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HomeMy WebLinkAboutC-6382 - Corona del Mar Entry ImprovementsJuly 12, 2017 All American Asphalt, Inc. Attn: Jerry LeBouef 400 E. Sixth Street Corona, CA 92879 Subject: Corona del Mar Entry Improvements — C-6382 Dear Mr. LeBouef: C;TY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1949-644-3039FAx newportbeachca.gov On July 12, 2016, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on July 13, 2016 Reference No. 2016000319418. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is 7647853. Enclosed is the Faithful Performance Bond. Sincere, PUG— 'Y• Leilani I. Brown, MMC City Clerk Enclosure Premium is for contract term and is subject to adjustment based on final contract price EXHIBIT B Executed in: 2 Counterparts CITY OF NEWPORT BEACH BOND NO. 7647853 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1.965.00 , being at the rate of $ 3.95 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to All American Asphalt, Inc. hereinafter designated as the "Principal," a contract for: (1) distributing construction notices to affected businesses and residents; (2) construction surveying; (3) removing existing pavement; (4) removing existing sidewalk, curb and gutter, cross gutter and curb access ramps; (5) grinding (cold mill), reconstructing and overlaying roadway; (6) constructing sidewalks, curb and gutter, cross gutter and access ramps; (7) constructing enhanced hardscaping and landscaping; (8) adjusting utility and survey facilities; (9) installing traffic striping, pavement marks, and raised pavement marking; (10) coordinating with outside utility owners to have facilities adjusted to grade; and (11) other incidental items to be completed in work place required by the Plans and Specifications, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract 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 Four Hundred Ninety Seven Thousand Four Hundred Ninety Seven Dollars and 001100 ($497,497.00) 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. All American Asphalt, Inc. Page B-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 City, only in the event 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 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 City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 26th day of January 2016 All American Asphalt Name of Contractor (Principal) uth rued Sig ature/Title MO.r In' uGr;r[S;G�f. - Fidelity and Deposit Company of Maryland 7Riao 0 00 JZ" %ci n h Name of Surety Authorized Agent Signature 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 Address of Surety (213)270-0600 Telephone APPROVED AS TO FORM: CITY ATTORNE '6 OFFICE Date:—�_ By: _ Aaron C. Harp Ufm a-IMI1(0 City Attorney Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt, Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, ."Please See Attached"* Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )SS. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) All American Asphalt, Inc. Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validity of that document. State of California County of Riverside On 02/02/2016 before me, Rebecca Angela Parra, Notary Public Date Here Insert nave an0 Title of the Office personally appeared Mark Luer Name(s) of Signa(s) who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in is heir authorized capacity(ies), and that by his/heiAheir 'r REBECCA ANGELA PA signature(s) on the instrument the person(s), or the entity upon behalf a <'�;. "•,a Commission # 2024944 z of which the person(&) acted, executed the instrument. z .•'4 --i Notary Public - California z = Riverside County ' I certify under PENALTY OF PERJURY under the laws of the State of My Comm- Expires May 17, 2017 California that the forgoing paragraph is true and correct. WITNESS my h nd d offici2se / Signature .t Pace Notary Seal Above gnatu 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 forth to another document. Description of Attached Document Title or Type of Document PerformanceBond No. 7647853 Document Date: 01/26/2016 Number of Pages: Three (3) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(les) Claimed by Signer(a) Signer's Name: Mark Luer Signer's Name: ❑ Individual ❑ Individual XCorporate Officer —Title(s): President ❑ Corporate Officer —Title(s): n Partner 0 o Limited o General ❑ Partner 0 ❑ Limited c General c Attorney in Fact ❑ Attorney in Fad ❑ Trustee Top d Numb here Top of Numb are ❑ Trustee ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: CAUFORNIA ALL-PURPOSE ACKNOWLEDOMON7 CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, State of Califomia ) County of Orange ) On 01/21/2016 before me, R. Paramo, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof SignerN who proved to me on the basis of satisfactory evidence to be the person(* whose name(* istme subscribed to the within instrument and acknowledged to me that Wshe/they executed the same in his/her/their authorized capacity, and that by his(her/thsir signature on the instrument the person(* or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph R. PARAMO WITI ESS my han� a d a�fioia seal. CaMW111W F 2095!90 y4 Nowy Now - CilAOrtge Orenpe Courcy > Signa Comm. res A 5 2017 J Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Performance Bond No. 7647853 Document Date: 01/26/2016 Number of Pages: Three 3 Signers) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual QAttorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s)-- El itle(s):❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Ca 1 • • • • • • •, :11 • 711 \�` '1: PRF7647853 Bond Number City of Newport Beam Obligee ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by Michael P. Bond, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Rebecca Haas -Bates its true and lawful agent and Attorney -m -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day of January , A.D. 2016 ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND �t Cyt y��,^y1� ,� O wt'9 trf0lj Secretary Vice President Gerald F. Haley Michael P. Bond State of Maryland County of Baltimore On this 26th day of January A.D. 2016 before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Michael P. Bond, Vice President and Gerald F. Haley, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. \,UB4(Ajj Y<pd .i , /1 V.A.. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President andthe attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney --- Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 26m day of January 2016 __Xe-WK�a Thomas O. McClellan, Vice President September 16, 2016 All American Asphalt, Inc. Attn: Jerry LeBouef 400 E. Sixth Street Corona, CA 92879 Subject: Corona del Mar Entry Improvements C-6382 Dear Mr. LeBouef: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAX newportbeachca.gov On January 26, 2016 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on July 13, 2016, Reference No. 2016000319418. The Surety for the bond is Fidelity and Deposit Company of Maryland and the bond number is 7647853. Enclosed is the Labor & Materials Payment Bond. Sincerely, Le' ani I. Brown, MMC City Clerk Enclosure Premium is included in the performance bond Executed in: 2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 7647853 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to All American Asphalt, Inc. hereinafter designated as the "Principal," a contract for: (1) distributing construction notices to affected businesses and residents; (2) construction surveying; (3) removing existing pavement; (4) removing existing sidewalk, curb and gutter, cross gutter and curb access ramps; (5) grinding (cold mill), reconstructing and overlaying roadway; (6) constructing sidewalks, curb and gutter, cross gutter and access ramps; (7) constructing enhanced hardscaping and landscaping; (8) adjusting utility and survey facilities; (9) installing traffic striping, pavement marks, and raised pavement marking; (10) coordinating with outside utility owners to have facilities adjusted to grade; and (11) other incidental items to be completed in work place required by the Plans and Specifications, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fall to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Fidelity and Deposit Company of Maryland duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Ninety Seven Thousand Four Hundred Ninety Seven Dollars and 001100 ($497,497.00) 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 specked in this Bond, and also, in case suit is brought to enforce All American Asphalt, Inc. Page A-1 the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a light 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 9500 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 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 named Principal and Surety, on the _ All American Asphalt Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 Address of Surety (213)270-0600 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE By: Aaron . Her City Attorney instrument has been duly executed by the above 26th day of January2Q 16 Authorized Si9natu emtle Mal K LV Cr1 l'KS��k Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) sS. ***Please See Attached*** On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) All American Asphalt, Inc. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1188 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validity of that document. State of California County of Riverside on 02/02/2016 before me, Rebecca Angela Parra, Notary Public Dale Here Insert name and Title of me Officer personally appeared Mark Luer Name(s) of Signsgs) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she" executed the same in REBECCA ANGELA Phis/hedtheir authorized cepacity(ies), and that by his/haFAheir ARKA ^� Commission # 202ARR signature(s) on the instrument the person(s), or the entity upon behalf z of which the person(s) acted, executed the instrument. Z , e Notary Public - California z _ '" Riverside County ' 1 certify under PENALTY OF PERJURY under the laws of the State of My Comm. Expires May 17, 2017 California that the forgoing paragraph is true and correct. WITNESS my It a official seall 24 Signature Place Wary Seal Above Slanature " at ryPublic OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this forth to another document. Description of Attached Document Title or Type of Document Payment Bond No. 7647853 Document Date: 01/26/2016 Number of Pages: Three (3) Signer(a) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer(s) Signers Name: Mark Luer Signers Name: o Individual o Individual X Corporate Officer — Title(s): President n Corporate Officer — Title(s): o Partner ❑ o Limited o General c Partner o o Limited o General o Attorney in Fact o Attorney in Fact o Trustee Top of awmb here Top M Uumb bare ❑ Trustee o Other: c Other: Signer is Representing: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia ) County of Orange ) On 01/21/2016 before me, R. Paramo, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Name(s),of Signer)`a) who proved to me on the basis of satisfactory evidence to be the persons) whose name(!} is/me subscribed to the within instrument and acknowledged to me that Wshe/they executed the same in histher/their authorized capacity(ies), and that by hWherMwk signature]4 on the instrument the person(* or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph w / R. PARAMO WITtiE\SS my'hand a d o icia I. `\\ Conv0shle #,2035890 Notary Public - California ature orinip county, Mv as res A 5 2017 + Signature of Notary Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Payment Bond No. 7647853 Document Date: 01/26/2016 Number of Pages: Three 3 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual Cd Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: /4�• i 4\•iG ✓:\°:1 .<✓:gid:\ ✓G'u.'e�[\ S 4\ue�_ �. .`�S��n \ \�.W �L. \. R\..\ .n, \� (777T." — '12014 • • • •www.NationalNotary.org :rr • "Y (1-800-876-6827) Item 05•1 PRF7647853 Bond Number City of Newport Beach Obligee ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (Herein collectively called the "Companies"), by Michael P. Bond, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Rebecca Hass -Bales I its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day of January , A.D. 2016 EV .Secretary Gerald F. Haley ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Vice President Michael P. Bond State of Maryland County of Baltimore On this 26th day of January A.D. 2016 before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Michael P. Bond, Vice President and Gerald F. Haley, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that helshe is the said ofticer of the Company aforesaid, and that the seats affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. oot Air Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President in Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke turf such appointment or authority at any timer" CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may he signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signal= of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attornev ... Any such Power or say certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution'of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth 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 time and affixed the corporate seals of the said Companies, this zarn day of January , 2016 Thomas O. McClellan, Vice President Document -1514537 -Page -1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder Illill11JI111111[j][llllllll[1111111111ll111111111111111111111111111 NO FEE *$ R 0 0 0 8 5 2 2 0 7 8$ 2016000319418 3:15 pm 07113116 276 401 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and All American Asphalt, Inc., Corona, as Contractor, entered into a Contract on January 26, 2016. Said Contract set forth certain improvements, as follows: Corona del Mar Entry Improvements C-6382 Work on said Contract was completed, and was found to be acceptable on July 12. 2016 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Fidelity and Deposit Company of Maryland. BY Public Wo s Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Exec M1 !ach, California. aboutblank 07/13/2016 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and All American Asphalt, Inc., Corona, as Contractor, entered into a Contract on January 26, 2016. Said Contract set forth certain improvements, as follows: Corona del Mar Entry Improvements C-6382 Work on said Contract was completed, and was found to be acceptable on July 12, 2016 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Fidelity and Deposit Company of Maryland. BY Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Exec M ach, California. CITY C,tckX CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 by 10:00 AM on the 14th day of January, 2016, at which time such bids shall be opened and read for CORONA DEL MAR ENTRY IMPROVEMENTS Contract No. 6382 $ 375,000.00 Engineer's Estimate Approved by W4 ark Vukojevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Drawings via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Plans may be purchased from Mouse Graphics at (949) 548-5571 located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Ciassification(s) required for this project: "A" or "C-8" For further information, call Alfred Castanon, Project Manager at (949) 644-3314 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/qovernment/open-transparent/online- se rvices/bid s-rfps-vendo r -req istration City of Newport Beach CORONA DEL MAR ENTRY IMPROVEMENTS Contract No. 6382 TABLE OF CONTENTS NOTICE INVITING BIDS....................................................................................Cover INSTRUCTIONS TO BIDDERS......................................................................................3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)...................................................................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NON -COLLUSION AFFIDAVIT......................................................... ......... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD.., ............ .................................... 15 ACKNOWLEDGEMENT OF ADDENDA.......................................................................17 INFORMATION REQUIRED OF BIDDER.....................................................................18 NOTICE TO SUCCESSFUL BIDDER...........................................................................21 CONTRACT...............................................................................................................22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL/ACKNOWLEDGEMENT....................................................................... PR -1 SPECIAL PROVISIONS............................................................................................ SP -1 2 City of Newport Beach CORONA DEL MAR ENTRY IMPROVEMENTS Contract No. 6382 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Hard Copy to be submitted directly to the City Clerk priorto bid opening) DESIGNATION OF SUBCONTRACTORS (Contractor shall also submit info via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractorshall also confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL (UNE ITEMS to be completed via PlanetBids) The City Clerk's Office will open and read the bice results from PlanetBids immediately following the Bid Opening Date. The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date. Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. 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. � c-tz Contractors License No. & lassification I033y, I01s:1 lnI �It� DIR Reference Number & Expiration Date 0 Author S gnatureMtla� l(?,1Eb\u Date Bid Bond No. 08597423 Bid Date: 01/14/2016. City of Newport Beach CORONA DEL MAR ENTRY IMPROVEMENTS Contract No. 6382 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 Percent of Total Amount Bid----- Dollars ($ 10% of Bid----- ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of CORONA DEL MAR ENTRY IMPROVEMENTS, Contract No. 6382 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 5th day of January , 2016. All American Asphalt Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 Address of Surety (213)270-0600 Telephone Airth ed Signature(Title �wOrc�S.Ca�sa,;�ll�. t�.�s�en,� Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 5 "Please See Attached" ACKNOWLEDGMENT rr.rrrrrr.rrrrrrrrr..rrrrr.......r...rrrrr.r.r.r..... State of Califomia County of }ss. On before me, Public, personally appeared Notary proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) r.......r.rrr..err.��rr.rrrrrrr....r...r............. 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) Thumbprint of Signer ❑ Check here If Capacity of Signer: no thumbprint Trustee or fingerprint Power of Attorney is available. _ CEO/CFO/COO _ President / Vice -President / Secretary 1 Treasurer Other: Other Information: ACKNOWLEDGMENT M ...... ................................... w...ww...r.. State of California County of ss. On before me, Public, personally appeared Notary proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ........................... .....r.................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer. Trustee Power of Attorney CEO / CFO / COO President / Vice -President / Secretary / Treasurer Other: Other 7 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint Is available. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validitv of that document. State of California County of Riverside On 01/08/2016 before me, Rebecca Angela Parra, Notary Public Data Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(s) of Signer(s) .` E9[Lip �1NLEU PAPHP y ryammisilank}Oif9Jf j�M omm��E Oe County l]�t01] ,.c" RE9FCCA ANGELA pAFRA h who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in his/her//iheir authorized capacity(ies), and that by his/her heir signature(s) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS m 7 a official seal.n Signature Place Notary Seal Above 7 Signature obfiotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond Document Date: 01/05/2016 Number of Pages: Three (3) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(les) Claimed by Signer(G) Signer's Name: Edward J. Carlson Signer's Name: it Individual o Individual X Corporate Officer—Title(s): Vice President o Partner 11 o Limited o General o Attorney in Fact ❑ Trustee Top of thumb here to Other: Signer is Representing: it Corporate Officer—Title(s): o Partner 11 o Limited o General o Attorney in Fact 7afthumb to Trustee o Other: Signer is Representing: ' �?P Commission # 2024944 htNotary z PublicCalifornia z My Riverside County � Comm. Expires May 17, 207 7 who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in his/her//iheir authorized capacity(ies), and that by his/her heir signature(s) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS m 7 a official seal.n Signature Place Notary Seal Above 7 Signature obfiotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond Document Date: 01/05/2016 Number of Pages: Three (3) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(les) Claimed by Signer(G) Signer's Name: Edward J. Carlson Signer's Name: it Individual o Individual X Corporate Officer—Title(s): Vice President o Partner 11 o Limited o General o Attorney in Fact ❑ Trustee Top of thumb here to Other: Signer is Representing: it Corporate Officer—Title(s): o Partner 11 o Limited o General o Attorney in Fact 7afthumb to Trustee o Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 01 /05/2016 before me, R. Paramo, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof Signer(* who proved to me on the basis of satisfactory evidence to be the person(* whose name(!} is/am subscribed to the within instrument and acknowledged to me that he/she/theft executed the same in hislher/thair authorized capacity(t*, and that by hic{her/their signature�*on the instrument the person(*, or the entity upon behalf of which the person(s). acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State Califomia that the foregoing paragraph yrY ! VVI t Nb55 my hantl antl officiahse R. ion # 20 \\S /1 lgintatu Commission M 2035890 z -i' Notary Public -California s Z Orange County My Comm. Expires Aug5, tot? Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 01/05/2016 Number of Pages: Three 3 Signer(s) Other Than Named Above: All American Asphalt Capacfty(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual IRAttomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: '.v(\x"44 G\ _ a dGv< t�ur� ✓A✓.h?'h.� G' ..(L, ✓ -. vG�u' ,n5'v4-e/4 '✓1 -!q� N✓G�. Lei EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time. CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the. Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMIQNY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this S—til day of , 20 Ib . ' ixt i0i BBAL R A10 /?j Michael Bond, Vice President City of Newport Beach CORONA DEL MAR ENTRY IMPROVEMENTS Contract No. 6382 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Address: 1pY-\ Crag jC Cn�2�6loSS Phone: l Stogy% State License Number: Ley\\ DIR Reference: \C[s�oo\s33 Email Address: NameTrce�.:hh ti..?rrpa:xs Address: \Ss\ t0. tA\k&, CPgLZbkP ..ce Phone: State License Number: 0.o1-lo5 DIR Reference: tmoon\gag Email Address: e t ' Name: Koko Ve,\s ape 3q,Vo Address: \g\82'P„�isW.c. �� Phone: -\\Y -.w.