HomeMy WebLinkAboutC-5891 - Cameo Shores Pavement ReconstructionNovember 22, 2017
All American Asphalt, Inc.
Attn: Michael Farkas
400 E. Sixth Street
Corona, CA 92879
Subject: Cameo Shores Pavement Reconstruction — C-5891
Dear Mr. Farkas:
CITY OF NEWPOPT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1 949-644-3039 FAx
newportbeachca.gov
On November 22, 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 November
23, 2016 Reference No. 2016000593847. The Surety for the contract is Fidelity and
Deposit Company of Maryland and the bond number is 7649365. Enclosed is the
Faithful Performance Bond.
Sincerel ,
Leilani I. Brown, MMIC
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. 7649365
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 13,285.00 , 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 hereinafter designated as the "Principal," a contract for The work
necessary for the completion of this contract consisting of: (1) distributing construction
notices to affected residents; (2) construction surveying; (3) removing existing
pavement, curb and gutter, curb access ramps; (4) removing and reconstructing
roadway; (5) constructing curb, curb and gutter, sidewalk, and curb access ramps; (6)
adjusting City utility and survey facilities to grade; (7) installing truncating domes, traffic
striping and pavement markings; (8) coordinating with outside utility owners to have
their facilities raised to grade; (9) potholing to identify existing utility lines; (10) removing
existing hardscaping, storm drain pipe, pavement and landscape as needed for contract
work; (11) constructing storm drain diversion structures including 6 -inch pipe, diversion
structure and catch basin; and (12) other incidental items to be completed in work
places 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 Three Million Three* Dollars and 00/100
($3,363,363.00 ) 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.
*Hundred Sixty Three Thousand, Three Hundred Sixty Three
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
Page B-1
same, in an amount not exceeding the sum specified in this Bond; otherwise this
obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by 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 10th day of May 1/1 ,2016 .
All American Asphalt-'���C_
Name of Contractor (Principal) Authorize SignaWre/Title
C-dwa�d S.CMswV.,t t'rreck�i
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 ATT07NEY'S OFFICE
Date: fro o//%6
Aaron C. Harp '^"^ nel$tl Q
City Attorney
8 6 _
Rebecca Haas -Bates, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Page B-2
"Please See Attached"
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
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)
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. accuracy or validitv of that document.
State of California
County of RiVerSide
On 05/23/2016 before me, Rebecca Angela Parra, Notary Public
Date Here Insert name and Title of the officer
personally appeared Edward J. Carlson
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person(&) whose name(a) is/are subscribed to the within instrument
and acknowledged to me that he/eheAl4ey executed the same in
his/he0heiP authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(&), or the entity upon behalf
REBECCA ANGELA PARRA 'of which the person(s) acted, executed the Instrument.
Commission # 2024944
a °„Q
Z . Notary Public - California z I certify under PENALTY OF PERJURY under the laws of the State of
Riverside County n California that the forgoing paragraph is true and correct.
My Comm. Expires May 17, 2017
WITNESS my his an official) seal.
Signature�j/„��ir.
Place Notary Seal Above Sgnalu of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to person relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document Performance Bond No. 7649365
Document Date: 05/10/2016 Number of Pages: Three (3)
Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland
Capacity(les) Claimed by Signer(s)
Signer's Name: Edward J. Carlson Signer's Name:
o Individual o Individual
X Corporate Officer —Title(&): Vice President ❑ Corporate Officer—Title(s):
❑ Partner 0 o Limited o General o Partner O o Limited o General
❑ Attorney in Fact ❑ Attorney in Fact
❑ Trustee Top of thumb here Top of thumb here
❑ Trustee
o Other: ❑ Other:
Signer is Representing:
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 05/10/2016 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 name4 is/are
subscribed to the within instrument and acknowledged to me that Wshe/they executed the same in
hisfher/their authorized capacity(L*, and that by his4her/ftir signature4on the instrument the person(*,
or the entity upon behalf of which the persons) acted, executed the instrument.
-----------------
R. PARAMO
Commission M 2035890
Notary Public - California
Z Orange County
M Comm. Ex fres Aug5 2017
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is
WI ESS my hon nd is I sea.
\ Signature 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. 7649365 Document Date: 05/10/2016
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 IRAttorney 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:
nG' \✓i`qC v5`�<\?'il✓.GLvi\✓G\vG\_!C\.•�i \%i- +%G\u0., �'G✓
Q� • •• •v �. . • ..� err\ iia. i\i
PRF7649365
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 -Bales 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 loth day of may , A.D. 2016
By.
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 loth day of May 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 swam, 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.
,vpurrG
Alli? i •` -- �"'r�tiA.� Q .�
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 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
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 TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 10th day of May 2078
�o otrai�
Thomas O. McClellan, Vice President
January 27, 2017
All American Asphalt, Inc.
Attn: Michael Farkas
400 E. Sixth Street
Corona, CA 92879
Subject: Cameo Shores Pavement Reconstruction C-5891
Dear Mr. Farkas:
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1 949-644-3039 FAX
newportbeachca.gov
On November 22, 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
November 23, 2016, Reference No. 2016000593847. The Surety for the bond is Fidelity
and Deposit Company of Maryland and the bond number is 7649365. Enclosed is the
Labor & Materials Payment Bond.
Sincerely,
4JU
4 A�__
Leilani I. Brown, MMC
City Clerk
Enclosure
Oremium is included in the performance bond
.xecuted in: 2 Counterparts
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. 7649365
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
All American Asphalt hereinafter designated as the "Principal," a contract for the work
necessary for the completion of this contract consisting of: (1) distributing construction
notices to affected residents; (2) construction surveying; (3) removing existing
pavement, curb and gutter, curb access ramps; (4) removing and reconstructing
roadway; (5) constructing curb, curb and gutter, sidewalk, and curb access ramps; (6)
adjusting City utility and survey facilities to grade; (7) installing truncating domes, traffic
striping and pavement markings; (8) coordinating with outside utility owners to have
their facilities raised to grade; (9) potholing to identify existing utility lines; (10) removing
existing hardscaping, storm drain pipe, pavement and landscape as needed for contract
work; (11) constructing storm drain diversion structures including 6 -inch pipe, diversion
structure and catch basin; and (12) other incidental items to be completed in work
places 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 Three Million Three* Dollars and 00/100
($3,363,363.00 ) 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. 'Hundred Sixty Three Thousand, Three Hundred Sixty Three
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
Page A-1
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as
required by the provisions of Section 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 10th day of May , 2016 .
All American Asphalt
Name of Contractor (Principal) Auth " dzed Si naturrqITT!tI9
o
G6wCk7 • C MAS. ;"k c
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 CAM, Osl;t Il(P
City Attorney
Authorized Agent Signature
Rebecca Haas -Bates, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Page A-2
"*Please See Attached"
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
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)
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 validitv of that document.
State of California
County of Riverside
On 05/23/2016 before me, Rebecca Angela Parra, Notary Public
Date Here Insert name and Title of the Offs r
personally appeared Edward J. Carlson
Name(s) of Signer(s)
F; REBECCA ANGELA PARRA
Commission # 2024944
Zpo 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(&) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/shekhey executed the same in
his/heNthe r authorized capacity(ies), and that by his/her/their
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 Slate of
California that the forgoing paragraph is true and correct.
WITNESS my hago aVofftoial seal
Signature G�
Place Notary Seal Above Sienrtureotary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to person relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document Payment Bond No. 7649365
Document Date: 05/10/2016 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:
o Individual o Individual
X Corporate Officer—Title(s): Vice President
o Partner 11 o Limited o General
o Attorney in Fact
o Trustee
o Other:
Top of thumb here
❑ Corporate Officer —Title(s): _
❑ Partner ❑ o Limited o General
o Attorney in Fact
o Trustee
o Other:
Signer is Representing:
Signer is Representing:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 11
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 05/10/2016 before me, R. Paramo, Notary Public
Date Here Insert Name and Tide 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 name4 is/aw
subscribed to the within instrument and acknowledged to me that Wshe/they executed the same in
his/her/thsir authorized capacity(lbs), and that by hie(her/their signature?4on the instrument the person(,.
or the entity upon behalf of which the person(s), acted, executed the instrument.
-------------------
R. FY 111110
Commlaeion 0 2055890
i , �W Notary Public - CalAornia
a Orange County s
My Comm. Ex ires Aug5, 2017+
I certify under PENALTY OF PERJURY under the laws
of the State tornia that the foregoing paragraph
is tru correct.
NESS my han o . ial sea.
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. 7649365 Document Date: 05/10/2016
Number of Pages: Three(3) Signer(s) Other Than Named Above: All American Asphalt
Capaody(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):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
flip) L I OF, TM IV PIP r �' III, I" L, r I I M I r I IV I #IV I rL Iplim Will In I L2,0L9110,10,14 il, 012z I I# ftyl-milwAiiiiiii I o4oli-ft I YA
PRF7649365
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 Naas -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 Seats of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this trnh day of May - , A.D. 2016
By -
Secretary
Gerald F. Haley
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
✓o-o D
Vice President
Michael P. Bond
d% O;z
State of Maryland
County of Baltimore
On this loth day of May A.D. 2016 before the subscriber, a Notary Public of the State of Maryland, duly commissioned and
qualified, Michact 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.
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2019
F.:-.
ii`
�•,J'...
\i'���V
t"11:Y4Y
SVA,
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2019
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Atmrnevs-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
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 TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this tom day of may zota
Jo euop
f �
9 r
s
_ffj�VKW
Thomas 0. McClellan, Vice President
Document -2363711 -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
IIIIIIIIIIIIIIIIIIIIBIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII� NO FEE
*$ R 0 0 0 8 8 7 3 9 6 1$
201600059384710:49 am 11123118
7 SC5 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 May 24, 2016. Said Contract set forth certain
improvements, as follows:
Cameo Shores Pavement Reconstruction C-5891
Work on said Contract was completed, and was found to be acceptable on
November 22. 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� d -d
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. �t
Executed on )V ArI V °2 3r Alk at Newport Beach, California.
BY 4�. j 1 urlr�Y`
City Clerk
about:blank 11/23/2016
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 May 24, 2016. Said Contract set forth certain
improvements, as follows:
Cameo Shores Pavement Reconstruction C-5891
Work on said Contract was completed, and was found to be acceptable on
November 22. 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- l'41d
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. g I� I, In �J
Executed on (VVVf Moff Q3, Alk , at Newport Beach, California.
BY a&VV- S 5* --
City Clerk
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 26th day of April, 2016,
at which time such bids shall be opened and read for
CAMEO SHORES PAVEMENT RECONSTRUCTION
Contract No. 5891
$ 3,500,000.00
Engineer's Estimate
�
Approved by
W4,k
Mark Vukojevic
City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and
Drawings via PlanetBids:
http://www.planetbids.com/portal/portal.cfm?CompanV[D=22078
Hard copy plans may be purchased from Mouse Graphics at (949) 548-5571
located at 659 W. 19th Street, Costa Mesa, CA 92627
Contractor License Classification required for this project: "A"
For further information, call Frank Tran, Proiect Manager at (949) 644-3340
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
http://newportbeachca goy/government/Open-transparent/online-
services/bids-rfps-vendor-registration
City of Newport Beach
CAMEO SHORES PAVEMENT RECONSTRUCTION
Contract No. 5891
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
INSURANCE REQUIREMENTS...................................................•.............Exhibit A
LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit B
FAITHFUL PERFORMANCE BOND...........................................................Exhibit C
PROPOSAL.............................................................................................................. PR -1
SPECIALPROVISIONS............................................................................................ SP -1
2
City of Newport Beach
CAMEO SHORES PAVEMENT RECONSTRUCTION
Contract No. 5891
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
DESIGNATION OF SUBCONTRACTORS (Contractorshall 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; Contractor shall confirm via PlanetBids)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL (LINE ITEMS to be completed via PlanetBids)
The City Clerk's Office will open and read the bid results from PlanetBids immediately
following the Bid Opening Date (April 26, 2016 at 10:00 AM.)
