clean 4" CIP Drain Holes Located on Lido Bridge @ Dollars and Cents Per Each 20. 1 EA. Remove and Install Water Vault Box and Cover @ Dollars and Cents Per Each 21. 2 EA. Adjust Survey Monument Frame and Cover to Grade @ Dollars and Cents Per Each 22. 90 L.F. 12" SDR -35 PVC Storm Drain Pipe @ Dollars and Cents Per Linear Foot 23. 2 EA. Construct Catch Basin (L=3.5') @ Dollars and Cents PR5of7 $ y& -bb - $ , �" , Per Each 24. 390 S.F. Remove AC Section @ Dollars and _ Cents $ �' Per Square Foot 25. 85 S.F. Remove and Construct Local Depression @ Dollars and Cents $ J� Per Square Foot 26. 1,500 S.F. Remove and Construct P.C.C. Access Ramp @ Dollars and Cents $ �a Per Square Foot 27, 1,2.00 S.F. Remove and Construct P.C.C. Driveway Approach @ Dollars Per Square Foot $ J, 1:10 -- and _ Cents $ 4.50 $ $bb ' PR6of7 28. 180 S.F. Remove and Construct P.C.C. Alley Approach @ Dollars and Cents Per Square Foot 29. 450 S.F. Remove and Construct P.C.C. Flat Work for Median @ Dollars and Cents Per Square Foot 30. 16 EA. Remove and Reinstall Curb Drain @ Dollars and Cents $ j 5 $ Per Each 31. 650 L.F. Prune Tree Root and Install Root Barrier @ Dollars and Cents $ 25• ' $ �,�50 Per Linear Foot 32. 900 S.F. Remove Cross Gutter @ Dollars and Cents $ �✓ •� $ �'Roo - Per Square Foot 33. Lump Sum. i-raffic Striping @ Dollars and Cents Lump Sum PR7of7 34. 8 EA. Traffic Signal Modifications @ Dollars and $= $ Z'" Cents Per Each 35. 1 EA. Remove Tree @ Dollars and Cents $72,00 Per Each 36. 450 S.F. Remove Trex-Board @ Dollars and $ 9 ''� $Per Cents Square Foot TOTAL PROJECT TOTAL PRICE IN WRITTEN WORDS 'NYfDollars Vrx t4'v� 1 �1r-� �k>^ '(� ��, )r — and Cents $� - Total Price (Figures) The award of the contact, if made, will be to the lowest responsible bidder as determined solely by the City using the total price bid for items. � g a Date tB�i I �3(���4oedder's TelepFax Numbers Bidder's License No(s). and Classification(s) rider's Authorized Signat ro afid Title Vl� �AIGS(D( -rte CIA- Iq S? V Bidder's Address See Section 500-1.1.2 For Required Bid Submittals PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS VIA LIDO. VIA ANTIBES. VIA OPORTO & VIA MALAGA STREET REHABILITATION CONTRACT NO. 4096 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -5 PLANS AND SPECIFICATIONS 1 2 -5.1 General 1 2 -5.3 Submittals 1 2 -6 WORK TO BE DONE 2 2-9 SURVEYING 2 2 -9.3 Survey Service 2 2 -9.6 Survey Monuments 2 SECTION 3 CHANGES IN WORK 3 3-3 EXTRA WORK 3 3 -3.2 Payment 3 33.2.3 Markup 3 SECTION 4 CONTROL OF MATERIALS 3 4 -1 MATERIALS AND WORKMANSHIP 3 4 -1.3 Inspection Requirements 3 4 -1.3.4 Inspection and Testing 3 SECTION 5 UTILITIES 4 5 -1 LOCATION 4 5 -2 PROTECTION 4 5 -7 ADJUSTMENTS TO GRADE 4 5 -8 SALVAGED MATERIALS 4 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 4 6 -7 TIME OF COMPLETION 5 6 -7.1 General 5 6 -7.2 Working Days 5 6 -7.4 Working Hours 5 6 -9 LIQUIDATED DAMAGES 5 6 -11 SEQUENCE OF CONSTRUCTION 6 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 6 7 -7 COOPERATION AND COLLATERAL WORK 6 7-8 PROJECT SITE MAINTENANCE 7 7 -8.4 Sanitation 7 7 -8.5 Temporary Light, Power and Water 7 7 -8.5.1 Steel Plates 7 7 -8.6 Water Pollution Control 7 7 -8.6.1 Best Management Practices and Monitoring Program 7 7 -10 PUBLIC CONVENIENCE AND SAFETY 8 7 -10.1 Traffic and Access 8 7 -10.2 Storage of Equipment and Materials in Public Streets 8 7 -10.3 Street Closures, Detours, Barricades 8 7 -10.4 Public Safety 9 7- 10.4.1 Safety Orders 9 7 -10.5 "No Parking" Signs 9 7 -10.7 Notice to Residents and Temp Parking Permits 10 7 -15 CONTRACTOR LICENSES 10 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 10 SECTION 9 MEASUREMENT AND PAYMENT 11 93 PAYMENT 11 9 -3.1 General 11 9 -3.2 Partial and Final Payment 15 15 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 17 17 17 17 17 18 18 18 18 PART 2 - -- CONSTRUCTION MATERIALS SECTION 200 ROCK MATERIALS 200 -1 ROCK PRODUCTS 200 -1.1 General SECTION 201 CONCRETE, MORTAR, AND RELATER MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel 201 -7 NON - MASONRY GROUT 201 -7.2 Quick Setting Grout SECTION 203 BITUMINOUS MATERIALS 203 -6 ASPHALT CONCRETE 203 -6.1 General SECTION 214 PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS 214 -5 REFLECTIVE PAVEMENT MARKERS 15 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 17 17 17 17 17 18 18 18 18 PART 3--- CONSTRUCTION METHODS SECTION 300 EARTHWORK 300.1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General 300 -1.3.2 Requirements 300 -1.5 Solid Waste Diversion SECTION 301 TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF BASE MATERIALS 301 -1 SUBGRADE PREPARATION 301 -1.6 Adjustment of Manhole Frame and Cover Sets to Grade 301 -1.7 Payment 15 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 17 17 17 17 17 18 18 18 18 �lei, 18 302 -5 ASPHALT CONCRETE PAVEMENT 18 302 -5.1 General 18 302 -5.2 Cold Milling Asphalt Concrete Pavement 19 302 -5.2.1 General 19 302 -5.2.2 Equipment 19 302 -5.4 Tack Coat 19 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 19 302 -6.6 Curing 19 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 20 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 20 303 -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 20 303 -5.9 Measurement and Payment 20 SECTION 306 UNDERGROUND CONDUIT CONSTRUCTION 21 306 -1 OPEN TRENCH OPERATIONS 21 306 -1.1 Trench Excavation 21 306 -1.1.1 General 21 306 -1.1.6 Bracing Excavations 22 306 -12 Installation of Pipe 22 306 -1.2.1 Bedding 22 306 -1.3 Backfill and Densification 23 306 -1.3.3 Water Densified Backfill 23 306 -1.3.4 Compaction Requirements 23 SECTION 307 STREET LIGHTING AND TRAFFIC SIGNALS 23 