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C-5869 - Irvine Avenue Pavement and Median Rehabilitation
June 27, 2018 All American Asphalt Attn: Michael Farkas 400 E. Sixth Street Corona, CA 92879 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 Fax newportbeachca.gov Subject: Irvine Ave Pavement and Median Rehabilitation — C-5869 Dear Mr. Farkas: On June 27, 2017, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on June 29, 2017 Reference No. 2017000269223. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is 7649486. Enclosed is the Faithful Performance Bond. Sincerely, *&-- Leilani I. Brown, MMC City Clerk Enclosure This bond was executed in two (2) EXHIBIT B identical counterparts. CITY OF NEWPORT BEACH BOND NO. 7650875 FAITHFUL PERFORMANCE BOND THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT PRICE The premium charges on this Bond is $ 9_,730.00 , being at the rate of $ 7.26 / $5.34 / $4.84 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to HARDY & HARPER, INC., hereinafter designated as the "Principal," a contract for the mobilization, traffic control, construction notification, curb and gutter, sidewalk, curb ramps, and roadway resurfacing, and complete all other items of work as required in place, 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 * Dollars and _/100 ($1,919,000.00 ) 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. *One Million Nine Hundred Nineteen Thousand and 00/100 THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 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. Hardy & Harper, Inc. Page B-1 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 16th dayAl Swi ber �, ,20 116 . Hardy & Harper, Inc. Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety 777 South Figueroa Street, Suite 3900 Los Angeles, CA 90017 Address of Surety (213)270-0600 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: IVJ116 By: Aaron C. Harp (AM OW91tU City Attomey Authorized Signature/Title Steve Ki-rschner — Vice President Authorized Agent Signature Dwight Reilly, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Hardy & Harper, Inc. Page B-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 - — — —=Wic�l�.c�F.��.c�fu-n.�,�.c�C,c�'.c�cJ:ct.�.ctn�'t^�:ct•^n^nn.ct.c�^,c<^:c�.r^.cv,ct�:�S 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 Sep emb_e 16 2016 before me, Tina Pham, Notary Public Date Here Insert Name and Title of the Officer personally appeared of who proved to me on the basis of satisfactory evidence to be the person(x) whose name(8) is/aYe subscribed to the within instrument and acknowledged to me that he/sKe/ff*y executed the same in his/her/their authorized capacity(ias), and that by his/hor/their signature(g) on the instrument the person(R), or the entity upon behalf of which the person(x) 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. QM TINA PHAM WITNESS my hand and official seal. COMM, #2149384 N Notary Public•California ORANGE COUNTY a Signature y Comm. Expires Apr 17, 2020 Sign tune 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: Faithful Performance Bond Document Date: September 16, 2016 Number of Pages: 2 Signer(s) Other Than Named Above: Dwight Reilly Capacity(ies) Claimed by Signer(s) Signer's Name: _Steve Kirschner ❑✓ Corporate Officer — Title(s): vine PrasiriPnt ❑ Partner — ❑ Limited ❑ General .❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Hardy & Harper, Inc Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 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 r 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 Orange ?ss. On September 16 , 2016 before me, Susan Pu rh , Notary Public, personally appeared Dwight Reilly , 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. SUSAN PUGH x COMM. #2105405 0 °-R Notary Public California Q. _ 1 OF2ANrF_ COUNTY Signatu Susan Pugh �j i.iY Camm Fxpirr•s Apr 29,?_01915 (seal) Hardy & Harper, Inc. Page B-3 Bond No. 7650875 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 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 Daniel HUCKABAY, Dwight REILLY, Andrew WATERBURY, Arturo AYALA, Shaunna BURCHFIEL and Michael CASTANEDA, all of Orange, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 9th day of May, A.D. 2016. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND WSUq�4 'wQ D[Ips�� QGPp1MIF4^>(�e�' % SEAL `'�_._° toi -x I Secretary Vice President Eric D. Barnes Michael Bond State of Maryland County of Baltimore On this 9th day of May, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and ERIC D. BARNES, 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 POA -F 012-00798 September 5, 2017 All American Asphalt Attn: Michael Farkas 400 E. Sixth Street Corona, CA 92879 Subject: Irvine Ave Pavement and Median Rehabilitation C-5869 Dear Mr. Farkas: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 I 949-644-3039 Fax newportbeachca.gov On June 27,'2017 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 PerformanceBond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on June 29, 2017, Reference No. 2017000269223. The Surety for the bond is Fidelity and Deposit Company of Maryland and the bond number is 7649486. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure hemium is included in the performance bond Executed in:2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH, BOND NO. 764saa6 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Al American Asphalt hereinafter designated as the "Principal," a contract for Irvine Avenue Pavemenrin 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. *and Median Rehabilitation Contract No. 5869 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 IM -100`` Dollars ( ) 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, loingy, and severally, firmly by these present _ THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 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 of seq. of the Civil Code of the State of California. Page A-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract onto 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 18th day of May '2016 All American Asphalt Name of Contractor (Principal) Fidelity and Deposft Company of Maryland Name of Surety 777 S. Flgue Street, Suite 3900, Los Angeles, CA 90017 Address of Surety (213)270-0600 Telephone Autfiorized,tignature/Titie Rebecca Haas -Bates, Attomey-in-Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Page A-2 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 day of , 20_ Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Hai City Attorney (AtA arltviiu Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt Page A-2 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 07/26/2016 before me, Rebecca Angela Parra, Notary Public , Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Neme(s) of Signer(s) „- REBECCA ANGELA PARRA Commission # 2024944 Notary Public - California Z Riverside County M Comm. Expires May 17, 2017 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/shefthey executed the same in his/herkheir authorized capacify(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 hi a official s al Signature Place Notary Seal Above ignatur Of.. 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 form to another document. Description of Attached Document Title or Type of Document Payment Bond No. 7649486 Document Date: 05/18/2016 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 o Individual X Corporate Officer — Title(s): Vice President ❑ Partner it ❑ Limited o General o Attorney in Fact ❑ Trustee ❑ Other: Signer's Name: o Individual ❑ Corporate Officer—Title(s): _ o Partner ❑ c Limited o General ❑ Attorney in Fact Top of thumb here Top of thumb here 7 ❑ Trustee ❑ Other: Signer is Representing: Signer is Representing: CALIF • ALL-PURPOSE e • t • DE § 118S t 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 05/18/2016 before me, R. Paramo, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Namejsj ofS/gnerN who proved to me on the basis of satisfactory evidence to be the person(* whose name* is/•dre subscribed to the within instrument and acknowledged to me that Wshe/theyt executed the same in hWher/iheir authorized capacityr'iestil, and that by hrir•(her/thair signature4on the instrument the personK or the entity upon behalf of which the person(* acted, executed the instrument of th e e e ani' c R: PARAMO [ 1,�)ITNESS my Commission # 2035890 Notary Public • California z \, a Orange County ' Signatara--� MyCCo•�m'm. Expires Aug5, 2017 Place Notary Seal Above TY OF PERJURY under the laws r4a that the foregoing paragraph Signature of Notary Public OP7NJNAt Though this section is optional, completing this information can defer 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. 7649486 Document Date: 05!18/2016 Number of Pages: Three (3) Signer(s) Other Than Named Above: All American Asphalt Capacfty(ies) Claimed by Signers) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual RAttorney 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: �:�✓,.c�-{�e<-e � `,^._'. e;sUS�'•`:5�`vsV5v - K'r�v'A ^ eilvNeicIC. '\ Hg••� • • • • CV • t t fir• c�i •r PRF7649486 Bond Number City of Newport Beach Obliged 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 herebynominate, constitute, and appoint Rebecca Haas -Bates its true and lawful agent and Attorney-tn-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 acknowledgedby 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 atrue 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 18th day of May , A.D. 2016 . ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTYAND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Secretary Vice President Gerald F. Haley Michael P. Bond r State of Maryland County of Baltimore - On this 18th 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 (mown 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. Olt'llyr :,Si lel V�iY •��� �V'�.IIQ�,/� MwI�}VV `gneunh s•• Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such 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 lay -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 lash day ofmay 2016 - Thomas 0. McClellan, Vice President Document -3521808 -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 11111111111111I1111111111I 1111IIII III11111 IIIII11111 IIdll N0 FEE t$ R 0 0 0 9 3 9 0 2 8 9$ 2017000269223 8:44 am 06129/17 47 NCS 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., Corona, as Contractor, entered into a Contract on July 12, 2016. Said Contract set forth certain improvements, as follows: Irvine Ave Pavement and Median Rehabilitation — C-5869 Work on said Contract was completed, and was found to be acceptable on June 27, 2017 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Fidelity and Deposit Company of Maryland. BY / Public Works Director City of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. / Executed onoil at Newport Beach, California. about:blank 06/29/2017 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., Corona, as Contractor, entered into a Contract on July 12, 2016. Said Contract set forth certain improvements, as follows: Irvine Ave Pavement and Median Rehabilitation — C-5869 Work on said Contract was completed, and was found to be acceptable on June 27, 2017 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 �- 4i�2j 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. qq�� 4n -1 Executed on ���� l�'rt kv� 1 at Newport Beach, California. Liz PffivieIrm Q SEW Pp�T CITY OF z NEWPORT BEACH �ItIFOR P City Council Staff Report TO: FROM: PREPARED BY: PHONE: TITLE: ABSTRACT: June 27, 2017 Agenda Item No. 5 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov Alfred Castanon, Civil Engineer, acastanon@newportbeachca.gov 949-644-3314 Irvine Avenue Pavement & Median Rehabilitation Project — Notice of Completion for Contract No. 5869 (15R16) On June 14, 2016, City Council awarded Contract No. 5869 for construction of the Irvine Avenue Pavement and Median Rehabilitation Project to All American Asphalt of Corona, California. The work is now complete and staff requests City Council acceptance and close out of the contract. RECOMMENDATION: a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. (On June 14, 2016, City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301); b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after the acceptance by the City Council. FUNDING REQUIREMENTS: Funds for the construction contract were expensed from the following accounts: Account Description General Fund Gas Tax Neighborhood Enhancement Account Number 01201927-980000-15R16 12101-980000-15R16 53601-980000-15R16 Total: Amount $326,185.65 $803,914.54 $500,000.00 $1,630,100.19 5-1 DISCUSSION: Irvine Avenue Pavement & Median Rehabilitation — Notice of Completion for Contract C-5869 June 27, 2017 Page 2 Overall Contract Cost/Time Summary Awarded Final Cost at Contingency Actual % Due to % Due to Contract Amount Completion Allowance Contract Directed Unforeseen Change Change Change $1,662,662.00 $1,630,100.19 10% or less -2% -2% - Allowed Contract Time + 240 Actual Time -26 Approved Extensions (days) = Under (-) or Over (+) The work necessary to complete this contract consisted of removing existing pavement, reconstructing sidewalk, curb and gutter, curb access ramps, cross -gutters, landscaping and irrigation, and a new asphalt concrete overlay for Irvine Avenue between Santiago Drive and Monte Vista Avenue. Landscape and irrigation work for the existing Irvine Avenue medians (between Santiago Drive and University Drive) included existing turf removal, installation of a new high efficiency sprinkler system, with new control boxes, valves and California friendly drought tolerant plants. The median work also included a new drainage system that consisted of new drop inlets, which tie into the existing storm drain on Irvine Avenue. The contracted work has now been completed to the satisfaction of the Public Works Department. A summary of the construction cost is as follows: Original Bid Amount: Actual Cost of Bid Items Constructed: Total Change Orders: $1,662,662.00 $1,485,215.84 $144,884.35 Final Contract Cost: $1,630,100.19 The actual cost of bid items constructed was $177,446.16 less than the original bid amount due to less deep -lift asphalt street repairs being completed than originally planned. After grinding operations, it was discovered that the existing underlying street pavement for areas targeted for deep -lift asphalt repairs was in much better condition than was estimated based on surface reviews, thus reducing the amount of street reconstruction payments from those bid items. There were two change orders that addressed additional work needed for new cross gutters, turf removal, and other work items related to landscaping and irrigation within the existing medians. A summary of the project schedule is as follows: Notice to Proceed for Construction October 31, 2016 Contract Completion Date with Approved Extensions August 23, 2017 Actual Substantial Construction Completion Date April 14, 2017 5-2 Irvine Avenue Pavement & Median Rehabilitation — Notice of Completion for Contract C-5869 June 27, 2017 Page 3 The project was substantially complete as of April 14, 2017. The 90 -day landscape maintenance phase, which requires the contractor to maintain the new California drought tolerant plants, extends the scheduled contract completion date to August 23, 2017. ENVIRONMENTAL REVIEW: At the June 14, 2016 City Council meeting, the project was found to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (for repair, maintenance and minor alteration of existing public facilities with negligible expansion) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Location Map 5-3 ATTACHMENT A FSS/Ty 5P �� IRVINE AVENUE PAVEMENT & MEDIAN REHABILITATION LOCATION MAP UPPER NEWPORT BAY CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5869 I 15R16 1 6/27/17 5-4 Cliff CLINK 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 11th day of May, 2016, at which time such bids shall be opened and read for IRVINE AVENUE PAVEMENT AND MEDIAN REHABILITATION Contract No. 5869 $ 1,700,000.00 Engineer's Estimate Approved by A04G41�-�— Mark Vuk jevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via Mouse Graphics at (949) 548-5571 Located at 659 W. 19`h Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" For further information, call Alfred Castanon, Project Manager at (949) 644-3314 City of Newport Beach IRVINE AVENUE PAVEMENT AND MEDIAN REHABILITATION Contract No. 5869 TABLE OF CONTENTS NOTICE INVITING BIDS.. ............................ .......................... ................................ Cover INSTRUCTIONSTO BIDDERS......................................................................................3 BIDDER'S BOND... .......... .................................................... __ ............. ....................... 5 DESIGNATION OF SUBCONTRACTOR(S)...................................................................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................15 ACKNOWLEDGEMENT OF ADDENDA.......................................................................17 INFORMATION REQUIRED OF BIDDER.....................................................................18 NOTICE TO SUCCESSFUL BIDDER...........................................................................21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR -1 SPECIALPROVISIONS............................................................................................ SP -1 City of Newport Beach IRVINE AVENUE PAVEMENT AND MEDIAN REHABILITATION Contract No. 5869 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 submitinfo via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractorshall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL (UNE ITEMS to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid due date (Bid Opening Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date. Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared p .II Plli U ML ..SLNRIWR@.ipi II iPW NNVNkUtliN�141NPMIMNllIWM I9pl tltlldWtltltlltlWM ARWW�tl�Nfaml�ll tlN�OPil5U1RII�liIllillilll�iilidl NINIIN�illp�l IIINNIAi �N�IlIIp IIRIAp141NI�IIdINLllillp IIII�IIT.@dlil 11 �i@ YPMA�ItlAIMWMI�W1611pI�ilXltli pMpNJ4XIIkiYWd MNI�i I�'MNi tlll uu Rl IXI II RI0 Wb I H 0 WMI00 Maiaee,. uui with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 267071 A, C— Contractor's License No. & Classification 1000001051 ExIt.6/30/2016 DIR Reference Number & Expiration Date S n' 0 Authorized gignaturefritle Edward J. Carlson, V.P. Date Bond No. 08597423 Bid Date: 05/11/2016 City of Newport Beach IRVINE AVENUE PAVEMENT AND MEDIAN REHABILITATION Contract No. 5869 BIDDERS BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Total Amount Bid ------ Dollars l 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 IRVINE AVENUE PAVEMENT AND MEDIAN REHABILITATION, Contract No. 5869 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 21st day of April , 2016. All American Asphalt Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety Authoriz d Signature/Title Edward J. Carlson, Vice President Authorized Agent Signature 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 Rebecca Haas -Bates, Attorney -in -Fact Address of Surety Print Name and Title (213)270-0600 Telephone (Notary acknowledgment of Principal & SUretV must be attached) 5 "Please See Attached" ACKNOWLEDGMENT ..................................................... State of California County of }ss. On Public, personally appeared before me, Notary ,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 ..................................................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Thumbprint of Signer ❑ Check here if Capacity of Signer: no thumbprint Trustee or fingerprint Power of Attorney is available. CEO/CFO/COO President / Vice -President I Secretary / Treasurer Other: Other Information: State of California County of ACKNOWLEDGMENT ss. On before me, Public, personally appeared Notary ,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 OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President/ Vice -President/ Secretary/Treasurer Other: Other Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE a�<.aGs<{ai:z��syv: at 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 04/21/2016 before me, R. Paramo, Notary Public Date Hen: Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Name(*of Signer(* who proved to me on the basis of satisfactory evidence to be the persons} whose name(4 is/are subscribed to the within instrument and acknowledged to me that ke/she/thea executed the same in hic/her/thair authorized capacityClbs), and that by hikher/their signature4on the instrument the person* or the entity upon behalf of which the person(,4 acted, executed the instrument. R. PARAMO Commission # 2035890 Notary Public _California zzx Orange County i M Comm. Ex fres Au 5, 2017' Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State fornia that the foregoing paragraph is true:And-correct. my Signature of Notary 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: 04/21/2016 Number of Pages: Three(3) Signer(s) Other Than Named Above: All American Asphalt Capacity(les) 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: lr:C�< '� �'-''✓L"✓ J..`✓(. 4. .