The Bid Results are immediately available to the public via PlanetBids following the Bid
Opening Date (Bid Due Date).
Members of the public who would like to attend this reading may go The City Clerk's Office
(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
3
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, 2016) 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, 2016) 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.
267073 A, C-12
Contractor's License No. & Classification
1000001051 Exo.6/30/2016
DIR Reference Number & Expiration Date
19
Authorized Si naturefritle ETwvd a. Cwison,v.e.:
Date
Bid Bond No. 08597423
Bid Date: 04/26/2016
City of Newport Beach
CAMEO SHORES PAVEMENT RECONSTRUCTION
Contract No. 5891
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
CAMEO SHORES PAVEMENT RECONSTRUCTION, Contract No. 5891 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 4th day of April 2016.
All American Asphalt / ,r
Name of Contractor (Principal) uthorized inature/TitleEdward J. Cal son
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
Authorized Agent Signature
Rebecca Haas -Bates, Attorney -in -Fact
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
ACKNOWLEDGMENT
........a---==oo®®..................................
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 Califomia that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
.................................. ................
OPTIONAL INFORMATION
Date of Document
Type or Tdle 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 I Vice -President / Secretary / Treasurer
Other:
Other Information:
"*Please See Attached"
ACKNOWLEDGMENT
nrrrr nn rnrrr�rrrrrrrrrrrrrrrrr rrrrrrrrrrrrrnrrrrrra
State of California
County of
ss.
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/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.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
.rnrrrrrrrrrnrrrrrrrrrrrrrrnr nrrrrrnrrrrrrrrrrrnrrrr•
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 W tness(es)
Capacity of Signer.
_ Trustee
_ Power of Attorney
_ CEO / CFO / COO
_
President/ Vice -President 1 Secretary/ Treasurer
Other:
Other Information:
7
Thumbprint of Signer
Fj Check hereif
no thumbprint
orfingetprint
is available.
CALIFORNIA ALL-PURPOSE
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 Orange )
On 04/04/2016 before me, R. Paramo, Notary Public
Date Here Insert Name and rile of the Officer
personally appeared Rebecca Haas -Bates
Name(*of Signer('sl
who proved to me on the basis of satisfactory evidence to be the person(-} whose nami is/M
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(I*, and that by his(her/their signature4on the instrument the person(*
or the entity upon behalf of which the person(-), acted, executed the instrument.
---------------
R. PARAMO
Commission # 2035890
;-� Notary Public - California a
Z Orange County
My Comm. Expires Aug5, 2017
OF PERJURY under the laws
,that the foregoing paragraph
and
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: 04/04/2016
Number of Pages: Three(3) Signer(s) Other Than Named Above: All American Asphalt
Capactty(ies) Claimed by Signer(s)
Signer's Name: Rebecca Haas -Bates
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual IRAttorney 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:
a<�q:, Yc�%�sysv �✓.�' d�Kyn✓:L.A'. n"q�' K
_ �%4'✓AYc
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attornevs-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 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
attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: 'That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: 'That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IV TESTIMON WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 'tday of i , 2016
0fft�
Lw�„OV
8B8r
`°u• w
Michael Bond, Vice President
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. accural or validitv of that document.
State of California
County of Riverside
on 04/20/2016 before me, Rebecca Angela Parra, Notary Public
Date Here Insert name and Tne of the ORcar
personally appeared Edward J. Carlson
Name(s) of Signers)
f
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) istam subscribed to the within instrument
and acknowledged to me that he/sheAhey executed the same in
his/hAF4heir authorized capacity(ies), and that by his/herltheir
` _. REBECCA ANGELA RARRA signature(s) on the instrument the person(s), or the entity upon behalf
tom,&My
Commission # 2024944 z of which the person(s) acted, executed the instrument.
i , sNotary Public - California z
z z Riverside County
I certify under PENALTY OF PERJURY under the laws of the State of
Comm. Expires May 17, 2017 California that the forgoing paragraph is true and correct.
WITNESS myhhaa nd official seal
Signature
Place Notary Seal Above Signaluof Notary Public
OPTIONAL
Though the information below is not required by law, It may prove valuable to person relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document Bid Bond
Document Date: 04/04/2016 Number of Pages: Three (3)
Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland
Capacity(ies) Claimed by Signer(a)
Signer's Name: Edward J. Carlson
❑ Individual
X Corporate Officer—Title(s): Vice President
o Partner E7 o Limited o General
o Attorney in Fad
o Trustee Top of thumb here
o Other:
Signer is Representing:
Signer's Name:
o Individual
o Corporate Officer—Title(s):
o Partner o o Limited o General
o Attorney in Fad •
❑ Trustee Top of thumb here
o Other:
Signer is Representing:
City of Newport Beach
CAMEO SHORES PAVEMENT RECONSTRUCTION
Contract No. 5891
DESIGNATION OF SUBCONTRACTORM
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: ad' � ..\-Nbr1G
}
Address: SL1t2 C,IperSS C- ..
Phone:1t�Y- 9°�S-gloo
State License Number: 11Ulbo4
MOM
DIR Reference: Uvmco\v-t4
Email Address: r k rt
s• uw
Name:
�v`vGi`"'g
Address:%,ty,�k, S�ctk
�`Oipe�'CA�11844
Phone: 1\4-1c18-89VB
State License Number. �_s%\
1 ySef
M
DIR Reference:��g33
Email Address:
Name:
Address:
Phone:
State License Number:
DIR Reference:
Email Address
All American Asphalt
Bidder Auth rized Sigfiaturerritle Edward J. Carlson, V.P.
City of Newport Beach
CAMEO SHORES PAVEMENT RECONSTRUCTION
Contract No. 5891
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this formM Please print or type.
Bidder's Name All American Asphalt
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 informatioh:
No. 1
Project Name/Number Hawthome Blvd. Reconstruction
Project Description Pavement Reconstruction
Approximate Construction Dates: From 04/2014 To: 05/2015
Agency Name City of Hawthome
Contact Person Heecheol Kwon Telephone P 10) 349-2980
Original Contract Amount $ tzns,000.00 Final Contract Amount $ 12,579,000.00
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.
No. 2
Project Name/Number Florence Avenue
Project Description Pavement Resurfacing
Approximate Construction Dates: From 04/2015 To: 10/2015
Agency Name City of Inglewood
Contact Person Hunter Nguyen Telephone (310) 412-4252
Original Contract Amount $ 2,639.000.0o Final Contract Amount $ 2.63.000-00
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No. 3
Project Name/Number Pavement Resurfacing, Phase II
Project Description Pavement Resurfacing
Approximate Construction Dates: From 4/2015 To: 10/2015
Agency Name _ County of Ventura
Contact Person 7eewoong Kim Telephone (805) 654-3987
Original Contract Amount$2,4oi,90o.0o Final Contract Amount $_ZAW 97000
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.
10
No. 4
Project Name/Number Yorba Linda Blvd Reconstruction
Project Description Street Reconstruction
Approximate Construction Dates: From 07/2014 To: 11/2014
Agency Name City of Fullerton
Contact Person Kevin Kwak Telephone (714) 735-6865
Original Contract Amount $ isae.000.00 Final Contract Amount $ 1.346.000.00
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/Number 2013 Roadway Maintenance and Slurry
Project Description Pavement Reconstruction
Approximate Construction Dates: From 06/2014 To: 10/2014
Agency Name Port of Long Beach
Contact Person Lincoln Lo Telephone (562) 253-7000
Original Contract Amount $992,000.00 Final Contract Amount $ 992.000.00
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.
11
"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 Jurupa 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
"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, 3`d Floor
Inglewood, CA 90301
Contact: Hunter Nguyen, (310) 412-4252
County of Ventura
800 S. Victoria Ave
Ventura, CA 93009
Contact: Jeewoong Kim, (805) 654-3987
City of Montclair
5111 Benito Street
Montclair, CA 91763
Contact: Steve Stanton, (909) 625-9444
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
Completed: 10/2015
Pavement Resurfacing, Phase II
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
Riverside County Transportation Commission Route 74 Widening
4080 Lemon Street, 3'd Floor Contract: $1,970,004.00
Riverside, CA 92501 Start: 4/2014
Contact: Bill Seitz, (949) 300-9132 Completed: 7/2015
City of Riverside
3900 Main Street
Riverside, CA 92501
Contact:.Steve Howard, (951) 826-5708
Long Beach Unified School District
2201 E. Market Street
Long Beach, CA 92805
Contact: Nancy Chinchilla, (562) 997-7513
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: 612015
Completed: 11/2015
No. 6
Project Name/Number 2012-2013 Street Resurfacing
Project Description Street ResurfacinE
Approximate Construction Dates: From 07/2013 To: 05/2014
Agency Name City of Beverly Hills
Contact Person Mark Cueno Telephone (310) 285-2557
Original Contract Amount $2,970,000.ocFinal Contract Amount $ 2,970,000-00
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on-site Construction Manager for the
Contractor.
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.
All American Asphalt
Bidder Authorized Sig ature/Title Edward J. Carlson, V.P.
12
Richard E. Selph II
Work History:
1983 to Present; Superintendent for All American
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 1976; 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
CAMEO SHORES PAVEMENT RECONSTRUCTION
Contract No. 5891
NON -COLLUSION AFFIDAVIT
State of California )
)as.
County of Riverside )
Edward J. Carlson being first duly sworn, deposes and says that he ershe is
Vice President of All American Asphalt , 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 £or the bid
price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that
of any other bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
I declare under penalty of perjury of the laws of the State of California that the oregoing Is true and correct.
All American Asphalt d
Bidder Authorized Sign ture/Titie ward J. u n, V.P.
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.
Notary Public
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
F.a'"'. REBECCA ANGELA pARRA
_ Commission a 2024944
Notary public -California
z
Riverside County z
My Comm. Expires May 17 2017 >
Place No Wry Seal Above
Subscribed and sworn to (or affirmed) before
me on this 201h day of April. 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-ef-Slgrer
PrAyia d to rnp nn. the hasis of F;Atgsfa ♦ evideRlse
Signature a
Signature otNotary 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
CAMEO SHORES PAVEMENT RECONSTRUCTION
Contract No. 5891
DESIGNATION OF SURETIES
Bidder's name All American Asphalt
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):
Fidelity and Deposit Company of Maryland Bmk r Suggy
777 S. Figueroa St., #3900, Los Angeles CA 90017 (213) 270-0600
Millennium Corporate Solutions Agent
5530 Trabuco Road, Irvine CA 92620 (949) 857-4500
Edgewood Partners Insurance Center Insurance
3633 Inland Empire Blvd., Ste. 640, Ontario CA 91764 (714) 937-4270
14
City of Newport Beach
CAMEO SHORES PAVEMENT RECONSTRUCTION
Contract No. 5891
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's-Aame All American Asphalt
Record Last Five (5) Full Years
Current Year of Record
ne iniormanon 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
44
931
841
898
837
925
4,676
Total dollar
Amount of
Contracts (in
Thousands of $)
224,627
259-423
264M7
258,289
256,835
218,736
1,356,673
No. of fatalities
0
02
No. of lost
Workday Cases
16
15
17
9
No. of lost
workday cases
involving
permanent
transfer to
anotherjob or
termination of
employment
0
3 1
1'--;"s_.;:
1
1
7
ne iniormanon 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 broeaselCd)msn com if you have any questions.