$ Vv\s 'So -1t \-S.05Q10 State License Number: gom\2z DIR Reference:,,ctD o Skp Email Address Bidder Authorized SrignaturerriNe two -\ S. 8 City of Newport Beach CORONA DEL MAR ENTRY IMPROVEMENTS Contract No. 6382 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name:Sop�,r t.rb,K,�s 10 Address: 53 2 �- . Ss � �p Phone: 1\V-°iP.S -q\oo gs°7n State License Number: DIR Reference:\oo�,00\y'tW Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address Bidder Aufborized Si nature/Titte c i'f54 8 City of Newport Beach CORONA DEL MAR ENTRY IMPROVEMENTS Contract No. 6382 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name V\kk FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No.1 ` Project Name/Number Project Description Approximate Construction Dates: From To: n zoos Agency Name �11u�11 e�\fie o Contact Person 1 K, Telephone (j6os) �Sy-2O\B 1 Original Contract Amount $1;�anu Final Contract Amount $ 2,yo\4CV112 If final amount is different from original, please explain (change orders, extra work, etc.) NIw Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No.2 _ Project Name/Number. mre (weave Project Description Approximate Construction Dates: From To: 1012o\S Agency Name Contact Person .fir Telephone N,3) y\2—y1S"7- Original Contract Amount $ zLL) OmFinal Contract Amount $ 2 � If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/NUmbE Project Description Approximate Construction Dates: From yla�y To: zo\s Agency Name 01.11 tl� ,\ i Contact Person �-4eeleA ) . Telephone (3o)V-M-sb Original Contract Amount $12,sTFinal Contract Amount $ t2,5 tq o00 If final amount is different from original, please explain (change orders, extra work, etc.) ria 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. 10 No. 4 Project Name/Number Project Description Approximate Construction Dates: From 3�zo 3 To: Agency Name \",\', k' Contact Person &ly Telephone hM 1 41-aaab Original Contract Amount Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Num Project Description Approximate Construction Dates: From -7 1 -2 -MIA To: Agency Name Contact Person k K uk Telephone Outas- Original Contract Amount $Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) 4 Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name/Number Project Description Approximate Construction Dates: From -_1 1-1-111a, To: � Agency Name Contact Person Nellb Telephone (3�o) 1:6L— ?_S -S--1 Original Contract Amount 10 Final Contract Amount $_.2 OMD,= If final amount is different from original, please explain (change orders, extra work, etc.) N a Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidder Aut orizeedd 1; nature/Titt� 12 "2015" PAST WORK REFERENCES City of Hawthorne 4455 W. 162°d Street Hawthorne, CA 90250 Contact: Heecheol Kwon, (310) 349-2980 City of Inglewood One Manchester Blvd, 31 Floor Inglewood, CA 90301 Contact: Hunter Nguyen, (310) 412-4252 County of Ventura 800 S. Victoria Ave Ventura, CA 93009 Contact: 7eewoong Kim, (805) 654-3987 City of Montclair 5111 Benito Street Montclair, CA 91763 Contact: Steve Stanton, (909) 625-9444 Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor Riverside, CA 92501 Contact: Bill Seitz, (949) 300-9132 City of Riverside 3900 Main Street Riverside, CA 92501 Contact: Steve Howard, (951) 826-5708 Long Beach Unwed School District 2201 E. Market Street Long Beach, CA 92805 Contact: Nancy Chinchilla, (562) 997-7513 Hawthrone Blvd Reconstruction Contract Amount: $12,579,000.00 Start: 4/2014 Completed 5/2015 Florence Ave Contract Amount: $2,639,000.00 Start: 4/2015 Coriipleted: 10/2015 Pavement Resurfacing, Phase 11 Contract Amount: $2,401,970.00 Start: 4/2015 Completed. 10/2015 Northeast Montclair Street Rehabilitation Contract Amount: $514,150.00 Start: 4/2015 Completed: 7/2015 Route 74 Widening Contract: $1,970,004.00 Start: 4/2014 Completed: 7/2015 2014/15 Arterial Streets Contract Amount: $1,683,076.00 Start: 4/2015 Completed: 9/2015 Garfield Elementary School Pavement Contract Amount: $1,976,508.00 Start: 6/2015 Completed: 11/2015 "2014" PAST WORK REFERENCES City of Fullerton Yorba Linda Blvd Reconstruction 303 W. Commonwealth Ave Contract Amount: $1,346,000.00 Fullerton, CA 92832 Start: 7/2014 Contract: Kevin Kwak, (714) 738-6865 Completed: 11/2014 Port of Long Beach 4801 Airport Plaza Drive Long Beach, CA 90815 Contact: Lincoln Lo, (562) 283-7000 City of Beverly Hills 455 N. Rexford Drive Beverly Hills, CA 90210 Contact: Mark Cueno, (310) 285-2557 City of Jumpa Valley 12363 Limonite Ave Riverside, CA 92507 Contact: Michael Myers, (951) 332-6464 City of Santa Ana 20 Civic Center Santa Ana, CA 92701 Contact: Kurt Weimann, (714) 647-5 63 9 2013 Roadway Maintenance and Slurry Contract Amount: $992,000.00 Start: 6/2014 Completed: 10/2014 2012-2013 Street Resurfacing Contract Amount: $2,970,000 Start: 7/2013 Completed: 5/2014 2012-13 Pavement Rehabilitation Contract Amount: $970,000 Start: 5/2013 Completed: 12/2013 Bristol Street Rehabilitation Contract Amount: $6,951,475 Start: 3/2013 Completed: 12/2014 Richard'E. Selph n Work History: 1983 to Present; Superintendent for All Ajnerican Asphalt, Corona CA. Currently manage all projects in Orange County CA. Responsible for organizing personnel, equipment, material, and subcontractors on these projects. Responsible for project acceptance. Handled customer inquires and complaints. Education: 1970 to 1974; High School Diploma from Edgewood High School, West Covina CA. 1974 to 1975; Attended Mt San Antonio College. Additional Information: Attended various educational classes relating to the construction industry. Work closely with all employees to ensure the most productive safe work environment possible. City of Newport Beach CORONA DEL MAR ENTRY IMPROVEMENTS State of California ) ) ss. County Of11-nL ,fie ) Contract No. 6382 NON -COLLUSION AFFIDAVIT being first duly sworn, deposes and says that he er-she,is -tkce '6esv- k of A��'F�Crer;cc�n q �no�k , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that t foregoing is true and correct. Bidder Au+thoriZed ,'g nature� tAWacra S' SCIn' y'u< 1 Subscribed and sworn to (or affirmed) before me on this day of 2016 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL) )' —3cc c�6cheA Cn�i�m\a Jvra �E Notary Public 13 My Commission Expires: CALIFORNIA JURAT GOV CODE § 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside Subscribed and sworn to (or affirmed) before me on this 8th day of January, 2016 Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (and (2` Name of 6 9 er Signature �lG�ectr A7 Race Notary Seal Above Signature ooNotary 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: None Number of Pages: 1 Signer(s) Other Than Named Above: ;- REBECCA ANGELA PARRA _� x ,?t --fit Commission # 2024944 Notary Public - California ? ea My Riverside County > Comm. Expires May 17, 2017 J Subscribed and sworn to (or affirmed) before me on this 8th day of January, 2016 Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (and (2` Name of 6 9 er Signature �lG�ectr A7 Race Notary Seal Above Signature ooNotary 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: None Number of Pages: 1 Signer(s) Other Than Named Above: City of Newport Beach CORONA DEL MAR ENTRY IMPROVEMENTS Contract No. 6382 DESIGNATION OF SURETIES Bidder's name—j\A\ 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): 1'•i1� --�k-�—fNoo �. CPA (2\ -MQ-veno 14 City of Newport Beach CORONA DEL MAR ENTRY IMPROVEMENTS Contract No. 6382 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL 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 2015 2014 2013 2012 2011 Total 2016 No. of contracts 2 z gv e ss Sal q25 V2 Total dollar Amount of Contracts (in o? as w 16, yam, Thousands of $) v No. of fatalities 4,4- -2— No. of lost No. Workday Cases t t No. of lost workday cases involving permanent transfer to another job or termination of emplo ment S t 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 ALL AMERICAN ASPHALT INFORMATION On July 22, 2012, All American Asphalt employees were replacing concrete panels on the 405 freeway in Torrance. Around 3:35am two drunk drivers entered our work zone and fatality wounded two of our employees. We were informed both drivers tested positive for alcohol beyond the legal limit. The CHP advised on television that our work zone was well lit and that our traffic control was set in place according to plan. Cal OSHA is investigating and has up to six months to complete their investigation. Please let me know if you have any questions. You may call me at 909-815- 8404 or e-mail me at broeaselCa)msn.com if you have any questions. Sincerely, Bryan Pease Consultant Legal Business Name of Bidder A\,\ Business Address: 'AM Business Tel. No.: h�s�1� ad lv o0 State Contractor's License No. and Classification: 2 tri3 a _ z Title _y e tes�ek 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 Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 IN A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracy. or validity of that document. State of California County of Riverside On 01/08/2016 before me, Rebecca Aneela Parra, Notary Public Data Here head name and Title of the Off,. personally appeared Edward J. Carlson and Michael Farkas Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in hi64*Mheir authorized capacity(ies), and that by IRWheWlheir REBECCA ANGELA PARRA Signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. x I COmml$slon fi 262-0944 i a Notary Public - California z Riverside County > I certify under PENALTY OF PERJURY under the laws of the State of My Comm. Expires May 17, 2017 J California that the forgoing paragraph is true and correct. WITNESS =e� cialZZ Signature'XZ Place Notary Seal Above Signature of rry Public � OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Proposal Document Date: 01/08/2016 Number of Pages: One (1) Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(e) Signer's Name: Edward J. Carlson ❑ Individual X Corporate Officer — Title(s): Vice President o Partner ❑ o Limited c General ❑ Attorney in Fact ❑ Trustee o Other: Top of thumb here Signer's Name: Michael Farkas o Individual X Corporate Officer—Title($): Secretary o Partner ❑ o Limited o General iiw�iii ❑ Attorney in Fact rop of thumb here ❑ Trustee ❑ Other: Signer is Representing: Signer is Representing: City of Newport Beach CORONA DEL MAR ENTRY IMPROVEMENTS Contract No. 6382 ACKNOWLEDGEMENT OF ADDENDA Bidder's name The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 17 City of Newport Beach CORONA DEL MAR ENTRY IMPROVEMENTS Contract No. 6382 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: 4\ eY;u1raL� Business Address: 1 -km V-- .Sx-Av. 9�. tCao\m Telephone and Fax Number. California State Contractor's License No. and Class: `2-161o1?3 w�c cL (REQUIRED AT TIME OF AWARD) Original Date Issued: \ 10\ 't Expiration Date: \ 131120\k List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Corporation organized under the laws of the State of W, The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; i} Have you ever had a contract terminated by the owner/agency? If so, explain. �/ Have you ever failed to complete a project? If so, explain. N1 For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes 19 Are any claims or actions unresolved or outstanding? Yes "L"J If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. :w ...0 :..- Mark Lyv' (Print name of Owner or President of Corporation/Company) AuthorizedSignature/Title ��_►vyt,rr,� �•itAr'SDH V�u�S;/A..�� Title Date On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shetthey executed the same in his/her/their authorized capacity(ies), and that by his/herttheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. k��eL\cvkP� n�1aAr�erwk (SEAL) Notary Public in and for said State My Commission Expires: 20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accumcv. or validity of that document. State of California County of Riverside on 01/08/2016 before me, Rebecca Angela Parra, Notary Public Cale Here Insert name and Title of the Officer personally appeared Edward J. Carlson Names) of Signers) I who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shetthey executed the same in i,+{ his/herftheiF authorized capacity(ies), and that by his/herRheir REBECCA ANGELA PARKA [ signature(s) on the instrument the person(s), or the entity upon behalf a �tQP Commission # 2024944 z of which the person(s) acted, executed the instrument. z(, E �y Notary Public - California z Z ,' ' Y Riverside County D I certify under PENALTY OF PERJURY under the laws of the State of My Comm. ExpireSM ay 17, 2017 it California that the forgoing paragraph is true and correct. WITNESS my ha9d d fficial seal Signature Signature Place Notary Seal Above Sigiwlure of ary 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 Information Required of Bidder Document Date: 01/08/2016 Number of Pages: Three (3) Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signers Name: Edward J. Carlson ❑ Individual X Corporate Officer—Title(s): Vice President ❑ Partner ❑ o Limited o General ❑ Attorney in Fact o Trustee ❑ Other: Signer's Name: ❑ Individual o Corporate Officer — Title(s): _ ❑ Partner O o Limited o General ❑ Attorney in Fact Top of thumb here ❑ Trustee u Other Signer is Representing: I I Signer is Representing: Top of Numb here City of Newport Beach CORONA DEL MAR ENTRY IMPROVEMENTS Contract No. 6382 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 Page 1 CORONA DEL MAR ENTRY IMPROVEMENTS (C-6382), bidding on January 14, 2016 10:00 AM (Pacific) $42,000.00 Bid Results 1 Bidder Details $8,500.00 Vendor Name All American Asphalt 5500 Address PO Box 2229 $30,250.00 Corona, CA 92878 United States Respondee Jerry LeBouef Respondee Title Project Manager/Eslimater Phone 951-736-7600 Ext. 204 Email publicworks@allamericanasphalt.com Vendor Type CADIR License # CA DIR Bid Detail Bid Format Electronic Submitted January 14, 2016 9:47:27 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation# 70959 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Proposal Corona Del Mar Enry Impr Proposal_1196.pdf Bid Submittal Bid Bond Corona Del Mar Bid Bond_1188.pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment CIVIL WORK 1 MOBILIZATION AND DEMOBILIZATION Lump Sum 1 $25,49600 $25,496.00 2 TRAFFIC CONTROL 3 SURVEYING SERVICES 4 REMOVE +/-5"AC/+/-1T'AB Lump Sum 1 $42,000.00 $42,000.00 Lump Sum 1 $8,500.00 $8,500.00 S.F. 5500 $5.50 $30,250.00 PlaaietBids, Inc. City of Newport Beach Page 2 CORONA DEL MAR ENTRY IMPROVEMENTS (C-6382), bidding on January 14, 2016 10:00 AM (Pacific) Bid Results Type Item Code UOM City Unit Price Line Total Comment 5 REMOVE +/- 4 -INCH THICK P.C.C. SIDEWALK INCLUDING ACCESS RAMP S.F. 6100 $2.00 $12,200.00 6 REMOVE P.C.C. CURB AND/OR CURB AND GUTTER INCLUDING DEPRESSED CURB L.F 550 $41.00 $22,550.00 7 REMOVE +/- 8 -INCH THICK P.C.C. CROSS GUTTER S.F. 400 $5.91 $2,364.00 8 REMOVE TREE INCLUDING ROOT BALL Each 3 $1,890.00 $5,670.00 9 REMOVESHRUS Lump Sum 1 $525.00 $525.00 10 REMOVE SIGN AND POST Each 2 $75.00 $150.00 11 REMOVE STREET FURNITURE (AND RE -INSTALL PER LANDSCAPE ARCHITECT'S PLAN) Lump Sum 1 $1,300.00 $1,300.00 12 COLD MILL ASPHALT PAVEMENT S.F. 3000 $2.59 $7,770.00 13 CONSTRUCT VARIABLE DEPTH (2 -INCH THICK MINIMUM) A.C(C2 PG 64-10) FINISH COURSE OVERLAY Ton 34 $130.00 $4,420.00 14 CONSTRUCT 5 -INCH THICK MINIMUM A.C. FULL DEPTH Ton 5 $130.00 $650.00 15 CONSTRUCT 5 -INCH THICK A.C. PAVEMENT SECTION Ton 90 $130.00 $11,700.00 16 CONSTRUCT 12 -INCH THICK CRUSHED MISCELLANEOUS BASE C.Y. 115 $80.00 $9,200.00 17 CONSTRUCT P.C.C. TYPE A CURB AND GUTTER (W=24") L.F. 500 $37.00 $18,500.00 18 CONSTRUCT P.C.C. TYPE A CURB AND GUTTER (W=18-) L.F. 200 $33.00 $6,600.00 19 CONSTRUCT 4 -INCH THICK P.C.C. SIDEWALK S.F. 6000 $8.50 $51,000.00 PlanetBids;, Inc. City of Newport Beach Page 3 CORONA DEL MAR ENTRY IMPROVEMENTS (C-6382), bidding on January 14, 2016 10:00 AM (Pacific) Bid Results Type Item Code UOm 4ty Unit Price Line Total Comment 20 CONSTRUCT P.C.C. ACCESS RAMP (CASE H) S.F. 450 $25.00 $11,250.00 21 REPLACE EXISTING WATER VALVE BOX FRAME AND COVER AND ADJUST TO GRADE Each 1 $525.00 $525.00 22 REPLACE EXISTING PULL BOX FRAME AND COVER AND ADJUST TO GRADE Each 8 $525.00 $4,200.00 23 REMOVE AND REPLACE WATER METER BOX AND COVER AND ADJUST TO GRADE Each 1 $525.00 $525.00 24 ABANDON FIRE HYDRANT ASSEMBLY Each 1 $3,300.00 $3,300.00 25 CONSTRUCT FIRE HYDRANT ASSEMBLY Each 1 $12,500.00 $12,500.00 26 FURNISH AND INSTALL 3 -INCH x 5 -INCH RECTANGULARCAST IRON PIPE AND ADAPTOR TO 4 -INCH ROUND DRAIN PIPE L.F. 25 $120.00 $3,000.00 27 FURNISH AND INSTALL 4 -INCH PVC, SCH 40, DRAIN PIPE L.F. 200 $25.00 $5,000.00 28 FURNISH AND INSTALL 6 -INCH SQUARE GRATEAND APPURTENANCES Each 5 $336.00 $1,680.00 29 INSTALL 1 -INCH WATER SERVICE (1" METER SET BY CITY) Each 1 $5,460.00 $5,460.00 30 INSTALL 1 -INCH REDUCED PRESSURE PRINCIPLE BACKLOW (RPP) DEVICE Each 1 $2,500.00 $2,500.00 31 PAINT PARKING STALL STRIPING L.F 32 PAINT STOP AND LIMIT LINE (CASE 1) Each 33 PAINT STOP AND LIMIT LINE (CASE 2) Each 34 PAINT CROSSWALK STRIPING L.F. 54 $12.00 $648.00 1 $850.00 $850.00 1 $800.00 $800.00 125 $5.00 $625.00 PlanetBids, Inc. City of Newport Beach CORONA DEL MAR ENTRY IMPROVEMENTS (C-6382), bidding on January 14, 2016 10:00 AM (Pacific) Bid Results Type Item Code UOM city Unit Price Line Total Comment 35 RELOCATE EXISTING SIGN TO NEW POST $20.00 $60.0c 38 PROVIDE AS -BUILT PLANS (AND DBE CERTIFICATION IF APPLICABLE) $15.00 Each 2 $175.00 $350.00 36 FURNISH AND INSTALL SIGN AND POST Each 4 $367.00 $1,468cC 37 INSTALL FIRE HYDRANT MARKER 40 INSTALL IRRIGATION PIPE SLEEVES UNDER COAST HIGHWAY Each 3 $20.00 $60.0c 38 PROVIDE AS -BUILT PLANS (AND DBE CERTIFICATION IF APPLICABLE) $15.00 $10,875.00 Lump Sum 1 $5,000.00 $5,000.00 Subtotal $320,586.00 HARDSCAPE, LANDSCAPING AND IRRIGATION WORK $4,725.00 42 39 INSTALL IRRIGATION PIPE SLEEVES UNDER CARNATION STREET Page 4 L.F. 60 $21.00 $1,260.00 40 INSTALL IRRIGATION PIPE SLEEVES UNDER COAST HIGHWAY L.F. 725 $15.00 $10,875.00 41 INSTALL MEDIUM BROOM FINISH WITH 36" O.C. SCORELINES S.F. 4500 $1.05 $4,725.00 42 INSTALL MEDIUM BROOM FINISH WITH 24" O.C. SCORE LINES S.F. 250 $1.00 $250.00 43 FURNISH AND INSTALL 12" CONCRETE BANDING L.F. 45 $21.00 $945.00 44 FURNISH AND INSTALL EXPANSION JOINTS L.F. 1100 $6.30 $6,930.00 45 INSTALL 24" SQUARE BY 24" HIGH POUR -IN-PLACE CONCRETE PILASTERS WITH INSETS Each 13 $2,400.00 $31,200.00 46 INSTALL 16" HIGH POUR -IN-PLACE CONCRETE SEAT WALLS L.F. 180 $300.00 $54,000.00 47 RE -INSTALL METAL BENCH Each 1 $425.00 $425.00 48 RE -INSTALL CITY BICYCLE RACK Each 1 $425.00 $425.00 49 RE -INSTALL CITY TRASH RECEPTACLE Each 1 $425.00 $425.00 PlanotBids, Inc. City of Newport Beach Page 5 CORONA DEL MAR ENTRY IMPROVEMENTS (C-6382), bidding on January 14, 2016 10:00 AM (Pacific) Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 50 FURNISH AND INSTALL 1-1/4" PRESSURE -REGULATING VALVE IN BOX Each 1 $1,260.00 $1,260.00 51 FURNISH AND INSTALL IRRIGATION COMMUNICATION CABLE AND 1"CONDUIT L.F. 50 $8.40 $420.00 52 FURNISH AND INSTALL 1" MASTER VALVE IN BOX Each 1 $630.00 $630.00 53 FURNISH AND INSTALL 1-114" BALL VALVES IN BOX Each 1 $350.00 $350.00 54 FURNISH AND INSTALL QUICK COUPLING VALVES IN BOX Each 8 $375.00 $3,000.00 55 FURNISH AND INSTALL 10" ROUND IRRIGATION PULL BOXES Each 4 $160.00 $640.00 56 FURNISH AND INSTALL SITE LOW -VOLTAGE IRRIGATION WIRE L.F. 1650 $2.50 $4,125.00 57 PROVIDE IRRIGATION SUBMITTAL ITEMS Lump Sum 1 $367.00 $367.00 58 FURNISH AND INSTALL IRRIGATION SYSTEM HEADS AND LATERALS S.F. 1370 $10.00 $13,700.00 59 FURNISH AND INSTALL REMOTE CONTROL VALVES IN BOX Each 4 $561.00 $2,244.00 60 FURNISH AND INSTALL I-1/2"SCH. 40 MAINLINE LF. 130 $8.40 $1,092.00 61 FURNISH AND INSTALL 1-1/4" SCHEDULE 40 MAINLINE L.F. 170 $7.50 $1,275.00 62 FURNISH AND INSTALL 1" SCHEDULE 40 MAINLINE L.F. 20 $7.50 $150.00 63 FURNISH AND INSTALL 3" SCHEDULE 40 IRRIGATION SLEEVE L.F. 30 $9.50 $285.00 64 FURNISH AND INSTALL 2" SCHEDULE 40 IRRIGATION SLEEVES L.F. 95 $9.00 $855.00 PlanstBids, Inc. City of Newport Beach Description Page 6 CORONA DEL MAR ENTRY IMPROVEMENTS (C-6382), bidding on January 14, 2016 10:00 AM (Pacific) Case Land Surveying Bid Results L5411 $7,750.00 Type Item Code UOM City Unit Price Line Total Comment 65 FURNISH AND INSTALL SOIL PREPARATION AND FINISH GRADING Orange, CA 92868 S.F. 1370 $2.10 $2,877.00 66 WEED ABATEMENT S.F. 1370 $1.00 $1,370.00 67 FURNISH AND INSTALL 3 -INCH LAYER OF MULCH 1551 N Miller S.F. 1370 $1.00 $1,370.00 68 FURNISH AND INSTALL 20 FOOT BROWN TRUNK HEIGHT PHOENIX DACTYLIFERA PALM TREES Each 5 $4,000.00 $20,000.00 69 FURNISH AND INSTALL SHRUB — 5 GALLON Each 196 $24.00 $4,704.00 70 FURNISH AND INSTALL SHRUB— 1 GALLON 5312 Cypress Street Each 176 $12.00 $2,112.00 71 PROVIDE NINETY (90) DAY LANDSCAPE MAINTENANCE PHASE Lump Sum 1 $2,625.00 $2,625.00 Subtotal $176,911.00 806122 Total $497,497,00 Subcontractors Name & Address Description License Num Amount Type Case Land Surveying Surveying L5411 $7,750.00 614 N. Eckholf Street Orange, CA 92868 United States Treesmith Enterprises Tree Removal 802705 $2,300.00 1551 N Miller Anaheim, CA 92705 United States Superior Pavement Markings Striping & Marking 776306 $4,709.25 5312 Cypress Street Cypress, CA 90630 United States Kato Landscape, Inc. Irrigation & Landscape 806122 $74,899.00 18182 Bushard Street Fountain Valley, CA 92708 United States PianetBids, Inc. CORONA DEL MAR ENTRY IMPROVEMENTS CONTRACT NO. 6382 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 26th day of January, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ALL AMERICAN ASPHALT, INC., a California corporation ("Contractor"), whose address is 400 E. Sixth Street, Corona, CA 92879, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of: (1) distributing construction notices to affected businesses and residents; (2) construction surveying; (3) removing existing pavement; (4) removing existing sidewalk, curb and gutter, cross gutter and curb access ramps; (5) grinding (cold mill), reconstructing and overlaying roadway; (6) constructing sidewalks, curb and gutter, cross gutter and access ramps; (7) constructing enhanced hardscaping and landscaping; (8) adjusting utility and survey facilities; (9) installing traffic striping, pavement marks, and raised pavement marking; (10) coordinating with outside utility owners to have facilities adjusted to grade; and (11) other incidental items to be completed in work place required by the Plans and Specifications (the "Project" or "Work"). C. 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, it is mutually agreed by and between the undersigned parties as follows: 1. 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 Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 6382, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. 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. 2. 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. 3. COMPENSATION 3.1 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 Four Hundred Ninety Seven Thousand Four Hundred Ninety Seven Dollars and 00/100 ($497,497.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 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, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Jerry LeBouef to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall All American Asphalt, Inc. Page 2 represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. 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 City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Jerry LeBouef All American Asphalt, Inc. 400 E. Sixth Street Corona, CA 92879 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil All American Asphalt, Inc. Page 3 service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment 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, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a 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. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 11. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the All American Asphalt, Inc. Page 4 term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES 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. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City All American Asphalt, Inc. Page 5 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 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 Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 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 All American Asphalt, Inc. Page 6 retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or 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 above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. All American Asphalt, Inc. Page 7 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. All American Asphalt, Inc. Page 8 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. 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. 22. 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. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] All American Asphalt, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 11-20114 Aaron C. Harp (AM City Attorney ATTEST: Date: �•��.��0 /City Clerk /I ic0 CITY OF NEWPORT BEACH, a California �unipallcorp pration Date: Ua (( D' ' i Mayor CONTRACTOR: All American Asphalt, Inc., a Californ'a corporation Date: 2 2 �/ LO Mark L-euf Lvcr President Date: Zto By: , _C:::� Michael Fark Secretary [END OF SIGNATURES] Attachments: Exhibit A Labor and Materials Payment Bond Exhibit B Faithful Performance Bond Exhibit C — Insurance Requirements All American Asphalt, Inc. Page 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 NEENIMEM A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validity of that document. State of California County of Riverside On 02/02/2016 before me, Rebecca Angela Parra, Notary Public Data Here Insert name and Title of the Ot(cer personally appeared Mark Luer and Michael Farkas Name(s) of Signer(s) REBECCA ANGELA PARRA Commission # 2024944 Notary Public -California z Riverside County My Comm. Expires May 17, 2017 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that beFshetthey executed the same in hisA%gtheir authorized capacity(ies), and that by hWhw/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my h d d officia� . Signature Placa Notary Seal Above ignal a of Notary Publie OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Contract Document Date: 02/02/2016 Number of Pages: Teri (10) Signer(s) Other Than Named Above: City of Newport Beach Capacity(ie&) Claimed by Signer(&) Signer's Name: Mark Luer ❑ Individual X Corporate Officer—Title(s): President o Partner o o Limited o General ❑ Attorney in Fact M o Trustee ❑ Other: Signer is Representing: Top of thumb here Signer's Name: Michael Farkas ❑ Individual X Corporate Officer—Title(s): Secretary o Partner ❑ o Limited ❑ General ❑ Attorney in Fact ❑ Trustee Top of Numb here o Other: Signer is Representing: Premium is included in the performance bond Executed in: 2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 7647853 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to All American Asphalt, Inc. hereinafter designated as the "Principal," a contract for: (1) distributing construction notices to affected businesses and residents; (2) construction surveying; (3) removing existing pavement; (4) removing existing sidewalk, curb and gutter, cross gutter and curb access ramps; (5) grinding (cold mill), reconstructing and overlaying roadway; (6) constructing sidewalks, curb and gutter, cross gutter and access ramps; (7) constructing enhanced hardscaping and landscaping; (8) adjusting utility and survey facilities; (9) installing traffic striping, pavement marks, and raised pavement marking; (10) coordinating with outside utility owners to have facilities adjusted to grade; and (11) other incidental items to be completed in work place required by the Plans and Specifications, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract 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 and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Ninety Seven Thousand Four Hundred Ninety Seven Dollars and 00/100 ($497,497.00) 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 All American Asphalt, Inc. Page A-1 the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 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 9500 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 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 All American Asphalt Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 Address of Surety (213)270-0600 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp USA oalWAlp City Attorney 26th day of January 1 2Q 16 Authorized Sigl�aetm[.Title V\a.K Luer s nk Authorized Agent Signature Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. ***Please See Attached*** On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California (seal) County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) All American Asphalt, Inc. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached- and not the truthfulness. accuracv. or validity of that document. State of California County of Riverside On 02/02/2016 before me, Rebecca Angela Parra, Notary Public , care Here Insert name and Title of the officer personally appeared Mark Luer Name(s) of Signer(s) I who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in -- REBECCA ANGELA PARRA his/tterk & authorized capacity(ies), and that by his/heNtheir Commission E 202ARR signature(s) on the instrument the person(s), or the entity upon behalf a z of which the person(s) acted, executed the instrument. z �, y Notary Public - California z z +` Riverside County > My Comm. Expires May 17, 2017 1 certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my h d a official sealre o Signatureti, Place Notary Seal Above Signatuf Not iryPublic OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Payment Bond No. 7647853 Document Date: 01/26/2016 Number of Pages: Three (3) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(Wo) Claimed by Signer(s) Signer's Name: Mark Luer Signers Name: o Individual ❑ Individual XCorporate Officer —Title(s): President o Partner 0 o Limited o General o Attorney in Fact ❑ Trustee Top of thumb here ❑ Other: Signer is Representing: o Corporate Officer—Title(s): ❑ Partner 0 o Limited c General ❑ Attorney in Fact U.M. ❑ Trustee Top of thumb here ❑ Other: Signer is Representing: CALIFORNIA •ACKNOWLEDGMENT CIVIL CODE § 1189 .xiNGxK <: - _ '�C3ei�e.-n .o. s� . .ae43 rKa._a s t�.iaCw s �• a<:. < n < s . Nc� _ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 01/21/2016 before me, R. Paramo, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof S/gnerN who proved to me on the basis of satisfactory evidence to be the persons} whose name(6} is/ace subscribed to the within instrument and acknowledged to me that iae/she/thay executed the same in his/her/their authorized capacity, and that by InWher/their signaturejS) on the instrument the person(* or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph R. PARAMOWITR)ESS my hand a d o itis eal. Commis;ion • 2035890 �\ Notary Public - California Si store Orange County QN!g Comm, fres AUG5 2017+ Signature of Notary Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Payment Bond No. 7647853 Document Date: 01/26/2016 Number of Pages: Three 3 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual RAttorney in Fact ❑ Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Compan of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — lI Limited ❑ General ❑ Individual O Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: __ .vG\'✓�<`": <(vi✓ ✓iC:ttY. \ .....................arva ✓0.': <4�'✓. q:..V4 ei2 A \. •Nv. PRF7647853 Bond Number City of Newport Beach Obligee ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by Michael P. Bond, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof; do hereby nominate, constitute, and appoint Rebecca Haas -Bates its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day of January , A.D. 2016 XT_` .Secretary Gerald F. Haley ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Vice President Michael P. Bond Mt1 State of Maryland County of Baltimore On this 26th day of January A.D. 2016 - before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Michael P. Bond, Vice President and Gerald F. Haley, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swum, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 Premium is for contract term and is subject to adjustment based on final contract price EXHIBIT B Executed in: 2 Counterparts CITY OF NEWPORT BEACH BOND NO. 7647853 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,965.00 , being at the rate of $ 3.95 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to All American Asphalt, Inc. hereinafter designated as the "Principal," a contract for: (1) distributing construction notices to affected businesses and residents; (2) construction surveying; (3) removing existing pavement; (4) removing existing sidewalk, curb and gutter, cross gutter and curb access ramps; (5) grinding (cold mill), reconstructing and overlaying roadway; (6) constructing sidewalks, curb and gutter, cross gutter and access ramps; (7) constructing enhanced hardscaping and landscaping; (8) adjusting utility and survey facilities; (9) installing traffic striping, pavement marks, and raised pavement marking; (10) coordinating with outside utility owners to have facilities adjusted to grade; and (11) other incidental items to be completed in work place required by the Plans and Specifications, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract 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 Four Hundred Ninety Seven Thousand Four Hundred Ninety Seven Dollars and 00/100 ($497,497.00) 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. All American Asphalt, Inc. Page B-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 City, only in the event 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 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 City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 26th day of January 2016 . All American Asphalt Name of Contractor (Principal) �Auth(rrized SigLlature/Title MarC�L�ert t'ns,de,c� Fidelity and Deposit Company of Maryland 0 r�o e-' �p�r—, Name of Surety Authorized Agent Signature 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 Address of Surety (213)270-0600 Telephone APPROVED AS TO FORM: CITY ATT�ORNE S OFFICE Date: By. - Aaron'C: Harp urm oLloslt� City Attorney Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt, Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 1 ss. On 20 before me, "*Please See Attached— Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) All American Asphalt, Inc. Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validity of that document. State of California County of Riverside On 02/02/2016 before me, Rebecca Angela Parra, Notary Public , Date Here Insert name and THIe of the Officer personally appeared Mark Luer Narrate) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shekitey executed the same in his/heF4heic authorized capacity(ies), and that by his/hedtheir REBECCA ANGELA PaRNAsignature(s) on the instrument the person(s), or the entity upon behalf Commission # 2024944 of which the person(s) acted, executed the instrument. aio, Notary Public - California z Riverside Coun±y ' I certify under PENALTY OF PERJURY under the laws of the State of My Comm. Expires May 17, 2017 California that the forgoing paragraph is true and correct. WITNESS my h d d official se:/ Signature Place Notary seal Above ,gnatu of Notary Publie 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 PerformanceBond No. 7647853 Document Date: 01/26/2016 Number of Pages: Three Ll Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer(e) Signer's Name: Mark Luer Signer's Name: o Individual o Individual X Corporate Officer—Title(s): President o Corporate Officer—Title(s): o Partner ❑ o Limited o General ❑ Partner o ❑ Limited ❑ General ❑ Attorney in Fad SAW1901MM o Attorney in Fact o Trustee Top of thumb here ❑ Trustee Top of dumb here ❑ Other: o Other: Signer is Representing: Signer is Representing: All American Asphalt CALIFORNIA ALL-PURPOSE ACKNOWLEDOMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia ) County of Orange ) On 01/21/2016 before me, R. Paramo, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof Signer)* who proved to me on the basis of satisfactory evidence to be the person(* whose names} is/are subscribed to the within instrument and acknowledged to me that Wshe/they executed the same in his/her/their authorized capacity(ies), and that by hic(her/their signatureZ4 on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph WITf�SS my hanZ a dm fioia seal. R. PARAMO Commission ♦ 2035890 Notary PuAlic - Callornis Sign Orange County Signature of Nota M Comm. E iras Au 5 2017 J 9 ry Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Performance Bond No. 7647853 Document Date: 01/26/2016 Number of Pages: Three 3 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited O General ❑ Individual Q Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: es.�ti, �. (00000010-3 ..-;<.vc.�cv tt��us«,•�. .,��s<�a:.-�: ;.c..0. n. PRF7647853 Bond Number City of Newport Beach Obligee ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by Michael P. Bond, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Rebecca Haas -Bates its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day of January , A.D. 2016 ,V. ftp•' Secretary Gerald F. Haley ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Vice President Michael P. Bond II �•"f3 eF ni� par,• O Fp9�.�, :�� low State of Maryland County of Baltimore On this 26th day of January A.D. 2016 before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Michael P. Bond, Vice President and Gerald F. Haley, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. "o„nri,q. c Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an All American Asphalt, Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status, All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed All American Asphalt, Inc. Page C-2 documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, sub- contractors shall provide additional insured coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self - insure its obligations to City. If Contractor's existing coverage includes a All American Asphalt, Inc. Page C-3 self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. I. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractors insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. All American Asphalt, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 2/11/16 Dept./Contact Received From: Raymund Date Completed: 2/16/16 Sent to: Raymund By: Chris/Alicia Company/Person required to have certificate: All American Asphalt Type of contract: Public Works I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 8/1/15-8/1/16 A. INSURANCE COMPANY: Arch Specialty Ins Co B. AM BEST RATING (A-: VII or greater): A+:XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes M No D. LIMITS (Must be $1 M or greater): What is limit provided? 1M/2M/2M E. ADDITIONAL INSURED ENDORSEMENT—please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) IN Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ®No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No H. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 8/1/15-8/1/16 A. INSURANCE COMPANY: Zurich American Insurance Company B. AM BEST RATING (A-: VII or greater) A+:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? M Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 2,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 8/1/15-8/1/16 A. INSURANCE COMPANY: National Union Fire Ins Co of Pitts B. AM BEST RATING (A-: VII or greater): A:XV C. ADMITTED Company (Must be California Admitted): N Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory N Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? N Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: N N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: a ; - Agent of Alliant Insurance Services Broker of record for the City of Newport Beach Date N N/A ❑ Yes ❑ No N N/A ❑ Yes ❑ No N N/A ❑ Yes ❑ No N Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: RM approval needed for non -admitted status of general liability carrier. Approved by Sheri 12/23/13. Approved: Risk Management Date * Subject to the terms of the contract. PUBLIC WORKS DEPARTMENT INDEX FOR CORONA DEL MAR ENTRY IMPROVEMENTS SPECIAL PROVISIONS CONTRACT NO. 6382 PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.2 Line and Grade SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Replace this section with the following: SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 - UTILITIES 5-1 LOCATION 5-2 PROTECTION 5-4 RELOCATION 5-5 DELAYS 5-7 ADJUSTMENTS TO GRADE 5-6 COOPERATION 1 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 4 5 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 5 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 5 6-1.1 Construction Schedule 5 6-7 TIME OF COMPLETION 6 6-7.1 General 6 6-7.2 Working Days 6 6-7.4 Working Hours 6 6-9 LIQUIDATED DAMAGES 7 6-11 SEQUENCE OF CONSTRUCTION 7 6-11.1 Payment 7 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 8 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 8 7-1.2 Temporary Utility Services 8 7-7 COOPERATION AND COLLATERAL WORK 8 7-8 WORK SITE MAINTENANCE 8 7-8.1 General 8 7-8.4.3 Storage of Equipment and Materials in Public Streets 9 7-8.6 Water Pollution Control 9 7-8.6.1 General 9 7-8.6.2 Best Management Practices (BMPs) 10 7-8.7.2 Steel Plates 11 7-10 PUBLIC CONVENIENCE AND SAFETY 11 7-10.1 Traffic and Access 11 7-10.3 Street Closures, Detours and Barricades 11 7-10.4 Safety 12 7-10.4.1 Safety Orders 12 7-10.5 "No Parking" Signs 13 7-10.6 Notices to Residents and Businesses 13 7-10.7 Street Sweeping Signs and Parking Meters 14 7-15 CONTRACTOR'S LICENSES 14 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS 14 SECTION 9 - MEASUREMENT AND PAYMENT 14 9-3 PAYMENT 14 9-3.1 General 14 9-3.2 Partial and Final Payment. 24 PART 2 - CONSTRUCTION MATERIALS 24 SECTION 200 --- ROCK MATERIALS 24 200-1 ROCK PRODUCTS 24 200-1.1 General. 24 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 24 201-1 PORTLAND CEMENT CONCRETE 24 201-1.1 Requirements 24 201-1.1.2 Concrete Specified by Class and Alternate Class 24 201-2 REINFORCEMENT FOR CONCRETE 25 201-2.2 Steel Reinforcement 25 201-2.2.1 Reinforcing Steel 25 201-7 NON -MASONRY GROUT 25 201-7.2 Quick Setting Grout 25 SECTION 203 — BITUMINOUS MATERIALS 25 203-5 EMULSION -AGGREGATE SLURRY 25 203-5.2 Materials 25 203-5.3 Composition and Grading 26 203-6 ASPHALT CONCRETE 26 203-6.1 General 26 203-6.4 Asphalt Concrete Mixtures 26 203-6-4.3 Composition of Grading 26 SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS 26 SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 26 214-6 PAVEMENT MARKERS 26 214-6.3 Non -Reflective Pavement Markers 26 214-6.3.1 General 26 214-5 REFLECTIVE PAVEMENT MARKERS 26 PART 3 -CONSTRUCTION METHODS 27 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 27 27 27 27 27 28 SECTION 301 ---TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF BASE MATERIALS 28 301-1 SUBGRADE PREPARATION. 28 301-1.6 Adjustment of Manhole Frame and Cover Sets to Grade. 28 301-1.7 Payment. 29 SECTION 302 - ROADWAY SURFACING 29 302-4 EMULSION -AGGREGATE SLURRY 29 302-4.3 Application 29 302-4.3.1 General 29 302-4.3.2 Spreading 29 302-4.3.3 Field Sampling 29 302-5 ASPHALT CONCRETE PAVEMENT 30 302-5.1 General 30 302-5.4 Tack Coat 30 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 30 302-6.6 Curing 30 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 30 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 30 303-5.1 Requirements 30 303-5.1.1 General 30 303-5.5 Finishing 31 303-5.5.1 General 31 303-5.5.2 Curb 31 303-5.5.4 Gutter 31 SECTION 307 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS 31 307-17 TRAFFIC SIGNAL CONSTRUCTION 31 307-17.7 Vehicle Detectors 31 307-17.7.3 Inductive Loop Detectors 31 SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION 31 SECTION 310 - PAINTING 32 310-5 PAINTING VARIOUS SURFACES 32 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 32 310-5.6.6 Preparation of Existing Surfaces 32 310-5.6.7 Layout, Alignment, and Spotting 32 310-5.6.8 Application of Paint 32 310-5.6.11 Pavement Markers 33 SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL 33 312-1 PLACEMENT 33 PART 4 33 SECTION 400 - ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, 33 PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 33 400-2 UNTREATED BASE MATERIALS 33 400-2.1 General 33 400-2.1.1 Requirements 33 PART 6 34 SECTION 02810 LANDSCAPE IRRIGATION 34 02810-1 GENERAL 34 02810-1.1 Scope of Work 34 02810-1.2 Regulatory Agencies 34 02810-1.3 Quality Assurance and Qualifications 34 02810-1.4 Contractor Responsibilities 35 02810-1.5 Site Safety 35 02810-1.6 Explanation of Drawings 35 02810-1.7 Submittals 36 02810-1.8 Substitutions 36 02810-1.9 Record Drawings 37 02810-1.10 Controller Charts 38 02810-1.11 Operation and Maintenance Manuals 39 02810-1.12 Equipment to be furnished 39 02810-1.13 Central Control 40 02810-1.14 Product Delivery, Storage and Handling 40 02810-1.15 Guarantee 40 02810-2 MATERIALS 41 02810-2.1 General i. 41 02810-2.2 PVC Non -Pressure Lateral Line Pipe 41 02810-2.3 Threaded Nipples and Fittings 41 02810-2.4 Joint Primer 42 02810-2.5 Joint Cement 42 02810-2.6 Electric Remote Control Valves 42 02810-2.7 Valve Boxes 42 02810-2.8 Irrigation Control Wiring 42 02810-2.9 Automatic Controller 43 02810-3 EXECUTION 43 02810-3.1 Site Conditions 43 02810-3.2 Physical Layout 44 02810-3.3 Water Supply 44 02810-3.4 Trenching 45 02810-3.5 Backfilling 45 02810-3.6 Assemblies 45 02810-3.7 Line Clearance 46 02810-3.8 Automatic Controller 46 02810-3.9 Remote Control Valves 46 02810-3.10 Flushing of System 46 02810-3.11 Bubbler Heads 46 02810-3.12 Temporary Repairs 47 02810-3.13 Field Quality Control 47 02810-3.14 Testing of Irrigation System 47 02810-3.15 Maintenance 47 02810-3.16 Clean-up 48 02810-3.17 Final Observation Prior to Acceptance 48 02810-3.18 Observation Schedule 48 SECTION 02900 LANDSCAPE PLANTING 49 02900.1 GENERAL 49 02900.1.1 Scope of Work 49 02900.1.2 Quality Assurance and Requirements 49 [Iv] 02900.1.3 Submittals 02900.1.4 Product Delivery, Storage and Handling 02900.1.5 Job Conditions 02900.1.6 Samples and Tests 02900.1.7 Guarantee and Replacement 02900.2 PRODUCTS 02900.2.1 Organic Material 02900.2.2 Planting Tablets 02900.2.3 Top Soil 02900.2.4 Plant Material 02900.2.5 Rejection or substitutions 02900.2.6 Pruning 02900.2.7 Plant Materials 02900.2.8 Nursery Grown and Collected Stock 02900.2.9 Mulch Cover 02900.2.10 Miscellaneous Materials 02900.3 EXECUTION 02900.3.5 Inspection 02900.3.2 Preparation 02900.3.3 Pre -Planting Installation 02900.3.4 Final Grades 02900.3.5 Dispose of Excess Soil 02900.3.6 Maintenance of Final Grades 02900.3.7 Planting Installation 02900.3.8 Weed Control 02900.3.9 Lay -out of Major Plantings 02900.3.10 Planting of Shrubs 02900.3.11 Can Removal 02900.3.12 Planting of Plant Material 02900.3.13 Clean-up 02900.3.14 Observation Schedule SECTION 02970 LANDSCAPE ESTABLISHMENT AND MAINTENANCE 02970.1 GENERAL 02970.1.1 Scope of Work 02970.1.2 General Maintenance 02970.1.3 Water management: 02970.1.4 Quality Assurance 02970.1.5 Start of the Landscape Establishment and Maintenance Phase: 02970.1.6 Guarantee and Replacement 02970.1.7 Final Project Submittals 02970.1.8 Maintenance 02970.1.9 Shrub Care 02970.1.10 Weed Control 02970.1.11 Insect Control 02970.1.12 Disease and Pest Control 02970.1.13 Fertilization 02970.1.14 Irrigation System 02970.1.15 Final Acceptance [V] 49 49 50 50 50 50 51 51 51 52 52 52 53 53 53 53 53 53 54 54 55 55 56 56 56 56 57 57 57 58 58 59 59 59 59 60 60 61 61 61 62 62 62 62 63 63 63 63 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS ri•P CORONA DEL MAR ENTRY IMPROVEMENTS CONTRACT NO. 6382 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -6063-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications for Public Works Construction may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of 1) distributing construction notices to affected businesses and residents; (2) construction surveying; (3) removing existing pavement; (4) removing existing sidewalk, curb, curb and gutter, cross gutter and curb access ramps; (5) grinding (cold mill), reconstructing and overlaying roadway; (6) constructing sidewalks, curb and gutter, cross gutter and access ramps; (8) constructing enhanced hardscaping and landscaping; (9) adjusting utility and survey facilities; (10) installing traffic striping, pavement marks, and raised pavement marking; (11) coordinating with outside utility owners to have facilities adjusted to grade and (12) other incidental items to be completed in work place required by the Plans and Specifications." Page 1 of 68 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." 