•_h+��•'/6 ems. e� _ • • • • • • 0.11in •, 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 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 2LSi' day of Vi , 20 )b . =' l iC 3 s6 ►a IMy� s• - /01-00 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. accuracy- or validity of that document. State of California County of Riverside On 05/06/2016 before me, Rebecca Anpela Parra Notary Public Date Here Insert name and Title of the officer personally appeared Edward J. Carlson Name(s) of Signers) REBECCA ANGELA PARRA Commission # 2024944 Notary Public - California -ae Z z x--•� Riverside County My Comm. Expires May l7, m who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Were subscribed to the within instrument and acknowledged to me that he/she" executed the same in his ^�f„ emir authorized capacity(ies), and that by his/he0heir 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�d official seal. Signatt , rr /i l-�1< Place Notary Seal Above Signatujo of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond Document Date: 04/21/2016 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 ❑ Individual X Corporate Officer — Title(&): Vice President ❑ Partner ❑ o Limited ❑ General ❑ Attorney in Fad ❑ Trustee ❑ Other: Top of thumb here Signer's Name: c Individual ❑ Corporate Officer — Title(s): _ ❑ Partner ❑ ❑ Limited o General ❑ Attorney in Fad o Trustee c Other: Signer is Representing: I I Signer is Representing: Top of thumb here City of Newport Beach IRVINE AVENUE PAVEMENT AND MEDIAN REHABILITATION Contract No. 5869 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name:*ot_ a Zy Lonascnp� �l-Srr,�ipv. 2q,-tS`lo Address: _1A_foie Cs gi1u% Phone: �W `\to3 too\S State License Number:ZtAot11 DIR Reference: \00000m'ALP Email Address: Name:-!:-- `?wxoekt`rwk�`.o�S Address: -LpVI. C�p,res� C< �toe'Su Phone: -U4-av�\SAtoo State License Number:'11\o', ko DI R Reference: \ou'x:o\y-tb Email Address: v • • �^ W\r\rvr� Name: OxcW,c Address:yg %e- PtYb\�CaMt`JrcG\n.�n Phone: qty-4°1yr 483't State License Number:191145p DIR Reference: �0000OpSSO Email Address All American Asphalt /,,- Bidder Authorized Sig ature/Title Edward J. Carlson, V.P. 0 City of Newport Beach IRVINE AVENUE PAVEMENT AND MEDIAN REHABILITATION Contract No. 5869 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name:S.v„�4eon'E�acHi� ,L9 \w�t�PS 1p JO�b Address: \R''yd Ora. c,CAwab1 Phone:-tty_gq-t_�tSSb State License Number:lalys\fl DIR Reference:\cComw\o Email Address: r Name:C-�w,ncoc..4,, .E-cj,.re�a,� Address:'L\3\S.E.,oucvt,u'ey 313t Oh..rb� Ca W-Ua\ Phone: State License Number: -ttJNLt to -v> DIR Reference:\c<oo\og8t Email Address. \ Name l3% Address:\1b°\ Phone:akp,yt4-,'1oo State License Number:\.%% V6\ DIR Reference: \-tlLy Email Address \ All American Asphalt Bidder Authorized Sig6atureffitle Edward J. Carlson, V.P. City of Newport Beach IRVINE AVENUE PAVEMENT AND MEDIAN REHABILITATION Contract No. 5869 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name:a4r„+.i-e^ccQ'^Q°•^.� "1 '�.e�te �•ln8% Address: Vim, C)/r+*ut ,Cw R1�6b t Phone: -hv 1`W -v4Vl State License Number: DIR Reference: vz 0 k. 81c Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address All American Asphalt ll -111 Bidder Authorized Signat re/Title Edward J. Carlson, V.P. H City of Newport Beach IRVINE AVENUE PAVEMENT AND MEDIAN REHABILITATION Contract No. 5869 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll 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 information: Llr.mi Project Name/Number Hawthorne 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 (310) 349-2980 Original Contract Amount $1zU9.000.00Final Contract Amount $ 12.579.000.00 If final amount is different from original, please explain (change orders, extra work, etc.) 111. 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 Pavement Re urfacing Phase II Project Description Pavement Resurfacing Approximate Construction Dates: From 04/2015 To: 10/2015 Agency Name County of Ventura Contact Person 7eewoong Kim Telephone (805) 654-3987 Original Contract Amount $2,401,970.00 Final Contract Amount $ 2.401,970 .00 If final amount is different from original, please explain (change orders, extra work, etc.) TN 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. 3 Project Name/Number Florence Aven Project Description Pavement Resurfacing Approximate Construction Dates: From 04/2015 To: 10/2015 Agency Name City of Inelewood Contact Person Hunter Nggven Telephone (310) 412-4252 Original Contract Amount $2.639,000.00 Final Contract Amount $ 2,639,000.00 If final amount is different from original, please explain (change orders, extra work, etc.) 1T1A 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 2013 Roadway Maintenance and Sii]UY Project Description Pavement Reconstruction Approximate Construction Dates: From 06/2014 To: 10/2014 Agency Name port of Long Reach Contact Person Lincoln Lo Telephone (562) 283-7000 Original Contract Amount $192,000-w Final Contract Amount $ 992 000.00 If final amount is different from original, please explain (change orders, extra work, etc.) AT/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. 5 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) 738-6865 Original Contract Amount $1,346,000.0 Final Contract Amount $1,346,000.00 If final amount is different from original, please explain (change orders, extra work, etc.) AT/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. 11 No. 6 Project Name/Number 2012 -2013 Street Resurfacing Project Description Street Resurfacing Approximate Construction Dates: From 07/2013 To: 05/2014 Agency Name City of Beverly Hills Contact Person Mark Cueno Telephone 010) 285-2557 Original Contract Amount $ 2,970,000.00 Final Contract Amount $ 2,270 000.00 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 BidderA to horized Srgnature/Title Edward J. Carlson, V.P. 12 Richard E. Selph U 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. tll II !i Xi qlp WIII IP1 41011 tlN IDltl I: ISI B _ Wp bi. 4mMww4 muldiu { mi a imi 1 i i ami un 0 JOIN 'u 1 11 "2Q1$„ 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' 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 Hawthroe Blvd Reconstruction Contract Amount: $12,579,000.00 Start: 4/2014 Completed: 512015 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: 412014 Contact: Bill Seitz, (949) 300-9132 Completed: 7/2015 City of Riverside 2014/15 Arterial Streets 3900 Main Street Contract Amount: $1,683,076.00 Riverside, CA 92501 Start: 4/2015 Contact: Steve Howard, (951) 826-5708 Completed: 9/2015 Long Beach Unified School District Garfield Elementary School Pavement 2201 E. Market Street Contract Amount: $1,976,508.00 Long Beach, CA 92805 Start: 6/2015 Contact: Nancy Chinchilla, (562) 997-7513 Completed: 11/2015 11111 010fiffl"111f90111lN NRN➢HM111 Ii 11�6A liildl I iAI WYIItltlI W @GII9GII fiYH NItlIXII ItlIIIpIYI IHIAII N UINXItl@I lNlq 11 &IINdIIIXINIIIIX@IY ImIYIYI�I�iiMlgllulu.P ON�tlN.ilppiilm lli l ii+m ilMiiuleLmla�INNWIoPHIMIM gNi 191..,_ryp10 111 MAN I..gry;,�� a yer.iu ,.n I * "2014" PAST WORK REFERENCES City of Fullerton 303 W. Commonwealth Ave Fullerton, CA 92832 Contract: Kevin Kwak, (714) 738-6865 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 Yorba Linda Blvd Reconstruction ContractAmount: $1,346,000.00 Start: 7/2014 Completed: 11/2014 2013 Roadway Maintenance and Slurry ContractAmount: $992,000.00 Start: 6/2014 Completed: 10/2014 2012-2013 Street Resurfacing ContractAmount: $2,970,000 Start: 7/2013 Completed: 5/2014 2012-13 Pavement Rehabilitation ContractAmount: $970,000 Start: 5/2013 Completed: 12/2013 Bristol Street Rehabilitation Contract Amount: $6,951,475 Start: 3/2013 Completed: 12/2014 p@I �I 99 OhIICIN MIIN 01 Itl IlYltlpN191191 MN II III Ih 0 9 N III pRI I9 X R@III 91 h p pl 111 p pp 91 II HI !I@1NI I' 9NII ltl 190 fl 119 9 W IgIW 1ppi.11 11 lft GIN�II LiWl0tlwnwnuu9n 11^iFln III v� XiXilu tm, pin 0!mwieuvmn 'r "2013" PAST WORK REFERENCES Department of Transportation 3521 `/<UniversityDr Irvine CA 92612 Contract: Dat Pham, (949) 279-8586 City of Santa Clarita 23920 Valencia Blvd Santa Clarita CA 91355 Contact: Bill Whitlatch, (661) 259-2489 LACDPW 900 S Fremont Ave Alhambra, CA 91803 Contact: Hector Hernandez, (626) 458-2191 Department of Transportation 2023 Chicago Ave., B-6 Riverside, CA 92507 Contact: Michael Chen, (951) 830-6017 City of Laguna Hills 24035 El Toro Rd Laguna Hills, CA 92653 Contact: Kenneth Rosenfield, (949) 707-2650 County of Riverside Transportation 3525 14' St Riverside, CA 92501 Contact: Trai Nguyen, (951) 961-5363 Route 74, Contract No. 12-OL6404 Contract Amount: $1,134,057 Start: 7/2012 Completed: 5/2013 2011/12 Overlay & Slurry Seal Program ContractAmount: $5,995,000 Start: 8/2012 Completed: 5/2013 Seventh Avenue Contract Amount: $2,077,000 Start: 9/2012 Completed: 12/2013 Route 74, Contract No. 08-OP9504 ContractAmount: $3,450,622 Start: 6/2012 Completed: 9/2013 Citywide Pavement Rehabilitation Contract Amount: $1,778,169 Start: 8/2012 Completed: 9/2013 Gilman Springs Road Contract Amount: $1,695,108 Start: 7/2013 Completed: 9/2013 IIIN� 10b99Ge N L.0N0199N0�9911tl91p199tl1 N 0991 WNLIkAtl0NNIN 9 li tll 9 li llR1100@N091 tlIN 0 0%911 Ip I pl.I 11191 9 I 0I WI lil Ip IN 9tl i I91�I Xf0911 9191 i M91X it o INNW 91Rm1 % I i 0 LII .M a i n aiewm�i. mmnm miwn wxmri uanmm,x City of Newport Beach IRVINE AVENUE PAVEMENT AND MEDIAN REHABILITATION Contract No. 5869 NON -COLLUSION AFFIDAVIT Stale of California ) ) ss. county of Riverside ) Edward I Carlson being first duly sworn,deposes and says that he or she 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 fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State o�Iif�a��ng is true and correct. All American Asphalt Bidder Authorized Signature/TitleEdwardICulson, V.P. Subscribed and sworn to (or affirmed) before me on this day of 2015 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] *See Attached California Jurat* 13 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 Subscribed and sworn to (or affirmed) before me on this 6th day of May. 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 (.) (,) �? "' REBECCA ANGEL(and PAR.RA as _ Commission # Zppgggq _ " Notary Public (2t Riverside Counify rnia z n Name -o{ -Signer My Comm. Expires May 17, P017 DPronypel to m en the basis of caMbfarAGr.. evidence be the 69R who appeared befePe me.) Signature Place Notary Seal Above Signature Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Non -Collusion Affidavit Document Date: None Number of Pages: 1 Signers) Other Than Named Above: City of Newport Beach IRVINE AVENUE PAVEMENT AND MEDIAN REHABILITATION Contract No, 5869 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 Broker Surety • '11 • • 1 1 1.11 Millennium Corporate Solutions Agent 5530 Trabuco Road_ Irvine CA 92620 (949) 857-4500 Edgewood Partners Insurance Center Insurance - 3 63 3 Inland Empire Blvd., Ste. 640, Ontario CA 91764 (714) 937-4270 City of Newport Beach IRVINE AVENUE PAVEMENT AND MEDIAN REHABILITATION Contract No. 5869 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name All American Asphalt Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 P11�EC1�GG✓d.N1E0@.1�GI�CIbI'f�@.".. -.DIID" I.U�"PJI'Pllu7V10VOL�'.�1�irer'Nmnmimimromoo�Jl+� �®mrcul�nil�i�rmrmmncrammnmmmmmdm0�'911�7:�11�C!IJIi 1Mn;IfJ11I�IIu1®F7R���f0i '��11Wi',�'u5'mimam�om.�m^m�mn�yp Current Record Record Record Record Record Yearof for for for for for Record 2015 2014 2013 2012 2011 Total 2016 No. of contracts 288 931 841 898 837 925 4,811 Total dollar Amount of Contracts (in 99,955 253,423 264,017 258,289 256,835 218,736 1,351,255 Thousands of $ No. of fatalities 0 0 0 0 2 0 2 No. of lost Workday Cases 0 16 15 17 9 11 68 No, of lost workday cases involving permanent transfer to another job or 0 3 1 1 1 1 7 termination of em to ment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 P11�EC1�GG✓d.N1E0@.1�GI�CIbI'f�@.".. -.DIID" I.U�"PJI'Pllu7V10VOL�'.�1�irer'Nmnmimimromoo�Jl+� �®mrcul�nil�i�rmrmmncrammnmmmmmdm0�'911�7:�11�C!IJIi 1Mn;IfJ11I�IIu1®F7R���f0i '��11Wi',�'u5'mimam�om.�m^m�mn�yp ALL AMERICA NASPHALT 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 broeasel(abmsn.com if you have any questions. Sincerely, Bryan Pease Consultant I oiWUMtlGV�IIVII��IR[rvf�VI�W�m1uNWNiioFW�lirglglNlfNlllftilu�'XINWTMNL$�II�M'�iBII�IgIlWul9iml�IllBItlIM'�@I mIBIOUIi�ICiMI�I�I�INM�bum!WuiIN BIS Iww mM l9ltl�p ItlM�Rw�wB �w� plu�tltl omCmil�dllVC�tlm�mmBiwmmnlW ialNPorm�nd�IdR ��u1A Wud�WikioiimNtl a ill uii. ip..i Wu�ua�pi mmiPmuRwA�oip�umn_�wipry�pu �92M.�........1115; Legal Business Name of Bidder All American Asphalt Business Address: 400 E. Sixth Street, Corona CA 9= Business Tel. No.: (951) 736-7600 State Contractor's License No. and Classification: 267073 A C-12 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 ' S Title Edward J. Carlson Vice President Signature of bidder Date S/to r Title Michael Farkas Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE g 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 uttthfulness, accuracy. or validitv of that document. State of California County of Riverside on 05/06/2016 before me, Rebecca Angela Parra, Notary Public Data Here Insert name aM Tulle of the Officer personally appeared Edward J. Carlson and Michael Farkas Namels) o1 Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in NgNeF/lheir authorized capacity(ies), and that by his4w_Wtheir 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 hjsgd Otd official seal Signature s/ Place Notary Seat Above Signat Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person retying 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 Signature Page 16 Document Date: 05/06/2016 Number of Pages: One (1) Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(G) Signer's Name: Edward J. Carlson a Individual X Corporate Officer—Title(s): Vice President o Partner 0 o Limited u General o Attorney in Fact a Trustee a Other: Signer's Name: Michael Farkas o Individual X Corporate Officer—Title(s): Secretary n Partner 0 n Limited o General ❑ Attorney in Fact Top of Numb here o Trustee o Other: Signer is Representing: Signer is Representing: Top of thumb here REBECCA ANGELA PARKA .w o'_ a e Commission # 2024944 Notary z ;r,...,• Z a. Public z California z My Riverside County n Comm. Expires May 17, 2077 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 NgNeF/lheir authorized capacity(ies), and that by his4w_Wtheir 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 hjsgd Otd official seal Signature s/ Place Notary Seat Above Signat Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person retying 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 Signature Page 16 Document Date: 05/06/2016 Number of Pages: One (1) Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(G) Signer's Name: Edward J. Carlson a Individual X Corporate Officer—Title(s): Vice President o Partner 0 o Limited u General o Attorney in Fact a Trustee a Other: Signer's Name: Michael Farkas o Individual X Corporate Officer—Title(s): Secretary n Partner 0 n Limited o General ❑ Attorney in Fact Top of Numb here o Trustee o Other: Signer is Representing: Signer is Representing: Top of thumb here City of Newport Beach IRVINE AVENUE PAVEMENT AND MEDIAN REHABILITATION Contract No. 5869 ACKNOWLEDGEMENT OF ADDENDA Bidder's name All American Asphalt The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 17 CITY OF NEWPORT E3EACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 IRVINE AVENUE PAVEMENT & MEDIAN REHABILITATION CONTRACT NO. 5869 DATE: MAY 3, 21716 BY:^ 44X 1j jhy Engineer TO, ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents— all other conditions shall remain the same. 1, Sample City Contract a. The sample City Contract shall be replaced with the attached, revised sample contract. 2. Replace Section 7-15 Contractor's Licenses in its ehtiretywith the following: 7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess an "A" License ("C-27" for landscaping and irrigation work.) 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. �....., .:n. 614111101111,111MINlililpld. Rll iplHiluu NLXlldlimli tlgal. WmNll 9l�li ml itllY it IN %mM Imnl�wtlop. alwlu�mw9lw tlWiWmWU roII�RWi IW7tll llml fdIWR m N Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No.1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Please rant) Date Authorized Signature Titie Fi\wo�d5. Cup y�n��1'.4 � City of Newport Beach IRVINE AVENUE PAVEMENT AND MEDIAN REHABILITATION Contract No. 5869 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 Ameican Asphalt Business Address: 400 Rnct Sixth Street, Comns CA 92979 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: Jerry LeBouef, Project Manager / Estimator 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 Mark Luer, President 400 E. Sixth Street, Corona CA 92879 (951) 736-7600 Edward J. Carlson, Vice President 400 E. Sixth Street, Corona CA 92879 (951) 736-7600 Michael Farkas, Secretary/Treasurer 400_ E._ Sixth Street, Corona CA 92879 (951) 736-7600 Corporation organized under the laws of the State of California 18 i alai uamaiaaa ams umu i mi as ami imaaai r ai a ai ar�amuaa minaala awl �aaanaau¢ im as aaua omuaM is jai ai anmmu ivao iu pa dmw aa� numi i a is ai aaaimi om iamai a. pi i i u a iau i ms ���� i a � �. � a � � w The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / V' 19 Are any claims or actions unresolved or outstanding? Yes /,g) If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. All American Asphalt Bidder Mark Luer (Print name of Owner or President of Corporation/Company) Authorize�ure/Ttle Edwrd J. Carlson Vice President Title Date *See Attached California Acknowlegement* 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. 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. accuracv. or validitv of that document State of California County of Riverside On 05/06/2016 before me, Rebecca Angela Parra, Notary Public Dale Here Insect name ani TXIe of ate officer personally appeared Edward J. Carlson Name(s) of Signerts) who proved to me on the basis of satisfactory evidence to be the person(6) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/shetthey executed the same in his,'segthehe'^ authorized capacity(iee), and that by hisA%fAheir r-,— REBECCA ANGELA'ARRA signature(s) on the instrument the person(s), or the entity upon behalf N commission # 2024944 z of which the person(s) acted, executed the instrument. Notary Public •California Riverside County I certify under PENALTY OF PERJURY under the laws of the State of M Comm. Ex lies May 17. 2017 California that the forgoing paragraph is true and correct. WITNESS my h d (id official seal. i Signature Place Notary awl Above ISigna re 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 ]reformation Required of Bidder Document Date: 05/06/2016 Number of Pages: Three (3) Signer(s) Other Than Named Above: None Capacity(les) Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: o Individual o Individual X Corporate Officer — Title(s): Vice President o Corporate Officer—Title(s): o Partner ❑ ❑ Limited o General o Partner D o Limited o General o Attorney in Fact o Attorney in Fad o Trustee Top of mnmb here Top o(thurtib hare ❑ Trustee o Other: o Other: Signer is Representing: Signer is Representing: City of Newport Beach IRVINE AVENUE PAVEMENT AND MEDIAN REHABILITATION Contract No. 5869 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 IRVINE AVE PAVEMENT AND MEDIAN REHABILITATION CONTRACT NO. 5869 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 12th day of July, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ALL AMERICAN ASPHALT, 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 removing and replacing existing sidewalks; removing and replacing sidewalk ramps; removing and replacing concrete driveways; removing and replacing existing cross gutters; removing and replacing in full depth street asphalt; removing 2.5" of existing street asphalt by grinding and replacing with Asphalt Rubber Hot Mix; removing and replacing crushed aggregate base; removing and recompacting sub grade soil to 95% relative density; removing and replacing all street markers, striping, and painting; removing existing Bomanite stamped concrete from the medians; removing and replacing all damaged guard rail posts; removing and replacing all damaged traffic loops; landscaping and irrigation; removing and replacing street signage and adjustment of all interfering utilities and appurtenances in the field for the completion of the Irvine Avenue Pavement and Median Rehabilitation Project (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. 5869, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Million Six Hundred Sixty Two Thousand Six Hundred Sixty Two Dollars ($1,662,662.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Jerry Lebouef to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the All American Asphalt Page 2 authority to act for City under this Contract. The Project Administrator or designee 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 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 All American Asphalt Page 3 limited by statute, rule or regulation and the express terms of this Contract. No civil 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. T1l 91414]U4CL'rIIC� Contractor 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 Contractor on the Project. 11. PROGRESS Contractor 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. All American Asphalt Page 4 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 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 Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. 