Sincerely,
Bryan Pease
Consultant
Legal Business Name of Bidder All American Asphalt
Business Address: 400E Sixth Street Corona CA 92879
Business Tel. No.: (95 i) 736_76nn
State Contractor's License No. and
Classification: 267073 A C -I2
Title Vice President
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 Edward J. Carlson Vice President
Signature of
bidder
Date
Title Michael Farkas, Secretarv/Treasarer
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 partnersfjoint 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
10
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, accuracy. or validitv of that document.
State of California
County of Riverside
on 04/20/2016 before me, Rebecca Angela Parra, Notary Public
Dere Hero Insert risme"TAe of the oraoer
personally appeared Edward J. Carlson and Michael Farkas
Na.(.) W Sigrer(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 heA~hey executed the same in
hisfhef their authorized capacity(ies), and that by hisfherAheir
signature(s) an the instrument the person(s), or the entity upon behalf
REBECCA ANGELA PARRA of which the person(s) acted, executed the instrument.
Commission S 2024944
s Notary Public - California z I certify under PENALTY OF PERJURY under the laws of the State of
't Riverside County n California that the forgoing paragraph is true and correct.
MY Comm. Expires May 17, 2017
WITNESS my he official se
Signature „( iy
Plate Homy Seal Above r Sig 'N_otary Publip
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 Contractor's Industrial Safety Record _
Document Date: 04/20/2016 Number of Pages: Two (2)
Signer(s) Other Than Named Above: None
Capacity(fes) Claimed by Signer(s)
Signer's Name: Edward J. Carlson
o Individual
X Corporate Officer—Title(s): Vice President
o Partner D o Limited o General
o Attorney in Fact
o Trustee Tap of mumb here
o Other:
Signer is Representing:
Signer's Name: Michael Farkas
o Individual
X Corporate Officer—Title(s): Secretary
o Partner D o Limited o General
o Attorney in Fact
Tap of mumG
❑ Trustee
o Other..
Signer is Representing:
City of Newport Beach
CAMEO SHORES PAVEMENT RECONSTRUCTION
Contract No. 5891
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name All American AWhalt
The bidder shall signify receipt of all Addenda here, if any, and attach executed
copy of addenda to bid documents:
I Addendum No. I Date Received I Sianature I
17
City of Newport Beach
CAMEO SHORES PAVEMENT RECONSTRUCTION
Contract No. 5891
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: All American Asphalt
Business Address: 400 East Sixth Street Corona CA 92879
Telephone and Fax Number: (951) 736-7600 / (951) 736-7646
California State Contractor's License No. and Class: 267073 A C-12
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 1/19/1971 Expiration Date: 1/31/2018
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:
MR9109Mne. u.
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
ILFi!i M 11 a + • .,.
• . •if
.., . m—Vice President 4QU. Sixth Street CQrona92879 • 611
Corporation organized under the laws of the State of California
9 .9
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:
N/A
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;
N/A
Have you ever had a contract terminated by the owner/agency? If so, explain.
N/A
Have you ever failed to complete a project? If so, explain.
For any projects you have been involved with in the last 5 years, did you have any
claims or actions by any outside agency or individual for labor compliance (i.e. failure to
pay prevailing wage, falsifying certified payrolls, etc.)? Yes IS
19
Are any claims or actions unresolved or outstanding? Yes /L'N�
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.
Mark Lu President
(Print name of Owner or President
of Corporation/Co pany)
Authorized Sig ature/Title Edwa d J. Carison
Vice President
Title
LA k,) t�
Date
*See Attached California Acknowledgement*
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/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/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 foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(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 04/20/2016 before me, Rebecca Angela Parra, Notary Public
Date Here Insert name and Title of the officer
personally appeared Edward J. Carlson
Name(s) of Slgner(s)
OPTIONAL
Though the information below is not required by law, R 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: 04/20/2016 Numberof Pages: Three (3)
Signer(s) Other Than Named Above: None
Capacity(les) Claimed by Signers)
Signer's Name: Edward J. Carlson Signer's Name:
o Individual o Individual
X Corporate Officer—Title(&): Vice President
o Partner ❑ o Limited ❑ General
❑ Attorney in Fact
o Trustee
a Other.
Signer is Representing:
Top or thumb here
❑ Corporate Officer— Tdle(s): —
o Partner D ❑ Limited o General
❑ Attorney in Fad
a Trustee
o Other:
Signer is Representing:
Top of Numb here
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/ars subscribed to the within instrument
and acknowledged to me that he/sheAh" executed the same in
his/her/their authorized capacity(ies), and that by his/Nerltheir
signatures) on the instrument the person(s), or the entity upon behalf
REBECCA ANGELA PARRA
of which the person(r) acted, executed the instrument.
Commission # 2024944
atr,�
Notary Public - California z nI
certify under PENALTY OF PERJURY under the laws of the State of
Riverside County ,
My Comm. Expires May 17, 2017
California that the forgoing paragraph is true and correct.
WITNESS my han nd Icial seal.
Signature P
Placa Notary Seal Above
S,Bnebus of obry Public
OPTIONAL
Though the information below is not required by law, R 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: 04/20/2016 Numberof Pages: Three (3)
Signer(s) Other Than Named Above: None
Capacity(les) Claimed by Signers)
Signer's Name: Edward J. Carlson Signer's Name:
o Individual o Individual
X Corporate Officer—Title(&): Vice President
o Partner ❑ o Limited ❑ General
❑ Attorney in Fact
o Trustee
a Other.
Signer is Representing:
Top or thumb here
❑ Corporate Officer— Tdle(s): —
o Partner D ❑ Limited o General
❑ Attorney in Fad
a Trustee
o Other:
Signer is Representing:
Top of Numb here
City of Newport Beach
CAMEO SHORES PAVEMENT RECONSTRUCTION
Contract No. 5891
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
CAMEO SHORES PAVEMENT RECONSTRUCTION
CONTRACT NO. 5891
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 24th
day of May, 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 East
Sixth Street, Corona, California 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 residents; (2) construction surveying; (3)
removing existing pavement, curb and gutter, curb access ramps; (4) removing
and reconstructing roadway; (5) constructing curb, curb and gutter, sidewalk, and
curb access ramps; (6) adjusting City utility and survey facilities to grade; (7)
installing truncating domes, traffic striping and pavement markings; (8)
coordinating with outside utility owners to have their facilities raised to grade; (9)
potholing to identify existing utility lines; (10) removing existing hardscaping,
storm drain pipe, pavement and landscape as needed for contract work; (11)
constructing storm drain diversion structures including 6 -inch pipe, diversion
structure and catch basin; and (12) other incidental items to be completed in
work places 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. 5891, 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.
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 Three Million Three Hundred Sixty Three
Thousand Three Hundred Sixty Three Dollars and 001100 ($3,363,363.00).
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 Richard E. Selph II 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
All American Asphalt, Inc. Page 2
shall 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: Michael Farkas
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 and all persons and entities owning or otherwise in legal control of the
property upon which Contractor performs the Project and/or Services 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 and/or Services 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 and/or
Services, 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,
volunteers and any person or entity owning or otherwise in legal control of the property
upon which Consultant performs the Project and/or Services contemplated by this
Agreement (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.
All American Asphalt, Inc. Page 6
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
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
All American Asphalt, Inc. Page 7
non -defaulting party may terminate the Contract forthwith by giving to the defaulting
party written notice thereof.
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
All American Asphalt, Inc. Page 8
Contract shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
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 ATTORN/Y' OFFICE
Date:
By:
Aaron C. Harp LAM eshNto
City Attorney
ATTEST:
Date: �- V
By: akI �no'
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation/
Date:
By:
Dia e B. Dixon
Mayor
CONTRACTOR: All American Asphalt,
Inc., a California corporation
Date:
By:
Edward J. Carlson
Vice President
Date: M"i ?ii 2hll�
By:
Michael Farkas
Secretary/Treasurer
[END OF SIGNATURES]
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
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 05/23/2016 before me, Rebecca Angela Parra, Notary Public
Date Here Insets name aro Title of the Of(car
personally appeared Edward J. Carlson and Michael Farkas
Name(s) of Signers)
REBECCA ANGctA PARKA
Commission # 2024944
zl or Notary Public - California z
Z z
Riverside County D
Almm. Expires May 17, 2017
IWO
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) islare subscribed to the within instrument
and acknowledged to me that helshefthey executed the same in
hWherltheir authorized rapacity(ies), and that by his/her/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 had and official seal.////
Signature _ ��_// C�ii a
Place Notary Seal Above Signa re of No Wry Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to person relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document Contract
Document Date: 05/24/2016 Number of Pages: Ten (10)
Signer(s) Other Than Named Above: City of Newport Beach
Capacity(jells) Claimed by Signer(s)
Signers Name: Edward J. Carlson
❑ Individual
X Corporate Officer—Title(s): Vice President
❑ Partner ❑ o Limited o General
❑ Attorney in Fad
❑ Trustee Top of thumb here
❑ Other:
Signer is Representing:
Signer's Name: Michael Farkas
D Individual
XCorporate Officer —Title(s): Secretary
❑ Partner ❑ o Limited ❑ General
❑ Attorney in Fad
❑ Trustee
❑ Other:
is Representing:
Top of thumb here
Premium is included in the performance bond
Executed in: 2 Counterparts
*(:Il:l111r_1
CITY OF NEWPORT BEACH
BOND NO. 7649365
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
All American Asphalt hereinafter designated as the "Principal," a contract for the work
necessary for the completion of this contract consisting of: (1) distributing construction
notices to affected residents; (2) construction surveying; (3) removing existing
pavement, curb and gutter, curb access ramps; (4) removing and reconstructing
roadway; (5) constructing curb, curb and gutter, sidewalk, and curb access ramps; (6)
adjusting City utility and survey facilities to grade; (7) installing truncating domes, traffic
striping and pavement markings; (8) coordinating with outside utility owners to have
their facilities raised to grade; (9) potholing to identify existing utility lines; (10) removing
existing hardscaping, storm drain pipe, pavement and landscape as needed for contract
work; (11) constructing storm drain diversion structures including 6 -inch pipe, diversion
structure and catch basin; and (12) other incidental items to be completed in work
places 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 Three Million Three* Dollars and 00/100
($3,363,363.00 ) 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. *Hundred Sixty Three Thousand, Three Hundred Sixty Three
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
Page A-1
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as
required by the provisions of Section 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 10th day of May 2016 .
All American Asphalt /`— •-.
Name of Contractor (Principal) Authorized Si natur%title
.es�
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 aM
City Attorney
Authorized Agent Signature
Rebecca Haas -Bates, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Page A-2
"Please See Attached**
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
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)
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 validitv of that document.
State of California
County of Riverside
On 05/23/2016 before me, Rebecca Angela Parra, Notary Public ,
Date Here Insert name and Title of the Officer
personally appeared Edward J. Carlson
Name(s) of Signe(s)
REBECCA ANGELA P.ARRA
..i= Commission # 2024944
?j;�,_? _ Notary Public - California z
Z Riverside County
Y' My Comm. Expires May 17.2017
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(a) is/are subscribed to the within instrument
and acknowledged to me that he/sheAhey executed the same in
his/herkheir authorized capacity(les), and that by his/her/their
signature(&) on the instrument the person(s), or the entity upon behalf
of which the person(&) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the forgoing paragraph is true and correct.
WITNESS my hao anSt official seal
Signature
Place Notary Seal Above Signature a otary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to person relying on the document
and could prevent fraudulent removal and reattachment of this forth to another document.