2-9.2 Line and Grade Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is Walden & Associates and can be contacted at 949.660.0110. At a minimum, two (2) sets of cut -sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48 -hours in advance of any work. In addition, the filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Replace this section with the following: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 Page 2 of 68 To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements Add Section 4-1.3.4 Inspection and Testing 4-1.3.4 Inspection and Testing All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 - hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 - UTILITIES 5-1 LOCATION Add the following after the 3rd paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 5-2 PROTECTION Add the following: "In the event that an existing pull or meter box or cover, identified in the Plans to be relocated or salvaged to the City, is damaged by the Work and is not re - Page 3 of 68 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." 5-4 RELOCATION Add to this section: "The Contractor will be required to contact Southern California Edison, The Gas Company, AT&T Telephone, and Time Warner Cable to have their existing utilities relocated as shown on the Plans. The Contractor shall coordinate with each utility company for the relocation of their facilities in advance of work to avoid potential delays to the Project Schedule. The contact information for each agency is shown below: Southern California Edison: Mark Trentacosta 7333 Bolsa Avenue Westminster, CA 92683 Mark.trentacosta@sce.com (714)895-0573 The Gas Company (Verification): Wilson Baldelomar 1919 S. State College Blvd Anaheim, CA 92806 wbaldelomar@semprautilities.com (714)634-5091 The Gas Company (Transmission): Rosalyn Squires Rsquires@semprautilities.com 5-5 DELAYS AT&T: Steven J Besneatte 3939 E Coronado Avenue, 2nd Floor Anaheim, CA 92807 sb1658@att.com (949) 480-6084 Time Warner Cable: Joe Barrios 7142 Chapman Avenue Garden Grove, CA 92841 joe.barrios@twcable.com (714)709-3390 Add the following: "Utility verification by the Contractor shall include checking the proposed locations for new and relocated utility company improvements. The proposed locations shown on the plans are schematic. Prior to construction, the Contractor shall coordinate directly with each utility company to confirm the exact location for each of their new and relocated improvements and then confirm that the new or relocated new improvement will not conflict with existing or new improvements. It shall be the Contractor's responsibly to confirm this prior to construction so as to not delay the project if conflicts are found." 5-7 ADJUSTMENTS TO GRADE Add this section: "The Contractor shall adjust or replace to finish grade City -owned water meter boxes, electrical pull boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. Manholes may be reused where so indicated on the plans or as directed by the Engineer. All existing meter boxes, pull boxes, valve covers, cleanout covers, and survey monument covers shall be salvaged to the City's Utilities Page 4 of 68 Yard at 949 West 16th Street. and replaced with new boxes and covers. The Contractor shall make arrangements for the delivery of salvaged materials by contacting the City of Newport Beach Utilities Division at (949) 644-3011. The Contractor will be required to contact Southern California Edison, The Gas Company, AT&T Telephone, Time Warner Cable, and any other utility facilities to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the Project Schedule." 5-6 COOPERATION Add this section: The work window required for each utility company is as follows: Utility Company Working Days Required AT&T (ATT) 10 Southern California Edison (SCE) 15 Southern California Gas Company (SGC) 20 Time Warner Cable (TWC) 5 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Add to this section: The time of completion as specified in Section 6-7, shall commence on the date of the 'Notice to Proceed. 6-1.1 Construction Schedule Add the following between the first and second paragraphs of this section: No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of Page 5 of 68 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. It is anticipated that the Newport Beach City Council will award this construction contract on January 26, 2016 and the Notice to Proceed will be issued such that . Contractor may start construction on February 1, 2016. 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, unless otherwise allowed by the Engineer. Time extension for 100 percent completion of work will not be granted due to delay on concrete work completion and acceptance. The Establishment and Maintenance periods for the landscaping plantings shall not be counted against the working days. 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." Add the following Section 6-7.2 Working Days 6-7.2 Working Days Revise 3) to read: "any City holiday, defined as January 15t (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31st (New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." Add the following Section 6-7.4 Working Hours 6-7.4 Working Hours Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 6-11 SEQUENCE OF CONSTRUCTION Five days after bid opening, the Contractor shall submit a sequence of construction plan that shall include all work including necessary coordination with the City's traffic signal contractor Dynalectric, which may require additional survey to determine the location of proposed hardscape including location of new curb face, sidewalk, and access ramp. No work will be allowed to start until City staff has had enough time to review the sequence of construction plan, make changes and approve the plan. The Contractor shall note that the signalization work is estimated to take approximately two weeks and it will be the Contractor's responsibility to coordinate access with each business and make special accommodations to provide access during construction. 6-11.1 Payment The cost to prepare the sequence of construction plan shall be considered included in the cost of construction and no additional payment will be considered. Page 7 of 68 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services Add to the end of this section: If the Contractor elects to use City water, it shall arrange for a meter and tender a $1,073.21 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water 7-7 COOPERATION AND COLLATERAL WORK Add to this section: City forces will perform all shut downs of water facilities as required. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time he desires the shutdown of water and/or sewer facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. The City must approve any nighttime work in advance. It is the Contractor's responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down." The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter and valve boxes shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting the City of Newport Beach Utilities Division at (949) 644-3011." 7-8 WORK SITE MAINTENANCE 7-8.1 General Add to this section: "Secondary containment shall be provided with portable toilets." Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 Storage of Equipment and Materials in Public Streets Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7-8.6 Water Pollution Control Add to this section: "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.1 General Add to this section: "The Contractor shall notify all subcontractors, material suppliers, lessees, and property owners that dumping of chemicals into the storm drain system or the watershed is prohibited. Such dumping can and will result in a fine by the City of Newport Beach and other Agencies. The Contractor shall maintain the construction site in such a condition that an anticipated storm does not carry wastes or pollutants off the site. Potential pollutants include but are not limited to: soil or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides, herbicides, wood preservatives and solvents; asbestos fibers. paint flakes or stucco fragments; fuels, oils, lubricants, and hydraulic, radiator or battery fluids; fertilizers, vehicle/equipment wash water and concrete wash water; concrete, detergent or floatable wastes; wastes from any engine/equipment steam cleaning or chemical degreasing; and superchlorinated potable water line flushings. During construction the Contractor shall dispose of such materials off-site in accordance with local, state, and federal requirements. The Contractor may discharge material other than storm water only when necessary for performance and completion of construction practices and where they do not; cause or contribute to a violation of any water quality standard; cause or threaten to cause pollution, contamination, or nuisance; or contain a hazardous substance in a quantity reportable under federal regulations 40 cfr parts 117 and 302. Dewatering of contaminated groundwater or discharging contaminated soils via surface erosion is prohibited. Dewatering of non -contaminated groundwater requires a national pollutant discharge elimination system permit from the respective state regional water quality control board. The Contractor shall conform to all AQMD requirements for positive dust control. Grading and excavation shall be halted during periods of high winds. According to AQMD measure F-4, high winds are defined as 30 mph or greater, this level occurs only under unusually extreme conditions. Such as Santa Ana wind conditions. In the case of emergency, call the Public Works Department at (949) 644-3311 during business hours and the Newport Beach Police Department dispatch at (949) 644-3717 after business hours. Equipment and workers for emergency work shall be made available at all times during the rainy season. Necessary materials shall be available on site and stockpiled at convenient locations to facilitate rapid construction of temporary devices when rain is imminent. 24-hour contact information shall be provided to the city during the project pre -construction meeting. Erosion control devices shall not be moved or modified without the approval of the City of Newport Beach. All removable erosion protective devices shall be in place at the end of each working day when the 5 -day rain probability forecast exceeds 40%. After a rainstorm, all silt and debris shall be removed from streets, check berms, and basins. The Contractor shall be responsible for and shall take necessary precautions to prevent public trespass onto areas where impounded water creates a hazardous condition. The Contractor shall inspect the erosion control work and ensure that the work is in accordance with the approved plans." 7-8.6.2 Best Management Practices (BMPs) Add to this section: 'The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. Page 10 of 68 g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-8.7.2 Steel Plates "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access Add to this section: The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts; offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." 7-10.3 Street Closures, Detours and Barricades Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre -construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all Page 11 of 68 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. 5. At a minimum, the Contractor shall maintain two lanes of traffic on East Bound Coast Highway at all times when completing their work. Contractor will be allowed to close traffic in the NB direction on Carnation to accomplish the work. Access to businesses along Carnation shall be maintained at all times. 6. Sidewalk closures, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. The Contractor shall provide sufficient signage detouring pedestrians around all construction. 7. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure." 8. The Contractor will be required to coordinate all work with a separate City contractor (Dynalectric) working on signalization and pole relocation at the East Coast Highway and MacArthur Boulevard cross walk. See attached plan (T -6017-S, sheet 6) showing proposed traffic signalization work. 9. Before any construction begins, the Contractor shall submit a plan to maintain access to all businesses. No work will be allowed to start until City staff has had enough time to review the plan, make changes and approve the plan. It will be the Contractor's responsibility to coordinate access with each business and make special accommodations to provide access during construction. 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 Page 12 of 68 and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." Add the following Section 7-10.5 "No Parking" Signs 7-10.5 "No Parking" Signs The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Add the following Section 7-10.6 Notice to Residents 7-10.6 Notices to Residents and Businesses Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents and businesses within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents and businesses a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. Add the following Section 7-10.7 Street Sweeping Signs and Parking Meters Page 13 of 68 7-10.7 Street Sweeping Signs and Parking Meters After posting temporary "NO -PARKING -TOW AWAY" signs, the Contractor shall cover street sweeping signs and parking meters, on those streets adjacent to the construction with a "PERMIT PARKING ONLY" sign, in a manner approved by the Engineer. The contractor shall also cover all street sweeping signs on the opposite side of the street from where he has posted the "PERMIT PARKING ONLY" signs, in a manner approved by the Engineer. Immediately after construction is complete and the alley is opened to traffic, the Contractor shall remove all signs and uncover the street sweeping signs. City of Newport Beach "PERMIT PARKING ONLY" signs are available from the Engineer. Add the following Section 7-15 Contractor's Licenses: 7-15 CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess a General "A" Contractor's License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. Add the following Section 7-16 Contractor's Records/As-built Drawings: 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built" drawings. The "As -Built" shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities 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, Page 14 of 68 materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include providing bonds, insurance and financing, preparing the BMP Plan, preparing and updating a construction schedule, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents and businesses. 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 boards and changeable message signs, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach requirements. Item No. 3 Surveying Services: Work under this item shall include surveying including restoring all survey monuments and centerline ties disturbed, construction staking, and all other items as required to complete the work in place. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Item No. 4 Remove +/-5" AC/ +/-12" AB: Work under this item shall include sawcutting a neat and straight line and removing existing street section, disposing of excess material, grading, compaction and all other work items as required to complete the work in place. Item No. 5 Remove +/- 4 -Inch Thick P.C.C. Sidewalk including Access Ramp: Work under this item shall include sawcutting a neat and straight line, removing and disposing of the existing sidewalk and ramp, subgrade compaction, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 6 Remove P.C.C. Curb and/or Curb and Gutter including Depressed Curb: Work under this item shall include sawcutting a neat and straight line, removing and disposing of the existing curb and/or curb and gutter and depressed curb, including 5' wide minimum AC slot patch for work, compacting subgrade, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Page 15 of 68 Item No. 7 Remove +/- 8 -Inch Thick P.C.C. Cross Gutter: Work under this item shall include sawcutting, removing and disposing of the cross gutter and spandrels, including 5' wide minimum AC slot patch for work, subgrade compaction, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 8 Remove Tree including Root Ball: Work under this item shall include cutting, removing and disposing of existing tree including the root ball and all other work items as required to complete the work in place. Item No. 9 Remove Shrub: Work under this item shall include cutting, removing and disposing of existing shrub including the root ball and all other work items as required to complete the work in place. Item No. 10 Remove Sign and Post: Work under this item shall include removing existing sign and post and delivering to the City of Newport Beach City Yard and all other work items as required to complete the work in place. Item No. 11 Remove Street Furniture: Work under this item shall include removing existing street furniture; such as trash cans, benches, bike racks, newspaper racks, etc. and replacing (reinstalling) in accordance with the Landscape Architect's Plans and/or delivering to the City of Newport Beach City Yard and all other work items as required to complete the work in place. The Contractor shall take all necessary precautions to prevent damage to the items that are scheduled to be reinstalled. The Contractor shall take photographs of the items before removal and provide the photographs to the City to document conditions. Item No. 12 Cold Mill Asphalt Pavement: 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. 13 Construct Variable Depth (2 -Inch Thick Minimum) A.C. (C2 PG 64-10) Finish Course Overlay: Work under this item shall include placing, spreading and compaction of Variable Depth C2 PG 61-10 A.C. overlay including feathering for a smooth join to existing and all other work items as required to complete the work in place. Item No. 14 Construct 4 -Inch Thick Minimum A.C. Full Depth: This item shall include grading, subgrade and AC compacting, constructing a minimum full depth of 4" A.C. Base Course (B 64-10) allowing for a 2" A.C. Finish Course (C2 PG 61-10), tack coating, an application of an approved weed kill herbicide 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. 15 Construct 5 -inch Thick A. C. Pavement Section: Work under this item shall include, grading, compaction, constructing the street with a 3 -inch Thick A. C. Base Course of B 64-10 and a 2" A.C. Finish Course of C2 PG 61-10, tack coating, an Page 16 of 68 application of an approved weed kill herbicide and all other work items as required to complete the work in place. Item No. 16 Construct 12 -Inch Thick Crushed Miscellaneous Base: Work under this item shall include grading, compaction, constructing the street with 12 -inch crushed miscellaneous base and all other work items as required to complete the work in place. Item No. 17 Construct P.C.C. Type A Curb and Gutter (W=24"): Work under this item shall include compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter, re -chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Gutter width shall be 24 inches. Item No. 18 Construct P.C.C. Type A Curb and Gutter (W=18"): Work under this item shall include compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter, re -chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Gutter width shall be 18 inches. Item No. 19 Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include, subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk with color and score marks per Landscape Plans, and all other work items as required to complete the work in place. Item No. 20 Construct P.C.C. Access Ramp (Case H): Work under this item shall include constructing P.C.C. access ramp per City of Newport Beach Standards and all other work items as required for performing the work complete and in place. Item No. 21 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 for new work and all other work items as required to complete the work in place. Item No. 22 Replace Existing Pull Box Frame and Cover and Adjust to Grade: Work under this item shall include replacing the pull box frame and cover and adjusting as necessary for new work. 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. 