307-4 TRAFFIC SIGNAL CONSTRUCTION 23 307 -4.9.3 Inductive Loops 23 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 23 308 -1 GENERAL 23 SECTION 310 PAINTING 25 310 -5 PAINTING VARIOUS SURFACES 25 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb 26 400 -2.1 Markings 25 310 -5.6.7 Layout, Alignment and Spotting 25 310 -5.6.8 Application of Paint 25 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 26 312 -1 PLACEMENT 26 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE & UNTREATED BASE 26 400 -2 UNTREATED BASE MATERIALS 26 400 -2.1 General 26 400 -2.1.1 Requirements 26 SECTION 600 MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 26 600 -2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS — WET PROCESS 26 602 -21 Asphalt- Rubber 26 600 -2.1.1 General 26 600 -2.6 Asphalt- Rubber Hot Mix Gap- Graded 26 600 -2.6.3 Rolling 26 600 -2.7 Asphalt- Rubber and Aggregate Membrane (ARAM) Surfacing or Interlayer 27 f. \users \pbw\shared\conhacts\fy 09- 10Vido isle -via lido street rehab c 4096\specs index c4096.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS VIA LIDO, VIA ANTIBES, VIA OPORTO & VIA MALAGA STREET REHABILITATION CONTRACT NO. 4096 INTRODUCTION 10 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 -5961 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) "GREENBOOK" Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the "GREENBOOK' may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714- 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2- -SCOPE AND CONTROL OF THE WORK 2 -5 PLANS AND SPECIFICATIONS 2 -5.1 General. Add to this section: "The City shall supply no more than five (5) sets of Plans and Specifications for the Contractor's use. Additional copies are the responsibility of the Contractor. The Contractor may elect to reproduce its existing sets, or purchase additional sets directly through the City's reprographics company." 2-5.3 Submittals. Add to this section: "The Contractor shall submit the names and addresses of all suppliers of mineral construction materials, and the mine from which the materials were obtained, along with a copy of the Office of Mine Reclamation AB3098 List showing that the mining operation is listed, prior to delivering any mineral construction materials to the project site. This documentation regarding the AB3098 List shall be made a part of every submittal required on the project that includes mineral construction materials. Failure to identify the supplier and the mine may result in rejection of the submittal." SP2OF27 2 -6 WORK TO BE DONE. Add to this section: "The work necessary for the completion of this contract consists of (1) distributing construction notices to affected businesses and residents; (2) construction surveying; (3) removing raise pavement markers; (4) removing existing pavement; (5) removing existing sidewalk, curb, curb and gutter, cross gutter, driveway approaches, local depressions and curb access ramps; (6) grinding (cold mill), reconstructing and overlaying roadway; (7) constructing sidewalks, curb, curb and gutter, cross gutter, driveway approaches, local depressions, curb access ramps; (8) pruning trees and installing tree root barriers; (9) adjusting utility and survey facilities; (10) installing traffic striping, traffic detector loops, pavement marks, curb painting, and raised pavement marking; (11) coordinating with outside utility owners to have facilities raised to grade; (12) storm drain improvements and (13) other incidental items to be completed in work place required by the Plans and Specifications." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is Coast Surveying and can be contacted at (714) 918 -6266. At a minimum, two (2) sets of cut - sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48- hours in advance of any work. In addition, the filing of a Corner Record and /or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work." Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments, other than those designated for replacement on the plans, during construction operations. In the event that existing survey monuments, other than those designated for replacement on the plans, are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SP 3 OF 27 SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor." SECTION 4- -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SP4OF27 SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3rd paragraph: "The Contractor shall remove all USA utility markings within five (5) days of the work or phase of work completion.' 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment or relocation of their facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all manhole covers and frames from existing facilities that are replaced at the direction of the City. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and the schedules of work and traffic control plan have been approved by the Engineer. Super Trucks shall not be used for the project. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the preconstruction meeting. The construction schedule shall clearly show specific days. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of SP 5 OF 27 completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 60 consecutive working days after the date on the Notice to Proceed. All concrete work shall be completed and accepted within the first 30 consecutive working days after the date on the Notice to Proceed. No further work shall be permitted until all concrete work is completed and accepted. Time extension for 100 percent completion of work will not be granted due to delay on concrete work completion and acceptance. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1St (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31 st (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monday is a holiday. If January 1St July 41h November 11th, December 24th, December 25 or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are generally limited to 7:00 a.m. to 4:30 p.m. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6.9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the SP6OF27 Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the City and Contractor that $1,000.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly, preplanned, and continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 6 -11 SEQUENCE OF CONSTRUCTION This project will be constructed in the following phases: Phase 1: Via Antibes to Bridge. (Sheets 8, 9 & 10) Phase 2: Via Lido from Bridge to Newport Blvd., Via Oporto and Via Malaga (Sheets 5, 6,7,11 &12) A. All concrete work items shall be completed and accepted prior to start of the adjacent roadway improvement work. B. No construction activities on Via Lido from Newport Blvd. to Lido bridge and Via Oporto and Via Malaga will be allowed the week of September 21 — 25, 2009 due to the Lido Yacht Expo. C. No construction activities on Lido Isle will be allowed during the week of October 5-9,2009. D. Final (finish) course pavement shall be placed within five consecutive working days after cold milling operation. SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time it desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. will be allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach Utilities Department. City must approve any nighttime work in advance. SP 7 OF 27 The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718 - 3402." 7 -8 PROJECT SITE MAINTENANCE 7 -8.4 Sanitation. Add to this section: "Secondary containment shall be provided with portable toilets." 7 -8.5 Temporary Light, Power and Water. Add to this section: "if the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http://www.city.newport-beach.ca.us/pubworks/iinks.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. SP8O1`27 f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow the approved BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with 7 -10 and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in City property or the public right -of -way if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be SP9OF27 signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Two -way traffic access shall be maintained at all times, except on one -way streets. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." The following requirements pertain to Lido Isle Bridge: Pedestrian and vehicle access shall be maintained at all times. 2. Lane closures shall be restricted to the hours between 8:30 AM to 4:00 PM Monday through Thursday and 8:30 AM to 3:00 PM on Fridays. 3. Flagmen at each end of Lido Isle Bridge shall coordinate traffic operations using portable radios at all times during lane closures minimum of one lane shall be maintained at all times. 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by SP 10 OF 27 the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY' sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Businesses and Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to businesses and residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the Notice to the Contractor for distribution. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the businesses and residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. Any interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. Contractor shall install a changeable message sign for each travel direction on Via Lido at least one (1) week ahead of the start of work along that segment to use alternate routes during construction. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" Engineering Contractor's License. At the start of work and until completion of work, the Contractor and all Sub - Contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORD/ "AS BUILT" DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer of Record or City Inspector shall be documented on the "As- Built" drawings. SP 11 OF 27 The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 As Built Plans Item No. 2 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 3 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 4 Surveying Services: Work under this item shall include surveying including restoring all survey monuments and centerline ties disturbed, construction staking, and all other items as required to complete the work in place. The Contractor's Licensed Surveyor shall file the required Record of Survey or Comer Records with the County of Orange upon monument restoration. Item No. 5 Remove and Construct P.C.C. Type A Curb and Gutter: Work under this item shall include removing and disposing of the existing curb or curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, SP 12 OF 27 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. 6 Remove and Construct P.C.C. Type B Curb: Work under this item shall include removing and disposing of the existing curb or curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 7 Remove and Construct 8 -Inch Thick P.C.