Description of Attached Document
Title or Type of Document Payment Bond No. 7649365
Document Date: 05/10/2016 Number of Pages: Three (3)
Signer(&) Other Than Named Above: Fidelity and Deposit Company of Maryland
Capacity(im) Claimed by Signers)
Signer's Name: Edward J. Carlson
a Individual
X Corporate Officer — Title(s): Vice President
o Partner o o Limited o General
o Attorney in Fact
o Trustee
a Other:
Signer is Representing:
Signer's Name:
o Individual
o Corporate Officer—Title(s):
o Partner [I o Limited o General
o Attorney in Fact
Top of thumb here
o Trustee
E3 Other:
Signer is Representing:
CALIFORNIA ALL-PURPOSE 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 Orange
On 05/10/2016 before me, R. Paramo, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Rebecca Haas -Bates
Name(*of SignerN
who proved to me on the basis of satisfactory evidence to be the persons} whose name4 is/are
subscribed to the within instrument and acknowledged to me that ke/she/they executed the same In
hialher/their authorized capacityji*, and that by his(her/their signature�4on the instrument the person(.*
or the entity upon behalf of which the personn acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
R. PARAMO of the State ofCa ifornia that the foregoing paragraph
Commission N 2035880 is true and correct.
i .
Notary Public - California W NESSmy han o i is] sea.
Orange County
My Comm. Expires Aug5, 2017
-------------
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: Payment Bond No. 7649365 Document Date: 05/10/2016
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 [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 ❑ Attomey in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
L.� �C-pw<t %�UtivL «� 1✓t�euc '.5�.0.�. oc� ,.�✓R,•z-.,w✓,.'v.cu,5"i �"�. - �{5s':, a<'- na:�ary�;c<
PRF7649365
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 tom day of May , A.D. 2016
ATTEST:
Secretary
Gerald F. Haley
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Vice President
Michael P. Bond
�,�rPw (0(0
bt�r-)0,�%
State of Maryland
County of Baltimore
On this 10th day of May A.D. 2016 5 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 instmment 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.
u•n.
Q
'anmpw^•
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. 7649365
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 13,265.00 , 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 hereinafter designated as the "Principal," a contract for The work
necessary for the completion of this contract consisting of: (1) distributing construction
notices to affected residents; (2) construction surveying; (3) removing existing
pavement, curb and gutter, curb access ramps; (4) removing and reconstructing
roadway; (5) constructing curb, curb and gutter, sidewalk, and curb access ramps; (6)
adjusting City utility and survey facilities to grade; (7) installing truncating domes, traffic
striping and pavement markings; (8) coordinating with outside utility owners to have
their facilities raised to grade; (9) potholing to identify existing utility lines; (10) removing
existing hardscaping, storm drain pipe, pavement and landscape as needed for contract
work; (11) constructing storm drain diversion structures including 6 -inch pipe, diversion
structure and catch basin; and (12) other incidental items to be completed in work
places 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 Three Million Three* Dollars and 001100
($3,363,363.00 ) 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.
*Hundred Sixty Three Thousand, Three Hundred Sixty Three
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
Page B-1
same, in an amount not exceeding the sum specified in this Bond; otherwise this
obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by 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 10th day of May 1z 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
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 061DI //6
Aaron C. Harp t^""
City Attorney
Authorize Signa}r'+�'re/Title
[-dwad S. ca�sa v,u Frei'cVA
Authorized Agent Signature
Rebecca Haas -Bates, Attorney -in -Fart
Print
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Page B-2
"Please See Attached"
ACKNOWLEDGMENT
A notary public or other officer completing thisndivi
certificate verifies only the identity of the idual
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
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) Ware
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)
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 validitv of that document.
State of California
County of Riverside
On 05/23/2016 before me, Rebecca Angela Parra, Notary Public
Date Here Insert name and Title of the Officer
personally appeared Edward J. Carlson
Name(s) of Signers)
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/shehhey executed the same in
hisAkerAheir authorized capacity(ies), and that by his/hergheir
signature(s) on the instrument the person(s), or the entity upon behalf
REBECCA ANGELA PARKA of which the person(s) acted, executed the instrument.
x Commission # 2024944
Z -;_Q < Notary Public - California z I certify under PENALTY OF PERJURY under the laws of the State of
Z ' " '' Riverside County L California that the forgoing paragraph is true and correct.
My Comm. Expires May 17, 2017
WITNESS Me
an ¢ official) s�eeaall.
SignaturefA �fy/�r� �i✓�_�e.,
Place Notary Seal Above a gnatu 'or Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to person relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document Performance Bond No. 7649365
Document Date: 05/10/2016 Number of Pages: Three (3)
Signer(r) Other Than Named Above: Fidelity and Deposit Company of Maryland
Capacity(les) Claimed by Signer(e)
Signer's Name: Edward J. Carlson Signer's Name:
o Individual o Individual
X Corporate Officer—Title(s): Vice President ❑ Corporate Officer—Title(s):
o Partner ❑ o Limited o General ❑ Partner C o Limited o General
❑ Attorney in Fact ❑ Attorney in Fact '
in Trustee Top or Thumb here Tap a Numb here
❑ Trustee
o Other: o Other:
Signer is Representing:
Signer is Representing:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
cK t¢ .a .xC.'.G� m<Sa'Nti• at w -. .a<.arxNa a
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 05/10/2016 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 persons} whose nam is/me
subscribed to the within instrument and acknowledged to me that Wshe/they executed the same in
hWher/titair authorized capacity i(*, and that by hioer/their signature4on the instrument the person(s),
or the entity upon behalf of which the person(s), acted, executed the instrument.
R.PARAMO
Commission M 2035890
:•i Notary Public - California
z 0 Orange County
M Comm. Ex fres Au 5, 2017+
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true/-
WITNESS my han nd id I sea.
Signature
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. 7649365 Document Date: 05/10/2016
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 [?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:
i.s . I :�<.,. �,::.. �2..Yc.�. „«`!T� : < H<.:..<._ • <c,a�s v :, ..< .a:,,, �,� s<d<.<.«cc101
G• 1 • • • • • • • • :11 • :11 • ,: •1
PRF7849365
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 10th day of May , A.D. 2016
ATTEST:
W.
Secretary
Gerald F. Haley
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Vice President
Michael P. Bond
rxio:&6AL ((0
tYAe1��� ��"'
State of Maryland
County of Baltimore
On this 10th day of May 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.
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, volunteers, and any person or entity owning
or otherwise in legal control of the property upon which Consultant
performs the Project and/or Services contemplated by this Agreement.
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, volunteers, and any
person or entity owning or otherwise in legal control of the property upon
which Consultant performs the Project and/or Services contemplated by
this Agreement.
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
All American Asphalt, Inc. Page C-1
occurrence, two million dollars ($2,000,000) general aggregate and two
million dollars ($2,000,000) completed operations aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a
business contract).
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.
• A drop down feature requiring the policy to respond in the event that
any primary insurance limits are exhausted by paid claims;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies;
• Policies shall "follow form" to the underlying primary policies; and
• Insureds under primary policies shall also be insureds under the
umbrella or excess policies.
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,
volunteers, and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement 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,
volunteers, and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as additional insureds
under such policies.
All American Asphalt, Inc. Page C-2
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,
volunteers, and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement. 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
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 Contractors 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,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
All American Asphalt, Inc. Page C-3
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
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
All American Asphalt, Inc. Page C-4
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
Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be
provided to City with five (5) calendar days of the expiration of the
coverages.
All American Asphalt, Inc. Page C-5
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 6/1/16 Dept./Contact Received From: Raymund
Date Completed: 6/1/16 Sent to: Raymund By: Alicia
Company/Person required to have certificate: All American Asphalt -5-5891 Cameo Shores Pavement
Type of contract: Public Works
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 8/1/15-8/1/16
A.
INSURANCE COMPANY: Arch Specialty Ins Cc
B.
AM BEST RATING (A-: VII or greater): A+:XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
❑ Yes n 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
N/A
F.
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
® N/A ❑ Yes ❑ No
G.
COMPLETED OPERATIONS ENDORSEMENT (completed
❑ N/A ❑ Yes ® No
H.
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include `solely by negligence" wording?
❑ Yes E No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. 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?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M 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 0 No
City of Newport Beach
CAMEO SHORES PAVEMENT RECONSTRUCTION
Contract No. 5891
PROPOSAL
(Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids.
Contractor shall sign the below acknowledgement)
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby
proposes to furnish all materials except that material supplied by the City and shall perform
all work required to complete Contract No. 5891 in accordance with the Plans and Special
Provisions, and will take in full payment therefore the following unit prices for the work,
complete in place, to wit:
Date
(951)736-7600/(951)736-7646
Bidder's Telephone and Fax Numbers
267073 A, C-12
Bidder's License No(s).
and Classification (s)
All American Asnhalt
Bidder
Bid er's wax J rized Signature and Title
Edward J. Carlson, Vice President
P.O. Box 2229, Corona CA 92878-2229
Bidder's Address
Bidders address: . Y . SCS n . 1! - . u._ _._h_. . m
PR -1
City of Newport Beach
Page 1
CAMEO SHORES PAVEMENT RECONSTRUCTION (C-5891), bidding on April 26, 2016 10:00 AM (Pacific)
Bid Results
Bidder Details
Vendor Name All American Asphalt
Address PO Box 2229
Corona, CA 92878
United States
Respondee Jerry LeBouef
Respondee Title Project ManagerlEsfimator
Phone 951.736-7600 Ext. 204
Email publlcworks@allamericanasphalt.com
Vendor Type CADIR
License #
CA DIR
Bid Detail
Bid Format Electronic
Submitted April 26, 2016 9:54:10 AM (Pacific)
Delivery Method
Bid Responsive
Bid Status Submitted