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 All American Asphalt Page 5 Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 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 Contractor 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 All American Asphalt Page 6 condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be 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 All American Asphalt Page 7 required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 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. All American Asphalt Page 8 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 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 Page 9 IN WITNESS WHEREOF, the executed on the day and year first writt APPROVED AS TO FORM: CITY ATTOR Ey' OFFICE Date: a parties h en above. Aaron C. Harp 1111P City Attorney ATTEST: Date: D g /j 1rn � ll �(' By: 444 6 Leilani I. Brown City Clerk Attachments: ereto have caused this Contract to be CITY OF NEWPORT BEACH, a California municipal corpora '' // Date: ' By. Dlan6 B. Dixon Mayor CONTRACTOR: All American Asphalt, a Californi corporation Date: ,�uo��� By: Edward J. Carlson Vice President Date: zae��vn By: c-._ �i Michael Farkas Secretary [END OF SIGNATURES] Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements All American Asphalt 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 validity of that document. State of California County of Riverside On 07/26/2016 before me, Rebecca Angela Pana, Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson and Michael Farkas Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that heAehe/they executed the same in h s/herltheir authorized capacity(ies), and that by hisAherftheir .'REBECCA ANGELA PAR RA signature(s) on the instrument the person(s), or the entity upon behalf Commission # 2024944 of which the person(s) acted, executed the instrument. Z--.'y�v Notary Public - California z _ Riverside County '— I certify under PENALTY OF PERJURY under the laws of the State of My Comm. Expires May 17, 2017 California that the forgoing paragraph is true and correct. WITNESS my han n fficial seal. Signaturele Z '�2_4 Place Notary Seal Above Signal ue ?Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Contract Document Date: 07/12/2016 Number of Pages: Ten (10) Signer(s) Other Than Named Above: City of Newport Beach Capacity(les) Claimed by Signer(s) Signer's Name: Edward J. Carlson a Individual X Corporate Officer—Title(s): Vice President o Partner o u Limited o General o Attorney in Fad a Trustee a Other: Signer is Representing: Signer's Name: Michael Farkas a Individual XCorporate Officer —Title(s): Secretary o Partner ❑ o Limited c General X11 a Attorney in Fad Top of thumb here ❑ Trustee Top of thumb here o Other: Signer is Representing: Premium is included in the performance bond Executed in:2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 7649486 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 Irvine Avenue Pavement -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. *and Median Rehabilitation Contract No. 5869 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 One Million Six Hundred- -Dollars ($1,662,662.00 ) 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. --Sixty Two Thousand Six Hundred Sixty' -- -Two and 001100 THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 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. Page A-1 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 18th day of May '2016 All American Asphalt Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety Authorizec Ignature/Title EdW0�2. $. CM�Se�, V'•u �rt CK�ln� lip 1q Niel 0 - •6 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017Rebecca Haas -Bales, Attorney -in -Fact Address of Surety Print Name and Title (213)270-0600 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Page A-2 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 day of 20_ Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Har City Attorney VAk Q}�ZtJIU Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt Page A-2 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 07/26/2016 before me, Rebecca Angela Parra, Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(s) of Signer(s) REBECCA ANGELA PARKA Commission 8 2024944 Notary Public - California D Riverside County M Comm. Expires May 17, 2017 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/herkheir authorized capacity(ies), and that by his/herkheir signature(s) on the instrument the persori 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 forgoing paragraph is true and correct. WITNESS my h a official sgal.� Signature �fl1//Y Lc /tet 2 Place Notary Seal Above Signatur& of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Payment Bond No. 7649486 Document Date: 05/18/2016 Number of Pages: Three (3) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer(s) Signer's Name: Edward J. Carlson o Individual X Corporate Officer—Title(s): Vice President n Partner ❑ o Limited o General ❑ Attorney in Fact n Trustee n Other: Signer's Name: o Individual n Corporate Officer — Title(s): _ n Partner ❑ c Limited o General Attorney in Fact o To of Mumb here Top of thumb here Trustee o Other: Signer is Representing: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEOGAMENT CIVIL CODE § 1189 Fnotary public or other officer completing this certificate verifies only the Identity of the individual who signed the cument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Orangc } On 05/1812016 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 person(* whose name* is/are subscribed to the within instrument and acknowledged to me that wshefthey executed the same In hie/her/their authorized capacity�ibQ, and that by hicjher/thair signature�4on the instrument the person(* or the entity upon behalf of which the persona) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of th _ e ofa Ifamiathat the foregoing paragraph R.R. PARMO LITNESS my han anCommission #2035890Notary Public - CaliforniaOrange, County It Signature of Notary Public Place Notary Sea/ Above OPT/DNAL 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. 7649486 Document Date: 05/18/2016 Number of Pages: Three 3) Signers) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates Ci Corporate Officer — Title(s): I Partner — ❑ Limited ❑ General Individual WAttorney 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 1 • • • • • • • • :1/ `• :11 M PRF7649486 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 lath day of May , A.D. 2016 ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Secretary Vice President Gerald F. Haley Michael P. Bond State of Maryland County of Baltimore On this 1 ath 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 die 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. "'I" r" ojp4lviY �\� �• (p oiyj; 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 Executed in: 2 Counterparts EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 7649486 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 6,666.00 , being at the rate of $ $3.9e 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 Irvine Avenue Pavement* in the City of Newport Beach, in strict conformity with the Contract on Tile with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. * and Median Rehabilitation Contract No. 5869 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 One Million Six Hundred— Dollars ($1,662,662.00 ) 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 assions. iointly and severally, firmly by these present. Sixty Two Thousand six ***Hundred Sixty Two and 001100 THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 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. Page B-1 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 16th day of May '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 Authorized Si nature/Title raw" S. Cv.�+.ow, V�.t�nti,dewk i�o n CQ�c� Authorized Agent Signature Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Page B-2 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 day of 20 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNE OFFICE Date: a 6 By: Aaron C. Harp (A ]A tA-11gt N' City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt Page B-2 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 07/26/2016 before me, Rebecca Angela Parra, Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in his/her4heir authorized capacity(ies), and that by his/hedtheir REBECCA ANGELA PARKA signature(s) on the instrument the person(s), or the entity upon behalf Commission a 2024944 1 of which the person(s) acted, executed the instrument. Notary Public - California i under PENALTY OF PERJURY under the laws of the State of Riverside County a I certify My Comm. Expires May 17, 2017 California that the forgoing paragraph is true and correct. WITNESS my hanc official seal. Signature Place Notary Seal Above Signature Notary Publi 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. 7649486 Document Date: 05/18/2016 Number of Pages: Three (3) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(") Claimed by Signer(s) Signer's Name: Edward J. Carlson o Individual X Corporate Officer—Title(s): Vice President o Partner f] o Limited o General o Attorney in Fact o Trustee o Other: Top of thumb here Signer's Name: o Individual o Corporate Officer — Title(s): _ o Partner n o Limited o General o Attorney in Fact o Trustee o Other: Signer is Representing: I Signer is Representing: Top of thumb here 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 cart i irate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Orange } On 05/18/2016 before me, R. Paramo, rotary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof SignerN who proved to me on the basis of satisfactory evidence to be the persons) whose name* isi'm subscribed to the within instrument and acknowledged to me that Wshe/thw executed the same in hislher/their authorized capacity(iies}, and that by Wher/their signature�4on the instrument the person(* or the entity upon behalf of which the persons) acted, executed the instrument. R. PARAMO Commission # 2035890 a ..� Z : -Not#ry Public - California z Orange County s My Comm. Expires Aug5, 2017' I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is orrec Wl ESS my hen • a o' 'cial se . Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can defer alteration of the document or- fraudulent rfraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Performance Bond No. 7649486 Document Date: 05/18/2016 Number of Pages: Three (3) Signer(e) Other Than Named Above: All American Asphalt Capacity(les) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates D Corporate Officer — Title(s): ❑ Partner — ❑ Limited F1 General is ii Individual RAttomey in Fact Cl Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidel and 17eposit Company of Maryland Signer's Name: O Corporate Officer — Title(s): ❑ Partner — ❑ Limited rQ General ❑ individual ❑ Attorney in Fact • Trustee 0 Guardian or Conservator ❑ Other. Signer Is Representing: INY40EILIFt =9,• • • • • • r :1/ • :11 `/• 1 PRF7649486 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 I its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this lath day of May , A.D. 2016 ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIALAMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND �4eu�W` 4 En Secretary Vice President Gerald F. Haley Michael P. Bond State of Maryland County of Baltimore On this lath 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 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 yew first above written. of SutY1s �:. S� + Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 IW14.W1-W91 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 Contractor 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 Contractor 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 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. 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 Contractor 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 Contractor performs the Project and/or Services contemplated by this Agreement shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor 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. All American Asphalt Page C-2 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 Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage All American Asphalt Page C-3 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 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 All American Asphalt Page C-4 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 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: 7/29/16 Sent to: Raymund By: Alicia Company/Person required to have certificate: All American Asphalt— Irvine Avenue Pavement Type of contract: Public Works I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 811/15-8/1/16 A. INSURANCE COMPANY: Arch Specialty Ins Co B. AM BEST RATING (A-: VII or greater): A+:XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1 M or greater): What is limit provided? E. ADDITIONAL INSURED ENDORSEMENT—please attach F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? 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? K. ELECTED SCMAF COVERAGE (RECREATION ONLY): L. NOTICE OF CANCELLATION: ❑ Yes N No 1M/2M/2M N Yes ❑ No M Yes ❑ No M Yes ❑ No M Yes ❑ No N Yes ❑ No ❑ Yes N No M N/A [:]Yes ❑ No ❑ N/A M Yes ❑ No H. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 8/1/15-8/1116 A. INSURANCE COMPANY: Zurich American Insurance Company B. AM BEST RATING (A-: VII or greater) A+:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? M Yes ❑ No D. LIMITS - If Employees (Must be $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): M N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes M No H. NOTICE OF CANCELLATION: ❑ N/A M Yes 0 No WORKERS'COMPENSATION EFFECTIVE/EXPIRATION DATE: 8/1/16-8/1/16 A. INSURANCE COMPANY: National Union Fire Ins Co of Pitts B. AM BEST RATING (A-: VII or greater): A:XV C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED W. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 7/29/16 Date ® Yes ❑ No ® Yes ❑ No 1,000,000 ® Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No (_IjM■M■m ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No /1 ■ RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: RM approval needed for non -admitted status of general liability carrier. Approved by Sheri 12/23/13. Approved: Risk Management Date * Subject to the terms of the contract. City of Newport Beach IRVINE AVENUE PAVEMENT AND MEDIAN REHABILITATION Contract No. 5869 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. 5869 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: S(Cp��o Date (251)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 Asphalt Bidder Bidder's Autfiorized Signature and Title P.O. Box 2229, Corona CA 92878-2229 Bidder's Address Bidder's email address: publicworks(��al I am eri can asphalt, com FaM City of Newport Beach Page 1 IRVINE AVENUE PAVEMENT AND MEDIAN REHABILITATION (C-5869), bidding on May 11, 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 Manager/Estimator Phone 951-736-7600 Ext. 204 Email publicworks@allamerimnasphalt.com Vendor Type CADIR License # CA DIR Bid Detail Bid Format Electronic Submitted May 11, 2016 9:58:18 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 79851 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bid Proposal Bid Proposal for Irvine Ave (Newport Beach)_1415.pdf Bid Submittal Packet Subcontractors Sub List for Irvine Ave (Newport Beach)_1416.pdf Signed Designation of Subcontractors List Bid Bond Bid Bond Irvine Ave (Newport Beach)_7413.pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment Section 1 1 Mobilization and Demobilization Lump Sum 1 $76,227.00 $76,227.00 2 Excavation Safety, Sheeting, Shoring and Bracing Lump Sum 1 $4,000.25 $4,000.25 3 Traffic Control and Public Safety Lump Sum 1 $99,632.00 $99,632.00 4 Remove and Replace Existing Sidewalk Per Square 2000 $7.71 $15,420.00 Foot PlanetBids, Inc. City of Newport Beach IRVINE AVENUE PAVEMENT AND MEDIAN REHABILITATION (C-5869), bidding on May 11, 2016 10:00 AM (Pacific) Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 5 Remove and Replace Existing Sidewalk Ramp Each 8 $2,500.00 $20,000.00 6 Remove Existing Bomanite Stamped Concrete from Median Per Square 4500 $2.35 $10,575.00 Foot 7 Remove and Replace Existing Damaged Guardrail Post Each 45 $507.00 $22,815.00 8 Remove and Replace Existing Driveway Square Foot 2000 $10.00 $20,000.00 9 Remove and Replace Existing Cross Gutter Square Foot 2700 $14.35 $38,745.00 10 Remove and Reconstruct Street Section ARHM Per Ton 3500 $84.00 $294,000.00 11 Remove and Reconstruct Street Section, Remove and Recompact Soil to 95% Per Ton 2000 $40.00 $80,000.00 12 Install Midwest Guardrail System Ending Per Linear 45 $145.00 $6,525.00 Foot 13 Remove and Reconstruct Street Section Asphalt Per Ton 1000 $150.00 $150,000.00 14 Adjust Existing Sewer Manhole Frame, Replace Ring and Cover to Grade Each 15 $776.25 $11,643.75 15 Adjust Existing Storm Drain Manhole Frame, Replace Ring and Cover to Grade Each 4 $1,250.00 $5,000.00 16 Adjust Existing Valve Can to Grade Each 4 $500.00 $2,000.00 17 Remove Existing PCC Concrete from Median Per Square 7800 $2.50 $19,500.00 Foot 18 Construct Curb and Gutter per STD 183-L Per Linear 130 $30.00 $3,900.00 Foot 19 Install 6" Median Sub -drain Per Linear 600 $95.00 $57,000.00 Foot P anetSids, Inc. Page 2 PlanetBids, Inc. Page 3 City of Newport Beach IRVINE AVENUE PAVEMENT AND MEDIAN REHABILITATION (C-5869), bidding on May 11, 2016 10:00 AM (Pacific) Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 20 Sawout and Remove Existing AC to Full Depth and Replace AC to Existing Thickness plus 1" Per Square 650 $16.00 $10,400.00 Foot 21 Remove Existing Irrigation Backflow, Water Service and Cap Ends, Abandon to Water Main Each 5 $2,500.00 $12,500.00 22 Install 12" RCP -Drain Pipe Per Linear 60 $414.00 $24,840.00 Foot 23 Install 24"x 24'x 36" Precast Concrete Drop Inlet with Grate Each 8 $2,000.00 $16,000.00 24 Construct Cobble Stone Hard Surface Per Square 350 $15.00 $5,250.00 Foot 25 Remove Existing PCC Lawn Mower Ramp Per Square 2800 $2.32 $6,496.00 Foot 26 Remove and Replace Street Signage, Stripping, Markers Lump Sum 1 $35,000.00 $35,000.00 27 Install Type E Loops Detector Configuration Lump Sum 1 $6,600.00 $6,600.00 28 As -Built Plans for Street Improvements Lump Sum 1 $2,000.00 $2,000.00 29 Cross -Rip Planfing Areas Per Square 48000 $0.15 $7,200.00 Foot 30 Install 4"-8" Rock/Cobble Groundcover Per Square 6200 $4.40 $27,280.00 Foot 31 Install GFRC 4' Boulders Each 70 $500.00 $35,000.00 32 Install GFRC 3' Boulders Each 89 $450.00 $40,050.00 33 Install 2' Boulders Each 122 $75.00 $9,150.00 PlanetBids, Inc. Page 3 City of Newport Beach IRVINE AVENUE PAVEMENT AND MEDIAN REHABILITATION (C-5869), bidding on May 11, 2016 10:00 AM (Pacific) Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 34 Pull Wires from Existing Panel to Controller"A" Per Linear 800 $12.42 $9,936.00 Foot 35 Modify Existing Controller "B" Each 1 $2,000.00 $2,000.00 36 Install 24 Station Irrigation Controller "A" with Enclosure Each 1 $18,000.00 $18,000.00 37 Re -install Existing 2" Backflow Preventer Each 1 $2,000.00 $2,000.00 38 Install 1-1/2" RP Backflow Preventer with Enclosure "B" Each 1 $4500.00 $4,500.00 39 Install Pressure Regulating Valve in Box Each 2 $1,200.00 $2,400.00 40 Install 1" Flow Sensor Each 2 $1,100.00 $2,200.00 41 Install 1" Irrigation Communication Cable Conduit Per Linear 385 $8.00 $3,080.00 Foot 42 Install Inigation Telemetry Cable in Conduit Per Linear 385 $3.00 $1,155.00 Foot 43 Install 1-1/2" Master Valve Box Each 2 $930.00 $1,860.00 44 Install 2-1/2" Ball Valve in Box Each 20 $430.00 $8,600.00 45 Install Quick Coupling Valve in Box Each 50 $400.00 $20,000.00 46 Install 10" Round Irrigation Pullboxes Each 8 $155.25 $1,242.00 47 Install Irrigation Wiring (No Trenching) Per Linear 33400 $0.26 $8,684.00 Foot 48 Provide Irrigation "Submittal" Items Lump Sum 1 $600.50 $600.50 PlanotBids, Inc. Page 4 City of Newport Beach IRVINE AVENUE PAVEMENT AND MEDIAN REHABILITATION (C-5869), bidding on May 11, 2016 10:00 AM (Pacific) Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 49 Provide Record "As -Built" Drawings for Irrigation Lump Sum 1 $1,035.00 $1,035.00 50 Install Conventional Irrigation System with Laterals Per Square 48000 $2.02 $96,960.00 Foot 51 Install 1.1/2" Remote Control Valves Each 7 $570.00 $3,990.00 52 Install 1' Remote Control Valves Each 26 $414.00 $10,764.00 53 Install 3/4" Remote Control Valves Each 1 $400.00 $400.00 54 Install 2-1/2" CL 315 Mainline Per Linear 4840 $6.05 $29,282.00 Foot 55 Install 2" Sch 40 Mainline Per Linear 90 $5.50 $495.00 Foot 56 Install 1' Sch 40 Mainline Per Linear 135 $6.00 $810.00 Foot 57 Bore 6" Sch 40 PVC Sleeve under Paving Per Linear 340 $20.70 $7,038.00 Foot 58 Bore 4" Sch 40 PVC Sleeve under Paving Per Linear 150 $17.50 $2,625.00 Foot 59 Bore 2" Sch 40 PVC Sleeve under Paving Per Linear 570 $14.00 $7,980.00 Foot 60 Install Finish Grade Per Square 48000 $0.13 $6,240.00 Foot 61 Install Soil Preparation Per Square 48000 $0.29 $13,920.00 Foot 62 Install Weed Abatement Per Square 54195 $0.20 $10,839.00 Foot PlanetBids, Inc. Page 5 City of Newport Beach IRVINE AVENUE PAVEMENT AND MEDIAN REHABILITATION (C-5869), bidding on May 11, 2016 10:00 AM (Pacific) Bid Results Type Item Code UOM Qty Unit Price 63 Install 3" Deep Layer of "Walk-on" Mulch Subcontractors Name & Address Description Kato Landscape, Inc. Landscape & Irrigation Per Square 48000 Fountain Valley, CA 92708 DIR #1000000086 Foot 64 Install 5 -gal Shrub 5312 Cypress Street Cypress, CA 90630 DIR#1000001476 Each 2624 65 Install 1 -gal Shrub 4938 E La Palma Anaheim, CA 92807 DIR#1000000550 Each 2169 66 Landscape Maintenance Phase (per month) 1269 Pomona Road, Suite 108 Corona, CA 92882 DIR #1000007166 Per Square 54195 United States Foot Fence 67 Provide Allowance for Unforeseen Conditions Orange, CA 92867 DIR#1000001986 United States Lump Sum 1 Subcontractors Name & Address Description Kato Landscape, Inc. Landscape & Irrigation 18182 Bushard Street Fountain Valley, CA 92708 DIR #1000000086 United States Superior Pavement Markings Traffic Striping & Markers 5312 Cypress Street Cypress, CA 90630 DIR#1000001476 United States MSL Electric WIRING 4938 E La Palma Anaheim, CA 92807 DIR#1000000550 United States CL Surveying and Mapping Surveying 1269 Pomona Road, Suite 108 Corona, CA 92882 DIR #1000007166 Corona, CA 92882 United States Alcom