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): 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. Item No. 10 Cold Mill Asphalt Pavement (6" Depth): 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. Item No. 11 AC Leveling Course: Work under this item shall include all labor, tools, equipment, and material costs for pavement clearing, installing crack sealer, tack coating, a minimum 1" AC base leveling course placement, subgrade and leveling course compaction and all other work items as required to complete the work in place. Item No. 12 Construct AC Full Depth: This item shall include grading, subgrade and AC compacting, constructing a minimum full depth of 4" AC Base Course allowing for a 2" AC Finish Course, tack coating, and all other work items as required completing the work in place. If unauthorized removals expose wet subgrade conditions, the cost of all remedial work to bridge the pavement shall be borne by the Contractor. SP 13 OF 27 Item No. 13 2 -Inch Thick Rubberized Asphalt Rubber Overlay: Work under this item shall include placing, spreading and compaction of 2 -inch thick asphalt rubber overlay, installing crack sealer where necessary, tack coating and all other work items as required to complete the work in place. Item No. 14 Replace Existing Water Valve Box Frame and Cover and Adjust to Grade: Work under this item shall include replacing the box frame and cover per City of Newport Beach standards and adjusting as necessary during paving operations and all other work items as required to complete the work in place. Item No. 15 Adjust Manhole Frame and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operation, of all manhole frame and cover to grade and all other work items as required to complete the work in place. Item No. 16 Replace Existing Sewer Main Cleanout Frame and Cover and Adjust to Grade: Work under this item shall include replacing the frame and cover per City of Newport Beach standards and adjusting as necessary during paving operations and all other work items as required to complete the work in place. Item No. 17 Remove and Install Electrical Pull Box: Work under this item shall include replacing the pull box frame and cover and adjusting as necessary during paving operations. Pull box frame and cover shall be per City of Newport Beach standards and all other work items as required to complete the work in place. Item No. 18 Remove and Replace New Water Meter Box and Cover: Work under this item shall include replacing the box frame and cover and adjusting as necessary during paving operations. Water meter box frame and cover shall be per City of Newport Beach standards and all other work items as required to complete the work in place Item No. 19 Adjust and Clean 4" Drain Holes: Work under this item shall include all labor, tools, equipment, and material costs to clean, clear and reestablish existing bridge drain holes to the new finish surface and all other work items as required to complete the work in place. Item No. 20 Replace Existing Water Vault Box and Cover and Adjust to Grade: Work under this item shall include replacing the water vault frame and cover per City of Newport Beach standards and adjusting as necessary during paving operations and all other work items as required to complete the work in place. Item No. 21 Adjust Survey Monument Frame and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operations, survey monument frames and covers to grade and all other work items as required to complete the work in place. SP 14 OF 27 Item No. 22 12" Storm Drain Pipe: Work under this item shall include furnishing and installing all pipe material including, but not limited to, exposing utilities in advance of pipe excavation operations, trench excavation, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, including required horizontal and vertical fittings, connections to new facilities, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to complete the work in place. Item No. 23 P.C.C. Catch Basin: Work under this item shall include constructing P.C.C. Catch Basins per CNB Std -300 -1- including, 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 including coring, 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. 24 Remove AC: This item shall include sawcutting, removing and disposing of existing pavement and all other work items as required completing the work in place. If unauthorized removals expose wet subgrade conditions, the cost of all remedial work to bridge the pavement shall be borne by the Contractor. Item No. 25 Remove and Construct Local Depression: Work under this item shall include removing and disposing of existing improvements and constructing P.C.C. local depression and all other work items as required for performing the work complete and in place. Item No. 26 Remove and Construct P.C.C. Access Ramp: Work under this item shall include removing and disposing of the existing improvements and constructing P.C.C. access ramps and all other work items as required for performing the work complete and in place. Item No. 27 Remove and Construct P.C.C. Driveway Approach: Work under this item shall include removing and disposing of existing improvements and constructing P.C.C. driveway approach and all other work items as required for performing the work complete and in place. Item No. 28 Remove and Construct P.C.C. Alley Approach: Work under this item shall include removing and disposing of existing improvements and constructing P.C.C. alley approach and all other work items as required to complete the work in place. Item No. 29 Remove and Construct P.C.C. Flat Work for Median: Work under this item shall include removing existing improvements and constructing P.C.C. flat SP 15 OF 27 work between existing median curb and all other work items as required to complete the work in place. Item No. 30 Remove and Reinstall include removing and reinstalling existing required to complete the work in place. Curb