Confirmation # 78673
Ranking 0
Respondee Comment
Buyer Comment
Attachments
File Title
File Name
File Type
Proposal
Newport Beach Proposal (Cameo Shores)_1383.pdf
Bid Submittal Packet
Subcontractor List
Newport Beach Designation of Subcontractors (Cameo Copy of Signed
Shores)_1384.pdf
Subcontractor's List
Bid Bond
Newport Beach Bid Bond (Cameo Shores 5891)_1382.pdf Bid Bond
Line Items
Type Item Code
UOM Qty Unit Price
Line Total Comment
Section 1
1 Mobilization and Demobilization
Lump Sum 1 $95,000.00
$95,000.00
2 Traffic Control
Lump Sum 1 $175,000.00
$175,000.00
3 Surveying Services
Lump Sum 1 $49,131.00
$49,131.00
4 Provide As -Built Drawings
Lump Sum 1 $5,000.00
$5,000.00
5 Excavation for New 7 -in Pavement Section
Square Foot 420000 $0.50
$210,000.00
City of Newport Beach
CAMEO SHORES PAVEMENT RECONSTRUCTION (C-5891), bidding on April 26, 2016 10:00 AM (Pacific)
Bid Results
Type
Item Code UOM
Qty
Unit Price
Line Total Comment
6
Excavation for New 10 -in Pavement Section
Square Foot
178000
$1.50
$267,000.00
7
Construct 2 -in Thick Finish Course AC
Ton
8200
$53.00
$434,600.00
8
Construct Variable Depth (Mininum 2 -in Thick) AC Leveling Course
Ton
2400
$58.00
$139,200.00
9
ConstructAC Base Course
Ton
22000
$45.00
$990,000.00
10
Remove & Reconstruct &in Thick PCC Driveway Approach
Square Foot
5000
$8.00
$40,000.00
11
Remove & Reconstruct 44n Thick PCC Sidewalk
Square Foot
10000
$5.85
$58,500.00
12
Remove & Reconstruct 84n Thick PCC Cross Gutter
Square Foot
12000
$20.00
$240,000.00
13
Remove & Reconstruct Type "A" PCC Curb and Gutter
Linear Foot
2000
$35.43
$70,860.00
14
Remove & Reconstruct PCC Curb Access Ramp, Case per Plan
Each
3
$2,500.00
$7,500.00
15
Remove & Reconstruct PCC Curb Access Ramp per Plan Detail
Square Foot
4000
$10.00
$40,000.00
16
Remove & Replace New Water Meter Box and Cover to Grade
Each
20
$250.00
$5,000.00
17
Remove & Replace Water Valve Frame and Cover
Each
20
$750.00
$15,000.00
18
Prune Tree Root & Install Root Barrier
Each
5
$400.00
$2,000.00
19
Adjust Manhole Frame & Cover to Grade
Each
62
$850.00
$52,700.00
20
Remove and Replace Sewer Clean Out Frame and Cover to Grade
Each
20
$850.00
$17,000.00
21
Remove and Replace Street Light Pull Box to Grade
Each
20
$450.00
$9,000.00
I
Page 2
i
City of Newport Beach
Linear Foot
CAMEO SHORES PAVEMENT RECONSTRUCTION (C5891), bidding on April 26, 2016
10:00 AM (Pacific)
Bid Results
Type Item Code UOM Qty
Unit Price
22 Install Signs, Striping and Pavement Markings
27
Lump Sum 1
$10,000.00
23 Remove Existing and Install Red Curb Marking
Each
Linear Foot 2000
$5.72
24 Core Existing Sewer Manhole and Install 6 -in PVC SDR -35 Drain Pipe
Each 2
$1,000.00
25 Furnish and Install 64n PVC SDR 35 Pipe
29
$325.00
$750.00
$13,000.00
$500.00
$2,500.00
$13,000.00
$8,500.00
$18,000.00
$2,500.00
$8,000.00
$20,000.00
$1,500.00
$25,000.00
Line Total Comment
$10,000.00
$11,440.00
$2,000.00
$34,125.00
$750.00
$13,000.00
$2,500.00
$5,000.00
$26,000.00
$17,000.00
$36,000.00
$5,000.00
$32,000.00
$20,000.00
$25,000.00
Page 3
Linear Foot
105
26
Furnish and Install 6" PVC SDR 35 Clean Out
Each
1
27
Construct Diversion Structure Per Plan Detail No. 53
Each
1
28
Remove Interfering Portions of Exist. Storm Drain
Linear Foot
5
29
Furnish and Install 64n Checkmate Inline Check Valve
Each
2
30
Construct 2 -ft 64n x 4 -ft Steel Reinforced PCC Vault
Each
2
31
Furnish and Install 29 -in x 484n (Clear Opening) Single Door Hatch
Each
2
32
Furnish and Install 6 -in Tnu/Mag Neptune Flow Meter
Each
2
33
Furnish and Install 6 -in Push -On Gate Valve per CNB STD -511-L
Each
2
34
Remove and Reconstruct Top Slab, Local Depression and Grates
Each
4
35
Remove and Reconstruct Catch Basin and Grates with Diversion Plate
Each
1
36
Furnish and Install Debris Screen Over 6 -in Pipe Opening Inside Structure
Each
2
37
Remove, Modify & Replace or Protect Existing Landscaping and Irrigation
Lump Sum
1
$325.00
$750.00
$13,000.00
$500.00
$2,500.00
$13,000.00
$8,500.00
$18,000.00
$2,500.00
$8,000.00
$20,000.00
$1,500.00
$25,000.00
Line Total Comment
$10,000.00
$11,440.00
$2,000.00
$34,125.00
$750.00
$13,000.00
$2,500.00
$5,000.00
$26,000.00
$17,000.00
$36,000.00
$5,000.00
$32,000.00
$20,000.00
$25,000.00
Page 3
City of Newport Beach
CAMEO SHORES PAVEMENT RECONSTRUCTION (C5891), bidding on April 26, 2016 10:00 AM (Pacific)
Bid Results
Type Item Code UOM city Unit Price
38 Subgrade Preparation
Lump Sum 1 $98,057.00
39 Provide Allowance for Unforseen Conditions
Lump Sum 1 $100,000.00
Line Total Comment
$98,057.00
$100,000.00
$3,363,363.00
$3,363,363.00
Amount Type
$20,491.00
$47,700.00
Page 4
Subtotal
Total
Subcontractors
Name & Address
Description
License Num
Superior Pavement Markings
Pavement Striping
776306
5312 Cypress Street
Cypress, CA 90630
United States
Case Land Surveying
Surveying
L5411
614 N. Eckhoff Street
Orange, CA 92868
United States
Line Total Comment
$98,057.00
$100,000.00
$3,363,363.00
$3,363,363.00
Amount Type
$20,491.00
$47,700.00
Page 4
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
CAMEO SHORES PAVEMENT RECONSTRUCTION
CONTRACT NO. 5891
PART 1 - GENERAL PROVISIONS
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-6 WORKTO BE DONE
2-9 SURVEYING
2-9.1 Permanent Survey Markets
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
5-7 ADJUSTMENTS TO GRADE
1
1
1
2
2
2
2
2
2
2
3
3
3
3
3
3
3
4
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4
6-1.1 Construction Schedule 4
6-7 TIME OF COMPLETION 4
6-7.1 General 4
6-7.2 Working Days 5
6-7.4 Working Hours 5
6-9 LIQUIDATED DAMAGES 5
6-11 CONSTRUCTION PHASING 6
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 6
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 6
7-1.2 Temporary Utility Services 6
7-7 COOPERATION AND COLLATERAL WORK 6
7-8 WORK SITE MAINTENANCE 6
7-8.4.3 Storage of Equipment and Materials in Public Streets 7
7-8.6 Water Pollution Control 7
7-8.6.2 Best Management Practices (BMPs) 7
7-8.6.4 Dewatering 8
7-8.6.5 Payment 8
7-8.7.2 Steel Plates 8
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 8
7-10 PUBLIC CONVENIENCE AND SAFETY
9
7-10.1 Traffic and Access
9
7-10.3 Street Closures, Detours and Barricades
10
7-10.4 Safety
11
7-10.4.1 Safety Orders
11
7-10.5 "No Parking" Signs
11
7-10.6 Notices to Residents
11
7-15 CONTRACTOR'S LICENSES
12
7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS
12
7-20 STORM DRAIN FLOW BYPASS SYSTEM
12
SECTION 9 - MEASUREMENT AND PAYMENT
13
9-3 PAYMENT
13
9-3.1 General
13
9-3.2 Partial and Final Payment.
19
PART 2 - CONSTRUCTION MATERIALS
19
SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS
19
201-1 PORTLAND CEMENT CONCRETE
19
201-1.1 Requirements
19
201-1.1.2 Concrete Specified by Class and Alternate Class
19
201-2 REINFORCEMENT FOR CONCRETE
19
201-2.2 Steel Reinforcement
19
201-2.2.1 Reinforcing Steel
19
201-7 NON -MASONRY GROUT
20
201-7.2 Quick Setting Grout
20
SECTION 203 — BITUMINOUS MATERIALS
20
203-6 ASPHALT CONCRETE
20
203-6.4 Asphalt Concrete Mixtures
20
203-6-4.3 Composition of Grading
20
SECTION 207 - PIPE
20
207-2 REINFORCED CONCRETE PIPE (RCP)
20
207-2.1 General
20
207-2.5 Joints
20
SECTION 212 --- LANDSCAPE AND IRRIGATION MATERIALS
20
212-1 LANDSCAPE MATERIALS
20
SECTION 214 - PAVEMENT MARKERS
21
214-4 NONREFLECTIVE PAVEMENT MARKERS
21
214-5 REFLECTIVE PAVEMENT MARKERS
21
PART 3 - CONSTRUCTION METHODS
21
SECTION 300 - EARTHWORK
21
300-1 CLEARING AND GRUBBING
21
300-1.3 Removal and Disposal of Materials
21
300-1.3.1 General
21
300-1.3.2 Requirements
22
300-1.5 Solid Waste Diversion
22
SECTION 302 - ROADWAY SURFACING
22
302-5 ASPHALT CONCRETE PAVEMENT
22
302-5.1 General
22
302-5.4 Tack Coat
22
302-6 PORTLAND CEMENT CONCRETE PAVEMENT
22
302-6.6 Curing
22
SECTION 303 -CONCRETE AND MASONRY CONSTRUCTION
23
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND
DRIVEWAYS
23
303-5.1 Requirements
23
303-5.1.1 General
23
303-5.5 Finishing
23
303-5.5.1 General
23
303-5.5.2 Curb
23
303-5.5.4 Gutter
23
SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION
23
308-1 General
24
SECTION 310 - PAINTING
25
310-5 PAINTING VARIOUS SURFACES
25
310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings
25
310-5.6.6 Preparation of Existing Surfaces
25
310-5.6.7 Layout, Alignment, and Spotting
25
310-5.6.8 Application of Paint
25
310-5.6.11 Pavement Markers
26
SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL
26
312-1 PLACEMENT
26
Appendix A: Construction Phasing Plan
Appendix B: Geotechnical Investigation Report
CITY OF NEWPORT BEACH
r.,'�F
SS/ppPUBLIC WORKS DEPARTMENTNK
h THAN TRAN
SPECIAL PROVISIONS W N1.?�45
CAMEO SHORES PAVEMENT RECONSTRUCTION
CONTRACT NO. 5891
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 -6057-S); (3) the City's
(2004 Edition), including Supplements; (4) Standard Specifications for Public Works
Construction (2009 Edition), including supplements. Copies of the City's Standard
Special Provisions and Standard Drawings may be purchased at the Public Works
Department. Copies of the Standard Specifications 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 residents; (2) construction surveying; (3)
removing existing pavement, curb and gutter, curb access ramps; (4) removing and
reconstructing roadway; (5) constructing curb, curb and gutter, sidewalk, and curb
access ramps; (6) adjusting City utility and survey facilities to grade; (7) installing
truncating domes, traffic striping and pavement markings; (8) coordinating with outside
utility owners to have their facilities raised to grade; (9) potholing to identify existing
utility lines; (10) removing existing hardscaping, storm drain pipe, pavement and
landscape as needed for contract work; (11) constructing storm drain diversion
structures including 6 -in pipe, diversion structure and catch basin; and (12) other
incidental items to be completed in work places required by the Plans and
Specifications."
Page 1 of 26
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 Coast Surveying and can be contacted at (714) 918-
6266. At a minimum, two (2) sets of cut -sheets for all areas shall be included in the bid
price and copies of each set shall be provided to City 48 -hours in advance of any work.
In addition, the filing of a Corner Record and/or a Record of Survey with the County
Surveyor's Office is required after the completion of Work. Prior to any demolition Work
the Contractor shall prepare and submit the Corner Records for review by the City a
minimum of three (3) working days before the anticipated Work.
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.3 Markup Replace this section with the following:
"(a) Work by Contractor. The following percentages shall be added to the
Contractor's costs and shall constitute the markup for all overhead and profits:
1)
Labor ............................................
15
2)
Materials .......................................
15
3)
Equipment Rental ...........................
15
4)
Other Items and Expenditures ...........
15
To the sum of the costs and markups provided for in this subsection, one (1)
percent shall be added for compensation for bonding.
Page 2 of 26
(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
F1fil11118Z9_41101 ZI
Add the following after the 3`d paragraph: "Within seven (7) Calendar days after
completion of the work or phase of work, the Contractor shall remove all USA utility
markings. Removal by sand blasting is not allowed. Any surface damaged by the
removal effort shall be repaired to its pre -construction condition or better."
5-2 PROTECTION
Add the following: In the event that an existing pull or meter box or cover is damaged by
the Work and is not re -useable, the Contractor shall provide and install a new pull or
meter box or cover of identical type and size at no additional cost to the City.
Add Section 5-7 ADJUSTMENT TO GRADE
Page 3 of 26
5-7 ADJUSTMENTS TO GRADE
The Contractor shall adjust or replace to finish grade of City -owned water meter boxes,
water valve covers, sewer manholes, sewer cleanouts and survey monuments.
The Contractor will be required to contact Southern California Edison, The Gas
Company, AT&T Telephone, cable television, and any other utility facilities to have their
existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility
company for the adjustment of their facilities in advance of work to avoid potential
delays to the Project Schedule.
SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
Add to this section: The time of completion as specified in Section 6-7, shall commence
on the date of the `Notice to Proceed.
6-1.1 Construction Schedule
Add the following between the first and second paragraphs of this section:
No work shall begin until a "Notice to Proceed" has been issued, a pre -construction
meeting has been conducted, and a schedule of work has been approved by the
Engineer. The Contractor shall submit a construction schedule to the Engineer for
approval a minimum of five working days prior to the pre -construction meeting.
Schedule may be bar chart or CPM style.
The Engineer will review the schedule and may require the Contractor to modify the
schedule to conform to the requirements of the Contract Documents. If work falls behind
the approved schedule, the Contractor shall be prohibited from starting additional work
until Contractor has exerted extra effort to meet the original schedule and has
demonstrated that the ability to maintain the approved schedule in the future. Such
stoppages of work shall in no way relieve the Contractor from the overall time of
completion requirement, nor shall it be construed as the basis for payment of extra work
because additional personnel and equipment were required on the job."
6-7 TIME OF COMPLETION
6-7.1 General
Add to this section: "The Contractor shall complete all work under the Contract within
100 consecutive working days after the date on the Notice to Proceed.
See Section 6-11 for construction phasing.
Page 4 of 26
The Contractor shall ensure the availability and delivery of all material prior to the start
of work. Unavailability of material will not be sufficient reason to grant the Contractor an
extension of time for 100 percent completion of work."
6-7.2 Working Days
Revise 3) to read: "any City holiday, defined as January 1 st (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 41h, the first Monday in September
(Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in
November (Thanksgiving and Friday after, December 24th (Christmas Eve),
December 25th (Christmas), and December 31 s (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 6:00 p.m. on Saturday only. A request for working
outside the normal working hours must be made at least 72 hours in advance of the
desired time period. A separate request must be made for each work shift. The
Engineer reserves the right to deny any or all such requests. Additionally, the Contractor
shall pay for supplemental inspection costs of $146 per hour when such time periods
are approved.
6-9 LIQUIDATED DAMAGES
Revise sentence three to read: "For each consecutive calendar day after the time
specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City
or have withheld from moneys due it, the daily sum of $500.
Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute
agreement by the Agency and Contractor that the above liquidated damages per day is
the minimum value of the costs and actual damage caused by the failure of the
Contractor to complete the Work within the allotted time.
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly preplanned continuous sequence so as to minimize
Page 5 of 26
inconvenience to residences, businesses, vehicular and pedestrian traffic, and the
public as a result of construction operations."
6-11 CONSTRUCTION PHASING
Contractor shall follow the Construction Phasing Plan in Appendix A. Any modification
from this Construction Phasing Plan shall be submitted to the Engineer for approval
prior to bid opening.
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, he 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."
7-8 WORK SITE MAINTENANCE
Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets
Page 6 of 26
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
Iaydown 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."
7-8.6.2 Best Management Practices (BMPs)
Add to this section: The Contractor shall submit a Best Management Practice (BMP)
plan for containing any wastewater or storm water runoff from the project site including,
but not limited to the following:
a. No placement of construction materials where they could enter storm drain system,
which includes gutters that lead to catch basins.
b. Checking construction vehicles for leaking fluids.
c. Providing a controlled area for cleaning or rinse -down activities.
d. Monitoring construction activities.
e. Minimizing usage of water when saw -cutting and vacuum the residue.
f. Providing measures to capture or vacuum -up water contaminated with
construction debris.
g. Removing any construction related debris on a daily basis.
h. Protecting work areas from erosion.
The BMP will be approved by the Engineer prior to any work. The City of Newport
Beach will monitor the adjacent storm drains and streets for compliance. Failure of the
Contractor to follow BMP will result in immediate cleanup by City and back -charging the
Contractor for all costs plus 15 percent. The Contractor may also receive a separate
Administrative Citation per Section 14.36.030A23 of the City's Municipal Code.
Page 7 of 26
7-8.6.4 Dewatering
Delete subsection in total and substitute with the following "Dewatering shall be
performed by the Contractor as necessary for construction of the Work and shall include
storm drain, subsurface and surface water. Dewatering shall be performed in
conformance with NPDES Permit No. CAG918002 and/ or NPDES Permit CAG998001
as defined by the location of the Construction site and all other applicable local, state
and Federal laws and permits issued by jurisdictional regulatory agencies. Permits
necessary for treatment and disposal of accumulated water shall be obtained by the
Contractor. Accumulated water shall be treated prior to disposal as required by a permit.
The Contractor shall submit a working drawing and related supporting information per 2-
5.3 detailing its proposed plan and methodology of dewatering and treatment and
disposal of accumulated water. The plan shall identify the location, type and size of
dewatering devices, pits and related equipment, the size and type of materials
composing the collection system, the size and type of equipment to be used to retain
and treat accumulated water, and the proposed disposal locations. The proposed
disposal location will be either a storm drain system or receiving body of water as
determine by the location of the Construction site. The Contractor shall provide the
minimum number of pits necessary to allow for the construction and not affect areas
outside the work zone. The Contractor shall note that due to existing topography
subsurface water may be encounter during construction the diversion structures along
Brighton Road near Camden Drive and dewatering will be required."
7-8.6.5 Payment
Delete Subsection in total and substitute with the following: "Unless otherwise provided
in the specifications, no payment for implementation and maintenance of BMPs shall be
considered. The cost thereof shall be considered as included in the price bid for the
construction or installation of the items to which implementation and maintenance of
BMPs is required, incidental or appurtenant. Said cost shall also include full
compensation for all labor and materials including required disposal of materials.
Payment for dewatering and storm drain flow bypass system shall be included in the
price bid for the construction or installation of the items to which implementation and
maintenance of dewatering or flow bypass is required, incidental or appurtenant. Said
cost shall also include full compensation for all labor and materials including
implementation and maintenance."
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."
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
Delete the second paragraph and substitute with the following: "For the storm water
diversion structure work, the Contractor shall relocate, repair, replace or reestablish all
existing improvements within the project limits which are not designated for removal
(e.g., curbs, gutters, sidewalks, driveways, sprinkler systems, signs, utility installations,
Page 8 of 26
pavements, and structures.) which are damaged or removed as a result of his
operations.
Where existing traffic striping, pavement markings and curb markings are damaged or
their reflectivity reduced by the Contractor's operations, such striping or markings shall
also be considered as existing improvements and the Contractor shall repaint or replace
such improvements.
Relocations, repairs, replacements or reestablishments shall be equal to the existing
improvements and shall match such improvements in finish and dimensions unless
otherwise specified."
Delete the fourth paragraph and substitute with the following: "Trees, lawns, and
shrubbery that are not to be removed shall be protected from damage or injury. If
damaged or removed due to Contractor's operations, they shall be restored or replaced
in as nearly the original condition and location as is reasonably possible. Lawns shall be
replaced or restored by grass sod, equal to the existing turf (grass)."
Delete the fifth paragraph and substitute with the following: "The Contractor shall give
reasonable notice to occupants or owners within the project limits to permit them to
salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the
project limits which are designated for removal and would be destroyed because of the
Work."
Add the following to the end of the section: "The Contractor shall be responsible to
protect in place at all times existing curb and gutter, driveways, street improvements,
landscaping, and the adjacent private property improvements outside of the described
limits of the work area from damage during the course of its work. Any damage to the
above improvements shall be replaced at the Contractor's expense and no additional
compensation shall be allowed therefore.
If an existing tree has been identified as to be protected in place and requires the
Contractor to provide root pruning refer to 308-1."
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
Page 9 of 26
measures deemed necessary by the Engineer to safely direct the public around areas of
construction, and into (and out of) the affected establishments.
Contractor shall be responsible for placement and replacement of all traffic control signs
and cones. At a minimum, Contractor shall drive the entire project site twice a day,
once in the morning and a second time in the evening, on Saturdays, Sundays and
holidays to confirm and replace all traffic control signs and cones that may have been
moved."
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 detour plan showing typical closures
and detour(s). The Contractor shall be responsible for processing and obtaining
approval of a traffic detour plans from the City's Traffic Engineer. Typical closures shall
conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK
(W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following
items:
1. Emergency vehicle access shall be maintained at all times.
2. The locations and wordings of all barricades, signs, delineators, lights, warning
devices, parking restrictions, and any other required details shall ensure that all
pedestrian and vehicular traffic will be handled in a safe manner with a minimum
of inconvenience to the public.
3. 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. The Contractor shall make special accommodations to provide access for
residents with disabilities in the closed streets.
6. Sidewalk closures in non-residential areas, or as determined by the City, 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.
7. Sidewalk closures in residential areas, or as determined by the City, shall be
set with barricades and SIDEWALK CLOSED signs on barricades at the
closure.
Page 10 of 26
8. The Contractor shall follow the construction phasing plan in Appendix A.
Street shall be opened and paved back within 5 working days in each phase.
The Contractor shall make special accommodations to provide access for
residents with disabilities in the closed streets.
9. The Contractor shall provide 2 flagpersons at East Coast Highway entrance
to the tract while closing down to one lane for work at this intersection. This
cost shall be included in the traffic control bid item."
7-10.4 Safety
7-10.4.1 Safety Orders
Add to this section: "The Contractor shall be solely and completely responsible for
conditions of the job -site, including safety of all persons and property during
performance of the work, and the Contractor shall fully comply with all State, Federal
and other laws, rules, regulations, and orders relating to the safety of the public and
workers.
The right of the Engineer or the City's Representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site."
Add the following Section 7-10.5 "No Parking" Signs
7-10.5 "No Parking" Signs
The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs
(even if streets have posted "NO PARKING" signs) which he shall post at least forty-
eight hours in advance of the need for enforcement. The signs will be provided by the
City at no cost to the Contractor. However, the City reserves the right to charge $2.00
per sign following any excessive abuse or wastage of the signs by the Contractor. In
addition, it shall be the Contractor's responsibility to notify the City's Police Department
at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the
need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking"
signs are available at the Public Works Department public counter.
The Contractor shall print the hours and dates of parking restriction on the "NO
PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample
of the completed sign shall be reviewed and approved by the Engineer prior to posting.
Add the following Section 7-10.6 Notice to Residents
7-10.6 Notices to Residents
Forty-eight hours prior to the start of construction, the Contractor shall distribute to the
residents a second written notice prepared by the City clearly indicating specific dates in
Page 11 of 26
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 7-15 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 Engineering Contractor "A" License. At the start of work and until completion of
work, the Contractor and all Sub -contractors shall possess a valid Business License
issued by the City of Newport Beach.
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
are to be provided for access, inspection, and copying of this material."
Add the following Section 7-20 Storm Drain Flow Bypass System:
7-20 STORM DRAIN FLOW BYPASS SYSTEM
"As a part of this project, the Contractor will be responsible for the temporary by-pass of
the storm drain system. The Contractor shall bypass all storm drain flows during storm
drain related construction operations, as required. The Contractor shall at all times be
responsible for the operation of the bypass system, including furnishing the necessary
Page 12 of 26
equipment and making arrangements to obtain power as required. If pumping is
required, the system shall be designed to handle 120% of the peace flow as specified
by the City. The effluent level in the bypass pumping manhole shall not be allowed to
rise more than 1 foot above the crown of the incoming storm drain pipe. Plans for
bypassing shall be submitted by the Contractor to the City for approval prior to related
construction activity, allowing at least 10 working days for review and return of
comments. Approval by the City does not in any way relieve the Contractor of its
responsibilities provided for in this section of any public liability for storm drain spills
under this Contract. The cost thereof shall be considered as included in the price bid for
the construction or installation of the items to which providing storm drain flow by-pass
is incidental or appurtenant.
Payment for storm drain flow bypass shall be included with the installation of the storm
drain diversion structure or catch basin. Said cost shall also include full compensation
for all labor and materials including implementation and maintenance."