23 Remove and Replace Water Meter Box and Cover and Adjust to Grade: Work under this item shall include removing and replacing the existing water meter frame and cover to grade per CNB STD -502-L or per CNB STD -503-L and all other work items as required to complete the work in place. Item No. 24 Abandon Fire Hydrant Assembly: Work under this item shall include abandoning the existing fire hydrant assembly in accord with City of Newport Beach Standards, including but not limited to salvaging the existing fire hydrant, valve, valve Page 17 of 68 box and cast Iron traffic cover and delivering to the City of Newport Beach City Yard and disposing of all other material and all other work items as required to complete the work in place. Item No. 25 Construct Fire Hydrant Assembly: Work under this item shall include installing a new fire hydrant assembly in accord with City of Newport Beach Standards, including but not limited to connecting to the existing 6" DIP water line, fire hydrant, fire hydrant bury, valve, valve box and cast Iron traffic cover, valve extension and all other work items as required to complete the work in place. Item No. 26 Furnish and Install 3 -inch x 5 -inch Rectangular Cast Iron Pipe and Adaptor to 6 -inch Round Drain Pipe: Work under this item shall include installing all pipe material including, but not limited to, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, including required round to rectangular pipe adaptor, connections to new facilities, potholing of all existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 27 Furnish and Install 4 -inch PVC, SCH 40, Drain Pipe: Work under this item shall include installing all pipe material including, but not limited to, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, 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, potholing of all existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 28 Furnish and Install 6 -inch square Grate: Work under this item shall include installing a 6 -inch square ADA compliant ADA heel proof grate (model number 4) and appurtenance as manufactured by NDS, but not limited to, exposing utilities in advance of work, excavation, temporary patching or plating, controlling ground and surface water, backfill, compaction, disposing of excess excavated materials, installing grate, PVC SCH 40 pipe, fittings and reducers, potholing all existing utilities, connections to new facilities, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work items as required to complete the work in place. Item No. 29 Install 1 -inch Water Service (1" Meter to be Installed by City): Work under this item shall include installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, taping existing water main, installation of pipe, fittings, couplings, meter box, coordination with the City to install 1" meter, potholing of all existing facilities, connections to existing facilities, removal, Page 18 of 68 abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 30 Install 1 -inch Reduced Pressure Principle Backflow (RPP) Device: Work under this item shall include installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, , installation of RPP (Febco LF825Y) including a 40 mesh wye filter or equal, pipe, fittings, couplings, meter box, potholing of all existing facilities, connections to existing facilities, capping, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 31 Paint Parking Stall Striping: Work under this item shall include installing striping, and all other work items as required to complete the work in place. Item No. 32 Paint Stop and Limit Line (Case 1): Work under this item shall include installing striping, marking and arrow per CALTRANS Standard Plans and all other work items as required to complete the work in place. Item No. 33 Paint Stop and Limit Line (Case 2): Work under this item shall include installing striping, and marking per CALTRANS Standard Plans and all other work items as required to complete the work in place. Item No. 34 Paint Crosswalk Striping: Work under this item shall include installing striping per CALTRANS Standard Plans, and. all other work items as required to complete the work in place. Item No. 35 Relocate Existing Sign to New Post: Work under this item shall include, but not be limited to, removing existing sign and post and relocate existing sign with new post at a location determined in the field by the Engineer. Existing post shall be delivered to the City of Newport Beach City Yard. All new posts shall be furnished and installed by the Contractor. Sign post shall be 2" galvanized square tubing (Qwik-Punch or Equal). Anchor shall be 2.5" square tubing (one size larger) and embedded a minimum of 30 inch below finish surface. When two signs are installed on one post, the signs shall be installed in the proper standard vertical positions unless otherwise directed by the Engineer. Regulatory, Warning and Guide signs shall be posted above parking restriction signs. The City shall determine the proper order for multiple signs. Sign panels shall not be overlapped. Item No. 36 Furnish and Install Sign and Post: Work under this item shall include, but not be limited to, installing new signs and posts at a location determined in the field by the Engineer. All new signs and posts shall be furnished and installed by the Contractor. Sign material, color, size and shape shall be per CALTRANS sign Specifications (November 2014) and City of Newport Beach requirements. Sign post shall be 2" galvanized square tubing (Qwik-Punch or Equal). Anchor shall be 2.5" Page 19 of 68 square tubing (one size larger) and embedded a minimum of 30 inch below finish surface. When two signs are installed on one post, the signs shall be installed in the proper standard vertical positions unless otherwise directed by the Engineer. Regulatory, Warning and Guide signs shall be posted above parking restriction signs. The City shall determine the proper order for multiple signs. Sign panels shall not be overlapped. Item No. 37 Install Fire Hydrant Marker: Work under this item shall include installing a blue 2 -way marker adhered to the surface with 2 -part epoxy type A & B per City of Newport Beach Standards and Requirements, and all other work items as required to complete the work in place. Item No. 38 Provide As -Built Plans (and DBE Certification if applicable). Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to a request for payment. An amount of $5,000.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as - build drawings. HARDSCAPE, LANDSCAPING AND IRRIGATION WORK (PER LANDSCAPE ARCHITECT'S PLANS) Item No. 39 Furnish and Install Irrigation Pipe Under Street: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for installing two (2)-2" Irrigation sleeves under Carnation Street, including, trenching, compacting, appurtenances and all related items to complete the work in place. Item No. 40 Furnish and Install Irrigation Wire Sleeves Under Street: Work under this item shall include, but not be limited to the cost of all labor, equipment, and material for installing one (1)-2" Communication Cable Sleeve and one (1)-4" Irrigation Wire Sleeve under Coast Highway. Included in cost shall be boring, pulling of all wires and wire cost, connecting of communications cable and cable cost, connecting communication cable, master valve and remote control and common wires to existing controller, and installing within a pullbox at project site for connections to project irrigation system components. Item No. 41 Furnish and Install Medium Broom Finish with 36" On -Center Scorelines: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for the installation of a medium broom finish with saw -cut joints at 36" on - center in two directions and all related items to complete the work in place. Item No. 42 Furnish and Install Medium Broom Finish with 24" On -Center Scorelines: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for the installation of a medium broom finish with saw -cut joints at 24" on - center in two directions and all related items to complete the work in place. Item No. 43 Furnish and Install 12" wide concrete banding in natural color with non -slip finish and all related items to complete the work in place. Page 20 of 68 Item No. 44 Furnish and Install Expansion Joints: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for the installation of expansion joints with bituminous felt material, dowels and caulking, and all related items to complete the work in place. Item No. 45 Install 24" square by 24" high Pour -In -Place Concrete Pilasters with Insets: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for the installation of pour -in-place pilasters, and all related items to complete the work in place. Item No. 46 Install 16" high Pour -In -Place Concrete Seat Walls: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for the installation of minimum 16" high pour -in-place concrete seat walls, and all related items to complete the work in place. Item No. 47 Re -Install Metal Bench: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for the re -installation of an existing metal bench, anchoring to concrete, and all related items to complete the work in place. Item No. 48 Re -Install City Bicycle Rack: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for the re -installation of an existing metal bicycle rack, including footing, and all related items to complete the work in place. Item No. 49 Re -Install City Trash Receptacle: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for the re -installation of an existing metal trash receptacle to, manufacturer's specifications, and all related items to complete the work in place. Item No. 50 Furnish and Install 1-1/4" Pressure -Regulating Valve in Box: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for the installation of the pressure -regulating valve in a box within planting area, appurtenances and all related items to complete the work in place. Item No. 51 Furnish and Install Irrigation Communication Cable and 1" Conduit: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for the installation of irrigation communication cable between the on-site pullbox containing cable from the controller, and flow sensor, within a 1" PVC SCH 40 conduit, all appurtenances and all related items to complete the work in place. Item No. 52 Furnish and Install V Master Valve in Box: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for the installation of the irrigation master valve in a box within a planting area, all connections, appurtenances and all related items to complete the work in place. Item No. 53 Furnish and Install Ball Valves in Box: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for the installation of Page 21 of 68 ball valves in boxes within planting area, appurtenances and all related items to complete the work in place. Item No. 54 Furnish and Install Quick Coupling Valves in Box: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for the installation of quick coupling valves in boxes within planting areas, appurtenances and all related items to complete the work in place. Item No. 55 Furnish and Install 10" Round Irrigation Pull Boxes: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for the installation of plastic 10" round irrigation pull boxes, wire connections or ends, appurtenances and all related items to complete the work in place. Item No. 56 Furnish and Install Low -Voltage Irrigation Wire: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for the installation of low -voltage direct -burial minimum 14 gauge irrigation wire from the on-site pullbox to the project valves, flow sensor and pullbox, appurtenances and all related items to complete the work in place. Item No. 57 Provide Irrigation Submittal Items: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for providing the engineer all submittal items as denoted within the landscape specifications. Item No. 58 Furnish and Install Irrigation System: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for the installation of heads, lateral lines, testing, appurtenances and all related items to complete the work in place. Item No. 59 Furnish and Install Remote Control Valves in Box: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for the installation of irrigation remote control valves in boxes within planting areas, connection of wires to valve and controller, correct station numbering, adjustments, proper run times for plant material at each valve, appurtenances and all related items to complete the work in place. Item No. 60 Furnish and Install 1-1/2" Schedule 40 Mainline: Work under this item shall include, but not be limited to the cost of all labor, equipment, and material for the installation of 1-1/2" irrigation mainline, schedule 80 fittings, trenching, appurtenances and all related items to complete the work in place Item No. 61 Furnish and Install 1-1/4" Schedule 40 Mainline: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for the installation of 1-1/4" irrigation mainline, schedule 80 fittings, trenching, appurtenances and all related items to complete the work in place. Item No. 62 Furnish and Install 1" Schedule 40 Mainline: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for the Page 22 of 68 installation of 1" irrigation mainline, schedule 80 fittings, trenching, appurtenances and all related items to complete the work in place. Item No. 63 Furnish and Install 3" Schedule 40 Irrigation Sleeves. Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for the installation of 3" Schedule 40 irrigation sleeves, trenching, compacting, appurtenances and all related items to complete the work in place. Item No. 64 Furnish and Install 2" Schedule 40 Irrigation Sleeves: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for the installation of 2" Schedule 40 irrigation sleeves, trenching, compacting, appurtenances and all related items to complete the work in place. Item No. 65 Furnish and Install Soil Preparation and Finish Grading: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for agronomic testing of import soil, adding and mixing of soil amendments in the soil to the specifications as denoted by the agronomic soils report, leaching, spreading of amendment over the planting areas for rototilling, rototilling amendments to a 6" minimum depth; finish grading; and all related items to complete the work in place. Item No. 66 Weed abatement: Work under this item shall include, but not be limited to the cost of all labor, equipment, and material for one (1) cycle of weed abatement and all related items to complete the work in place. Item No. 67 Furnish and Install 3 -Inch Layer of Mulch: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for the installation, transporting, delivering, storing, placing 3 -inch thick mulch, and all related items to complete the work in place. Item No. 68 Furnish and Install 20 foot Brown Trunk Height Phoenix Dactylifera Palm Trees: Work under this item shall include, but not be limited to the cost of all lab or, equipment, and material for transporting, furnishing, storing and installing 20 foot Brown Trunk Height Phoenix Dactylifera Palm trees, digging plant pits, backfilling with soil per agronomic soil testing, bracing trees for safety as necessary per City's Urban Forester, Mr. John Conway at (949) 644-3083, monitoring, and all related items to complete the work in place. Item No. 69 Furnish and Install Shrub — 5 Gallon: Work under this item shall, but not limited to, the cost of all labor, equipment, and materials for furnishing, installing 5 - gallon size shrubs, transportation, delivery, storage, placement, soil amendments, backfill, providing plant photos, and all related items as required to complete the work in place. Item No. 70 Furnish and Install Shrub — 1 Gallon: Work under this item shall, but not limited to, the cost of all labor, equipment, and materials for furnishing, installing 1 - gallon size shrubs, transportation, delivery, storage, placement, soil amendments, backfill, providing plant photos, and all related items as required to complete the work in place. Page 23 of 68 Item No. 71 Provide Ninety (90) Day Landscape Maintenance Phase: Work under this item shall include, but not limited to, the cost of all labor, equipment, and materials for manpower, fertilizers, irrigation system inspection and operation, plant materials, supervision, attending maintenance site visits, and all other items necessary to establish and maintain the landscaping for the entire maintenance period. 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: "From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid." Add to this section: `Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 - CONSTRUCTION MATERIALS SECTION 200 --- ROCK MATERIALS 200-1 ROCK PRODUCTS 200-1.1 General. Add to this section: "In accordance with the provisions of Section 20676 of the State of California Public Contract Code, it shall be mandatory upon the Contractor to whom the Contract is awarded, and upon all subcontractors and suppliers under him, to obtain all construction aggregate, sand, gravel; crushed stone, road base, fill materials, and any other mineral materials, including those used in other 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 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Add to this section: Portland Cement Concrete for construction shall be Class 560-C- 3250. Page 24 of 68 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Add to this section: Reinforcing steel shall be Epoxy Coated Grade 60 steel conforming to ASTM A 615 and A 775 with 1 -1/2 -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 a concrete structure and pipe with a quick setting grout. The Contractor shall use Sika Grout 212 a non - shrink, non-metallic grout by Sika Chemical Company as directed by the manufacturer or approved equal." SECTION 203 — BITUMINOUS MATERIALS 203-5 EMULSION -AGGREGATE SLURRY 203-5.2 Materials Replace a) with the following: "Emulsified Asphalt shall be of a quick set type. It shall be cationic unless otherwise specified and shall conform to the requirements of CQS-1 h of 203-1.3 (Test Reports and Certification), 203-3.2, and to the following specifications when tested according to appropriate ASTM Methods: Minimum Maximum Furol Viscosity at 77 degrees F sec. 15 50 Sieve Test 0.10 Residue from distillation % 60 80 Penetration of Residue at 77 degrees F 40 75 Particle Charge Test Positive Replace 2) with the following: "ADDITIVES: Latex - Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company, Inc., or equal approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 2'/z percent of weight of the emulsified asphalt. Latex - added emulsified asphalt shall be kept in a suspended state by an agitating mixer and mixed every three days. Page 25 of 68 Materials testing shall be performed as directed by the Engineer." Replace in Table 203-5.2 (B): Sand Equivalent shall range from a value of 55 to a value of 45." 203-5.3 Composition and Grading Add this Section: 'Replace Residual Asphalt percentage of Dry Aggregate Weight for Type II aggregate from a value of 7.5 minimum to 8.5 minimum." 203-6 ASPHALT CONCRETE 203-6.1 General Add to this Section: "A pre -paving meeting, in addition to the per -construction meeting, shall be held forty-eight (48) hours prior to any paving. The City's Inspector shall be notified for attendance at this meeting." 203-6.4 Asphalt Concrete Mixtures 203-6-4.3 Composition of Grading Add this Section: Asphalt Concrete for the finish course shall be C2 64-10 and B 64-10 for the base course. SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS Delete section in total and refer to Section 02810, Landscape Irrigation, Section 02900 Landscape Planting and Section 02970 Landscape Establishment and Maintenance. SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 214-6 PAVEMENT MARKERS 214-6.3 Non -Reflective Pavement Markers 214-6.3.1 General Replace the first sentence of this Section with: "All new non -reflective pavement markers types A and AY shall be ceramic." 214-5 REFLECTIVE PAVEMENT MARKERS Page 26 of 68 Add to this Section: "All new reflective pavement markers shall have glass -covered reflective faces or be 3M Series 290." PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.1 General Add to this Section: "Unless otherwise provided for in the specifications, no payment will be made for clearing and grubbing. The cost thereof shall be considered as included in the price bid for the construction or installation of the items to which clearing and grubbing is incidental or appurtenant." 300-1.3 Removal and Disposal of Materials Add to this Section: `Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://newportbeachca.gov/index.aspx?paqe=157 and then selecting the link Franchised Haulers List." 300-1.3.1 General Add to this section: "The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications for Public Works Construction except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items." 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Sawcuts shall be neatly Page 27 of 68 made to a minimum of two (2) inches .'Replace the words " 1 'Yz inch" of the last sentence with the words "two (2) inches". Add the following Section 301.5 Solid Waste Diversion 300-1.5 Solid Waste Diversion Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention." SECTION 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. 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. The Contractor shall salvage all existing frame and covers (including grade rings), meter or valve box covers that have been replaced. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718-3402. The Contractor shall contact and coordinate with Utility -owned, such as, Southern California Gas Company (SCG), Southern California Edison (SCE), AT&T, Cable television (CATV), and any other utility to have its respective existing facilities adjusted to finish grade. The Contractor shall notify each Utility -owned representative at least five (5) working days in advance of the need to commence work required prior to paving operations and again for work required after paving operations. The Contractor shall Page 28 of 68 mark all locations of Utility -owned facilities where adjustments shall be made after paving. Contract extension will not be granted due to delay in said facility adjustment." 301-1.7 Payment. Replace the third and fourth paragraphs of this section with: "Payment for adjusting to finish grade shall be considered to be included in the contract unit price for each City - owned facility adjusted and no other compensation will be allowed." SECTION 302 - ROADWAY SURFACING 302-4 EMULSION -AGGREGATE SLURRY 302-4.3 Application 302-4.3.1 General Add to this section; Type I slurry shall be applied at the rate of 9.5 pounds per square yard. Type II slurry shall be applied at the rate of 13 pounds per square yard. At all intersections where the intersecting street does not receive a slurry seal, slurry seal application shall end along a projection of the edge of gutter (or curb face if no gutter exists) of the intersecting street unless otherwise directed by the Engineer." 302-4.3.2 Spreading Replace the first sentence of the second paragraph with, "Slurry seal shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. on the same day. In case of damage done by vehicles and/or pedestrians upon slurry that has not been sufficiently cured by 3:00 p.m., the Contractor shall replace all of the damaged work at the Contractor's expense and no additional compensation shall be made by the City. Upon the completion of the day's slurry, street or parking lot shall be temporary striped. Final striping shall be installed no more than ten (10) working days after placement of slurry." Replace the first sentence of the third paragraph with, "Prior to the slurry application, the Contractor shall clean all work surfaces and remove all loose materials, vegetation, oil, and other foreign material. Additionally, all weeded locations shall be treated by an approved weed -killer before any slurry shall be applied." 302-4.3.3 Field Sampling Add this section: "Upon the Engineer's direction, the Contractor shall slurry seal test sections within the construction limits for each batch of slurry mix. The Contractor shall apply the slurry test sections as directed by the Engineer. No slurry shall be applied until the test slurry sections have been approved the Engineer. The costs of these slurry tests shall be included in the contract price paid for slurry seal and no additional compensation Page 29 of 68 shall be made by the City to the Contractor. Field samples that do not meet the requirements of Table 301-4.2.2 (A) shall be re -tested. The Contractor shall be responsible for all cost associated with the re -testing." 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General Add to this section: "All cracks Y4 -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1-Y2 inches of asphalt (finish course) shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302-5.4 Tack Coat Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one —tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.6 Curing Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201-1.1-2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6-7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements Page 30 of 68 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." 303-5.5.2 Curb Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals and water services." 