Drain: Work under this item shall curb drains and all other work items as Item No. 31 Prune Tree Root and Install Root Barrier: Work under this item shall include root pruning and disposal per Section 308 -1, removal and disposal of excess soil, providing and installing root barriers per Section 308 -1, restoring existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 32 Remove P.C.C. Cross Gutter: Work under this item shall include removing existing improvements and all other work items as required to complete the work in place. Item No. 33 Traffic Striping: Work under this item shall include installing traffic striping, pavement markers, curb painting and markings and all other work items as required to complete the work in place. Item No. 34 Traffic Signal Modifications: Work under this item shall include providing and installing traffic signal loops, pull boxes, conduit, and wiring and all other work items as required to complete the work in place. Item No. 35 Remove Tree: Work under this item shall include removing and disposing of existing improvements include but not limited to cutting, removing, and disposing of the existing tree including the root ball to allow for new curb access ramp and all other work items as required to complete the work in place. Item No. 36 Remove Trex -Board from Parkway: Work under this item shall include removing and disposing of existing improvements within parkway to allow for future improvements and all other work items as required to complete the work in place. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 200 - -- ROCK MATERIALS SP 16 OF 27 construction materials such as asphalt concrete and Portland cement concrete, from a supplier that is included on the most current Office of Mine Reclamation AB3098 List. Failure to identify the supplier and the mine may result in rejection of the submittal, and any work completed using materials from an unlisted mine will be SUBJECT TO REJECTION." SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 201 -7 NON - MASONRY GROUT 201 -7.2 Quick Setting Grout. Add to this section: "The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout." SECTION 203 - -- BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE 203 -6.1 General. Delete the second paragraph in this section and replace with the following: "Asphalt Base Course shall be Type III -B -2 PG 64 -10 (III- B2 -AR- 4000). Asphalt Surface or Leveling Course shall be Type III -C -3 PG 64 -10 (III- C3 -AR- 4000). Asphalt- Rubber Hot Mix shall be ARHM -GG -C -112" PG 64 -16 and shall comply with the requirements of Section 302 -9. The grading of the combined aggregates for rubberized and conventional asphalt concrete shall conform to the requirements of 203 -11.3 and 400 -4, respectively. Asphalt binder shall comply with the Performance Grade specifications of 203 -1." SECTION 214 - -- PAVEMENT MARKERS 214 -4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS SP 17 OF 27 Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290. Raised pavement fire hydrant marker shall conform to the CNB STD - 902 -L." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Disposal of materials shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http: / /www. city. newport- beach.ca.us /GSV /Frachised Haulers.htm." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with 300 -1.3.2 except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove all debris or other deleterious material from the job site at the end of each workday. All trench widths shall be at least 3 -feet wide to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Approximate area of removal and replacement is 171,815 square feet." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "1-1/2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. SP 18 OF 27 The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. " SECTION 301 - -- TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF BASE MATERIALS 301 -1 SUBGRADE PREPARATION 301 -1.6 Adjustment of Manhole Frame and Cover Sets to Grade. Delete the first and second sentence of the first paragraph and add to this section: "The Contractor shall adjust to finish grade City -owned facility, such as, water meter boxes, water valve covers, pull boxes, sewer manholes, sewer cleanouts, storm drain manholes and survey monuments. The Contractor shall replace existing water valve covers, pull boxes and sewer cleanout with new frame and cover per City standards. If it has been determined by the Engineer that an existing frame and cover is in disrepair the Contractor shall remove and install a new frame and cover with type and size per City standards or at the direction of the Engineer and adjust as necessary Payment for frame and cover removal and new frame and cover installation shall be considered extra work and paid per 3 -3. 301 -1.7 Payment. Replace the third and fourth paragraphs of this section with: "Payment for adjusting to finish grade shall be considered to be included in the contract unit price for each City -owned facility adjusted and no other compensation will be allowed." SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used for leveling course shall be III -C3 -AR -4000. The A.C. for base course shall be III- 132 -AR- 4000. The A.C. for finish course shall be ARHM -GG -C -112" PG 64 -16. All cracks 1/4- 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 ?