Fence Company Fence 1206 West Struck Orange, CA 92867 DIR#1000001986 United States SMITHSON ELECTRIC INC Traffic Loops 1938 E KATELLA AVE ORANGE, CA 92667 DIR#1000001610 United States Gwinco Construction & Storm Drain Engineering, Inc. 2131 S Grove Ave #A DIR #1000010888 Ontario, CA 91761 United States PlanetElids, Inc. $1.03 $22.00 $10.00 $0.10 $75,000.00 Subtotal Total License Num 806122 776306 822450 LS 8231 122954 614518 769266 Line Total Comment $49,440.00 $57,728.00 $21,690.00 $5,419.50 $75,000.00 $1,662,662.00 $1,662,662.00 Amount Type $500,559.49 $34,175.00 $5,000.00 $12,250.00 $28,350.00 $6,370.00 $113,400.00 Page 6 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS IRVINE AVENUE PAVEMENT AND MEDIAN REHABILITATION CONTRACT NO. 5869 PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.2 Line and Grade Section 3 — Changes in work 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Replace this section with the following: SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 - UTILITIES 5-1 LOCATION 5-2 PROTECTION 5-7 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 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 7-8.7.2 Steel Plates 8 7-10 PUBLIC CONVENIENCE AND SAFETY 8 7-10.1 Traffic and Access 8 7-10.3 Street Closures, Detours and Barricades 8 7-10.4 Safety 9 7-10.4.1 Safety Orders 9 7-10.5 "No Parking' Signs 9 7-10.6 Notices to Residents 30 7-10.7 Street Sweeping Signs and Parking Meters 10 7-10.8 Notices to Residents and Temporary Parking Permits 10 7-15 CONTRACTOR'S LICENSES 11 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 11 SECTION 9 -MEASUREMENT AND PAYMENT 11 9-3 PAYMENT 11 9-3.1 General 11 9-3.2 Partial and Final Payment 22 PART 2 CONSTRUCTION MATERIALS 22 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 22 201-1 PORTLAND CEMENT CONCRETE 22 201-1.1.2 Concrete Specified by Class 22 201-2 REINFORCEMENT FOR CONCRETE 22 201-2.2.1 Reinforcing Steel 22 201-7 NON -MASONRY GROUT 22 201-7.2 Quick Setting Grout 22 SECTION 203 — BITUMINOUS MATERIALS 22 203-5 EMULSION -AGGREGATE SLURRY 22 203-5.2 Materials 22 203-5.3 Composition and Grading 23 203-6 ASPHALT CONCRETE 23 203-6.4 Asphalt Concrete Mixtures 23 203-6.4.3 Composition of Grading 23 SECTION 212 — LANDSCAPE AND IRRIGATION MATERIALS 24 212-1 LANDSCAPE MATERIALS 24 212-1.2.6 Soil Amendments 24 SECTION 214 — PAVEMENT MARKERS 67 214-4 NONREFLECTIVE PAVEMENT MARKERS 67 214-5 REFLECTIVE PAVEMENT MARKERS 67 PART 3 CONSTRUCTION METHODS 67 SECTION 300 - EARTHWORK 67 300-1 CLEARING AND GRUBBING 67 300-1.3 Removal and Disposal of Materials 67 300-1.3.1 General 67 300-1.3.2 Requirements 68 300-1.5 Solid Waste Diversion 68 SECTION 302 — ROADWAY SURFACING 68 302A EMULSION -AGGREGATE SLURRY 68 302-4.3 Application 68 302-4.3.1 General 68 302-4.3.2 Spreading 68 302-4.3.3 Field Sampling 69 302-5 ASPHALT CONCRETE PAVEMENT 69 302-5.1 General 69 302-5.4 Tack Coat 69 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 69 302-6.6 Curing 69 SECTION 303 — CONCRETE AND MASONRY CONSTRUCTION 70 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND 400-2 UNTREATED BASE MATERIALS DRIVEWAYS 70 303-5.1 Requirements 70 303-5.1.1 General 70 303-5.5 Finishing 70 303-5.5.1 General 70 303-5.5.2 Curb 70 303-5.5.4 Gutter 70 SECTION 307—STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS 70 307-17 TRAFFIC SIGNAL CONSTRUCTION 70 307-17.7.3 Inductive Loop Detectors 70 SECTION 310 — PAINTING 71 310-5 PAINTING VARIOUS SURFACES 71 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 71 310-5.6.6 Preparation of Existing Surfaces 71 310-5.6.7 Layout, Alignment, and Spotting 71 310-5.6.8 Application of Paint 71 310-5.6.11 Pavement Markers 72 SECTION 312— PAVEMENT MARKER PLACEMENT AND REMOVAL 72 312-1 PLACEMENT 72 PART 4 72 SECTION 400—ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 72 400-2 UNTREATED BASE MATERIALS 72 400-2.1 General 72 400-2.1.1 Requirements 72 PART 6 73 SECTION 600- MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 73 600-2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 73 600-2.1 Asphalt -Rubber 73 600-2.1.1 General 73 600-2.6 Asphalt -Rubber Hot Mix Gap -Graded 73 600-2.6.3 Rolling 73 600-2.7 Asphalt -Rubber and Aggregate Membrane (ARAM) Surfacing or Interlayer 73 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS IRVINE AVENUE PAVEMENT AND MEDIAN REHABILITATION CONTRACT NO. 5869 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 -6056-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works 7 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 removing and replacing existing sidewalks; removing and replacing sidewalk ramps; removing and replacing concrete driveways; removing and replacing existing cross gutters; removing and replacing in full depth street asphalt; removing 2.5" of existing street asphalt by grinding and replacing with Asphalt Rubber Hot Mix; removing and replacing crushed aggregate base; removing and recompacting sub grade soil to 95% relative density; removing and replacing all street markers, striping, and painting; removing existing Bomanite stamped concrete from the medians; removing and replacing all damaged guard rail posts; removing and replacing all damaged traffic loops; landscaping and irrigation; removing and replacing street signage and adjustment of all interfering utilities and appurtenances in the field for the completion of the Irvine Avenue Pavement and Median Rehabilitation Project." Page 1 of 73 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 Replace with 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 Guida Surveying Inc and can be contacted at (949)777-2000. 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 prior to construction and after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. SECTION 3 — CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Replace this section with the following: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 Page 2 of 73 To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements Add Section 4-1.3.4 Inspection and Testing 4-1.3.4 Inspection and Testing All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 - UTILITIES 5-1 LOCATION Add the following after the 3rd paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all pre and post construction 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 Page 3 of 73 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 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 240 consecutive working days after the date on the Notice to Proceed. Page 4 of 73 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 15t (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4 th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." Add the following Section 6-7.4 Working Hours 6-7.4 Working Hours Normal working hours are limited to 7 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 6 a.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES Revise sentence three to read: "For each consecutive working day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." Page 5 of 73 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 of $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 give the City seven calendar days notice of the time he desires the shutdown of water and/or sewer facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. The City must approve any nighttime work in advance. It is the Contractor's responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down." The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting the City of Newport Beach Utilities Division at (949) 644-3011." ►�i��rC7l:��i�=�i5T�1►�i�►T��C� Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets Page 6 of 73 7-8.4.3 Storage of Equipment and Materials in Public Streets Delete the first paragraph and add the following: Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control Add to this section, Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 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 73 7-8.7.2 Steel Plates "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access Add this section: The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." 7-10.3 Street Closures, Detours and Barricades Add this section: The Contractor shall submit to the Engineer - at least five working days prior to the pre -construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all 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. Page 8 of 73 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction when completing their work. 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 8. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure." 7-10.4 Safety 7-10.4.1 Safety Orders Add 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. Page 9 of 73 Add the following Section 7-10.6 Notice to Residents 7-10.6 Notices to Residents Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. Add the following Section 7-10.7 "Street Sweeping Signs and Parking Meters" 7-10.7 Street Sweeping Signs and Parking Meters After posting temporary "NO -PARKING -TOW AWAY' signs, the Contractor shall cover street sweeping signs and parking meters, on those streets adjacent to the construction with a "PERMIT PARKING ONLY' sign, in a manner approved by the Engineer. The contractor shall also cover all street sweeping signs on the opposite side of the street from where he has posted the 'PERMIT PARKING ONLY' signs, in a manner approved by the Engineer. Immediately after construction is complete and the alley is opened to traffic, the Contractor shall remove all signs and uncover the street sweeping signs. City of Newport Beach "PERMIT PARKING ONLY" signs are available from the Engineer. Add the following Section 7-10.8 "Notice to Residents and Temporary Parking Permits" 7-10.8 Notices to Residents and Temporary Parking Permits Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or alley, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 Page 10 of 73 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 Sections: 7-15 CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess a Class A License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. 7-16 CONTRACTOR'S 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." 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: Page 11 of 73 Item No. 1: Mobilization and Demobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the BMP Plan and construction schedule, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA Markings and providing any required documentation as noted in these Special Provisions. Item No. 2: Excavation Safety, Sheeting, Shoring and Bracing Item No. 3: Traffic Control and Public Safety: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes, if required, preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards and changeable message signs, K -rail, temporary striping, and flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 4: Remove and Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk, subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk to City of Newport Beach Requirements, and all other work items as required to complete the work in place. Item No. 5: Remove and Construct P.C.C. Sidewalk Access Ramp: Work under this item shall include removing existing improvements and constructing P.C.C. access ramps, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359-3121 of Wisconsin. Item No. 6: Bomanite Concrete: Work under this item shall include removal of the existing bomanite concrete paving within the medians of the street and all other work items as required to complete the work in place. Item No. 7: Guard Rail Posts: Work under this item shall include removal and replacement of damaged wood guard rail posts and all other work items as required to complete the work in place. The guard rail posts to be removed and replaced will be determined by the city. Item No. 8: Remove and Construct P.C.C. Driveway Approach: Work under this item shall include removing existing improvements and constructing P.C.C. driveway approach and all other work items as required to complete the work in place. Item No. 9: Remove and Construct 8 -Inch Thick P.C.C. Cross Gutter: Work under this item shall include removing and disposing of the cross gutter and spandrels, subgrade compaction, placing crushed miscellaneous base, base compaction, constructing 8 -inch thick P.C.C. cross gutter, adjusting City utility facilities such as street lighting, sewer, water, etc. boxes and covers to grade, and all other work items as required to complete the work in place. Page 12 of 73 Item No. 10: 2.5 -Inch Thick Asphalt Rubber Hot Mix (ARHM) Overlay: Work under this item shall include grinding, removing asphalt and existing paving fabric, and disposing of the existing 2.5 -inch thick upper section of asphalt paving, spreading and compaction of 2.5 -inch thick asphalt rubber hot mix overlay and all other work items as required to complete the work in place. Item No. 11: Remove and Construct Subgrade and Crushed Aggregate Base: Work under this item shall include removing of the subgrade, crushed aggregate base, replacing and re -compacting the subgrade and crushed aggregate base section, and all other work items as required to complete the work in place, including an application of an approved weed kill herbicide. Item No. 12: Midwest Guard Rail System Ending: Work under this item shall include the installation of a Midwest Guard Rail system in accordance with Caltrans Standards, procurement of material, excavation, compaction and placement. Item No. 13: 8 -Inch Thick Asphalt Pavement Base Course: Work under this item shall include removing and disposing of the Asphalt Pavement Base Course, and reconstructing 8 -inch thick asphalt pavement base course and all other work items as required to complete the work in place, including an application of an approved weed kill herbicide. Item No. 14: Adjust Sewer Manhole Frame and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operation, of all manhole frame and cover to grade and all other work items as required to complete the work in place. Item No. 15: Adjust Storm Drain Manhole Frame and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operation, of all manhole frame and cover to grade and all other work items as required to complete the work in place. Item No. 16: Adjust Water Valve Cover to Grade: Work under this item shall include adjusting, lower and raising during paving operation, of all water valve frames and covers to grade and all other work items as required to complete the work in place. Item No. 17: Remove Existing Concrete from Median: Work under this item shall include removal of the existing Portland cement concrete within the medians of the street and all other work items as required to complete the work in place. Item No. 18: Remove and Construct P.C.C. Curb and Gutter: Work under this item shall include removing and disposing of the gutter and curb, subgrade compaction, removing and placing crushed miscellaneous base, base compaction, constructing the P.C.C. curb and gutter, and all other work items as required to complete the work in place. Item No. 19: Install 6" Median Sub drain: Work under this item shall include all labor, material and equipment as required to install the 6 inch PVC subdrain, including: Page 13 of 73 pipe, bends, fittings, gaskets, couplings, cleanouts, excavation, bedding, recompaction, connections and all other appurtenances necessary to install the pipe. Item No. 20: Remove and Construct Existing AC pavement to Full Depth: Work under this item shall include removing and disposing of the asphalt, subgrade compaction, removing and replacing 12 -inches of asphalt beyond the boundary of the gutter, placing crushed miscellaneous base, base compaction, and all other work items as required to complete the work in place. Item No. 21: Remove and Abandon Existing Irrigation Service: Work under this item shall include removing and abandoning of the existing water services as called for on the plans and all other work items as required to complete the work in place. Item No. 22: Install 12" RCP Drain Pipe: Work under this item shall include all labor, material and equipment as required to install the 12 inch RCP drain, including: pipe, bends, fittings, gaskets, couplings, excavation, bedding, recompaction, connections and all other appurtenances necessary to install the pipe. Item No. 23: Install Precast Concrete Catch Basin with Grate: Work under this item shall include all labor, material and equipment as required to install the 24"x24"x36" precast concrete drop inlets with Grates including: excavation, bedding, recompaction, connections and all other appurtenances necessary to install the Basins. Item No. 24: Construct Cobblestone Hard Surface: Work under this item shall include subgrade compaction, constructing the cobble stone surface, grouting cobblestone in place and all other work items as required to complete the work in place. Item No. 25: Remove Existing Concrete Mower Ramp: Work under this item shall include removal of the existing Portland cement concrete mow ramp within the medians of the street and all other work items as required to complete the work in place. Item No. 26: Traffic Striping and Markers: Work under this item shall include installing traffic striping, pavement markers, and all other work items as required to complete the work in place. Item No. 27: Traffic Signal Loops: Work under this item shall include providing and installing traffic signal loops, pull boxes, conduit, and wiring and all other work items as required to complete the work in place. Item No. 28: Provide As -Built Plans (and DBE Certification if applicable). Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. Item No. 29: Cross -Ripping: Work under this item shall include, but not be limited to, the cost of all labor, equipment and material for cross -ripping the project site to a depth of 24 inches prior to rototilling amendments into the soil with amendments per the attached soils report. Included shall be the removal of debris, construction materials, Page 14 of 73 rocks over 2" diameter, concrete, asphalt or any other material deemed to be deleterious to plantings to the satisfaction of the Engineer. Item No. 30: Construct 4" deep natural -looking rock and cobble ground cover. Work under this item shall include, but not be limited to the cost of all labor, equipment, and material for over -excavation of the area, grading, compacting and constructing the rockwork including all other appurtenances, and all other work items as required to complete the work in place to the satisfaction of the Engineer. Item No. 31: Install artificial GFRC 4 -foot boulders. Work under this item shall include, but not be limited to the cost of all labor, equipment and material for digging the hole to receive the boulder, regrading and removal of excess soil from the site, and all other work items as required to complete the work in place. Item No. 32: Install artificial GFRC 3 -foot boulders. Work under this item shall include, but not be limited to the cost of all labor, equipment and material for digging the hole to receive the boulder, regrading and removal of excess soil from the site, and all other work items as required to complete the work in place. Item No. 33: Install real rock 2 -foot boulders. Work under this item shall include, but not be limited to the cost of all labor, equipment and material for digging the hole to receive 50% of the boulder, regrading and removal of excess soil from the site, and all other work items as required to complete the work in place. Item No. 34: Pull High Voltage Wires to Controller "A': Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for pulling required wires through the existing street light conduit to provide metered power to the proposed irrigation controller 'A' per City of Newport Beach Standard 206-L, including all electrical components, wiring, conduits, pull boxes, provide electrical service connection to the controller; coordinating and connecting to SCE service panel as required, and all other work items as required to complete the work in place. Item No. 35: Modify Existing Controller: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for modifying the existing controller to remove all existing wires, install new wires and common wire, programming, connecting to new irrigation system and adjustments to the electrical meter cabinet, as needed. Work includes all electrical components, all appurtenances, and all other work items as required to complete the work in place. Item No. 36: Furnish and Install 24 Station Irrigation Controller with Pedestal: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing new pedestal mounted irrigation controller, electrical components, pedestal base/pad, and appurtenances; connecting to 120 VAC source; disposing of excess materials; and all other work items as required to complete the work in place. Item No. 37: Re -install existing 2 -inch backflow preventer at water meter 'A' location. Install with new stainless steel cage, concrete pad, connect to existing water meter, and connect to new irrigation equipment downstream of the backflow. Work Page 15 of 73 includes all components, all appurtenances and all other work items as require do complete the work in place. Item No. 38: Install 1 -1/2 -inch backflow preventer at potable water meter 'B' location. Install with new stainless steel cage, concrete pad, connect to existing water meter, and connect to new irrigation equipment downstream of the backflow. Work includes all components, all appurtenances and all other work items as require do complete the work in place. Item No. 39: Furnish and Install 2-1/2" Pressure Reducing Valve: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 2-1/2" pressure reducing valve, pipe material, valve boxes, and appurtenances to make connection