303-5.5.4 Gutter Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 307 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS 307-17 TRAFFIC SIGNAL CONSTRUCTION 307-17.7 Vehicle Detectors 307-17.7.3 Inductive Loop Detectors Amend this Section to include: "Traffic signal loop detectors shall be installed per Caltrans Standard Plans ES -5A and ES -56 and shall be Type E spaced ten feet apart. Front loops shall be a 6' diameter, modified Type E per the Traffic Signal Specifications Supplemental and will be placed immediately behind the limit line/crosswalk. Loop wire shall be Type 2. Loop Sealant shall be Hot -Melt Rubberized Asphalt sealant. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days of AC pavement course placement." SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION Delete section in total and refer to Section 02810, Landscape Irrigation, Section 02900 Landscape Planting and Section 02970 Landscape Establishment and Maintenance. Page 31 of 68 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 0.25 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Page 32 of 68 Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." Add the following Section: 310-5.6.11 Pavement Markers All Pavement markers shall comply with Section 85 of the State of California Standard Specifications. Non -reflective markers shall be ceramic. All new markers shall have glass faces or be 3M series 290. SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD -902-L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." 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." Page 33 of 68 PART 6 SECTION 02810 LANDSCAPE IRRIGATION 02810-1 GENERAL 02810-1.1 Scope of Work Furnish all labor, materials, appliances, tools, equipment facilities, transportation, and services necessary for and incidental to performing all operations in connection with the installation of "Landscape Irrigation" complete, as shown on the drawings and/or described herein. Related work in other sections: Section 02900 Landscape Planting Section 02970 Landscape Maintenance 02810-1.2 Regulatory Agencies Comply with all applicable. state and local codes, ordinances and regulations. Obtain and pay for all permits and inspections required. Erect and maintain barricades, warning signs, lights and guards as necessary to protect all persons on the site as set forth by the City. 02810-1.3 Quality Assurance and Qualifications The Contractor shall obtain and pay for any and all permits and all inspections as required. Manufacturer's directions and detailed drawings shall be followed in all cases where the manufacturers of articles used in the Contract furnish directions covering points not shown in the drawings and specifications. All local, municipal and state laws and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these specifications and their provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed to conflict with any of the above rules and regulations or requirements of the same. However, when these specifications and drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, the provisions of these specifications and drawings shall take precedence. Page 34 of 68 02810-1.4 Contractor Responsibilities 1. A qualified superintendent shall be present on the site at all times during the progress of the work. The superintendent shall be fluent in the English language. 2. The Contractor shall train each person in techniques for making correct solvent and rubber gasket joints prior to their performing work on the site. 3. The Contractor shall protect work and materials from damage during construction and storage. Polyvinyl chloride (PVC) pipe and fittings shall be protected from dirt and sunlight. 4. The Contractor shall assume responsibility for damage to existing construction and shall restore damaged property to the original condition to the satisfaction of the Engineer. 5. The Contractor shall handle plastic pipe and fittings carefully and store undercover to avoid UV or other damage. Beds on which materials are stored must be full length of pipe. 'Pipe that has been damaged or dented shall not be used in work. 6. Immediately notify the Engineer in case of discrepancies. Do not proceed with installation in areas of discrepancy until all such discrepancies have been resolved. If the Contractor provides and installs material or performs work without resolving such discrepancies, the Contractor shall be fully responsible for removing, restocking and re -installation of such areas until all discrepancies are resolved to the Engineer's satisfaction. 02810-1.5 Site Safety Erect and maintain barricades, warning signs, lights and/or guards as necessary or required to protect all persons on the site as directed by the City. 02810-1.6 Explanation of Drawings Due to the scale of drawings, it is not possible to indicate all offsets, fittings, sleeves, etc. which may be required. The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc. as may be required to meet such conditions. Drawings are essentially diagrammatic and indicative of the work to be installed. The work shall be installed in such a manner as to avoid conflicts between irrigation systems, planting, and architectural features. All work called for on the drawings by notes or details shall be furnished and installed whether or not specifically mentioned in the specifications. Page 35 of 68 The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that obstructions, grade differences or discrepancies exist that might not have been considered in the irrigation design. Such obstructions or differences should be brought to the attention of the Engineer. In the event this notification is not performed, the Contractor shall assume full responsibility for any revisions necessary to correct these discrepancies. 02810-1.7 Submittals Material List: The Contractor shall furnish the articles, equipment, materials, or processes specified by name in the drawings and specifications. No substitutions shall be allowed without prior written approval the Engineer. Review of any items, alternatives or substitutes indicates only that products apparently meet the requirements of drawings and specifications on the basis of information of the samples submitted. Submittals shall be provided within ten (10) working days from the award of the Contract and be cleanly and neatly typed on the Contractor's letterhead paper. The complete material list shall be submitted prior to the starting of any work. Catalog data and full descriptive literature shall be submitted. Although equipment on the plans may be different from the examples below, the following is a guide for proper submittal format: Item No Description ManufacturerModel Size(s) 1. Remote Control Valve Griswold DW 2" 2. Pop-up Spray Head Toro 570Z NA Material list must include all irrigation materials utilized on the project including fittings, glue, primer, etc. Work schedule including coordination of electrical and water connections and the placement of material and equipment. Equipment or materials installed without the prior review of Engineer will be rejected; such materials shall be removed from the site. 02810-1.8 Substitutions The Contractor may submit proposed substitutions for equipment and materials listed on the irrigation plans in the following manner. The Contractor shall submit to the Engineer for approval on a separate sheet of Contractor's letterhead paper the following: A statement indicating the reason for making each individual proposed substitution(s). Page 36 of 68 Provide descriptive catalog literature, performance charts and flow charts as required for each item the Contractor proposes to substitute, including the sales/manufacturer's regional telephone numbers. Provide the amount of cost savings or overage if the proposed substitute item is approved. Substituted equipment or materials installed or furnished without prior approval of the Engineer may be rejected and the Contractor required to remove such materials from the site at his own expense. The Engineer shall have the sole discretion in accepting or rejecting any proposed substitution. No exception taken to any item, alternate or substitute indicates only that the product apparently meets the requirements of the drawings and specifications on the basis of the information or samples submitted. All items must meet or exceed these specifications. 1. Manufacturer's warranties shall not relieve the Contractor of his liability under the guarantee. Such warranties shall only supplement the guarantee. 2. Manufacturer's warranty is required on any product offered. 3. If, in the opinion of the Engineer, the substitution proves to be unsatisfactory, the Contractor shall remove such work and replace it with the originally specified item at the Contractor's own cost. 02810-1.9 Record Drawings The Contractor shall provide and keep up to date a complete "record" set of bond prints which shall be corrected daily and show every change from the Contract drawings and specifications and the exact locations, sizes and kinds of equipment. These drawings may also serve as work progress sheets and may be the basis for measurement and payment for work completed as deemed by the Engineer. This set of drawings shall be kept on the site and shall be used only as a record set. The Contractor shall make neat and legible annotations thereon daily as the work proceeds, showing the work as actually installed to the Engineer's satisfaction. These drawings shall be available at all times for inspection and shall be kept in a location approved by the Engineer. The Contractor shall dimension from two (2) points of reference the location of the following items. The depth of each item shall also be indicated if required by the Engineer or City. The minimum height of dimension lines and/or notes shall be .10" unless otherwise directed by the Engineer. Provide a "bar scale" on the plan. 1. Water point of connection 2. Controller Page 37 of 68 3. Backflow preventers 4. Master valve 5. Flow sensor 6. Ball valves 7. Quick coupling valves 8. Remote control valves 9. Routing of pressure main line piping, (dimension max.100' along routing) 10. Routing of control and common wire 11. Pull Boxes 12. Electrical wiring and equipment 13. Other related equipment On or before the date of the final inspection at the end of the Construction Phase, the Contractor shall deliver the corrected and completed record drawings to the Engineer. Delivery of the drawings will not relieve the Contractor of the responsibility of furnishing required information that might have been omitted from the prints compiled at the site. The Contractor shall be fully responsible for correct record drawings. 02810-1.10 Controller Charts Record drawings shall be evaluated by the Engineer before controller charts are prepared. Provide one controller chart for each controller, unless otherwise directed by the Engineer. Provide "Bar" scale on original plan prior to reducing the size. The chart shall show the area controlled by each automatic controller and shall be sized Y2" smaller than the controller door on all sides. The chart is to be a reduced drafted copy of the final record drawings. However, in the event the controller sequence is not legible when the drawing is reduced, it shall be revised and made readable prior to when the final controller chart is completed. The chart shall be at least a 30# presentation bond copy. A differing color shall be used to indicate each valve and the same color used to identify the area of coverage for Page 38 of 68 that valve. When completed and approved, the chart shall be hermetically sealed by a plastic lamination process. The plastic laminating sheets shall each be a minimum of 20 mil. thick. The charts shall be mounted using Velcro tape. Controller charts shall be completed and approved by Engineer prior to final inspection of the irrigation system. 02810-1.11 Operation and Maintenance Manuals Prepare and deliver to the Engineer within ten calendar days prior to completion of construction, hard -covered three rings binders containing the following information 1. Index sheet stating Contractor's name, address and telephone number, list of equipment with name and addresses of local manufacturer's representatives. 2. Catalog and parts sheets on every material and equipment installed under this Contract. 3. Guarantee statement 4. Complete operating and maintenance instructions on all major pieces of equipment in sufficient detail to permit operating personnel to operate and maintain the equipment. Equipment list providing the following for each item 1. Index sheet stating Contractor's name, address, telephone number and name of contact person. 2. Manufacturer's name 3. Make and model number 4. Name and address of local manufacturer's representatives 5. Spare parts list in detail 6. Detailed operating and maintenance instructions for major equipment. Provide two (2) manuals, unless otherwise directed by the Engineer. 02810-1.12 Equipment to be furnished Supply as a part of this Contract the following tools and equipment: Page 39 of 68 1. Two (2) sets of special tools required for removing, disassembling and adjusting each type of sprinkler and valve installed under this Contract. 2. Sprinklers: 1. bubbler nozzles — (5) of each type 2. low -flow nozzles —(10) of each type The above equipment shall be turned over the City at the completion of Contract work, before final observation can occur. 02810-1.13 Central Control The Contractor shall contact the central control operator for the City and verify that all equipment is operational to the operator's satisfaction. For technical assistance with central control system, contact Mr. Scott Kyle at (949) 212-8013. 02810-1.14 Product Delivery, Storage and Handling The Contractor is cautioned to exercise care in handling, loading, unloading, and storing of PVC pipe and fittings. All PVC pipe shall be transported in a vehicle which allows the length of pipe to lie flat so as not to subject it to undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded and, if installed, shall be replaced with new pipe. 02810-1.15 Guarantee The guarantee for the irrigation system shall be made in accordance with the attached form. The general conditions and supplementary conditions of these specifications, if any, shall be filed with the Engineer or his representative prior to acceptance of the irrigation system. A copy of the guarantee form shall be included in the Operations and Maintenance Manual. The beginning date of the one year guarantee shall be from the written final acceptance date established by the Engineer at the end of the Maintenance Phase. The guarantee form shown below shall be re -typed onto the Contractor's letterhead and contain the following information: GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM We hereby guarantee that the irrigation system we have furnished and installed is free from defects in materials, equipment and workmanship, and Page 40 of 68 the work has been completed in accordance with the drawings and specifications. We agree to repair or replace any defects in material, equipment or workmanship which may develop during the period of one year from the date of acceptance. We also guarantee to repair or replace any damage resulting from the defects, or the repairing or replacing of such defects at no additional cost to the City. We shall make such repairs or replacements within a reasonable time as determined by the Engineer after receipt of written notice from the Engineer. All repair work shall be completed to the satisfaction of the Engineer. In the event of our failure to make such repairs or replacements within a reasonable time after receipt of written notice from the Engineer, we authorize the Engineer to proceed to have said repairs or replacements made at our expense. We will pay the costs and charges therefore upon demand. Any temporary repairs made by others to keep the irrigation system operable, does not void or relieve the Contractor of his responsibilities during the guarantee period. PROJECT: ADDRESS: LOCATION: SIGNED: ACCEPTANCE: SIGNED: PHONE: 02810-2 MATERIALS 02810-2.1 General Use only new materials of brands and types noted on the drawings, specified herein, or approved equivalents. 02810-2.2 PVC Non -Pressure Lateral Line Pipe Non -Pressure buried lateral line pipe shall be PVC Schedule 40 with solvent -weld joints. Pipe shall be made from NSF approved, Type 1, Grade II PVC compound conforming to ASTM resin specification D1784. All pipe must meet requirements set forth in Federal Specification PS -22-70 with an appropriate standard dimension ratio. All requirements for non -pressure lateral line pipe and fittings shall be the same as that for solvent -weld pressure main line pipe and fittings. 1. Use PVC Slip Fix for lateral line repairs only. 02810-2.3 Threaded Nipples and Fittings Page 41 of 68 Threaded nipples and fittings shall be standard weight, schedule 80, with molded threads. Assemble threaded fittings using teflon tape applied to male threads only. 02810-2.4 Joint Primer Type as recommended by manufacturer of pipe. Type IPS -P-70 or equivalent for Flex hose to PVC fittings. 02810-2.5 Joint Cement Solvent type as recommended by manufacturer. 02810-2.6 Electric Remote Control Valves Electric control valves shall be of the size and type shown on the drawings. Unless otherwise noted on plan or construction details, all electric control valves shall have a manual flow adjustment. Provide and install one control valve box for each electric control valve. Provide and install Christy tags with valve sequence for each valve. Install Griswold DWS -R Series valves. 02810-2.7 Valve Boxes Electric Control Valves: Use green 12'x18"x12" deep rectangular boxes, Carson Industries #1419-12-4 with bolt down cover or approved equivalent. Pull Boxes: Pull boxes shall be 10" top diameter, 13" bottom diameter and 10-1/4" deep round box with lock bolt cover. Box shall be green in color. Identification numbers shall be branded onto the box lids in 2 inch high letters and numbers as approved by the Engineer. Vehicle traffic area boxes shall be concrete with cast-iron lid designed for vehicle traffic use. 02810-2.8 Irrigation Control Wiring Connections between the automatic controllers and the electric control valves shall be made with direct burial copper wire AWG -UF 600 volt with PVC Insulation. Pilot wires shall be red in color. Common wire shall be white in color. Wires for future use to pull boxes shall be striped, red and white, and bundled together in the controller cabinet Page 42 of 68 with plastic zip tie. Install wire in accordance with valve manufacturer's specifications. In no case shall wire size be less than #14. Wire sizes shall be 14 ga. up to 750', 12 ga. up to1200' and 10 ga. up to 2,000' from valve to controller. Wiring may occupy the same trench as proposed lateral lines and shall be installed along a separate route from existing pressure supply or lateral lines wherever possible in order to reduce the chance of damage to existing lines. All wires not buried under mainline shall be enclosed within a PVC sleeve of ample size to enclose the number of wires to be pulled through the sleeve easily. Where more than one wire is placed in a trench, the wiring shall be secured with vinyl cable ties at intervals of ten (10) feet, and placed under the pipe for protection from shovels. A minimum 24" expansion curl shall be provided within three (3) feet of each wire connection. The expansion curl shall be of sufficient length at each splice connection at each electric control valve so that in case of repairs, the valve bonnet may be brought to the surface without disconnection of the control wires. Control wires shall be laid loosely in the trench without stress or stretching of control wire conductors. All splices shall be made with Spears #DS -100 Dri-Splice Connectors with crimp sleeves and Spears #DS -300 Dri-Splice Sealant. Field splices between the automatic controller and electric control valves will not be permitted without prior approval of the Engineer. All extra valve wires and the common wire, shall extend from the controller to a pull box at the farthest valve location for future or spare wires. 02810-2.9 Automatic Controller The controller shall be an existing Rainmaster Evolution Irrigation controller connected to the City's central control system. Refer to drawings. Contact Scott Kyle and RainMaster at (949) 212-8013 for central control information and coordination. 02810-3 EXECUTION 02810-3.1 Site Conditions All scaled dimensions are approximate. The Contractor shall check and verify all site dimensions. Exercise extreme care in excavating and working near existing utilities. Contractor shall be responsible for damage to utilities that are caused by his operations or neglect. Check existing utility drawings or call utility companies for existing utility locations. Verify existing locations of utilities with Dig Alert 811. Page 43 of 68 Coordinate installation of sprinkler irrigation materials, including pipe, so there shall be no interference with utilities, other construction or planting or trees, shrubs and ground covers. No overspray shall be permitted. The Contractor shall carefully check all grades to satisfy him that he may safely proceed before starting work on the sprinkler irrigation system. Verify that the specified depths for buried materials and equipment can be maintained. Verify that landscape irrigation systems may be installed in accordance with all pertinent codes, regulations, design, reference standards and the manufacturer's recommendations. Any installation not in conformance with the above shall be removed and returned at the Contractor's expense. Grades shall be within a tolerance of +/- 0.10 foot prior to installing irrigation systems. 02810-3.2 Physical Layout The irrigation system shown as existing on plan has been derived from design documents provided by the City. Changes have been made to the site since these documents were drawn that have not be recorded or verified by record drawings. The Contractor shall use the existing irrigation systems as shown on the plans as a guide to what may be existing in the field, but by no means assume they are representing an accurate portrayal of the existing systems. The irrigation lines as indicated on the drawings are diagrammatic. All piping and equipment shall be installed within the project boundaries, even if shown outside the boundaries on the drawings. Equipment or piping shown outside the boundaries on the drawings or drawn in the street, is for design clarity only. Install all piping and equipment within planting areas. Prior to installation, the Contractor shall stake out all pressure supply lines, routing and location of sprinkler heads. Install all materials and piping to avoid conflict with trees, shrubs, and all underground utility services. Contact the Engineer immediately if obstructions prevent routing as denoted on plans. Lay out irrigation heads and make any minor adjustments required due to differences between actual site conditions and the drawings. Adjustments shall be maintained within the original design intent and only after receiving approval from the Engineer. Do not exceed the maximum or minimum spacing indicated by the manufacturer. 02810-3.3 Water Supply Sprinkler irrigation system shall be connected to water supply points of connection as shown on drawings. Connections shall be made at approximate locations as shown on the drawings. Contractor is responsible for minor changes caused by actual site conditions. Page 44 of 68 02810-3.4 Trenching Dig trenches straight to support pipe continuously on bottom of the trench. Lay pipe to an even grade. Trenching excavation shall follow layout indicated on the drawings or as noted. 