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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 Page 22 of 26 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". Page 26 of 26