SECTION 9 - MEASUREMENT AND PAYMENT
9-3 PAYMENT
9-3.1 General
Revise paragraph two to read: The unit and lump sum prices bid for each item of work
shown on the proposal shall include full compensation for furnishing the labor,
materials, tools, and equipment and doing all the work, including restoring all existing
improvements, to complete the item of work in place and no other compensation will be
allowed thereafter. Payment for incidental items of work not separately listed shall be
included in the prices shown for the other related items of work. The following items of
work pertain to the bid items included within the Proposal:
Item No. 1 Mobilization and Demobilization: Work under this item shall include
providing bonds, insurance and financing, establishing a field office, preparing the
SWPPP or BMP Plan and construction schedule, and all other related work as required
by the Contract Documents. It shall also include work to demobilize from the project
site including but not limited to site cleanup, removal of USA Markings and providing
any required documentation as noted in these Special Provisions.
Item No. 2 Traffic Control: Work under this item shall include delivering all
required notifications and temporary parking permits, post signs and all costs incurred
notifying residents. In addition, this item includes preparing traffic detour 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.
Page 13 of 26
Item No. 3 Surveying Services: Work under this item shall include establishing
survey controls, all horizontal alignments, restoring survey monuments, property
corners and centerline ties disturbed by the work, providing any and all surveying work
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 Provide As -Built Drawings: Work under this item shall include all
actions necessary to provide as -built drawings. These drawings must be kept up to date
and submitted to the Engineer for review prior to request for payment. An amount of
$5,000 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.
Item No. 5 Excavation for New 7 -in Pavement Section: Work under this item
shall include removing and disposing of the existing roadway to accommodate new 7 -in
thick pavement section in reconstruction areas only, subgrade compaction, and all other
related work as required by the Contract Documents.
Item No. 6 Excavation for New 10 -in Pavement Section: Work under this item
shall include removing and disposing of the existing roadway to accommodate new 10 -
in thick pavement section in reconstruction areas only, subgrade compaction, and all
other related work as required by the Contract Documents.
Item No. 7 Construct 2 -in Thick AC Finish Course: Work under this item shall
include all labor, tools, equipment and material costs for placement of 2 -in thick AC
finish course Type III -C3 -PG 64-10 and all other work items as required to complete the
work in place. Finish course shall be placed on top of either the 5 -in AC base course for
the 7 -in pavement section or the variable depth AC leveling course for the 10 -in
pavement section.
Item No. 8 Construct Variable Depth (Minimum 2 -in Thick) AC Leveling
Course: Work under this item shall include all labor, tools, equipment and material
costs for placement of variable depth (minimum 2 -in thick) AC leveling course Type III -
C3 -PG 64-10 and all other work items as required to complete the work in place.
Leveling course shall be placed on top of the 6 -in AC base course for the 10 -in
pavement section.
Item No. 9 Construct AC Base Course: Work under this item shall include all
labor, tools, equipment and material costs for constructing either the 5 -in base course
for the 7 -in pavement section or the 6 -in base course for the 10 -in pavement section
and all other work items as required to complete the work in place. AC base course
shall be placed on top of 90 percent compacted subgrade and shall be Type III -132 -PG
64-10.
Item No. 10 Remove and Reconstruct 6 -in Thick PCC Driveway Approach:
Work under this item shall include removing and disposing of the existing driveway
approach, compacting subgrade, reconstructing 6 -in thick driveway approach per City
Page 14 of 26
standard, restoring all existing improvements damaged by the work, and all other work
items as required for performing the work complete and in place.
Item No. 11 Remove and Reconstruct 4 -in Thick PCC Sidewalk: Work under
this item shall include removing and disposing of the existing sidewalk, sub grade
compaction, constructing the 4 -in thick PCC sidewalk as shown on plan and as marked
in the field, and all other work items as required to complete the work in place.
Contractor shall protect in place utility vent(s) and traffic sign(s) in the work area.
Item No. 12 Remove and Construct 8 -in Thick PCC Cross Gutter: Work under
this item shall include removing and disposing of the cross gutter and spandrels,
subgrade compaction, placing crushed miscellaneous base, base compaction,
constructing 8 -in thick PCC cross gutter, adjusting City utility facilities such as street
lighting, sewer, water, etc. boxes and covers to grade, and all other work items as
required to complete the work in place.
Item No. 13 Remove and Reconstruct Type "A" PCC Curb and Gutter: Work
under this item shall include removing and disposing of the existing curb and gutter,
compacting subgrade, reconstructing curb openings of existing curb drains,
reconstructing PCC curb and gutter per City standard, re -chiseling of curb face for
existing underground utilities, restoring all existing improvements damaged by the work,
and all other work items as required for performing the work complete and in place.
Item No. 14 Remove and Reconstruct PCC Curb Access Ramp: Work under
this item shall include sawcutting, removal and disposal of conflicting portions of existing
improvements, compacting subgrade, construction of concrete access ramp per CNB
STD -181 -L -A -D, and all other work items as required to complete the work in place.
Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as
manufactured by Wausau Tile, Inc (715) 359-3121 of Wisconsin or equal. This item
shall include the retaining curb at each curb ramp.
Item No. 15 Remove and Reconstruct PCC Curb Access Ramp per Plan Detail:
Work under this item shall include sawcutting, removal and disposal of conflicting
portions of existing improvements, compacting subgrade, construction of concrete
access ramp per Plan Details on Sheet 4 and City standard plan, and all other work
items as required to complete the work in place. Raised truncated domes shall be dark
grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715)
359-3121 of Wisconsin or equal.
Item No. 16 Remove Existing and Replace New Water Meter Box and Cover to
Grade: Work under this item shall include removing the existing water valve boxes and
installing new water valve boxes and covers to grade per CNB STD -502-L and all other
work items as required to complete the work in place.
Item No. 17 Remove Existing and Replace New Water Valve Box and Cover to
Grade: Work under this item shall include removing the existing water valve boxes and
installing new water valve boxes and covers to grade per CNB STD -511-L and all other
work items as required to complete the work in place.
Page 15 of 26
Item No. 18 Prune Tree Root & Install Root Barrier: Work under this item shall
include root pruning and disposal, and installing root barriers per Section 308-1,
restoring existing improvements damaged by the work, and all other work items as
required for performing the work complete and in place. All utilities or other
improvements damaged by the work shall be immediately repaired at the expense of
the Contractor and no additional compensation shall be made.
Item No. 19 Adjust Manhole Frame and Cover to Grade: Work under this item
shall include adjusting, lowering and raising during paving operation of all manhole
frame and cover to grade per CNB STD -511-L and all other work items as required to
complete the work in place.
Item No. 20 Remove and Replace Sewer Clean Out Frame and Cover to Grade:
Work under this item shall include removing the existing sewer cleanout frame and
cover and replacing with new sewer cleanout frame and cover to grade per CNB STD -
406 -L and all other work items as required to complete the work in place.
Item No. 21 Remove Existing and Replace New Street Light Pull Box to Grade:
Work under this item shall include removing the existing and installing new street light
pull boxes to grade per CNB STD -204-L and all other work items as required to
complete the work in place.
Item No. 22 Install Signs, Striping and Pavement Markings: Work under this
item shall include removing existing striping, and installing traffic striping, pavement
markers, signs as shown on the signing and striping plans and all other work items as
required to complete the work in place. This item shall include removing and installing
all pavement legends.
Item No. 23 Remove Existing and Installing Red Curb Marking: Work under this
item shall include removing existing red curb marking within the work limits by sand
blasting, hand scraping or other methods as approved by the Engineer and installing
new red curb marking.
Item No. 24 Core Existing Sewer Manhole and Install 6 -in PVC (SDR 35) Drain
Pipe: Work under this item shall include coring the existing sewer manhole, installing
pipe per City requirements and providing for a water tight fitting and all other work items
as required to complete the work in place.
Item No. 25 Furnish and Install 6 -in PVC (SDR 35) Drain Pipe: Work under this
item shall include furnishing and installing all pipe material including, but not limited to,
pavement or natural ground 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 pipe
including necessary fittings and couplings per CNB STD -106-L (trench resurfacing to
match existing), potholing of all existing facilities, connections to existing facilities,
removal, abandonment or protection of interfering portions of existing utilities or
Page 16 of 26
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. 26 Furnish and Install 6" PVC (SDR 35) Cleanout: Work under this item
shall include constructing cleanout, including but not limited to, pavement or natural
ground removal, exposing utilities in advance of work, excavation, temporary patching
or plating, control of ground and surface water, backfill, compaction, disposal of excess
excavated materials, furnishing and installing riser, clean out frames and covers, with
necessary fittings per CNB STD -406-L, adjusting, lowering and raising to grade as
needed during construction, potholing of all existing utilities, connections to existing
and/or new facilities, removal, abandonment or protection of interfering portions of
existing utilities or improvements, temporary and permanent support of utilities, and all
other work items as required to complete the work in place.
Item No. 27 Construct Diversion Structure Per Plan Detail No. 53: Work under
this item shall include but not limited to, pavement removal, exposing utilities in advance
of work, excavation, temporary patching or plating, control of ground and surface water,
backfill, compaction, disposal of excess excavated materials, constructing a PCC
diversion structures including a weir per CNB STD -310-L with 36"x24" eccentric shaft
and 24" manhole frame and cover per CNB STD -1 12-L and Plan Detail No. 53,
potholing of all existing utilities, connections to existing facilities, removal, abandonment
or protection of interfering portions of existing utilities or improvements, temporary and
permanent support of utilities, and all other work items as required to complete the work
in place
Item No. 28 Remove Interfering Portions of Existing Storm Drain: Work under
this item shall include removal of interfering portions of existing storm drain pipe for new
PCC Diversion Structure and all other work items as required to complete the work in
place.
Item No. 29 Furnish and Install 6 -in Checkmate Inline Check Valve: Work under
this item shall include installing a 6 -in Checkmate inline check valve (Downstream
Clamp Model) by Tideflex (or approved equal) including fittings for PVC (SDR 35) drain
pipe, valve extension and all other work items as required to complete the work in place.
Item No. 30 Construct 2 -ft and 6 -in x 4 -ft Steel Reinforced PCC Vault: Work
under this item shall include constructing a PCC vault with 6 -in thick walls and 12 -in
thick flat top reinforced for H-20 loading, with 8 -in minimum %" crushed rock base;
including sawcutting, removing and installing full depth AC slot patch for new work
(W=1' minimum), but not limited to, pavement removal, exposing utilities in advance of
work, excavation, shoring, temporary patching or plating, control of ground, storm drain
and surface water, backfill, compaction, disposing of excess excavated materials,
installing base, shaft, grade rings, manhole frame and cover, connections to existing
facilities, protection of interfering portions of existing utilities or improvements,
temporary and permanent support of utilities, and all other work items as required to
complete the work in place.
Page 17 of 26
Item No. 31 Furnish and Install 29 -in x 48 -in (Clear Opening) Single Door
Hatch: Work under this item shall include furnishing and installing a single door hatch
with the vault designed for H-20 loading with SS spring assist by US Foundry (Model
DT -AHS) or approved equal, and all other work items as required to complete the work
in place.
Item No. 32 Furnish and Install 6 -in Tru/Mag Neptune Flow Meter: Work under
this item shall include furnishing and installing a 6 -in Tru/Mag Neptune Flow Meter, or
approved equal, including, but not limited to, temporary and permanent support of
meter, adaptors and all other work items as required to complete the work in place.
Item No. 33 Furnish and Install 6 -in Push -On Gate Valve: Work under this item
shall include furnishing and installing a 6 -in Push -On (Slip On) Gate Valve per CNB
STD -511-L including, but not limited to, temporary and permanent support of valve,
valve extension, adaptors and all other work items as required to complete the work in
place.