1. Provide for a minimum of eighteen- (18) inches cover for all pressure supply lines. 2. Provide for a minimum of twelve- (12) inches cover for all non -pressure lateral lines. 3. Provide for a minimum of eighteen- (18) inches cover for all control wiring and flow sensor cables. 4. Provide for a minimum of twenty-four (24) inches for all sleeving from finish grades under paving and base. 02810-3.5 Backfilling The trenches shall not be backfilled until all required tests are performed. Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand or other approved materials, free from large clods of earth, stones, asphalt, concrete or other construction or organic debris such as plant refuse. Backfill shall be mechanically compacted in landscaped areas to a dry density equal to adjacent undisturbed soil in planting areas. Backfill will conform to adjacent grades without dips, sunken areas, humps or other surface irregularities. A fine granular material backfill will be initially placed on all lines. No foreign matter larger than one-half (1/2) inch in size will be permitted in the initial backfill. If settlement occurs and subsequent adjustments in pipe, valves, sprinkler heads, lawn or planting, or other construction are necessary, the Contractor shall make all required adjustments without cost to the City. 02810-3.6 Assemblies Routing of sprinkler irrigation lines as indicated on the drawings is diagrammatic. Install lines (and various assemblies), in such a manner as to conform to the details on the drawings. Install no multiple assemblies on plastic lines. Provide each assembly with its own outlet. Install all assemblies specified herein in accordance with respective detail. In the absence of detail drawings or specifications pertaining to specific items required to complete work, perform such work in accordance with the best standard practice and with the manufacturer's specifications. PVC pipe and fittings shall be thoroughly cleaned of dirt, dust and moisture before installation. Installation and solvent welding methods shall be as recommended by the pipe and fitting manufacturer. Page 45 of 68 On PVC to metal connections, the Contractor shall work the metal connections first. Teflon tape shall be used on male threads on all threaded PVC to PVC, and on all threaded PVC to brass pipe connections. Red lead and boiled linseed oil shall be applied to male threads on all galvanized pipe connections. Light wrench pressure is all that is required. Where threaded PVC connections are required, use threaded PVC adapters into which the pipe may be welded. Open pipe or tubing ends shall be taped closed during installation to prevent any foreign matter from entering the system. 02810-3.7 Line Clearance All lines shall have a minimum clearance of six (6) inches from each other and 12" from lines of other trades unless superseded by City of Newport Beach cross -connection details and codes. Parallel lines shall not be installed directly over one another. 02810-3.8 Automatic Controller All modifications to the existing controller shall be per manufacturer's specifications. Remote control valves shall be connected to controller in numerical sequence as shown on the drawings. 02810-3.9 Remote Control Valves Install valves where shown on the drawings and per details. When grouped together, allow at least twelve (12) inches between valve boxes. Install each remote control valve in a separate valve box. Align boxes with adjacent paving in a neat manner, squared to the walk and each other. 02810-3.10 Flushing of System After all new sprinkler pipe lines and risers are in place and connected, and all necessary diversion work has been completed, and prior to installation of sprinkler heads, the control valves shall be opened and a full head of water used to flush out the system. Sprinkler heads shall be installed only after flushing of the system has been accomplished. 02810-3.11 Bubbler Heads Install the bubbler heads as designated on the drawings. Bubbler heads to be installed in this work shall be equivalent in all respects to those itemized on the drawings. Spacing of sprinkler heads and/or bubblers shall not exceed the maximum as indicated on the drawings. In no case shall the spacing exceed the maximum recommended by the manufacturer. Page 46 of 68 02810-3.12 Temporary Repairs The City reserves the right to make temporary repairs as necessary to keep the irrigation system equipment in operating condition. The exercise of this right by the City shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified. 02810-3.13 Field Quality Control The Contractor shall flush clean and adjust all bubblers and sprinklers for optimum performance. If it is determined that adjustments in the irrigation equipment will provide proper and more adequate coverage, the Contractor shall make such adjustments prior to planting at the Contractor's cost. Physical changes to the system required by the Contractor shall be accomplished within five (5) days after notification by the Engineer. All bubbler/sprinkler heads shall be set perpendicular to finished grade unless otherwise designated on the plan. 02810-3.14 Testing of Irrigation System The Contractor shall request the presence of the Engineer at the intervals listed below in advance of any testing. The Contractor shall provide "walkie-talkies" for communication from the review area to the controller location. The Contractor shall provide current record drawings at each review. Before testing mainlines, fill the lines with water for a period of at least 24 hours. When the sprinkler irrigation system is completed, perform a coverage test in the presence of the Engineer, to determine if the water coverage for the planting areas is complete and adequate. Furnish all materials and perform all work required to correct any inadequacies of coverage due to deviation from plans, or where the system has been willfully installed as indicated on the drawings when it is obviously inadequate for field conditions. This test shall be accomplished before any groundcover or shrub material is planted. Upon completion of each phase of work, the entire system shall be tested and adjusted to meet site requirements to the satisfaction of the Engineer. 02810-3.15 Maintenance The entire sprinkler irrigation system shall be under full automatic operation prior to any Page 47 of 68 planting. The Contractor shall keep the irrigation system completely operational for the entire length of the Construction, Landscape Establishment and Maintenance Phases of work. 02810-3.16 Clean-up Clean up shall be made on a daily basis. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed or washed down,and any damage sustained on the work or others shall be repaired to original conditions. 02810-3.17 Final Observation Prior to Acceptance The Contractor shall operate each system in its entirety for the Engineer at the time of final observation at the end of the Maintenance Phase. Any items deemed not acceptable by the Engineer shall be reworked to the complete satisfaction of the Engineer. The Contractor shall show evidence to the Engineer that the City has received all accessories, charts, record drawings and equipment as required before the final observation can occur. 02810-3.18 Observation Schedule The Contractor shall be responsible for notifying the Engineer in advance for the following observations, according to the following time schedule. The Contractor shall be familiar with the number and type of irrigation observations necessary prior to work. Typical observations may consist of, but not be limited to the following: 1. Pre -job conference 2. Automatic controller modifications 3. Control wire installation 4. Lateral line and sprinkler installation 5. Coverage test 6. Observation to begin Plant Establishment Phase 7. Observation at end of 60 day Plant Establishment Phase 8. Final observation at the end of the Maintenance Phase 7 days 48 hours 48 hours 48 hours 48 hours 7 days 7 days 7 days In the event the Contractor calls for an observation without record drawings, without completing previously noted corrections, or without preparing the system for proper observation to the satisfaction of the Engineer, the observation may be postponed. Page 48 of 68 SECTION 02900 LANDSCAPE PLANTING 02900.1 GENERAL 02900.1.1 Scope of Work Furnish all labor, materials, equipment, transportation, and services necessary to provide and install landscape planting as shown on the drawings and described herein. Related Work Specified In Other Sections 1. Landscape Irrigation 2. Landscape Maintenance 02900.1.2 Quality Assurance and Requirements Arrange procedure for inspection of plant material with Engineer prior to work. Should the Contractor desire the Engineer to inspect the plant material at the nursery prior to delivery, the Contractor shall notify the Engineer seven (7) consecutive days prior to this requested inspection. 1. Submittal of pictures shall not be considered as a final inspection of plant material. Final acceptance or rejection of plant material shall only be considered on-site with the actual plant material being observed live. 2. Contractor shall provide photos of plants prior to delivery, and provide packaging slips at time of delivery for verification of species. 02900.1.3 Submittals Certificate of Inspection of plant material by State or Federal Authority shall be presented if requested by the Engineer. 02900.1.4 Product Delivery, Storage and Handling Deliver fertilizer to site in original unopened containers bearing manufacturer's guaranteed chemical analysis, name, trademark, and conformance to state law. Deliver plants with legible identification labels. Label trees, evergreens, bundles of containers of like shrubs, or groundcover plants. Use durable waterproof labels with water-resistant ink which will remain legible for at least 60 days. Protect plant material during delivery to prevent damage to root ball or desiccation of Page 49 of 68 leaves. The Contractor shall notify the Engineer forty eight (48) hours in advance of delivery of all plant materials and shall submit an itemized list of the plants. Storage 1. Store plant material in the shade and protect from the weather. 2. Maintain and protect plant material not to be planted within four (4) hours Handling 1. Do not drop plant materials. 2. Do not pick up container plant material by stems or trunks. 02900.1.5 Job Conditions Perform actual planting only when weather and soil conditions are suitable in accordance with locally accepted industry practice. 02900.1.6 Samples and Tests Soil sample analyses for the Irvine Avenue Median Landscape Improvements project have been included at the end of the special provisions. The Engineer reserves the right to take and analyze samples of materials for conformity to specifications at any time. Rejected materials shall be immediately removed from the site at the Contractor's own expense. The cost of testing of materials not meeting specifications shall be paid by the Contractor. 02900.1.7 Guarantee and Replacement All plant material installed under the Contract shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for a period of one (1) year for trees, and ninety (90) days for shrubs and groundcovers from the effective date of completion of the Maintenance Phase of the project as established by the Engineer. Any plant found to be dead or in poor condition due to faulty materials or workmanship, as determined by the Engineer, shall be replaced by the Contractor at his expense. Material to be replaced within this guarantee period shall be replaced by the Contractor within seven (7) days of written notification by the Engineer. Any materials found to be dead, missing or in poor condition during the Maintenance Period shall be replaced immediately. The Engineer shall be the sole judge as to the condition of the material. 02900.2 PRODUCTS Page 50 of 68 All products and quantities listed below are for bidding purposes only. The Contractor shall sample soil and have it tested at an established agronomic soils laboratory. Contractor shall then install amendments and quantities per the soil laboratory's recommendations in a manner consistent with the report. Copies of the laboratory's report shall be given to the Engineer for approval prior to any landscape work. 02900.2.1 Organic Material Organic Material Nitrolized compost, redwood or fir sawdust. Rates and fertilizers may have to be adjusted depending on the analysis of selected composts. 02900.2.2 Planting Tablets Slow-release type, containing the following percentages of nutrients by weight: 20% nitrogen 10% phosphoric acid 5% potash 21 gram tablets as manufactured by Agriform or approved equivalent, applied per manufacturer's recommendations. 02900.2.3 Top Soil Topsoil shall consist of a natural, fertile, friable, sandy loam soil possessing the characteristics of representative soils in the vicinity which produce heavy growth of crops, grasses, or other vegetation and shall be obtained from natural well drained areas. Before removal of the topsoil, the surface at the source of supply is to be stripped to a depth of two inches in order to remove weed seeds, roots, etc. Imported topsoil shall consist of either fine sand or loamy sand textured soil meeting the following specifications: Imported top soil shall meet or exceed the recommendations of the agronomic soils laboratory testing the existing soils for conformity, and to avoid problems associated with importing unlike soils. Chemistry 1. Reaction (pH) saturated paste 2. Salinity (ECe dS/m) saturation extract 3. Sodium adsorption ration (SAR) 4. Boron in saturation extract, ppm Texture: Page 51 of 68 6.0-7.6 not to exceed 3.0 not to exceed 6.0 not to exceed 1.0 Particle Size Gravel Coarse sands Silt plus clay 02900.2.4 Plant Material USDA Sieve Size (mm) Objective -%a passing 2.0>85% 0,5>75% 0.05* >35% Plants shall be in conformance with the California State Department of Agriculture's regulation for nursery inspections, rules and rating. All plants shall have a normal habit of growth and shall be sound, healthy, vigorous and free of insect infestations, plant diseases, sunscalds, fresh abrasions of the bark, excessive abrasions, or other objectionable disfigurements. Tree trunks shall be sturdy and well "hardened" off. All plants shall have normally well-developed branch systems, not sparse, irregularly spaced, thin branched or having off -balanced head. All shall have vigorous and fibrous root systems that are not root or pot-bound. The root conditions of the plants furnished by the Contractor in containers will be determined by removal of earth from the roots of not less than two plants of each species or variety. Where container -grown plants are from several sources, the roots of not less than two plants of each species or variety from each source will be inspected. In case the sample plants inspected are found to be defective, the Engineer reserves the right to reject the entire lot or lots of plants represented by the defective samples. The Engineer is the final judge of acceptability. Any plants rendered unsuitable for planting because of this inspection will be considered as samples and will be provided at the expense of the Contractor. The size of the plants will correspond with that normally expected for species and variety of commercially available .nursery stock or as specified in the drawings. The minimum acceptable size of all plants, measured before pruning with the branches in normal position, shall conform to the measurements, specified on the drawings. Plants larger in container size than specified may be used with the approval of the Engineer. But the use of larger plants will make no change in Contract price. If the use of larger plants is approved, the ball of earth or spread of roots for each plant will be increased proportionately. 02900.2.5 Rejection or substitutions All plants not conforming to the requirements herein specified, shall be considered defective and such plants, whether in place or not, shall be marked as rejected and immediately removed from the site of the work and replaced with new plants at the Contractor's expense. The plants shall be of the species, variety, size and condition specified herein or as shown on the drawings. Under no conditions will there be any substitution of plants or sizes listed on the accompanying plans, except with the expressed written consent of the Engineer. 02900.2.6 Pruning Page 52 of 68 At no time shall trees or plant materials be pruned, trimmed or topped prior to delivery. Any alteration of their shape shall be conducted only with the approval and when in the presence of the Engineer. 02900.2.7 Plant Materials Plant material shall be true to botanical and common name and variety as specified in, "A Checklist of Woody Ornamental Plants in California," Manual 32, published by the University of California School of Agriculture (1963). 02900.2.8 Nursery Grown and Collected Stock Grown under climatic conditions similar to those in locality of the project. Container -grown stock in vigorous, healthy condition not root -bound or with root system hardened off. Use only liner stock plant material that is well-established in removable containers or formed homogeneous soil sections. Substitute plant material will not be permitted without specific written approval by the Engineer. 02900.2.9 Mulch Cover All shrub planting areas shall receive a surface layer of nitrogen fortified shredded tree and plant material mulch. The mulch shall consist of "TV400" mulch as manufactured by Tierra Verde, Irvine, California, (800) 792-5983. Provide depth of 3" minimum over finish grade in general planting areas, and 1" depth within watering berm around plant base. No bare earth shall be showing through mulch cover. Curbs, walks, or other paving shall be located 1" over the top of the mulch cover. 02900.2.10 Miscellaneous Materials Sand 3. Washed plaster sand or equivalent. Herbicides 1. Pre -emergent herbicide: Ronstar or equivalent 2. Post -emergent herbicide: Round -up or equivalent 02900.3 EXECUTION 02900.3.1 Inspection Page 53 of 68 Verify that final grades have been established prior to beginning planting operations. Inspect trees, shrubs, and liner stock plant material for injury, insect infestation and trees and shrubs for improper pruning. Do not begin planting until irrigation mainline pressure test and irrigation coverage tests are accepted. 02900.3.2 Preparation Contractor shall remove all gravel debris and install appropriate soil to the acceptance of the Engineer, prior to layout of plant material for location approval. All shrubs and trees shall be placed on the ground in their original containers to have their locations approved by the Engineer. Once approved, the plant pits may be dug. No plant pits shall be dug until the locations are approved. Any plant not planted in the approved location shall be moved to the approved location, or a new plant shall be provided to be planted in the approved location. The Engineer has the sole discretion as to whether the original or a new plant shall be installed at the approved location. Minor adjustments to the locations may be required if so deemed by the Engineer after planting Do not begin excavation until plant locations and plant beds are acceptable to the Engineer. 02900.3.3 Pre -Planting Installation Plant Pits 1. Shape: Dig vertical sides and flat bottom on all pits and trenches. Plant pits to be square for box material, and circular for canned material. 2. Size: All plant pits for shrubs shall be dug twice the diameter and meet the depth of the root ball, allowing for the root crown to be a minimum of 1" above finish grade. 3. Shrub Backfill Backfill with native soil to within 12" of top of the root ball. The top 12 inches of backfill shall contain amended soil consisting of no more than 20% by volume organic matter consisting of nitrogen fortified organic amendment (compost, redwood or fir sawdust). Do not place any organic matter in backfill below the top 12 inches. Place slow release fertilizer tablets in the upper 12 inches of backfill at manufacturer's recommended rates. These materials and rates are for bidding purposes only. Actual materials and rates shall be determined by the agronomic soils report to be performed by the Contractor Page 54 of 68 with an agronomic soils laboratory. Palm Trees For field grown palms, excavate planting pits at least 24 inches wider than the rootball. The planting pit depth should not exceed the measured length from crown to bottom of rootball. The crown should not be buried. Planting palms too deep is a dangerous practice. If the palms within a stand are required to be at the same height, select palms at that height rather than adjusting in the planting pit. Organic matter should NOT be placed in the backfill. Water management during establishment is critical. The original rootball and surrounding backfill should be evenly moist for at least the first four (4) to six (6) months, but never saturated. Drenching the soil 2-3 times during establishment with a fungicide labeled for water molds is often practiced, particularly for specimen palms. The palms shall be planted by a Contractor with experience in palm tree planting. Contractor shall support the palm trees in a manner consistent with industry standards for the area. Support palms as required for public safety. The palms should be planted when soil temperatures are warm. Ideally, planting should be avoided between November and February. 02900.3.4 Final Grades After the foregoing specified deep watering, minor modification to grade may be required to establish the final grade. These areas shall not be worked until the moisture content has been reduced to a point where working it will not destroy soil structure. Finish grading shall insure proper drainage of the site. All areas shall be graded so that the final grades will be 2" below adjacent paved areas, sidewalks, and valve boxes. Eliminate all erosion scars. At time of planting, the top two (2) inches of all areas to be planted or seeded shall be free of stones, stumps, or other deleterious matter one (1) inch in diameter or larger, and shall be free from all wire, plaster, or similar objects that would be a hindrance to planting or maintenance. Finish grading shall be consistent and free from undulations, irregularities or depressions. Areas filled by floating loose soil into depressions shall be thoroughly watered to ensure compaction. 02900.3.5 Dispose of Excess Soil Dispose of unacceptable or unused excess soil off-site in a manner consistent with Page 55 of 68 local codes. Refer to Section 300 above for City Haulers. 02900.3.6 Maintenance of Final Grades It shall be the responsibility of the Contractor to maintain the final grades throughout the Construction, Plant Establishment and Maintenance Phases. All erosion shall be properly repaired at the Contractor's own cost to the Engineer's satisfaction. Any slope soil run-off onto adjacent paving areas shall be cleaned regularly by the Contractor. 