/2 inches of asphalt shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom. SP 19 OF 27 Prior to placement of asphalt concrete, a tack coat of SS1 H emulsified asphalt shall be applied to all contract surfaces. An asphalt leveling course shall be applied in accordance with the Plans and /or as directed by the Engineer. An automatic leveling device shall be used on the paver unless omitted by the Engineer. Longitudinal joints between successive paving runs shall coincide with the traffic lanes lines. Contractor will be provided with Striping Plans for those roads where the striping will change prior to the start of work. Local streets will not be striped except for special cases for which Striping Plans will be provided. All other roads will be striped to match the existing pattern." 302 -5.2 Cold Milling Asphalt Concrete Pavement 302 -5.2.1 General. Replace the last sentence in the first paragraph with: "The surface tolerance permitted as measured along a 10 foot straight edge shall be 318 inch laterally (except in crown areas) and 3/16 inch longitudinally. If in the judgment of the Engineer, the joint cut varies from a straight line or ravels excessively; the longitudinal joint may be required to be saw cut. The Contractor shall protect all existing facilities during the planning operation and repair or replace any damage facilities. These existing facilities shall include but not be limited to: A. Concrete curbs, gutters, driveways and sidewalks. B. Roadside signs. C. Trees and shrubs adjacent to the Work area. D. Utility lines, vaults, manholes, valves and signal detector loops." 302 -5.2.2 Equipment. Add to this section: `The planning machine shall plane without tearing or gouging the underlying surface, shall be adjustable as to crown and depth by tilting the drum axis, and shall be capable of cutting sharp straight longitudinal edge joints in the pavement." 302 -5.4 Tack Coat. Add to this section: `Prior to placing asphalt concrete, a tack coat of Type SS1H asphaltic emulsion at a rate not to exceed one —tenth (1110) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: `The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by SP 20 OF 27 the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement and over weekends. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color. P.C.C. shall be replaced per 300 - 1.3.2." 303 -5.5.2 Curb. Add to this section: `The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402." 303 -5.5.4 Gutter. Add to this section: 'The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." 303 -5.9 Measurement and Payment. Add to this section: "Payment for the construction or removal, respectively, of concrete curbs, gutters, curb ramps, cross gutters, v- gutters, local depressions, driveway approaches, alley approaches, and sidewalk shall be made as shown on the Plans. Such price shall constitute full compensation for all equipment, materials, labor, and incidentals necessary for the construction or removal of said item, and shall include, but not be limited to: any required saw cutting, removal and disposal of said items, the reconstruction of curb drains, the replacement of water meter boxes or pull boxes damaged during the removal of existing improvements and /or the construction of proposed improvements, and the adjustment of existing utilities and other improvements located within the area of work in order to match the proposed finished surfaces and grades as indicated in the Project Plans and /or Specifications. Additionally, all depressed curb and gutter, and SP 21 OF 27 concrete sidewalk located within the limits of the new curb ramp or driveway /alley approach shall be considered as part of said ramp or approach and shall be paid for at the contract unit price bid for each item, respectively." SECTION 306- -- UNDERGROUND CONDUIT CONSTRUCTION 306 -1 OPEN TRENCH OPERATIONS 306 -1.1 Trench Excavation 306 -1.1.1 General. Replace the last sentence in the third paragraph and add the following: "If groundwater is encountered, the Contractor shall dispose of it by any method acceptable to the Engineer. The trench shall be dewatered to a minimum depth of 12 inches below trench bottom. The cost of any dewatering shall be included in the unit cost to construct the 8 -inch storm drain & appurtenances and no additional compensation will be allowed therefore. Add the following: "Upon approval by the Engineer, when backfilling operation of an excavation in the travel way, whether transverse or longitudinal cannot be properly completed within a work day, steel plate bridging with a nonskid surface and shoring may be required to preserve unobstructed traffic flow. In such cases, the following shall apply: • Steel plate used for bridging must extend a minimum of twelve (12 ") inches beyond the edge of the trench. • Steel plate bridging shall be installed to operate with minimum noise. • The trench shall be adequate to support the bridging and the traffic load. Contractor shall be responsible for determining whether shoring is necessary. • Temporary paving with cold asphalt concrete shall be used to feather the edges of the plate. • Bridging shall be secured against displacement by adjustable cleats, shims, or other devices. Approaches plate and ending plate (if longitudinal placement) shall be attached to the roadway by a minimum of two (2) dowels pre - drilled into the corners of the plate and drilled two (2 ") inches into the pavement. Subsequent plates are butted to each other. Fine graded asphalt concrete shall be compacted to form ramps, maximum slope of 8.5% with a minimum of twelve (12 ") inches taper to cover all edges of the steel plates. When steel plates are removed, the dowel holes in the pavement shall be backfilled with either fines of asphalt concrete mix, concrete slurry or an equivalent slurry satisfactory to the Engineer. The Contractor shall be