Item No. 34 Remove and Reconstruct Top Slab, Local Depression and Grates:
Work under this item shall include removing existing pavement and catch basin top slab
and local depression, reconstructing a curb opening catch basin top slab with three
grates and local depression per CNB STD -321 -L-A and CNB STD -321 -L -B all other
work items as required to complete the work in place.
Item No. 35 Remove Existing and Reconstruct Catch Basin and Grates,
Modified with PCC Diversion Plate: Work under this item shall include removing
existing pavement and catch basin, exposing utilities in advance of work, excavation,
temporary patching or plating, controlling ground and surface water, backfill,
compaction, disposing of excess excavated materials, potholing all existing utilities,
connections to existing facilities, removing, abandoning or protecting interfering portions
of existing utilities or improvements, temporary and permanent support of utilities,
constructing a curb opening catch basin with three grates, modified with PCC diversion
plate per plan detail and CNB STD -321 -L-A and CNB STD -321 -L -B all other work items
as required to complete the work in place.
Item No. 36 Furnish and Install Debris Screen Over 6 -in Pipe Opening Inside
Structure: Work under this item shall include furnishing and installing stainless steel
brackets and stainless steel removable frame with stainless steel %" (max opening)
screen over the 6 -in pipe in the diversion structure and catch basin and all other work
items as required to complete the work in place
Item No. 37 Remove, Modify, and Replace or Protect Existing Landscaping
and Irrigation: There is existing landscaping and irrigation within the project limits that
will need to be removed, relocated, modified and/ or replaced. Landscaping shall
include, but not be limited to ground cover, bushes, plants, curb drain (including pipe).
The work under this item shall include but not be limited to removing, relocating and/ or
protecting landscaping and irrigation or replacing the landscaping and irrigation to a
condition equal to or better than that which existed prior to the start of work, unless
otherwise provided for on the plans or in these specifications. The Contractor shall re -
Page 18 of 26
route interfering portions of the existing irrigation system including relocating or adding
new heads, connecting the new service to the existing service and shall make
temporary connection(s) to any irrigation system that is disconnected during the course
of its work. It is the Contractor's responsibility to examine the site and determine what
damage will be incurred by the new construction. The Contractor shall restore the work
area to its original condition and state of usefulness as soon as practicable and all other
work items as required to complete the work in place.
Item No. 38 Subgrade Preparation: Work under this item shall include reworking
the top one foot of the subgrade to ensure 90 percent relative compaction before
placement of the pavement structural section. Refer to the Geotechnical Report, dated
December 5, 2014 in the Appendix B.
Item No. 39 Provide Allowance for Unforeseen Conditions: An amount of
$100,000 is to be included for unknown underground obstructions, as directed by the
Engineer based on a time & materials basis.
9-3.2 Partial and Final Payment.
Delete the third paragraph and replace with the following: "From each progress
estimate, five (5) percent will be retained by the Agency, and the remainder less the
amount of all previous payments will be paid."
Add to this section: "Partial payments for mobilization and traffic control shall be
made in accordance with Section 10264 of the California Public Contract Code."
PART 2 - CONSTRUCTION MATERIALS
SECTION 201 - CONCRETE. MORTAR AND RELATED MATERIALS
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.
201-2 REINFORCEMENT FOR CONCRETE
201-2.2 Steel Reinforcement
201-2.2.1 Reinforcing Steel
Page 19 of 26
Add to this section: Reinforcing steel shall be Grade 60 steel conforming to ASTM A
615 with 2 -inch minimum cover unless shown otherwise on the plans. All reinforcing
steel bars shall be epoxy coated.
201-7 NON -MASONRY GROUT
201-7.2 Quick Setting Grout
Add to this section: The Contractor shall grout the area between an existing reinforced
concrete structure and the new storm drain pipe with a quick setting grout.
SECTION 203—BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE
203-6.4 Asphalt Concrete Mixtures
203-6-4.3 Composition of Grading
Add this Section: "Asphalt Concrete for the finish course shall be C2 64-10 and B 64-10
for the base course."
SECTION 207 - PIPE
207-2 REINFORCED CONCRETE PIPE (RCP)
207-2.1 General
These specifications apply to reinforced concrete pipe intended to be used for the
construction of storm drains, sewers, and related structures.
207-2.5 Joints
Add to this section: "All storm drain joints shall be sealed with an external joint sealer for
pre -cast concrete. The joint sealer shall consist of a reinforced collar composed of
rubberized mastic formulated to bond into the pores of the concrete. The joint sealer
shall also have embedded steel straps. The Contractor shall use Mar Mac "Mac Wrap"
or approved equal. Mar Mac Manufacturing Company may be contacted at (800) 845-
6962."
SECTION 212 --- LANDSCAPE AND IRRIGATION MATERIALS
212-1 LANDSCAPE MATERIALS
212-1.6 Root Barriers. Root barriers shall be Century Products CP Series or
approved equal. Root barriers shall be installed linearly, 15 -ft long, 30 -inch deep behind
the back of curb. Refer to Section 308-4.3 and construction drawings for locations of
root barriers.
Page 20 of 26
SECTION 214 - PAVEMENT MARKERS
214-4 NONREFLECTIVE PAVEMENT MARKERS
Add to this Section: All new non -reflective pavement markers Types A and AY shall be
ceramic.
214-5 REFLECTIVE PAVEMENT MARKERS
Add to this Section: All new reflective pavement markers shall have glass -covered
reflective faces or be 3M Series 290.
PART 3 - CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.3 Removal and Disposal of Materials
Add to this Section: "Removal and disposal of material shall be done by City
approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of
approved haulers can be provided upon request or be found on the City's website at:
httA://newportbeachca.gov/index.aspx?r)age=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 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."
Page 21 of 26
300-1.3.2 Requirements
(c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley
Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly
made to a minimum of two (2) inches." Replace the words 1-Y2 '/z inch" of the last sentence
with the words "two (2) inches".
Add the following Section 301.5 Solid Waste Diversion
300-1.5 Solid Waste Diversion
Non -reinforced concrete and asphalt wastes generated from the job site shall be
disposed of at a facility that crushes such materials for reuse. Excess soil and other
recyclable solid wastes shall not be disposed of at a sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated
and solid wastes disposed of at a sanitary landfill. The Contractor shall report said
tonnage monthly to the Engineer and provide appropriate confirmation documentation
from the recycling facility. All material disposal manifests shall be provided to the
Engineer prior to release of final retention."
SECTION 302 - ROADWAY SURFACING
302-5 ASPHALT CONCRETE PAVEMENT
302-5.1 General
Add to this section: "All cracks %-inch or greater in width shall be cleaned, have weed
kill applied and sealed with a hot -applied crack sealant approved by the Engineer. In
residential areas no highway rated equipment or trucks are to be used (e.g. no super
trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be
approved by Engineer. The top 1%2 inches of asphalt (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
SS -1 h asphaltic emulsion at a rate not to exceed one-tenth
yard shall be uniformly applied to existing AC and PCC
which asphalt concrete is to be placed."
302-6 PORTLAND CEMENT CONCRETE PAVEMENT
302-6.6 Curing
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patches, a tack coat of Type
(1/10) of a gallon per square
surfaces and edges against
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 PCC improvements subject to
vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a
minimum strength of 3,000 psi."
303-5.5 Finishing
303-5.5.1 General
Add to this section: "The Contractor shall patch back AC, PCC and brick within private
property at locations shown on the plans in a manner that matches the adjoining
existing private property in structural section, texture and color."
303-5.5.2 Curb
Add to this section: "The Contractor shall install or replace curb markings that indicate
sewer lateral or water valve location on the face of the curb. The Contractor shall mark
the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for
water valve locations. "X" shall indicate the number of feet from the curb face to the
valve. A two (2) day notice to the Engineer is required for requests to the City to
determine the location of sewer laterals and water services."
303-5.5.4 Gutter
Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet
of those elevations shown on the plan."
SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION
Page 23 of 26
308-1 General
Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and
removing tree roots that interfere with the work. The Contractor shall be responsible for
ensuring that no tree roots are pruned or cut that could compromise the stability of the
tree.
The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John
Conway at (949) 644-3083 a minimum of five workdays prior to beginning the work. The
Contractor shall describe the method of pruning and removing minor tree roots that may
be encountered during construction. The Urban Forrester will decide at that time if a
formal submittal is required for review by the City.
If the Contractor encounters large tree roots, he/she shall cease work at that location
and immediately contact the City's Urban Forrester for inspection. Upon inspection, the
Urban Forrester may require the Contractor to formally submit a plan for removing the
large roots to the City for review.
If required, the submittal shall adhere to the following guidelines.
1. Root Pruning
a. Whenever possible, root pruning shall only be done on one side of the tree
unless specifically authorized by the City's Urban Forester.
b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable
tool.
2. Arbitrary Root Cut
a. A straight cut with a root -cutting machine shall be made.
b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs,
and shall be made as far away from the tree base as possible.
3. Selective Root Pruning
a. This process involves selectively removing offending roots when a tree trunk or
root flare is less than 2 feet from the sidewalk and/or the size, species or
condition of the tree warrants a root cut to be hazardous to the tree or when
there is only one minor offending root to be removed and/or the damage is
minimal (i.e., only one panel uplifted, etc.)
b. Selective root pruning shall be performed with an ax or stump -grinding machine
instead of a root -pruning machine.
c. All tree roots that are within the sidewalk construction area shall be removed
or shaved down.
Page 24 of 26
Roots greater than two inches in diameter that must be removed, must be
pre -approved by the City's Urban Forester.
e. Roots shall be selected for removal on the basis that will have the least impact
on the health and stability for the tree.
SECTION 310 - PAINTING
310-5 PAINTING VARIOUS SURFACES
310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings
310-5.6.6 Preparation of Existing Surfaces
Modify and amend this section to read: "The Contractor shall remove all existing
thermoplastic traffic striping and pavement markings prior to application of slurry seal by
a method approved by the Engineer."
310-5.6.7 Layout, Alignment, and Spotting
Modify and amend this section to read: "The Contractor shall perform all layout, alignment,
and spotting. The Contractor shall be responsible for the completeness and accuracy of all
layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet
from the alignment shown on the plans. The Contractor shall mark or otherwise delineate
the new traffic lanes and pavement markings within 24 hours after the removal or covering
of existing striping or markings. No street shall be without the proper striping over a
weekend or holiday. Stop bars shall not remain unpainted overnight."
310-5.6.8 Application of Paint
Add to this section: "Temporary painted traffic striping and markings shall be applied in
one coat, as soon as possible and within 24 hours after the finish course has been
applied.
Paint for temporary traffic striping and pavement markings shall be white Formula No.
2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured
by Morton. These temporary paints shall be applied at 15 mils wet.
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.
Page 25 of 26
If the Contractor fails to perform striping as specified herein, the Contractor shall cease
all contract work until the striping has been properly performed. Such termination of
work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and
re -notify the affected residents, at the Contractor's sole expense. In addition, if the
Contractor removes/covers/damages existing striping and/or raised pavement markers
outside of the work area, he shall re-stripe/replace such work items at no cost to the
City.
The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer,
temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is
more than one lane in any one direction, for more than three consecutive calendar days.
Dependent upon construction phasing, the Engineer may require the Contractor to
apply two applications of paint to maintain adequate delineation on base pavement
surfaces, at no additional cost to the City."
Add the following Section:
310-5.6.11 Pavement Markers
All Pavement markers shall comply with Section 85 of the State of California Standard
Specifications. Non -reflective markers shall be ceramic. All new markers shall have
glass faces or be 3M series 290.
SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL
312-1 PLACEMENT
Amend this section with: "The location of raised pavement fire hydrant marker shall
conform to the City of Newport Beach Standard Plan No. STD -902-L".
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