02900.3.7 Planting Installation Actual planting shall be performed during those periods when weather and soil conditions are suitable and in accordance with locally accepted practice, as approved by the Engineer. Only as many plants as can be planted and watered on that same day shall be distributed in a planting area. Containers shall be opened and plants shall be removed in such a manner that the ball of earth surrounding the roots is not broken. The plants shall be planted and watered as herein specified immediately after removal from the containers. Containers shall not be opened prior to placing the plants in the planting area. 02900.3.8 Weed Control After soil preparation and establishment of final grades prior to any planting, the Contractor shall irrigate thoroughly for a period of time, two to three weeks, until the weed seeds have germinated. When there is sufficient weed seed germination, the Contractor shall apply a post -emergent contact herbicide according to the directions of the manufacturer, conforming to any and all codes affecting herbicide handling and use. The Contractor shall then wait an additional two (2) weeks to allow the herbicide to dissipate, then plant as indicated in the plans and specifications. The Contractor shall remove any residual foliage. Roots shall be removed except on slopes 2:1 or greater where they shall remain to add to the slope's stability. 02900.3.9 Lay -out of Major Plantings Locations of plants to be planted shall be approved by the Engineer before any plant pits are dug. Plants shall be located within their original containers on site and have their locations approved by the Engineer prior to any plant pits being dug. Plant tabs shall be placed on the top of each container at this time for easy verification of the number of plant tabs to be used on each plant. If an underground construction or utility line is encountered in the excavation of planting areas, notify the Engineer immediately to clarify if the utility line is dangerous. Other Page 56 of 68 locations for planting may be selected by the Engineer. 02900.3.10 Planting of Shrubs Excavation for planting shall include the stripping and stacking of all acceptable topsoil encountered within the areas to be excavated for trenches, tree holes, plant pits and planting beds. Excess soil generated from the planting holes and not used as backfill or in establishing the final grades shall be removed from the site in a manner consistent with all local codes. Protect all areas from excessive compaction when trucking plants or other materials to the planting site All excavated holes shall have vertical sides with roughened surfaces. 1. Center plant in pit or trench. 2. Face plants with fullest growth into prevailing wind, unless otherwise directed by the Engineer 3. Set plants plumb and hold rigidly in position until soil has been tamped firmly around root ball. 4. All plants which settle deeper than specified above shall be raised to the correct level. After the plant has been placed, additional backfill shall be added to the hole to cover approximately one-half of the height of the root ball. At this stage, water shall be added to the top of the partly filled hole to thoroughly saturate the root ball and adjacent soil. 02900.3.11 Can Removal Cut cans on two sides with an acceptable can cutter. Do not injure root ball. Do not cut cans with a spade or ax. 02900.3.12 Planting of Plant Material Carefully remove plants without injury or damage to the root ball. After removing the plant, superficially cut edge -roots with a knife on three sides. Hand backfill and hand tamp leaving a slight depression around bases of plants. Backfill the remainder of the hole Planting tablets shall be set with each plant on the top of the root ball whole the plants Page 57 of 68 are still in their containers so the required number of tablets to be used in each hole can be easily verified. 1. After backfilling, an earthen basin shall be constructed around plants as follows: 2. Each basin shall be of a depth sufficient to hold at least two (2) inches of water 3. One -gallon plants shall have a basin not less than eighteen (18") inches in diameter. 4. Five -gallon plants shall have a basin not less than twenty-four (24") inches in diameter. 5. Palms shall have a basin as determined above. 6. Pruning shall be limited to the minimum necessary to remove injured twigs and branches and to compensate for loss of roots during transplanting, but never to exceed one-third of the branching structure. 02900.3.13 Clean-up After all planting operations have been completed; remove all trash, excess soil, empty plant containers and rubbish from the property. All scars, ruts or other marks in the ground caused by this work shall be repaired and the ground left in a neat and orderly condition throughout the site. The Contractor shall pick up all trash resulting from this work at the end of each working day. All trash shall be removed completely from the site throughout the entire Contract length to the satisfaction of the Engineer. The Contractor shall leave the site area broom -clean and shall wash down all paved areas within the Contract area, leaving the premises in a clean condition throughout the Construction Phase to the satisfaction of the Engineer. 02900.3.14 Observation Schedule The Contractor shall be responsible for notifying the Engineer in advance for the following observations, according to the following time schedule. The Contractor shall be familiar with the number and type of planting observations necessary prior to work. Typical observations may consist of, but not be limited to the following consecutive calendar day schedule: 1. Pre -job conference 7 days 2. Plant material inspection 7 days 3. Plant material layout/approval 7 days 4. Final planted locations 7 days Page 58 of 68 5. End of Construction punch list 7 days 6. End of Landscape Establishment phase punch list 7 days 7. End of Landscape Maintenance Phase Punch list 7 days 8. Final observation at the end of the Maintenance Phase 7 days In the event the Contractor calls for an observation without record drawings, without completing previously noted corrections, or without preparing the system for proper observation to the satisfaction of the Engineer, the observation may be postponed. SECTION 02970 LANDSCAPE ESTABLISHMENT AND MAINTENANCE 02970.1 GENERAL 02970.1.1 Scope of Work Furnish all labor, materials, transportation, and services necessary to provide landscape maintenance to the project as described herein. Related Work Specified In Other Sections 1. Landscape Irrigation 2. Landscape Planting 02970.1.2 General Maintenance The length of the plant establishment and maintenance period shall be ninety (90) consecutive calendar days. A punch -list walk shall be conducted at the end of the ninety (90) day plant establishment period. Maintenance of plant materials shall include, but not be limited to trimming, pruning, watering, fertilization, weed control, cultivation, pest control and clean up. The Contractor shall keep the site in a state of perpetual growth and repair. Irrigation maintenance shall include periodic operation of the system, adjustments, and minor repairs as necessary. All hardscape shall be kept clear of debris from the maintenance operations, erosion, run-off, irrigation, or wind blown debris. Clean up of walks shall be the Contractor's responsibility. Street gutters shall be included within the debris/siltation removal program. The Contractor shall provide a general clean-up operation at least once a week, in addition to the daily clean-up operation, for the purpose of removing trash or debris Page 59 of 68 which may accumulate from the use of the area, wind blown debris, or other refuse. Regular site meetings with the City will be required to ensure establishment and maintenance compliance. All personnel on the project shall be well trained, clean, neat at all times, and be conversant with these specifications. All work shall be performed in accordance with the best landscape maintenance practices and in keeping with the high aesthetic level of the facilities being maintained. Contractor shall be responsible for removing all weeds in joints of sidewalks, curbs, and hardscape throughout the project. All landscape areas shall be patrolled weekly to check for vandalism damage, broken tree branches, rodents, insects, pests, and diseases. 02970.1.3 Water management: 1. Water only as required to allow penetration into the soil and avoid excess run-off. Once plant material is established, water only as needed to maintain healthy plant material. Use "soak & cycle" measures if necessary to avoid surface runoff and allow for percolation between run times. 2. Avoid water waste by setting controllers appropriately for the current season and weather. Contact Rainmaster for coordination. 3. Water management for Palm trees during establishment is critical. The original rootball and surrounding backfill should be evenly moist for at least the first 4-6 months, but never saturated. Drenching the soil 2-3 times during establishment with a fungicide labeled for water molds is often practiced particularly for specimen palms. Once the tree is well established, dedicated irrigation can be removed or capped off. Avoid blocking the clear view of signs, illumination of light fixtures or views of pedestrians and/or vehicles.. Safety of users shall be a prime goal of maintenance especially in regard to trimming of shrubs away from walkways and/or structures. The Contractor, at his own expense, shall immediately replace all plant material that has failed during the Plant Establishment and Maintenance Phase. 02970.1.4 Quality Assurance Work Force: 1. The Contractor's representative shall be experienced in landscape maintenance and shall have received an education in ornamental horticulture. The Contractor shall give his personal supervision to the Page 60 of 68 work or shall have a competent foreman on the job site at all times during progress of the work. 2. The Contractor shall provide and maintain a current list of emergency telephone numbers for 24-hour emergency response. The Contractor shall initiate remedial action within two (2) hours from the time of notification. 02970.1.5 Start of the Landscape Establishment and Maintenance Phase: The 90 -day Landscape Establishment and Maintenance Phase shall not start until all elements of construction, planting, and irrigation for the entire project are complete and accepted by the Engineer. The Contractor shall request an inspection to begin the Landscape Establishment and Maintenance Phase after all planting and related work has been completed in accordance with the Contract documents and accepted by the Engineer. If such criteria are met to the satisfaction of the Engineer, a field notification shall be issued to the Contractor from the Engineer, to establish the effective beginning date of the Phase. The Engineer has the ultimate authority in setting the beginning date for the Landscape Establishment and Maintenance Phase. 02970.1.6 Guarantee and Replacement All plant material installed under the Contract shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for a period of one year. This guarantee shall begin from the date of final acceptance at the end of the Plant Establishment and Maintenance Phase as established by the Engineer. Any plant material found to be dead, missing or in poor condition as determined by the Engineer, shall be replaced by the Contractor at his expense. Any materials found to be dead, missing, or in poor condition as determined by the Engineer, during the Plant Establishment and Maintenance Phase shall be replaced immediately, not at the end of the Phase prior to inspection. The Engineer shall be the sole judge as to the condition of material. Material to be replaced within the guarantee period shall be replaced by the Contractor within seven (7) days. 02970.1.7 Final Project Submittals Prior to the date of the final inspection at the end of the Landscape Establishment Phase, the Contractor shall deliver a bond copy of the red -lined site 'Record" drawing of the project to the Engineer. Prior to the date of final inspection at the end of the Landscape Maintenance Phase, the Contractor shall deliver to the Engineer the "Landscape and Irrigation Guarantee" as required. All other submittals as incorporated in the Irrigation and Planting Specifications shall also be completed prior to the final acceptance by the Engineer. Page 61 of 68 02970.1.8 Maintenance All areas shall be kept free of debris and all planted areas shall be weeded and cultivated at intervals of not more than seven (7) days. Watering, rolling, edging, trimming, fertilization, spraying and pest control, as may be required, shall be included in the maintenance period. The Contractor shall be responsible for maintaining adequate protection of the entire project area. Damaged areas caused by erosion, tire damage, pests or other damage as deemed by the Engineer shall be repaired at the Contractor's expense. All sidewalks, paved areas and other areas adjacent to the planting areas shall be cleaned of all debris, soil, or other materials at intervals of not more than seven (7) days. 02970.1.9 Shrub Care Watering 1. Maintain a large enough water basin around plants in planting areas so that enough water can be applied to establish moisture through the major root zone. When hand -watering, use a water wand to break the water force. Use mulches to reduce evaporation and frequency of watering. Pruning 1. Shrubs shall not be clipped in balled or boxed forms. 2. All cuts shall be made to lateral branches or buds or flush with the trunk. Stubbing will not be permitted. 3. Remove any spent blossoms or flower stalks after flowering. 4. Shrubs shall be individually thinned, cleaned and trimmed using hand shears. 5. Refer to "Special Provisions" section for root pruning specifications. 02970.1.10 Weed Control Keep basins and areas between plants free of weeds. Use recommended legally approved pre -emergent herbicides and removal by hand methods. Avoid frequent soil cultivation that destroys shall roots. Use mulches to help prevent weed seed germination. Avoid post -emergent herbicides in groundcover areas where overspray may kill young rooted cuttings. 02970.1.11 Insect Control Maintain a reasonable control with approved materials and methods that are legally accepted in the area. Page 62 of 68 02970.1.12 Disease and Pest Control The Contractor shall be responsible to control all diseases and pests during the Establishment and Maintenance Phases. All disease and pest control materials and methods shall be at the direction of a licensed pest control operator. The Engineer shall be made aware of all methods and materials to be used for disease and pest control. The Contractor shall implement the control measures exercising extreme caution in using pesticides and taking all necessary steps to ensure the safety of the public. 02970.1.13 Fertilization Fertilize all planting areas with the following materials. This specification is for bidding purposes only. Refer to agronomist's report for actual materials, rates and frequency of fertilizations. 1. Tree and shrub plantings can be fertilized by uniformly broadcasting sulfur coated urea at the rate of 5 lbs. per 1000 sq. ft. The first application should occur approximately 90 days after planting with repeat applications every 120 days. Follow each fertilization with a thorough irrigation. When plants have become well established, fertilizer applications can be less frequent. 02970.1.14 Irrigation System The Contractor shall check all systems for proper operation a minimum of once a month. Lateral lines shall be flushed out after removing the last sprinkler head or two at each end of the lateral as deemed necessary, all heads are to be adjusted as necessary. Coordinate with the City and Rainmaster to program central control automatic controllers for seasonal water requirements. The Contractor shall adjust his watering schedule equal to the application rate each area is capable of receiving based on topography, soil type, plant material, season, and weather. Give Engineer a key to controllers and instructions on how to turn off the system in case of emergency. Repair all damages to the irrigation system at the Contractor's expense. Repairs shall be made within one watering cycle. All replaced equipment shall match the equipment specified on the plans and specifications. 02970.1.15 Final Acceptance The Contractor shall be aware that the landscape shall be in a vigorous and thriving condition prior to final acceptance. All plant material which may still be under stress from the Construction Phase shall at this time be rejected and replaced by healthy and vigorous plant material prior to final acceptance to the Engineer's satisfaction. All plant material shall have new growth trimmed neatly, and all hardscape shall be cleaned prior to final acceptance. Page 63 of 68 CONSTRUCTION NOTES n7 REMOVE AND SALVAGE TYPE 332 CABINET. REMOVE FOUNDATION COMPLETELY. RELOCATE ETHERNET SWATCH TO NEW CONTROLLER CABINET LOCATION. REMOVE AND SALVAGE REMAINING EQUIPMENT. Q2 REMOVE AND SALVAGE EXISTING TYPE III -BF SERVICE CABINET COMPLETELY. F3 FURNISH AND INSTALL NEW NEMA TYPE P CABINET COMPLETE WITH NEW ECONOUTE ASC/3-2100 CONTROLLER, CONFLICT MONITOR, SHELF MOUNTED DETECTOR RACKS, EMERGENCY PREEMPTION, AND FIBER PATCH PANEL MAKE ALL NECESSARY CONNECTIONS TO PROVIDE THE INTENDED OPERATION SHOWN ON PLAN. ® REMOVE AND SALVAGE EXISTING TRAFFIC SIGNAL HEAD COMPLETE INSTALL NEW TRAFFIC SIGNAL HEAD(S) AND MOUNTING ON EXISTING TRAFFIC SIGNAL POLE. ❑5 INSTALL CALTRANS TYPE D BICYCLE LOOP DETECTOR. © REMOVE EXISTING 6-SMFO DROP CABLE FROM PULL BOX TO CABINET. FURNISH AND INSTALL 6-SMF0 DROP CABLE IN MICRODUCT TO NEW CABINET LOCATION. FUSION SPUCE TWO(2) STRANDS OF MAINUNE SMFO CABLE TO TWD(2) STRANDS OF NEW DROP CABLE n7 FURNISH AND INSTALL BATTERY BACKUP SYSTEM IN SEPARATE ENCLOSURE PER CITY SPECIFICATIONS. MOUNT ONTO NEW NEMA TYPE P CABINET. ® FURNISH AND INSTALL LOOP DETECTORS PER CITY STANDARDS. SEE SPECIAL PROVISIONS. ` 2-08' 99 REMOVE AND SALVAGE EXISTING TRAFFIC SIGNAL POLE AND ALL MOUNTED EQUIPMENT. REMOVE FOUNDATION COMPLETELY. `. 10 FURNISH AND INSTALL SIGN(S) AND/OR POST AS NOTED.2 L00 11 REMOVE AND SALVAGE EXISTING PEDESTRIAN SIGNAL HEAD COMPLETE 12 RECONSTRUCT CURB RAMP PER CITY STANDARD STD -181-L. \ 13 INSTALL TRUNCATED DOMES PER CIN STANDARD STD -181-L \ ® FURNISH AND INSTALL OP11COM 722 SERIES DETECTOR. 15 REMOVE AND SALVAGE BIKE PUSH BUTTON ASSEMBLY. FURNISH AND INSTALL NEW \ BIKE PUSH BUTTON PER CITY SPECIFICATIONS. 16 FURNISH AND INSTALL 3" CONDUIT WITH SERVICE CONDUCTORS. 17 INSTALL 17"X30"X24" EDISON HAND HOLE. 1B REMOVE AND SALVAGE EXISTING PEDESTRIAN SIGNAL HEAD COMPLETE. FURNISH AND INSTALL NEW PEDESTRIAN SIGNAL HEAD AND MOUNTING ON EXISTING POLE 19 REMOVE AND SALVAGE EXISTING PEDESTRIAN PUSH BUTTON ASSEMBLY. FURNISH AND INSTALL NEW PEDESTRIAN PUSH BUTTON PER CITY SPECIFICATIONS. ® INSTALL "BIKE LANE" LEGEND AND ARROW. 21 FURNISH AND INSTALL NEW TYPE II -B SERVICE CABINET PER CITY STANDARDS MOUNT ONTO NEW NEMA TYPE P CABINET. ® REMOVE AND SALVAGE EXISTING SIGNS) AS NOTED ON STREET LIGHT POLE ® REMOVE AND SALVAGE EXISTING SIGN(S) AS NOTED ANO/OR POST. ® . NOT USED W1 -QR , R13-1(20) , EX. ii -C, NSTALL 2 -DLC ( ' I N SIMULTANEOUS DETAIL "A• / © FURNISH AND INSTALL SIGN(S) AS NOTED ON STREET LIGHT POLE OR SIGNAL POLE. (N0 Scale) / ® CONTRACTOR SHALL COORDINATE WITH SCE 3 ® RECONSTRUCT RAMP PER CALTRANS STANDARD PLAN A88A, CASE F. EX i}'C EX. R/W , - ® RELOCATE BIKE RACK (BY OTHERS). 48-SMFO, 1-510„ „ r ® RELOCATE EXISTING CCTV CAMERA ONTO POLE EX. TOURIST SIGN EX. R28(S)(CA)- f fo �N —^' RW O _ cn fo •-EX. W7 _ f — _____ -___ ___ 5' ____ —to c=� __im4r__ --------------- ______ --------- __-___ __________ SO -- - 3; rig 3 LOOPS—� L8 3OOP _ -'----"1-__'- -1 -------- 1-06 - i - INSTALL 3 -DLC IN EX -ITC. �i 2-06 -_- '� EX. R32(CA) (MOD)(►) '•, 3-06 '1 -C--- EX. R/W EX COMMERCIAL VEH PROHIBITED U Q m ECR a 0 A RAPHIC SCALE IN FEET 0 10 20 40 EX. 1}' C,JI MOUNT AT 1T—/ 48-SMFO7-510 EAST COAST HIGHWA -- 1 _ - - - R3-4 POLE SCHEDULE POLE DATA SIGNAL LUMINAIRE POLE SIGNAL MOUNTING PPB BPB I,I.S.N.S LEGEND** NOTES No TYPE JHEIGHTI MA MA LED* A B POLE MA PED 0 ARROW 0 ARROW A 1575 30' - 15' 120W 1.5' 3.5' SV -1-T - SP -I -T 2 —► - - - B 1-A(E) 10'(E) - - - EXISTING TV -2-T - - - - y C 61-5-100 30' 60' 15' 120W SEE PLAN 5' SV -2 -TA 3MAS - - - - - MacArthur D 17-3-100 30' 20' 15' 120W SEE PLAN 3' SV -2 -TA MAS -4B SP -1-T 8 �-- - - Coast Hwy SIMROTATE LUM. M.A. Our FACE ILSN.S PANEL OE 24-4-100 30' 35' 75' 120W 72' 6.61 SV -1-T 2M AS G 0 SCALE 1•-20' 25' LEGEND 4-06 IN EX. 1}"C. 14 LOOPS ff 1 1 BEGONIA AVE I4-06 5-06T C I 0 MODIFIED TYPE E DETECTOR LOOP V FIBER OPTIC SPLICE VAULT C+C__'. EXISTING CCN CAMERA t� RELOCATED CCN CAMERA FUTURE CURB 7-/,rRAMP DY OTHERS F EX. R7-1 EX. R/W LEX R3-2 1 2"C, � \,EX 1Y2"C, Sic `\\ \\ / 2 LOOPS kv M \ ALL EQUIPMENT IS NEW INCLUDING ALL MOUNTING BRACKETS, HARDWARE AND FRAMEWORK UNLESS NOTED. \ (E) EXISTING { \ % CITY -FURNISHED FIXTURE SHALL BE BISHOP'S CROOK LED PENDANT MANUFACTURED BY SPRING CITY ELECTRICAL MANUFACTURING COMPANY. 1.1-S.N.S. SHALL BE EDGE -UT LED AND FURNISHED WITH CUSTOM SIGN PANELS PER SPECIAL PROVISIONS. SIGN PANEL SHALL BE APPROVED BY CITY PRIOR TO FABRICATION. \\ \ NEW LUMINAIRE ARMS SHALL BE FURNISHED FIR GREEN IN COLOR. LUMINAIRE ARMS ON REUSED EXISTING POLES SHALL BE PAINTED IN PLACE FIR GREEN IN COLOR. FIR GREEN COLOR CODE - RAL6009 (PL -MG). CITY -FURNISHED DECORATIVE SCROLLS SHALL BE INSTALLED AT EACH LUMINAIRE LOCATION PER THE MANUFACTURER'S SPECIFICATION. OI' l /\-MOUNT kT, 17' 1 ® EX. R3-181 EX. 08 EVP - 'r' R73-6(CA)- 4 LOOPS II —DETAIL "%" J ft HASHING OPERATION SHALL PHASE f2 DIAGRAM a�SJSY 03 �O�J� f4 f5 06 f7 08 SV -1-T SP -1-T 8 - MacArthur O 1-A(E) 7'(E) _ _ _ EXISTING - - TP -1-T 2 —► 8 � - \ ALL EQUIPMENT IS NEW INCLUDING ALL MOUNTING BRACKETS, HARDWARE AND FRAMEWORK UNLESS NOTED. \ (E) EXISTING { \ % CITY -FURNISHED FIXTURE SHALL BE BISHOP'S CROOK LED PENDANT MANUFACTURED BY SPRING CITY ELECTRICAL MANUFACTURING COMPANY. 1.1-S.N.S. SHALL BE EDGE -UT LED AND FURNISHED WITH CUSTOM SIGN PANELS PER SPECIAL PROVISIONS. SIGN PANEL SHALL BE APPROVED BY CITY PRIOR TO FABRICATION. \\ \ NEW LUMINAIRE ARMS SHALL BE FURNISHED FIR GREEN IN COLOR. LUMINAIRE ARMS ON REUSED EXISTING POLES SHALL BE PAINTED IN PLACE FIR GREEN IN COLOR. FIR GREEN COLOR CODE - RAL6009 (PL -MG). CITY -FURNISHED DECORATIVE SCROLLS SHALL BE INSTALLED AT EACH LUMINAIRE LOCATION PER THE MANUFACTURER'S SPECIFICATION. OI' l /\-MOUNT kT, 17' 1 ® EX. R3-181 EX. 08 EVP - 'r' R73-6(CA)- 4 LOOPS II —DETAIL "%" J ft HASHING OPERATION SHALL PHASE f2 DIAGRAM a�SJSY 03 �O�J� f4 f5 06 f7 08 BE ALL RED.fo1-02 SEF 12 � ` 7 4 � tto EXE K -�tD 8' 028 _ 5-02 12• ----- - ------------------ ------------ ` ---- 48-SMFO, 1-510 7 I IX R6 -11J HIS 02 � 4 R9-3 -i--R3-4 (� 02 I 7 .00PS ❑8 -�. --;-E%. R4-7 R�3-4 11 IX. TYPE K R4-7, OM1 -3 _�_ 4 -02 ------------------- \AR EX. R9 -3a' u6. 1 EX. R9-3bP EX. 06 EVP VAR TV oa. t 2 12' r R9-3 SEX. R3-4 9 � EX 119-3,1132A(CA)1 MOD(-►) 22' 42' INSTALL 2"C., WITH 8-SMFO DROP 'Pik LL IN MICROOUCT EX 11/2"C, 6-SMFO, 1-510 RWM 3 -DLC IN EX. 1 CONDUCTOR SCHEDULE AWG SIZE POLE SIGNAL P No. 0 PBB 1 2 3 4 5 Q6 12CSC A 2P,8 2/- VEH-PED B 1,2 -/2 - _ - _ - _ >I- 1 1 1 C 1,6,8 -/- jil _D6,B,8PB/-CSCE2,6,2P8/-1PPBFBP2/82 TOTALCABLES 2 3 7 8 01 2 2 - - 2 2 02,028 - - - - 6 8 DLC 06 5 5 - - 5 5 08 - - 5 S 5 5 TOTAL 7 7 5 S 18 18 EVP CABLE (MODEL 138 CABLE) - - - 1 3 3 10 LUMINAIRE 2 2 - 2 2 2 12 I.I.S.N.S. 2 2 - 2 2 2 52 SERVICE - - - - - - 54 SERVICE - - - - - - 6-SMFO DROP CABLE IN MICRODUCT - 510 GREEN WIRE - CONDUIT SIZE 3" 4" "(E "(E -Y( z -s• PERCENT FILL EX. R/W ALL WNUVIIJ ArvD OVNVVQIUKJ ANU GABLES ARE NEW UNLESS OTHERWISE NOTED (E) EXISTING. CONDUCTORS IN POLES AND MAST ARMS SHALL BE INSTALLED/REPLACED NEW. EX. EM -7a (E�X(. 128(S)(CA) INSTALL 3 -DLC IN EX. 1}"C, - I (R) 15 13 30 21 31 18 IX R4-4 W IS 2 S r' �----- �� _.,/ `� 230• _ _ ' 2-02 3 LOOPS FUTURE CURB BY OTHERS 1-02 ` - _ - W 3 LOOPS _ DIRECTIONAL SIGN, Iy ~s` � SNS, EX. R2-1(35) _ EX. 11'C, � __ � 1 EX, R32A(CA (MOD) (48-SM FO, 1510 W CURB CARNATION AVE -CAP13-0017 G5418