to potable irrigation water system, excavating, backfilling, and all other items as required to complete the work in place. Item No. 40: Furnish and Install 1" Flow Sensor: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 1" flow sensor and electrical components, wiring and cabling, electrical connections, conduit, valve boxes, appurtenances, and all other work items as required to complete the work in place. Item No. 41: Install 1 -Inch Schedule 40 PVC Telemetry Cable Conduit: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing schedule 40 PVC conduit for telemetry cable from flow sensor to both controllers 'A' and 'B', and all other items as required to complete the work in place. Item No. 42: Install Telemetry Cable within 1 -Inch Sleeves: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing telemetry cable from flow sensors to both controllers 'A' and 'B', and all other items as required to complete the work in place. Item No. 43: Furnish and Install 1-1/2" Master Valve: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 1-1/2" master valve, pipe material, electrical connections, valve boxes, recycled water identification, and appurtenances to make connection to irrigation water system, excavating, backfilling, and all other items as required to complete the work in place. Item No. 44: Furnish and Install 2-1/2" Ball Valves: Work under this item shall, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new ball valves, pipe material, valve boxes, recycled water identification, and appurtenances to make connection to irrigation water system, and all other items as required to complete the work in place. Item No. 45: Furnish and Install 1" Quick Coupling Valves: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 1" quick coupling valves, pipe material, valve boxes, Page 16 of 73 recycled water identification, and appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 46: Furnish and Install 10" Round Irrigation Pull Boxes: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 10" round pull boxes, electrical connections, recycled water identifications, backfilling, compacting, and all other work items as required to complete the work in place. Item No. 47: Furnish and Install Low -Voltage Direct -Burial Valve and Common Wires: Work under this item shall include, but not limited to the cost of labor, equipment and materials for furnishing and installing new valve and common wiring in trenches and sleeves per Contract drawings, and as directed by the Engineer, and all other work items as required to complete the work in place. Item No. 48: Furnish Submittal Items: Work under this item shall include, but not limited to the cost of labor, equipment and materials for providing new submittal items per Contract Specifications, and as directed by the Engineer, and all other work items as required to complete the work. Item No. 49: Furnish "As -Built' Record Drawings: Work under this item shall include, but not limited to the cost of labor, equipment and materials for providing "As - Built' record drawings per Contract Specifications, and as directed by the Engineer, and all other work items as required to complete the work. Item No. 50: Furnish and Install Irrigation Heads and Lateral Lines: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new irrigation heads and lateral lines, pipe material, recycled water identification, and appurtenance such as tees, elbows, etc., and all other items as required to complete the work in place. Item No. 51: Furnish and Install 1-1/2" Remote Control Valves: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 1-1/2" remote control valves, electrical connections, pipe material, valve boxes, recycled water identification, and appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 52: Furnish and Install 1" Remote Control Valves: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 1" remote control valves, electrical connections, pipe material, valve boxes, recycled water identification, and appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 53: Furnish and Install 3/4" Remote Control Valves: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 3/4" remote control valves, electrical connections, pipe material, valve boxes, recycled water identification, and Page 17 of 73 appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 54: Furnish and Install 2-1/2" PVC CL 315 Irrigation Mainline: Work under this item shall, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 2-1/2" PVC CL 315 irrigation mainline, pipe material, potable water identification tape, appurtenances required to make connections such as tees, laterals, elbows, etc., connections to water mainline, pulling pipe through all sleeves as required, and all other items as required to complete the work in place. Item No. 55: Furnish and Install 2" PVC CL 315 Irrigation Mainline: Work under this item shall, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 2-1/2" PVC CL 315 irrigation mainline, pipe material, potable water identification tape, appurtenances required to make connections such as tees, laterals, elbows, etc., connections to water mainline, pulling pipe through all sleeves as required, and all other items as required to complete the work in place. Item No. 56: Furnish and Install 1" PVC Schedule 40 Irrigation Mainline: Work under this item shall, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 2-1/2" PVC CL 315 irrigation mainline, pipe material, potable water identification tape, appurtenances required to make connections such as tees, laterals, elbows, etc., connections to water mainline, pulling pipe through all sleeves as required, and all other items as required to complete the work in place. Item No. 57: Bore 6 -Inch Schedule 40 PVC Pipe Sleeve: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for excavating bore pits, backfilling, compacting, furnishing and installing schedule 40 PVC sleeve material, recycled water identification, intercepting existing conduit, and appurtenances, removing and reconstructing pavement, curb and gutter, sleeves and all other items as required to complete the work in place. Item No. 58: Bore 4 -Inch Schedule 40 PVC Wire Sleeve: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for excavating bore pits, backfilling, furnishing and installing schedule 40 PVC sleeve material, recycled water identification, and appurtenances, removing and reconstructing pavement, curb and gutter, sleeves and all other items as required to complete the work in place. Item No. 59: Bore 2 -Inch Schedule 40 PVC Wire Sleeve: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for excavating bore pits, backfilling, furnishing and installing schedule 40 PVC sleeve material, recycled water identification, and appurtenances, removing and reconstructing pavement, curb and gutter, sleeves and all other items as required to complete the work in place. Page 18 of 73 Item No. 60: Furnish and Install Finish Grade: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, disposing, transporting, delivering, furnishing and installing top soil, shaping and removing irregular landforms and erosion damage to meet the finish grade requirements, and present a smooth and properly drained landscape surface, soil amendments, and all other work items as required to complete the work in place as determined by the Engineer. Item No. 61: Furnish and Install Soil Preparation: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for soil amendments installation, and all other work items as required to complete the work in place as determined by the Engineer. Item No. 62: Weed Abatement Program: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for applying herbicides, irrigation by truck or other means to completely wet entire planting area, fertilization and all other items as required to complete work in place prior to plant installation. Item No. 63: Furnish and Install 3" Thick Mulch: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing a 3 -inch thick layer of mulch, appurtenances, and all other items as required to complete the work in place. Item No. 64: Furnish and Install 5 Gallon Acacia redolens 'Lowboy' (Prostrate Acacia): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 gallon Acacia redolens 'Lowboy (Prostrate Acacia), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 64: Furnish and Install 5 Gallon Agave attenuata (Agave): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 gallon Agave attenuata (Agave), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 64: Furnish and Install 5 Gallon Callistemon viminalis 'Little John' (Little John Bottlebrush): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 gallon Callistemon viminalis 'Little John' (Little John Bottlebrush), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 64: Furnish and Install 5 Gallon Cotoneaster dammed 'Lowfast' (Bearberry Contoneaster): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 Gallon Cotoneaster dammed 'Lowfast' (Bearberry Cotoneaster), soil amendments, providing plant photos, and all other items as required to complete the work in place. Page 19 of 73 Item No. 64: Furnish and Install 5 Gallon Euphorbia millii Hybrid (Redi-Red Crown of Thorns): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 Gallon Euphorbia millii Hybrid (Redi-Red Crown of Thorns), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 64: Furnish and Install 5 Gallon Hesperaloe Parviflora 'Brakelights' (Red Yucca): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 Gallon Hesperaloe Parviflora 'Brakelights (Red Yucca), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 64: Furnish and Install 5 Gallon Lantana 'New Gold' (New Gold Lantana): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 Gallon Lantana 'New Gold' (New Gold Lantana), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 64: Furnish and Install 5 Gallon Leucophyllum zygophyllum 'Cimarron' (Cimarron). Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 Gallon Leucophyllum zygophyllum 'Cimmarron' (Cimarron), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 64: Furnish and Install 5 Gallon Salvia greggii 'Red' (Autumn Sage). Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 Gallon Salvia greggii 'Red' (Autumn Sage), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 64: Furnish and Install 5 Gallon Sphaeralcea ambigua 'Louis Hamilton' (Globe mallow). Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 Gallon Sphaeralcea ambigua 'Louis Hamilton' (Globe mallow), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 65: Furnish and Install 1 Gallon Aloe Rudikoppe 'Little Gem' (Little Gem Aloe): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 1 gallon Aloe Rudikoppe 'Little Gem' (Little Gem Aloe), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 65: Furnish and Install 1 Gallon Bouteloua gracilis (Blue Grama Grass): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 1 gallon Bouteloua gracilis (Blue Grama Grass), soil amendments, providing plant photos, and all other items as required to complete the work in place. Page 20 of 73 Item No. 65: Furnish and Install 1 Gallon Carex tumulicola (Berkeley Sedge): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 1 Gallon Carex tumulicola (Berkeley Sedge), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 65: Furnish and Install 1 Gallon Dianella tasmanica 'Casa Blue' (Casa Blue Flax Lily): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 1 Gallon Dianella tasmanica 'Casa Blue' (Casa Blue Flax Lily), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 65: Furnish and Install 1 Gallon Dianella tasmanica 'Variegata' (Variegated Flax Lily): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 1 Gallon Dianella tasmanica 'Variegata' (Variegated Flax Lily), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 65: Furnish and Install 1 Gallon Muhlenbergia capillaris 'Regal Mist (Regal Mist Muhly). Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 1 Gallon Muhlenbergia capillaris 'Regal Mist (Regal Mist Muhly), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 65: Furnish and Install 1 Gallon Muhlenbergia rigens (Deer Grass). Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 1 Gallon Muhlenbergia rigens (Deer Grass), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 65: Furnish and Install 1 Gallon Senecio Mandraliscae (Kleinia). Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 1 Gallon Senecio Mandraliscae (Kleinia), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 65: Furnish and Install 1 Gallon Sesleria autumnalis (Autumn Moor Grass). Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 1 Gallon Sesleria autumnalis (Autumn Moor Grass)), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 66: 60 -Day Landscape Establishment & 30 -Day Landscape Maintenance Phase: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for manpower, fertilizers, irrigation system inspection and operation, plant materials, supervision and all other items necessary to establish and maintain the landscaping for the entire duration of the Landscape Establishment and Maintenance Phase. Page 21 of 73 Item No. 67: Provide Allowance for Unforeseen Conditions: An amount of $75,000 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 201-1.1.2 Concrete Specified by Class Add to this section: Portland Cement concrete for construction shall be Class 560-C- 3250. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2.1 Reinforcing Steel Add to this section: Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans. 201-7 NON -MASONRY GROUT 201-7.2 Quick Setting Grout Add to this section: The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout. SECTION 203 — BITUMINOUS MATERIALS 203-5 EMULSION -AGGREGATE SLURRY 203-5.2 Materials Replace a) with the following: "Emulsified Asphalt shall be of a quick set type. It shall be cationic unless otherwise specified and shall conform to the requirements of CQS-1 h of 203-1.3 (Test Reports Page 22 of 73 and Certification), 203-3.2, and to the following specifications when tested according to appropriate ASTM Methods: Minimum Maximum Furol Viscosity at 77 degrees F sec. 15 50 Sieve Test 0.10 Residue from distillation. % 60 80 Penetration of Residue at 77 degrees F 40 75 Particle Charge Test Positive Replace 2) with the following: "ADDITIVES: Latex - Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company, Inc., or equal approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 2%2 percent of weight of the emulsified asphalt. Latex - added emulsified asphalt shall be kept in a suspended state by an agitating mixer and mixed every three days. Materials testing shall be performed as directed by the Engineer. Replace in Table 203-5.2 (B): Sand Equivalent shall range from a value of 55 to a value of 45." 203-5.3 Composition and Grading Add this Section: "Replace Residual Asphalt percentage of Dry Aggregate Weight for Type II aggregate from a value of 7.5 minimum to 8.5 minimum." 203-6 ASPHALT CONCRETE 203-6.4 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. (Delete Section 212 and replace with the following) Page 23 of 73 SECTION 212 — LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS 212-1.2.6 Soil Amendments Soil amendments shall adhere to the soil. analyses and recommendations by Wallace Laboratories, LLC, dated August 6, 2015 and Landscape Planting Specifications as attached to these specifications, or as directed by the Engineer. SECTION 02810 LANDSCAPE IRRIGATION PART 1 -GENERAL A. Scope of Work Furnish all labor, materials, appliances, tools, equipment facilities, transportation, and services necessary for and incidental to performing all operations in connection with the installation of "Landscape Irrigation" complete, as shown on the drawings and/or described herein. Related work in other sections: Landscape Planting Landscape Maintenance B. Regulatory Agencies Comply with all applicable state and local codes, ordinances and regulations. Obtain and pay for all permits and inspections required. Erect and maintain barricades, warning signs, lights and guards as necessary to protect all persons on the site as set forth by the City. Coordinate with Orange County Health department for all regulations. C. Quality Assurance and Qualifications Manufacturer's directions and detailed drawings shall be followed in all cases where the manufacturers of articles used in the Contract furnish directions covering points not shown in the drawings and specifications. All local, municipal and state laws and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these Page 24 of 73 specifications and their provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed to conflict with any of the above rules and regulations or requirements of the same. However, when these specifications and drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, the provisions of these specifications and drawings shall take precedence. D. Contractor Responsibilities 1. A qualified superintendent shall be present on the site at all times during the progress of the work. The superintendent shall be fluent in English. 2. The Contractor shall train each person in techniques for making correct solvent and rubber gasket joints prior to their performing work on the site. 3. The Contractor shall protect work and materials from damage during construction and storage. Polyvinyl chloride (PVC) pipe and fittings shall be protected from dirt and sunlight. 4. The Contractor shall assume responsibility for damage to existing improvements and shall restore damaged improvements to the original condition to the satisfaction of the Engineer. 5. The Contractor shall handle plastic pipe and fittings carefully and store undercover to avoid UV or other damage. Beds on which materials are stored must be full length of pipe. Pipe that has been damaged or dented shall not be used in work. 6. Immediately notify the Engineer in case of discrepancies. 7. Do not proceed with installation in areas of discrepancy until all such discrepancies have been resolved. If the Contractor provides and installs material or performs work without resolving such discrepancies, the Contractor shall be fully responsible for removing, restocking and re- installation of such areas until all discrepancies are resolved to the Engineer's satisfaction. E. Site Safetv Erect and maintain any barricades, warning signs, lights and/or guards in addition to those stated on the approved traffic control plans as necessary or required to protect all persons on the site as directed by the City. F. Explanation of Drawings Due to the scale of drawings, it is not possible to indicate all offsets, fittings, Page 25 of 73 sleeves, etc. which may be required. The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc. as may be required to meet such conditions. Drawings are essentially diagrammatic and indicative of the work to be installed. The work shall be installed in such a manner as to avoid conflicts between irrigation systems, planting, and architectural features. All work called for on the drawings by notes or details shall be furnished and installed whether or not specifically mentioned in the specifications. The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that obstructions, grade differences or discrepancies exist that might not have been considered in the irrigation design. Such obstructions or differences should be brought to the attention of the Engineer. In the event this notification is not performed, the Contractor shall assume full responsibility for any revisions necessary to correct these discrepancies. G. Submittals Material List: The Contractor shall furnish the articles, equipment, materials, or processes specified by name in the drawings and specifications. No substitutions shall be allowed without prior written approval by the Engineer. Review of any items, alternatives or substitutes indicates only that products apparently meet the requirements of drawings and specifications on the basis of information of the samples submitted. Submittals shall be provided within ten (10) working days from the award of the Contract. The complete material list shall be submitted prior to the starting of any work. Catalog data and full descriptive literature shall be submitted. Although equipment on the plans may be different from the examples below, the following is a guide for proper submittal format, and shall be submitted on the Contractor's own letterhead paper: Item No Description ManufacturerModel Size(s) 1. Backflow Preventer Febco 825Y 2" 2. Pop-up Spray Head Toro 570Z NA Material list must include all irrigation materials utilized on the project including fittings, glue, primer, etc. Work schedule including coordination of electrical and water connections and the placement of material and equipment. Page 26 of 73 Equipment or materials installed without the prior review of Engineer will be rejected; such materials shall be removed from the site. H. Substitutions The Contractor may submit proposed substitutions for equipment and materials listed on the irrigation plans in the following manner. The Contractor shall submit to the Engineer for approval on a separate sheet of Contractor's letterhead paper the following: A statement indicating the reason for making each individual proposed substitution(s). Provide descriptive catalog literature, performance charts and flow charts as required for each item the Contractor proposes to substitute, including the sales/manufacturer's regional telephone numbers. Provide the amount of cost savings or overage if the proposed substitute item is approved. Substituted equipment or materials installed or furnished without prior approval of the Engineer may be rejected and the Contractor required to remove such materials from the site at his own expense. The Engineer shall have the sole discretion in accepting or rejecting any proposed substitution. No exception taken to any item, alternate or substitute indicates only that the product apparently meets the requirements of the drawings and specifications on the basis of the information or samples submitted. All items must meet or exceed these specifications. 