responsible for maintenance of the steel plates, shoring, and asphalt concrete ramps. SP 22 OF 27 Unless specified, use of steel plate bridging at any given location should not exceed four (4) consecutive working days in any given week. Trench plates need to be set flush with pavement and secured in place as noted above for any durations over four (4) days upon approval of the engineer. Backfilling of excavation shall be covered with a minimum of three (3 ") inches of temporary layer of cold asphalt concrete. The following table shows the required minimal thickness of steel plate bridging for a given trench width: Trench Width 1 -foot 1.5 -foot 2 -feet 3 -feet 4 -feet Minimum Plate Thickness '/2 -inch '4 -inch 7/8 -inch 1 -inch 1 '/4 -inch For spans greater than four (4') feet, a structural design for the steel plate bridging shall be prepared by a registered civil engineer and approved by the Engineer. Steel plate bridging shall be designed for HS20 -44 truck loading per Caltrans Bridge Design Specifications Manual. The Contractor shall maintain steel plates with a non -skid surface having a minimum coefficient of friction equivalent to 0.35 as determined by California Test Method 342. The Contractor may use standard steel plate with known coefficient of friction equal or exceeding 0.35. Payment for steel plate bridging shall be included in the unit cost of the 8: pvc storm drain pipe and no additional payment will be allowed therefore." 306 -1.1.6 Bracing Excavations Add the following: "Payment for trench shoring shall be considered to be included in the unit cost of the 8 -inch storm drain, which shall include full payment for furnishing shop drawings, all labor and materials, and performing all work as specified to brace excavations or provide an equivalent method for protection of workers per Section 6707 of the California Labor Code, and in accordance with these Plans and Special Provisions and no other measurement or additional compensation will be allowed therefore. The Contractor shall use shoring complying with the Cal -OSHA construction safety orders for constructing the work shown on the Plans." 306 -1.2 Installation of Pipe 306 -1.2.1 Bedding. Replace the second sentence of the second paragraph with the following: "Bedding for storm drain pipe shall conform to CNB Standard. Additional bedding ordered by the Engineer, over the amount indicated on the Plans due to unsuitable material, shall be paid for per Subsection 3 -3." SP 23 OF 27 306 -1.3 BACKFILL AND DENSIFICATION 306 -1.3.3 Water Densified Backfill. Delete Subsection in total and substitute with the following: "Water densified backfill will not be permitted." 306 -1.3.4 Compaction Requirements. Delete Subsection in total and substitute with the following: "Trench backfill shall be compacted to a relative compaction of 90% from the top of the bedding section to 12 inches below pavement subgrade, or finished grade where there is no pavement, and 95% from 12 inches below pavement subgrade to pavement subgrade." SECTION 307 --- STREET LIGHTING AND TRAFFIC SIGNALS 307 -4 TRAFFIC SIGNAL CONSTRUCTION 307 -4.9.3 Inductive Loops. Amend this Section to include: "Traffic signal loop detectors shall be replaced per Caltrans Standard Plans ES -5A and ES -513 and shall be Type A or Type E spaced ten feet apart, and shall extend one foot into the crosswalk. The new loop detectors shall be installed within the AC pavement final course. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days of AC pavement final course placement. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days of AC pavement final course placement. The traffic signal system, including loop detectors, shall be fully operational over weekends and holidays." SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned of removed unless this submittal is returned to the Contract as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway ((949) 644 -3083) at the site to discuss City standards and requirements. The submittal shall adhere to the following guidelines. 1. Root Pruning SP 24 OF 27 a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 4. Root Barrier Specification a. The root barrier product shall be polyethylene plastic with ultra violet inhibitors and 0.080" in thickness such as the CP- Series as manufactured by Century Products, Anaheim, CA, (714) 632 -7083. Use CP12 -2 along sidewalk and CP18 -2 along the back of curb. Install root barrier panels one -foot prior and one -foot past the length of each root pruning cut. Top 3" of native material shall be free from rocks or other materials that would interfere with landscape maintenance tasks. b. The product shall be installed per manufacture's specifications. c. The Contractor shall Remove and Replace or Protect in Place Existing Irrigation (including heads) and Electrical Lines." SP 25 OF 27 SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor SP 26 OF 27 to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement." PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials." PART 6 SECTION 600 - -- MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 600 -2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 600 -2.1 Asphalt- Rubber 600 -2.1.1 General. Add to this section: "Asphalt- rubber shall be type B." 600 -2.6 Asphalt- Rubber Hot Mix Gap- Graded 600 -2.6.3 Rolling. Add to this section: "Asphalt- Rubber Hot Mix Gap Graded material shall be compacted at or above 290 degrees Fahrenheit. Due to this requirement, the Contractor shall maintain three large self - propelled, vibrating steel wheel rollers, in working condition, on site to facilitate the initial breakdown rolling and intermediate rolling. The third roller will act as a stand -by in case of breakdown by one of the other rollers. Rubber tire rollers are not permitted. A minimum relative compaction of 95 percent is required. For each percentile less that the required 95 SP 27 OF 27 percent compaction the unit price for Item No. 6, Construct 2 -Inch Thick Asphalt Rubber Overlay, will be reduced by 10 percent. Any areas of roadway that does not have 90 percent relative compaction shall be removed, reinstalled and properly compacted at the Contract's sole expense." 