1. Manufacturer's warranties shall not relieve the Contractor of his liability under the guarantee. Such warranties shall only supplement the guarantee. 2. Manufacturer's warranty is required on any product offered. 3. If, in the opinion of the Engineer, the substitution proves to be unsatisfactory, the Contractor shall remove such work and replace it with the originally specified item at the Contractor's own cost. I. Record Drawings (As-Builts) The Contractor shall provide and keep up to date a complete "record" set of bond prints which shall be corrected daily and show every change from the Contract drawings and specifications and the exact locations, sizes and kinds of equipment. These drawings may also serve as work progress sheets and may be the basis for measurement and payment for work completed as deemed by Page 27 of 73 the Engineer. This set of drawings shall be kept on the site and shall be used only as a record set. The Contractor shall make neat and legible annotations thereon daily as the work proceeds, showing the work as actually installed to the Engineer's satisfaction. These drawings shall be available at all times for inspection and shall be kept in a location approved by the Engineer. The Contractor shall dimension from two (2) points of reference the location of the following items. The depth of each item shall also be indicated if required by the Engineer or City. The minimum height of dimension lines and/or notes shall be .10" unless otherwise directed by the Engineer. Provide a "bar scale" on the plan. 1. Water point of connection 2. Site irrigation supply lines 3. Electrical point of connection 4. Master valve 5. Flow sensor 6. Ball valves 7. Quick coupling valves 8. Remote control valves 9. Routing of pressure main line piping, (dimension max.100' along routing) 10. Routing of control and common wire 11. Pull Boxes 12. Electrical wiring and equipment 13. Controllers 14. Other related equipment On or before the date of the final inspection at the end of the Construction Phase, the Contractor shall deliver the corrected and completed record drawings to the Engineer. Delivery of the drawings will not relieve the Contractor of the responsibility of furnishing required information that might have been omitted from the prints compiled at the site. The Contractor shall be fully responsible for correct record drawings. Page 28 of 73 J. Controller Charts Record drawings (as-builts) shall be evaluated by the Engineer before controller charts are prepared. Provide three (3) controller charts and electronic files for each controller, unless otherwise directed by the Engineer. Provide "Bar' scale on original plan prior to reducing the size. The chart shall show the area controlled by each automatic controller and shall be sized '/2" smaller than the controller door on all sides. The chart is to be a reduced drafted copy of the final record drawings. However, in the event the controller sequence is not legible when the drawing is reduced, it shall be revised and made readable prior to when the final controller chart is completed. The chart shall be at least a 30# presentation bond copy. A differing color shall be used to indicate each valve and the same color used to identify the area of coverage for that valve. When completed and approved, the chart shall be hermetically sealed by a plastic lamination process. The plastic laminating sheets shall each be a minimum of 20 mil. thick. The charts shall be mounted using Velcro tape. Controller charts shall be completed and approved by Engineer prior to final inspection of the irrigation system. K. Operation and Maintenance Manuals Prepare and deliver to the Engineer within ten calendar days prior to completion of construction, hard -covered three rings binders containing the following information 1. Index sheet stating Contractor's name, address and telephone number, list of equipment with name and addresses of local manufacturer's representatives. 2. Catalog and parts sheets on every material and equipment installed under this Contract. 3. Guarantee statement 4. Complete operating and maintenance instructions on all major pieces of Page 29 of 73 equipment in sufficient detail to permit operating personnel to operate and maintain the equipment. Equipment list providing the following for each item 1. Index sheet stating Contractor's name, address, telephone number and name of contact person. 2. Manufacturer's name 3. Make and model number 4. Name and address of local manufacturer's representatives 5. Spare parts list in detail 6. Detailed operating and maintenance instructions for major equipment. Provide two (2) manuals, unless otherwise directed by the Engineer. L. Equipment to be furnished Supply as a part of this Contract the following tools and equipment: 1. Two (2) sets of special tools required for removing, disassembling and adjusting each type of sprinkler and valve installed under this Contract. 2. Two (2) five-foot valve keys for operation of gate valves (as required). 3. Two (2) keys for each automatic controller. 4. Two (2) quick coupling valve keys. 5. Sprinklers: rotator head bodies — (5) of each type nozzles — (5) of each type The above equipment shall be turned over to the Engineer at the completion of Contract work, before final observation can occur. The above-mentioned equipment shall be turned over to the Engineer at the end of the Maintenance Phase. M. Central Control The Contractor shall contact the central control operator for the City and verify Page 30 of 73 that all equipment is operational to the operator's satisfaction. For technical assistance with central control system, contact Mr. Scott Kyle at (949) 212-8013. For Controller/Sensor certification at start-up, contact John Deere, Green Tech at (949) 837-4737. N. Product Delivery. Storage and Handling The Contractor is cautioned to exercise care in handling, loading, unloading, and storing of PVC pipe and fittings. All PVC pipe shall be transported in a vehicle which allows the length of pipe to lie flat so as not to subject it to undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded and, if installed, shall be replaced with new pipe. O. Guarantee The guarantee for the irrigation system shall be made in accordance with the attached form. The general conditions and supplementary conditions of these specifications, if any, shall be filed with the Engineer or his representative prior to acceptance of the irrigation system. A copy of the guarantee form shall be included in the Operations and Maintenance Manual. The beginning date of the one year guarantee shall be from the written final acceptance date established by the Engineer at the end of the Maintenance Phase. The guarantee form shown below shall be re -typed onto the Contractor's letterhead and contain the following information: GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM We hereby guarantee that the irrigation system we have furnished and installed is free from defects in materials, equipment and workmanship, and the work has been completed in accordance with the drawings and specifications. We agree to repair or replace any defects in material equipment or workmanship which may develop during the period of one year from the date of acceptance. We also guarantee to repair or replace any damage resulting from the defects, or the repairing or replacing of such defects at no additional cost to the City. We shall make such repairs or replacements within a reasonable time as determined by the Engineer after receipt of written notice from the Engineer. All repair work shall completed to the satisfaction of the Engineer. In the event of our failure to make such repairs or replacements within a reasonable time after receipt of written notice from the Engineer, we authorize the Engineer to proceed to have said repairs or replacements made at our expense. We will pay the costs and charges therefore upon demand. Any temporary repairs Page 31 of 73 made by others to keep the irrigation system operable, does not void or relieve the Contractor of his responsibilities during the guarantee period. PROJECT: ADDRESS: LOCATION: SIGNED: ACCEPTANCE: SIGNED: PHONE: PART 2 — MATERIALS A. General Use only new materials of brands and types noted on the drawings, specified herein, or approved equivalents. B. Pressure Supply Pipe Pressure supply line from point of connection through backflow preventer shall be brass or as per local cross -connection codes. Purple PVC Pressure Main Line Pipe and Fittings: 1. Pressure main line piping shall be purple PVC Class 315 for all pipe 2" and larger, and Schedule 40 for all pipes 1-1/2" and smaller with solvent welded joints. 2. Pipe shall be made from NSF approved Type 1, Grade 1 PVC compound conforming to ASTM resin specification D 1784 or D 2241. All pipe must meet requirements as set forth in Federal Specification PS -21-70 (Solvent -Weld Pipe) and meet requirements of Cell Classification 124548. This compound shall have a 2,000 -PSI hydrostatic design stress rating. 3. PVC solvent -weld fittings shall be Schedule 80, 1-2, 11-1 NSF approved conforming to ASTM test procedure D 2466. 4. Solvent cement and primer for PVC solvent -weld pipe and fittings shall be of the type and installation methods prescribed by the manufacturer. 5. All PVC pipe must bear the following markings: Manufacturer's name Nominal pipe size Page 32 of 73 Schedule or Class Pressure rating in PS NSF (National Sanitation Foundation) approval Date of extrusion All fittings shall bear the manufacturer's name or trademark, material designation, size, applicable IPS schedule and NSF seal of approval. Fittings shall be standard weight Schedule 80, injection molded of PVC fitting compound which meets current ASTM D 1784-69 and requirements described in Cell Classification 134548. Threads required in plastic fittings shall be injection molded. Tees and ells shall be side gated. Use Rockwell Metal Repair Clamp for all mainline repairs. C. PVC Non -Pressure Lateral Line Pipe Non -pressure buried lateral line pipe shall be purple PVC Schedule 40 with solvent -weld joints. Pipe shall be made from NSF approved, Type 1, Grade II PVC compound conforming to ASTM resin specification D1784. All pipe must meet requirements set forth in Federal Specification PS -22-70 with an appropriate standard dimension ratio. All requirements for non -pressure lateral line pipe and fittings shall be the same as that for solvent -weld pressure main line pipe and fittings. 1. Use PVC Slip Fix for lateral line repairs only. D. Threaded Nipples Threaded nipples shall be standard weight, schedule 80, with molded threads. Assemble threaded fittings using teflon tape applied to male threads only. E. Joint Primer Type as recommended by manufacturer of pipe. F. Joint Cement Solvent type as recommended by manufacturer. G. Brass Pipe and Fittings Page 33 of 73 Where indicated on the drawings, use 85% red brass, Schedule 80 screwed pipe conforming to Federal Specification #WW -P-351 Fittings shall be medium red brass, screwed, 125 pound class conforming to Federal Specification #WW -P-460. Assemble using teflon tape applied to male threads only. H. Ball Valves All ball valves shall be as specified on plan and installed per installation detail on plans. Matco 754 Series Full Port Ball Valve. Flow Sensors Flow sensing equipment shall be EVFM Flow Sensor manufactured by Rainmaster and shall be an insertion type with a non-magnetic, spinning impeller, (paddle wheel) as the only moving part. The sensor sleeve will be brass or Type 316 stainless steel with the impeller and sensor housing being glass -filled PPS. A Pinion bearing shall be inserted through the impeller and the shaft material shall be tungsten carbide. The sensor will be supplied with a 2" NPT adapter for installation into any commercially available weld -on fitting or pipe saddle. The adapter shall have two (2) ethylenepropylene O -rings. The sensor electronics will be potted in an epoxy compound designed for prolonged immersion. Electrical connections shall be two (2) single conductor 18AWG leads eighteen (18) inches long. Insulation shall be direct burial "UF" type, colored red for the positive lead and black for the negative lead. Insertion of the sensor into any pipe size shall be 1-1/2 inches from the inside wall to the end of the sensor housing. The sensor shall operate in line pressures up to 400 PSI and liquid temperatures up to 22- degrees Fahrenheit, and operate in flows of one (1) foot per second up to thirty (30) feet per second. This flow sensor shall be manufactured by Rainmaster model number as specified on the drawings. J. Quick Coupling Valves Quick coupling valves shall have a brass body designed for working pressure of 150 PSI operable with quick coupler key. Key size and type shall be as shown on plans. Hinge cover shall be of heavy duty brass construction with a durable high quality locking thermoplastic rubber cover bonded to it in such a manner that it becomes a permanent -type cover. Locate valves within 12 inches of hardscape edge unless otherwise noted on plans. K. Normally -Closed Master Valves Page 34 of 73 Master valves shall be the size and type as shown on the drawings. Solenoid, if different from that normally supplied, shall be as specified on the drawings. The remote control valve shall be a normally closed, 24VAC-50/60 cycle solenoid actuated globe pattern design capable of having a flow rate specified on the drawings and a pressure loss not to exceed manufacturer's specifications. The valve pressure rating shall not be less than 2,000 PSI, (13.8 bars, metric). The valve body and bonnet shall be constructed of heavy cast brass, diaphragm shall be of nylon reinforced buna-n rubber. All other internal parts shall be made of bronze, brass, and stainless steel to ensure corrosion resistance. The valve shall have both internal and external manual open/close control, (internal and external bleed), for manually opening and closing the valve without electrically energizing the solenoid. The valve shall have internal manual bleed to prevent flooding of the valve box. The valve shall house a fully encapsulated, one-piece solenoid. The solenoid shall have a captured plunger with a removable retainer for easy servicing, and a leverage handle for easy turning. This 24VAC 50/60 Hz solenoid shall open with 19.6 VDC minimum at 200 PSI, (13.8 bars metric). At 24VAC average inrush current, it shall not exceed .41 amps. Average holding current shall not exceed .23 amps. The valve shall have a contamination -proof (CP) self -flushing nylon filter screen located a the valve inlet to filter out debris and prevent clogging of the hydraulic control ports and assure reliable operation. The valve shall have a stainless steel flow control stem and cross handle for regulating or shutting off the flow of water. The valve must open or close in less than one minute at 200 PSI, (13.8 bars metric), and less than 30 seconds at 20 PSI, (1.4 bars metric). The valve construction shall be such as to provide for all internal parts to be removable from the top of the valve without disturbing the valve installation. Install Griswold 2000 Solenoid Valve L. Electric Remote Control Valves Electric remote control valves shall be of the size and type shown on the drawings. Unless otherwise noted on plan or construction details, all electric control valves shall have a manual flow adjustment. Provide and install one control valve box for each electric control valve. Provide and install Christy tags with valve sequence for each valve. Page 35 of 73 Install Griswold DWS Series valve. M. Valve Boxes Gate Valves: Use 10" diameter x 10-1/4" round boxes, Carson industries #910- 10-4 with green bolt down cover or approved equal. Extension sleeve shall be PVC -6" minimum size. Electric Control Valves: Use 12"x18"x12" deep rectangular boxes, Carson Industries #1419-12-4 with green bolt down cover or approved equivalent. Pull Boxes: Pull boxes shall be 10" top diameter, 13" bottom diameter and 10- 1/4" deep round box with lock bolt cover. Box and box lids shall be green in color. Identification numbers shall be branded onto the box lids in 2 inch high letters and numbers as approved by the Engineer. Vehicle traffic area boxes shall be concrete with cast-iron lid designed for vehicle traffic use. N. High Voltage Wiring Electrical work shall conform to all applicable codes, ordinances and union authorities having jurisdiction. Only qualified electricians shall work with high voltage design, equipment or wiring. All work shall conform to City of Newport Beach codes and ordinances, details and specifications as determined by the Engineer. P. Irrigation Control Wiring Connections between the automatic controllers and the electric control valves shall be made with direct burial copper wire AWG -UF 600 volt with PVC Insulation. Pilot wires shall be red in color. Common wire shall be white in color. Wires for future use to pull boxes shall be striped, red and white, and bundled together in the controller cabinet with plastic zip tie. Install wire in accordance with valve manufacturer's specifications. In no case shall wire size be less than #14. Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible Where more than one wire is placed in a trench, the wiring shall be secured together with vinyl cable ties at intervals of ten (10) feet, and placed under the pipe for protection from shovels. A minimum 36" expansion curl shall be provided within three (3) feet of each wire Page 36 of 73 connection. The expansion curl shall be of sufficient length at each splice connection at each electric control valve so that in case of repairs, the valve bonnet may be brought to the surface without disconnection of the control wires. Control wires shall be laid loosely in the trench without stress or stretching of control wire conductors. All splices shall be made with Spears #DS -100 Dri-Splice Connectors with crimp sleeves and Spears #DS -300 Dri-Splice Sealant. Field splices between the automatic controller and electric control valves will not be permitted without prior approval of the Engineer. All extra valve wires and the common wire shall extend from the controller to a pull box at the farthest valve location for future or spare wires. If more than one route is available for extra wires, refer to plans for number of wires to be pulled to each location. S. Sensor Cable All data communications wire connecting flow sensors to the electronics that are buried below grade shall be enclosed within 1" PVC Schedule 40 conduit, and shall be constructed to direct burial specifications similar to Telecommunications Exchange Cable (REA PE -89). The cable shall be constructed of 20AWG or larger copper conductors twisted into pairs of varying lengths to prevent cross talk. Conductors shall be insulated with polyethylene or propylene with a suggested working voltage of 350 volts. The cable shall feature an aluminum -polyester shield and be finished with a black high-density polyethylene jacket. The cable should be equivalent to Belden No. 9883 or Anxiter E-000319DFC. It is important that all wire connections be absolutely watertight with no leakage to ground or shorting from one conductor to another. Epoxy type wire connector kits such as 3M Series 3500 Scotch-LOK connector packs or 3M Series 7000 Epoxy Wire Connector Kits shall be used. If one connector is used for both wire connections, the splices shall be staggered to prevent shorting. Install per manufacturer's specifications. T. Automatic Controller The automatic controller shall be a Rainmaster Evolution Irrigation controller and shall be connected to the City's central control system. Contact Scott Kyle and RainMaster at (949) 212-8013 for central control information and coordination. The Engineer prior to installation shall approve final location of automatic controllers. The final hook-up of the automatic controller to the 120 -volt power source shall Page 37 of 73 be the responsibility of the Contractor. The Controller shall be installed within a protective enclosure per drawings. U. Sprinkler Heads and Bubblers All sprinkler heads shall be of the size, type and deliver the same rate of precipitation with the diameter (or radius) of spray, pressure and discharge in GPM as shown on the drawings. All spray type sprinklers and bubblers shall have a screw adjustment. Riser/swing joint assemblies shall be fabricated in accordance with the irrigation construction details shown on the drawings. Riser nipples for all sprinkler heads shall be the same size as the base opening in the sprinkler body. V. Location Tape Submit a plastic warning/location tape to be used over all mainline, wires, communication cable, conduit, sleeves etc. Do not provide location tape over lateral non -pressure lines. :7-11 INA IBM *A 401119 Is] Z I A. Site Conditions All scaled dimensions are approximate. The Contractor shall check and verify all site dimensions. Exercise extreme care in excavating and working near existing utilities. Contractor shall be responsible for damage to utilities that are caused by his operations or neglect. Check existing utility drawings or call utility companies for existing utility locations. Coordinate installation of sprinkler irrigation materials, including pipe, so there shall be no interference with utilities, other construction or planting or trees, shrubs and ground covers. The Contractor shall carefully check all grades to satisfy him that he may safely proceed before starting work on the sprinkler irrigation system. Verify that the specified depths for buried materials and equipment can be maintained. Verify that landscape irrigation systems may be installed in accordance with all pertinent codes, regulations, design, reference standards and the manufacturer's recommendations. Any installation not in conformance with the above shall be removed and returned at the Contractor's expense. Page 38 of 73 Grades shall be within a tolerance of +/- 0.10 foot prior to installing irrigation systems. B. Physical Layout The irrigation lines as indicated on the drawings are diagrammatic. All piping and equipment shall be installed within the project boundaries, even if shown outside the boundaries on the drawings. Equipment or piping shown outside the boundaries on the drawings is for design clarity only. Install all piping and equipment within planting areas. Prior to installation, the Contractor shall stake out all pressure supply lines, routing and location of sprinkler heads. Install all materials and piping to avoid conflict with trees, shrubs, and all underground utility services. Contact the Engineer immediately if obstructions prevent routing as denoted on plans. Lay out irrigation heads and make any minor adjustments required due to differences between actual site conditions and the drawings. Adjustments shall be maintained within the original design intent and only after receiving approval from the Engineer. Do not exceed the maximum or minimum spacing indicated by the manufacturer. C. Water Supply Sprinkler irrigation system shall be connected to existing water supply points of connection as shown on drawings. Connections shall be made at approximate locations as shown on the drawings. Contractor is responsible for minor changes caused by actual site conditions. Connect to source line per City specifications. D. Electrical Supply An electrical connection for automatic controller shall be made to electrical points of connection as shown on the drawings. Connections shall be made at approximate locations as shown on the drawings. Contractor is responsible for minor changes caused by actual site conditions. E. Trenching Dig trenches straight to support pipe continuously on bottom of the trench. Lay pipe to an even grade. Trenching excavation shall follow layout indicated on the drawings or as noted. 1. Provide for a minimum of eighteen- (18) inches cover for all Page 39 of 73 pressure supply lines 2-1/2" and smaller. Provide 24" cover for pressure supply lines 3" and larger. 2. Provide for a minimum of twelve- (12) inches cover for all non- pressure lateral lines. 3. Provide for a minimum of eighteen- (18) inches cover for all control wiring, and telemetry cable for flow sensors. 4. Provide for a minimum of twenty-four (24) inches for all sleeving from finish grades under paving and base. F. Backfilling The trenches shall not be backfilled until all required tests are performed. Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand or other approved materials, free from large clods of earth, stones, asphalt, concrete or other construction or organic debris such as plant refuse. Backfill shall be per City Standards. Backfill will conform to adjacent grades without dips, sunken areas, humps or other surface irregularities. A fine granular material backfill will be initially placed on all lines. No foreign matter larger than one-half (1/2) inch in size will be permitted in the initial backfill. If settlement occurs and subsequent adjustments in pipe, valves, sprinkler heads, lawn or planting, or other construction are necessary, the Contractor shall make all required adjustments without cost to the City. G. Trenching and Backfill Under Paving Install all trenching under paving by jacking and boring methods as approved by the Engineer. H. Assemblies Routing of sprinkler irrigation lines as indicated on the drawings is diagrammatic. Install lines (and various assemblies), in such a manner as to conform to the details on the drawings. Install no multiple assemblies on plastic lines. Provide each assembly with its own outlet. Install all assemblies specified herein in accordance with respective detail. In the absence of detail drawings or specifications pertaining to specific items required to complete work, perform such work in accordance with the best standard practice per manufacturer's specifications. PVC pipe and fittings shall be thoroughly cleaned of dirt, dust and moisture before installation. Installation and Page 40 of 73 solvent welding methods shall be as recommended by the pipe and fitting manufacturer. On PVC to metal connections, the Contractor shall work the metal connections first. Teflon tape shall be used on male threads on all threaded PVC to PVC, and on all threaded PVC to brass pipe connections. Red lead and boiled linseed oil shall be applied to male threads on all galvanized pipe connections. Light wrench pressure is all that is required. Where threaded PVC connections are required, use threaded PVC adapters into which the pipe may be welded. Open pipe or tubing ends shall be taped closed during installation to prevent any foreign matter from entering the system. I. Line Clearance All lines shall have a minimum clearance of six (6) inches from each other and 12" from lines of other trades unless superseded by City of Newport Beach cross -connection details and codes. Parallel lines shall not be installed directly over one another. Place location tape 12" above all mainline piping, low voltage and high voltage wiring. J. Automatic Controller Install controller per manufacturer's specifications and drawings. Remote control valves shall be connected to controller in numerical sequence as shown on the drawings. Make all contacts to Rainmaster and Hydroscape upon start-up. K. High voltage wiring for Automatic Controller The Contractor shall provide 120 -volt power connection to the automatic controller. Install electrical meter per City of Newport Beach standards. All electrical work shall conform to local codes, ordinances and union authorities having jurisdiction. L. Remote Control Valves Install valves where shown on the drawings and per details. When grouped together, allow at least twelve (12) inches between valve boxes. Install each remote control valve in a separate valve box. Align boxes with adjacent paving in a neat manner, squared to the walk and each other. M. Flushing of System Page 41 of 73 After all new sprinkler pipe lines and risers are in place and connected, and all necessary diversion work has been completed, and prior to installation of sprinkler heads, the control valves shall be opened and a full head of water used to flush out the system. Sprinkler heads shall be installed only after flushing of the system has been accomplished. N. Sprinkler Heads and Bubblers Install the sprinkler heads and bubblers as designated on the drawings. Sprinkler heads and bubblers to be installed in this work shall be equivalent in all respects to those itemized on the drawings. Spacing of sprinkler heads and/or bubblers shall not exceed the maximum as indicated on the drawings. In no case shall the spacing exceed the maximum recommended by the manufacturer. O. Temporary Repairs The City reserves the right to make temporary repairs as necessary to keep the sprinkler system equipment in operating condition. The exercise of this right by the City shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified. P. Field Quality Control The Contractor shall flush clean and adjust all sprinkler heads for optimum performance and to prevent overspray onto walks, roadways and buildings as much as possible. If it is determined that adjustments in the irrigation equipment will provide proper and more adequate coverage, the Contractor shall make such adjustments prior to planting at the Contractor's cost. Adjustments may also include changes in nozzle sizes and degrees of arch as required. Lowering or raising of sprinkler heads by the Contractor shall be accomplished within five (5) days after notification by the Engineer. All sprinkler heads shall be set perpendicular to finished grade unless otherwise designated on the plan. Q. Testing of Irrigation System The Contractor shall request the presence of the Engineer at the intervals listed below in advance of any testing. The Contractor shall provide "walkie-talkies" for communication from the review Page 42 of 73 area to the controller location. The Contractor shall provide current record drawings at each review. Before testing mainlines, fill the lines with water for a period of at least 24 hours. All hydrostatic mainline testing shall be completed prior to the installation of remote control valves, quick couplers, or other valve assemblies. Test all pressure mainline pipes under hydrostatic pressure of 150 PSI and prove watertight. Testing of pressure main line piping shall occur prior to installation of electric control valves or quick coupling valves. All piping under paved areas shall be tested under hydrostatic pressure of 150 PSI and proved water tight, prior to paving. Sustain pressure in tested lines for not less than two (2) hours. If leaks develop, replace joints and repeat test until entire system is proven watertight. All hydrostatic tests shall be made in the presence of the Engineer. No pipe shall be backfilled until it has been observed, tested with all couplings exposed and all pipe sections center loaded, and approved in writing by the Engineer. The Contractor shall furnish the force pump and all other test equipment necessary for the testing of the irrigation system. The Contractor shall make all necessary provisions for thoroughly bleeding the line of air and debris. When the sprinkler irrigation system is completed, perform a coverage test in the presence of the Engineer, to determine if the water coverage for the planting areas is complete and adequate. Furnish all materials and perform all work required to correct any inadequacies of coverage due to deviation from plans, or where the system has been willfully installed as indicated on the drawings when it is obviously inadequate for field conditions. This test shall be accomplished before any groundcover or shrub material is planted. Upon completion of each phase of work, the entire system shall be tested and adjusted to meet site requirements to the satisfaction of the Engineer. R. Maintenance The entire sprinkler irrigation system shall be under full automatic operation prior to any planting. The Contractor shall keep the irrigation system completely operational for the entire length of the Construction and Landscape Establishment and Maintenance Phases of work. Page 43 of 73 S T U. Clean-up Clean up shall be made on a daily basis. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed or washed down, and any damage sustained on the work or others shall be repaired to original conditions. Final Observation Prior to Acceptance The Contractor shall operate each system in its entirety for the Engineer at the time of final observation at the end of the Maintenance Phase. Any items deemed not acceptable by the Engineer shall be reworked to the complete satisfaction of the Engineer. The Contractor shall show evidence to the Engineer that the City has received all accessories, charts, record drawings and equipment as required before the final observation can occur. Observation Schedule The Contractor shall be responsible for notifying the Engineer in advance for the following observations, according to the following time schedule. The Contractor shall be familiar with the number and type of irrigation observations necessary prior to work. Typical observations may consist of, but not be limited to the following: 1. Pre -job conference 7 days 2. Pressure supply line installation and testing 48 hours 3. Automatic controller installation 48 hours 4. Control wire installation 48 hours 5. Lateral line and sprinkler installation 48 hours 6. Coverage test 48 hours 7. Observation to begin Plant Establishment Phase 7 days 8. Observation at end of Plant Establishment Phase 7 days 9. Final observation at the end of the Maintenance Phase 7 days Page 44 of 73 In the event the Contractor calls for an observation without record drawings, without completing previously noted corrections, or without preparing the system for proper observation to the satisfaction of the Engineer, the observation may be postponed. END OF SECTION Page 45 of 73 SECTION 02900 LANDSCAPE PLANTING PART 1 - GENERAL A. Scope of Work Furnish all labor, materials, equipment, transportation, and services necessary to provide and install landscape planting as shown on the drawings and described herein. Related Work Specified In Other Sections 1. Landscape Irrigation 2. Landscape Maintenance B. Quality Assurance and Requirements Arrange procedure for inspection of plant material with Engineer prior to work. Should the Contractor desire the Engineer to inspect the plant material at the nursery prior to delivery, the Contractor shall notify the Engineer seven (7) consecutive days prior to this requested inspection. 1. Submittal of pictures shall not be considered as a final inspection of plant material. Final acceptance or rejection of plant material shall only be considered on-site with the actual plant material being observed. 2. Contractor shall provide photos of plants prior to delivery and packaging slips at time of delivery. C. Submittals Certificate of Inspection of plant material by State or Federal Authority shall be presented if requested by the Engineer. D. Product Delivery. Storage and Handling Deliver fertilizer to site in original unopened containers bearing manufacturer's guaranteed chemical analysis, name, trademark, and conformance to state law. Deliver plants with legible identification labels. Label trees, evergreens, bundles of containers of like shrubs, or groundcover plants. Use durable waterproof labels with water-resistant ink which will remain legible for at least 60 days. Protect plant material during delivery to prevent damage to root ball or Page 46 of 73 desiccation of leaves. The Contractor shall notify the Engineer forty eight (48) hours in advance of delivery of all plant materials and shall submit an itemized list of the plants. Storage 1. Store plant material in the shade and protect from the weather. 2. Maintain and protect plant material not to be planted within four (4) hours Handling 1. Do not drop plant materials. 2. Do not pick up container plant material by stems or trunks. E. Job Conditions Perform actual planting only when weather and soil conditions are suitable in accordance with locally accepted industry practice. F. Samples and Tests Soil sample analyses for the Bristol Street landscape project have been included at the end of the special provisions. Soil test locations are denoted on the contract drawings. The Engineer reserves the right to take and analyze samples of materials for conformity to specifications at any time. Rejected materials shall be immediately removed from the site at the Contractor's own expense. The cost of testing of materials not meeting specifications shall be paid by the Contractor. G. Guarantee and Replacement All plant material installed under the Contract shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for a period of one (1) year for trees, and ninety (90) days for shrubs and groundcovers from the effective date of completion of the Maintenance Phase of the project as established by the Engineer. Any plant found to be dead or in poor condition due to faulty materials or workmanship, as determined by the Engineer, shall be replaced by the Contractor at his expense. Material to be replaced within this guarantee period shall be replaced by the Contractor within seven (7) days of written notification by the Engineer. Any materials found to be dead, missing or in poor condition during the Maintenance Period shall be replaced immediately. The Engineer shall be the Page 47 of 73 sole judge as to the condition of the material. GUARANTEE FOR PLANT MATERIAL We hereby guarantee that all plant material we have furnished and installed is free from defects in materials and/or workmanship, and the work has been completed in accordance with the drawings and specifications. We agree to replace any defects in material and/or workmanship which may develop during the period of one (1) year for trees, and ninety (90) days for shrubs and groundcovers from the effective date of completion of the Maintenance Phase of the project as established by the Engineer. We also guarantee to replace any damage resulting from the defects, or the replacing of such defects at no additional cost to the City. Any plant found to be dead or in poor condition due to faulty materials and/or workmanship, as determined by the Engineer, shall be replaced by the Contractor at his expense. Material to be replaced within this guarantee period shall be replaced by the Contractor within seven (7) days of written notification by the Engineer. All repair work shall completed to the satisfaction of the Engineer. In the event of our failure to make such replacements within a reasonable time after receipt of written notice from the Engineer, we authorize the Engineer to proceed to have said repairs or replacements made at our expense. We will pay the costs and charges therefore upon demand. PROJECT: ADDRESS: LOCATION: SIGNED: ACCEPTANCE: SIGNED: PHONE: PART 2 — PRODUCTS A. Organic Material Organic Soil Amendment Suggestions: 1. Humus material shall have an acid-soluable ash content of no less than 6% and no more than 20%. Organic matter shall be at least 50% on a dry weight basis. 2. The pH of the material shall be between 6.0 and 7.5. 3. The salt content shall be less than 10 millimho/cm @ 25 degrees C. on a saturated paste extract. Page 48 of 73 4. Boron content of the saturated extract shall be less than 1.0 part per million. 5. Silicon content (acid-insoluable ash) shall be less than 50%. 6. Calcium carbonate shall not be present if to be applied on alkaline soils. 7. Types of acceptable products are composts, manures, mushroom composts, straw, alfalfa, peat mosses etc. low in salts, low in heavy metals, free from weed, straw or alfalfa seeds, free of pathogens and other deleterious materials. 8. Composted wood products are conditionally acceptable (stable humus must be present). Wood based products are not acceptable which are based on redwood or cedar. 9. Sludge -based materials are not acceptable. 10. Carbon:nitrogen ratio is less than 25:1. 11. The compost shall be aerobic without malodorous presence of decomposition products. 