600 -2.7 Asphalt- Rubber and Aggregate Membrane (ARAM) Surfacing or Interlayer. Add to this section: "Asphalt- rubber and aggregate membrane (ARAM) surfacing or interlayer shall be applied to the project." Agenda Item No. it August 11, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega, Senior Civil Engineer 949 - 644 -3347 or parciniega @newportbeachca.gov SUBJECT: VIA LIDO, VIA ANTIBES, VIA OPORTO & VIA MALAGA STREET REHABILITATION —AWARD OF CONTRACT NO. 4096 RECOMMENDATIONS: 1. Approve the project plans and specifications. 2. Award Contract No. 4096 to All American Asphalt for the Total Bid Price of $575,575.00 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $57,558.00 (10 %) to cover the cost of unforeseen work. DISCUSSION: At 9:30 a.m. on July 30, 2009 the City Clerk opened and read the following bids for this project: "Corrected Bid Amount :1 : 9 $575,575.00 $603,385.60 $696,909.00 $699,401.50 $751,933.00 $1,609,678.00 The low total bid amount is 25% percent below the Engineer's Estimate of $765,000. The significant difference in the Engineers Estimate and the low total bid is due to a very competitive bidding environment reflecting the depressed construction environment. The low bidder, All American Asphalt, possesses a California State Contractors License Classification "A" as required by the project specifications and has successfully completed many projects for the City. The work necessary for the completion of this contract consists of mobilization, traffic control, construction notifications, survey services, curb, gutter and sidewalk, roadway reconstruction, , traffic striping and signage, and all other items of work required to complete the work in place. BIDDER Low All American Asphalt 2 Ruiz Engineering Co. 3 RJ Noble Co. 4 Elite Bobcat Service, Inc. 5 Quality First Concrete 6 Pave West "Corrected Bid Amount :1 : 9 $575,575.00 $603,385.60 $696,909.00 $699,401.50 $751,933.00 $1,609,678.00 The low total bid amount is 25% percent below the Engineer's Estimate of $765,000. The significant difference in the Engineers Estimate and the low total bid is due to a very competitive bidding environment reflecting the depressed construction environment. The low bidder, All American Asphalt, possesses a California State Contractors License Classification "A" as required by the project specifications and has successfully completed many projects for the City. The work necessary for the completion of this contract consists of mobilization, traffic control, construction notifications, survey services, curb, gutter and sidewalk, roadway reconstruction, , traffic striping and signage, and all other items of work required to complete the work in place. Vis Lido, Via Antibes, Via Oporto &Via Malaga Street Rehaoilitation — Award of Contract No. 4096 August 11, 2009 Page: 2 �.Jfla LY tlEf Pursuan to a Contract Specifications, days to complete the construction work. the Contractor will have 60 consecutive working Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Notice of Exemption was filed with County of Orange in mid July 2009. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work two City prepared notices are distributed by the contractor to both residents and businesses. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. Geotechnical and Other Costs: In addition to the contract costs, approximately $11,475.00 in consulting geotechnical services are estimated for this project, which will be performed under the on -call professional services agreement. $1,000 is included for printing and other incidentals. Funding Availability: Upon approval of the budget amendment, sufficient funds are available in the following accounts for the project: Account Description Gas Tax Traffic Congestion Relief Proposed uses are as follows: Vendor All American Asphalt All American Asphalt Harrington Geotechnical Various Prepared by: atrick Arciniega Senior Civil Engineer Attachments: Project Location Map Account Number 7181- C2002021 7191- C2002021 Total: Purpose Construction Contract Construction Contingency Geotechnical Testing Printing and Incidentals Total Submitted by: Amount $110,000.00 $535,608.00 $645,608.00 Amount $575,575.00 $57,558.00 $11,475.00 $1,000.00 $ $645,608.00 G. Badum orks Director pw PW Q p P ST �y P A '6 HOAG�S °Y p�P<yW" apVEetnq¢, I& � P �Jv a � P� Z `�VST DR Lq P P'Y' W C� Q AG q SpN'CP AVON CLIFF DR ST S�p�2 �aP ST V. {� �`s7�' co WEST (PVT) 25 y�ci 7yd� J 044ST ,g i5 ' Qq PLACE , ¢� Q Ni��A�h S '044c dZ ALLEY ,e DRIVE s� —ST HIGHWAY WEST s 31ST m G �gf. dP� ga4P� y. CRESNIEW D g a 30TH C. 4/o VISTA 4` 29TH <sr Y$ P ��d��d�d ° Bqy 9A 28TcHH ST 2y. P Q'��� �S� p �° Syy�E' � (� 51 L,�SS`j.�c�` 9Z P ��, , , y Q� ����1 ��u� -ro� (Ak 4T •C V 29TH ST 1p t Q'�Y�p O•pI G 0 �' e ��p��J4 4( ryp� � 0 ST S 77 y~ SZ L N Y� yB�A,A _`� f w L � ,� G PL + o 46 c �@ 4 BAY A'T BLVD AVENUE o, Gj WEST �Sj o N � i ry° N BAY co � � a ® PROJECT LOCATIONS �1 wESr ® FUTURE PROJECT LOCATIONS - z y Est LIDO ISLE - VIA LIDO STREET REHABILITATION CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JJ�C-4096 -4096