12. The maximum particle size shall be 0.5 inch, 80% or more shall pass a No. 4 screen for soil amending. Maximum total permissible pollutant concentrations in amendment in parts per million on a dry weight basis: Arsenic 20 Cadmium 15 Chromium 300 Cobalt 50 Copper 150 Lead 200 Mercury 10 Molybdenum 20 Nickel 100 Selenium 50 Silver 10 Vanadium 500 Zinc 300 B. Soil Amendments Yara or Simplot calcium ammonium nitrate (27-0-0) Agricultural gypsum Organic soil amendment Page 49 of 73 C« E. Top Soil Top soil as with backfill as required, shall be obtained from on-site planting excavations if at all possible. Use the more suitable deeply soils with zinc below about 15 PPM, copper below about 10 PPM and lead below about 20 PPM. Topsoil shall consist of a natural, fertile, friable, sandy loam soil possessing the characteristics of representative soils in the vicinity which produce heavy growth of crops, grasses, or other vegetation and shall be obtained from natural well drained areas. Before removal of the topsoil, the surface at the source of supply is to be stripped to a depth of two inches in order to remove weed seeds, roots, etc. Imported topsoil shall consist of either fine sand or loamy sand textured soil meeting the following specifications: Chemistry Reaction (pH) saturated paste Salinity (ECe dS/m) saturation extract Sodium adsorption ration (SAR) 4. Boron in saturation extract, ppm Texture: Particle Size Gravel Coarse sands Silt plus clay Plant Material 6.0-7.6 not to exceed 3.0 not to exceed 6.0 not to exceed 1.0 USDA Sieve Size (mm) Objective -%passing 2.0>85% 0.5>75% 05 >35% Plants shall be in conformance with the California State Department of Agriculture's regulation for nursery inspections, rules and rating. All plants shall have a normal habit of growth and shall be sound, healthy, vigorous and free of insect infestations, plant diseases, sunscalds, fresh abrasions of the bark, excessive abrasions, or other objectionable disfigurements. Tree trunks shall be sturdy and well "hardened" off. All plants shall have normally well-developed branch systems, not sparse, irregularly spaced, thin branched or having off - balanced head. All shall have vigorous and fibrous root systems that are not root or pot-bound. The root conditions of the plants furnished by the Contractor in containers will be determined by removal of earth from the roots of not less than two plants of each species or variety. Where container -grown plants are from several sources, the roots of not less than two plants of each species or variety from each source will be inspected. In case the sample plants inspected are found to be defective, the Engineer reserves the right to reject the entire lot or Page 50 of 73 lots of plants represented by the defective samples. The Engineer is the final judge of acceptability. Any plants rendered unsuitable for planting because of this inspection will be considered as samples and will be provided at the expense of the Contractor. The size of the plants will correspond with that normally expected for species and variety of commercially available nursery stock or as specified in the drawings. The minimum acceptable size of all plants, measured before pruning with the branches in normal position, shall conform to the measurements, specified on the drawings. Plants larger in container size than specified may be used with the approval of the Engineer. But the use of larger plants will make no change in Contract price. If the use of larger plants is approved, the ball of earth or spread of roots for each plant will be increased proportionately. F. Resection or substitutions All plants not conforming to the requirements herein specified, shall be considered defective and such plants, whether in place or not, shall be marked as rejected and immediately removed from the site of the work and replaced with new plants at the Contractor's expense. The plants shall be of the species, variety, size and condition specified herein or as shown on the drawings. Under no conditions will there be any substitution of plants or sizes listed on the accompanying plans, except with the expressed written consent of the Engineer. G. Pruning At no time shall trees or plant materials be pruned, trimmed or topped prior to delivery. Any alteration of their shape shall be conducted only with the approval and when in the presence of the Engineer. H. Plant Materials Plant material shall be true to botanical and common name and variety as specified in, "A Checklist of Woody Ornamental Plants in California," Manual 32, published by the University of California School of Agriculture (1963). Nursery Grown and Collected Stock Grown under climatic conditions similar to those in locality of the project. Container -grown stock in vigorous, healthy condition not root -bound or with root system hardened off. Use only liner stock plant material that is well-established in removable containers or formed homogeneous soil sections. Substitute plant material will not be permitted without specific written approval by the Engineer. Page 51 of 73 J. Mulch Cover All shrub planting areas shall receive a surface layer of nitrogen fortified shredded tree and plant material mulch. The mulch shall consist of "TV400" mulch as manufactured by Tierra Verde, Irvine, California, (800) 792-5983. Provide depth of 3" minimum over finish grade in general planting areas, and 1" depth within watering berm around plant base. Provide clear area of 6" from shrub base and 12" from tree base to reduce moisture at the plant/tree base. No earth shall be showing through mulch cover areas. Curbs, walks, or other paving shall be located 1" over the top of the mulch cover. K. Miscellaneous Materials Sand 1. Washed plaster sand or equivalent. Herbicides 1. Pre -emergent herbicide: Ronstar or equivalent 2. Post -emergent herbicide: Round -up or equivalent PART 3 — EXECUTION A. Inspection Verify that final grades have been established prior to beginning planting operations. Inspect trees, shrubs, and liner stock plant material for injury, insect infestation and trees and shrubs for improper pruning. Do not begin planting until irrigation mainline pressure test and irrigation coverage tests are accepted. B. Preparation Contractor shall remove all gravel debris from the site and install appropriate soil to the acceptance of the Engineer, prior to layout of plant material for location approval. The entire planting area shall be ripped 24 inches deep on 12 inches centers and prepared to leave a smooth raked finish prior to plant layout and digging of plant pits. Page 52 of 73 General soil preparation on a square foot basis: Broadcast the following uniformly; rates are per 1,000 square feet for a 6 -inch lift. Incorporate them homogeneously 6" deep. Yara or Simplot calcium ammonium nitrate (27-0-0) — 4 pounds for location soil test location #2. Agricultural gypsum — 40 pounds for soil test location #1 and #4, 30 pounds for soil test locations #2 and #3. Organic soil amendment — about 3 cubic yards, sufficient for 3% to 5% soil organic matter. C. Final Grades After the foregoing ripping, minor modification to grade may be required to establish the final grade. These areas shall not be worked until the moisture content has been reduced to a point where working it will not destroy soil structure. Finish grading shall insure proper drainage of the site. All areas shall be graded so that the final grades will be 2" below adjacent paved areas, sidewalks, and valve boxes. Eliminate all erosion scars. At time of planting, the top two (2) inches of all areas to be planted or seeded shall be free of stones, stumps, or other deleterious matter one (1) inch in diameter or larger, and shall be free from all wire, plaster, or similar objects that would be a hindrance to planting or maintenance. Finish grading shall be consistent and free from undulations, irregularities or depressions. Areas filled by floating loose soil into depressions shall be thoroughly watered to ensure compaction. D. Maintenance of Final Grades It shall be the responsibility of the Contractor to maintain the final grades throughout the Construction, Plant Establishment and Maintenance Phases. All erosion shall be properly repaired at the Contractor's own cost to the Engineer's satisfaction. Any slope soil run-off onto adjacent paving areas shall be cleaned regularly by the Contractor. E. Weed Control After establishment of final grades prior to any planting, the Contractor shall Page 53 of 73 irrigate thoroughly for a period of time, two to three weeks, until the weed seeds have germinated. When there is sufficient weed seed germination, the Contractor shall apply a post -emergent contact herbicide according to the directions of the manufacturer, conforming to any and all codes affecting herbicide handling and use. The Contractor shall then wait two (2) weeks to allow the herbicide to dissipate, then repeat application a second time. After waiting an additional two (2) weeks for the herbicide to dissipate, plant as indicated in the plans and specifications. F. Planting Installation Actual planting shall be performed during those periods when weather and soil conditions are suitable and in accordance with locally accepted practice, as approved by the Engineer. Only as many plants as can be planted and watered on that same day shall be distributed in a planting area. Containers shall be opened and plants shall be removed in such a manner that the ball of earth surrounding the roots is not broken. The plants shall be planted and watered as herein specified immediately after removal from the containers. Containers shall not be opened prior to placing the plants in the planting area. G. Lav -out of Maior Plantings All shrubs shall be placed on the ground in their original containers to have their locations approved by the Engineer. Once approved, the plant pits may be dug. No plant pits shall be dug until the locations are approved. Any plant not planted in the approved location shall be moved to the approved location, or a new plant shall be provided to be planted in the approved location. The Engineer has the sole discretion as to whether the original or a new plant shall be installed at the approved location. Minor adjustments to the locations may be required if so deemed by the Engineer after planting If an underground construction or utility line is encountered in the excavation of planting areas, the Contractor shall properly identify the utility line encountered, protect it in place and notify the Engineer immediately to clarify if the utility line is dangerous. Revised locations for planting may be selected by the Engineer. H. Pits and Trenches Excavation for planting shall include the stripping and stacking of all acceptable topsoil encountered within the areas to be excavated for trenches, tree holes, plant pits and planting beds. Excess soil generated from the planting holes and not used as backfill or in establishing the final grades shall be removed from the site in a manner Page 54 of 73 consistent with all local codes. Protect all areas from excessive compaction when trucking plants or other materials to the planting site 1. Shape: Dig vertical sides and flat bottom on all pits and trenches. Plant pits to be circular for canned material. 2. Size: All plant pits for trees shall be dug a minimum of two to four times the diameter and the depth of the root ball depending on surrounding soil compaction, allowing for the root crown to be a minimum of 2 inches above finish grade. Provide a "soil flare" at the bottom of the pit for the tree to be elevated above the bottom of the pit by 2 inches. I. Pre -Planting Leaching Irrigate deeply initially to help lower the chloride and sodium. Reduce the chloride to less than 150 PPM in the saturation extract for salt -sensitive plants. Lower the SAR to less than 3. Balance soil moisture with soil aeration. Irrigate hydrophobic areas slowly. Use multiple starts and soaking periods between irrigation cycles. Slightly moist soils are easier to wet than dry soils. J. Can Removal Cut cans on two sides with an acceptable can cutter. Do not injure root ball. Do not cut cans with a spade or ax. K. Planting of Plant Material Carefully remove plants without injury or damage to the root ball. After removing the plant, superficially cut edge -roots with a knife on three sides. 1. Center plant in pit or trench. 2. Face plants with fullest growth into prevailing wind, unless otherwise directed by the Engineer 3. Set plants plumb and hold rigidly in position until soil has been tamped firmly around root ball. Page 55 of 73 4. All plants which settle deeper than specified above shall be raised to the correct level. After the plant has been placed, additional backfill shall be added to the hole to cover approximately one-half of the height of the root ball. At this stage, water shall be added to the top of the partly filled hole to thoroughly saturate the root ball and adjacent soil. 5. Backfill the remainder of the hole 6. After backfilling, an earthen basin shall be constructed around plants as follows: a. Each basin shall be of a depth sufficient to hold at least two (2) inches of water b. One -gallon plants shall have a basin not less than eighteen (18") inches in diameter C. Five -gallon plants shall have a basin not less than twenty-four (24") inches in diameter. 7. Pruning shall be limited to the minimum necessary to remove injured twigs and branches and to compensate for loss of roots during transplanting, but never to exceed one-third of the branching structure. L. Shrub Backfill Remove clods, rocks, debris, foreign material 1 inch or larger in diameter: For backfill purposes, amendment rates are expressed in volume basis. Homogeneously blend the following materials into the soil prior to backfilling. Rates are expressed per cubic yard: Yara or Simplot calcium ammonium nitrate (27-0-0) -'/4 pound for soil location #2. Agricultural gypsum — 2.0 pounds for soil test location #1 and #4, 1.5 pounds for soil test locations #2 and #3. Organic soil amendment — about 15% by volume, sufficient for 3%-5% soil organic matter. M. Dispose of Excess Soil Dispose of unacceptable or unused excess soil off-site in a manner consistent with local codes. N. Clean-up Page 56 of 73 10 After all planting operations have been completed; remove all trash, excess soil, empty plant containers and rubbish from the property. All scars, ruts or other marks in the ground caused by this work shall be repaired and the ground left in a neat and orderly condition throughout the site. The Contractor shall pick up all trash resulting from this work at the end of each working day. All trash shall be removed completely from the site throughout the entire Contract length to the satisfaction of the Engineer. The Contractor shall leave the site area broom -clean and shall wash down all paved areas within the Contract area, leaving the premises in a clean condition throughout the Construction Phase to the satisfaction of the Engineer. Observation Schedule The Contractor shall be responsible for notifying the Engineer in advance for the following observations, according to the following time schedule. The Contractor shall be familiar with the number and type of planting observations necessary prior to work. Typical observations may consist of, but not be limited to the following consecutive calendar day schedule: Pre -job conference 7 days Plant material inspection 7 days Plant material layout/approval 7 days Final planted locations 7 days End of Construction punch list 7 days End of Landscape Establishment phase punch list 7 days End of Landscape Maintenance phase Punch list 7 days Final observation at the end of the Maintenance Phase 7 days In the event the Contractor calls for an observation without record drawings, without completing previously noted corrections, or without preparing the system for proper observation to the satisfaction of the Engineer, the observation may be postponed. END OF SECTION Page 57 of 73 SECTION 02970 LANDSCAPE ESTABLISHMENT AND MAINTENANCE PART 1 — GENERAL A. Scope of Work Furnish all labor, materials, transportation, and services necessary to provide landscape maintenance to the project as described herein. Related Work Specified In Other Sections Landscape Irrigation 2. Landscape Planting B. General Maintenance The length of the plant establishment period shall be sixty (60) consecutive calendar days and the maintenance period shall be thirty (30) consecutive calendar days. A punch -list walk shall be conducted at the end of the sixty (60) day plant establishment period. Maintenance of plant materials shall include, but not be limited to trimming, pruning, watering, fertilization, weed control, cultivation, pest control and clean up. The Contractor shall keep the site in a state of perpetual growth and repair. Irrigation maintenance shall include periodic operation of the system, adjustments, and minor repairs as necessary. All hardscape shall be kept clear of debris from the maintenance operations, erosion, run-off, irrigation, or wind blown debris. Clean up of hardscape and street paving as affected by this work shall be the Contractor's responsibility. Street gutters shall be included within the debris/siltation removal program. The Contractor shall provide a general clean-up operation at least once a week, in addition to the daily clean-up operation, for the purpose of removing trash or debris which may accumulate from the use of the area, wind blown debris, or other refuse. If necessary, the Contractor will be required to attend regular field visits to ensure satisfactory maintenance is provided. All personnel on the project shall be well trained, clean, neat at all times, and be conversant with these specifications. All work shall be performed in accordance with the best landscape maintenance practices and in keeping with the high aesthetic level of the facilities being Page 58 of 73 maintained. Contractor shall be responsible for removing all weeds in joints of sidewalks, curbs, and hardscape throughout the project. All landscape areas shall be patrolled weekly to check for vandalism damage, broken tree branches, rodents, insects, pests, and diseases. Water management: Water only as required to allow penetration into the soil and avoid excess run-off. Once plant material is established, water only as needed to maintain healthy plant material 2. Avoid water waste by setting controllers appropriately for the current season and weather. Views: Avoid blocking the clear view of signs and other vehicles. 2. Safety of users shall be a prime goal of maintenance especially in regard to trimming of shrubs away from curbs or at intersections where views may be blocked. Replacement: The Contractor, at his own expense, shall immediately replace all plant material that has failed during the Plant Establishment and Maintenance Phases. C. Quality Assurance Work Force: The Contractor's representative shall be experienced in landscape maintenance and shall have received an education in ornamental horticulture. The Contractor shall give his personal supervision to the work or shall have a competent foreman on the job site at all times during progress of the work. 2. The Contractor shall provide and maintain a current list of emergency telephone numbers for 24-hour emergency response. The Contractor shall initiate remedial action within two (2) hours from the time of notification. D. Start of the Landscape Establishment Phase: Page 59 of 73 The 60 -day Landscape Establishment Phase shall not start until all elements of construction, planting, and irrigation for the entire project are complete and accepted by the Engineer. The Contractor shall request an inspection to begin the Landscape Establishment Phase after all planting and related work has been completed in accordance with the Contract documents and accepted by the Engineer. If such criteria are met to the satisfaction of the Engineer, a written notification shall be issued to the Contractor from the Engineer, to establish the effective beginning date of the Landscape Establishment Phase. The Engineer has the ultimate authority in setting the beginning date for the Landscape Establishment Phase. The Engineer shall have discretion of extending the Landscape Establishment Phase until all elements are completed to the satisfaction of the Engineer. E. Start of the Landscape Maintenance Phase The 30 -day Landscape Maintenance Phase shall not start until all elements of construction, planting, and irrigation for the entire project are completed and accepted by the Engineer at the end of the Landscape Establishment Phase. The Contractor shall request an inspection to begin the Landscape Maintenance Phase after all planting and related work has been reviewed and accepted by the Engineer. If such criteria are met to the satisfaction of the Engineer, a written notification shall be issued to the Contractor from the Engineer, to establish the effective beginning date of the Landscape Maintenance Phase. The Engineer has the ultimate authority in setting the beginning date for the Landscape Establishment. The Engineer shall have discretion of extending the Landscape Maintenance Phase until all elements are completed to the satisfaction of the Engineer. F. Guarantee and Replacement All plant material installed under the Contract shall be guaranteed against any All plant material installed under the Contract shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for a period of one (1) year for trees, and ninety (90) days for shrubs and groundcovers from the effective date of completion of the Maintenance Phase of the project as established by the Engineer. Any plant found to be dead or in poor condition due to faulty materials or workmanship, as determined by the Engineer, shall be replaced by the Contractor at his expense. Material to be replaced within this guarantee period shall be replaced by the Contractor within seven (7) days of written notification by the Engineer. Any materials found to be dead, missing or in poor condition during the Maintenance Period shall be replaced immediately. The Engineer shall be the sole judge as to the condition of the material. Page 60 of 73 G. Final Project Submittals Prior to the date of the final inspection at the end of the Landscape Establishment Phase, the Contractor shall deliver a bond copy of the red -lined site "Record" drawing of the project to the Engineer. Prior to the date of final inspection at the end of the Landscape Maintenance Phase, the Contractor shall deliver to the Engineer the "Landscape and Irrigation Guarantee" as required. All other submittals as incorporated in the Irrigation and Planting Specifications shall also be completed prior to the final acceptance by the Engineer. H. Maintenance All areas shall be kept free of debris and all planted areas shall be weeded and cultivated at intervals of not more than seven (7) days. Watering, edging, trimming, fertilization, spraying and pest control, as may be required, shall be included in the maintenance period. The Contractor shall be responsible for maintaining adequate protection of the entire project area. Damaged areas caused by erosion, tire damage, pests or other damage as deemed by the Engineer shall be repaired at the Contractor's expense. All paved areas and other areas adjacent to the planting areas shall be cleaned of all debris, soil, or other materials at intervals of not more than seven (7) days. Shrub Care Watering Maintain a large enough water basin around plants in groundcover areas so that enough water can be applied to establish moisture through the major root zone. When hand -watering, use a water wand to break the water force. Use mulches to reduce evaporation and frequency of watering. Pruning Shrubs shall not be clipped in balled or boxed forms. 2. All cuts shall be made to lateral branches or buds or flush with the trunk. Stubbing will not be permitted. 3. Remove any spent blossoms or flower stalks after flowering. 4. Hedges and most plant masses shall be pruned into a mass form, not individual plant balls or boxes. Do not prune into formal shapes resembling balls, cubes, or rectangular forms. Page 61 of 73 J. Weed Control Keep basins and areas between plants free of weeds. Use recommended legally approved pre -emergent herbicides and removal by hand methods. Avoid frequent soil cultivation that destroys shall roots. Use mulches to help prevent weed seed germination. Avoid post -emergent herbicides in groundcover areas where overspray may kill young rooted cuttings. K. Insect Control Maintain a reasonable control with approved materials and methods that are legally accepted in the area. L. Disease and Pest Control The Contractor shall be responsible to control all diseases and pests during the Landscape Establishment and Maintenance Phases. All disease and pest control materials and methods shall be at the direction of a licensed pest control operator. The Engineer shall be made aware of all methods and materials to be used for disease and pest control. The Contractor shall implement the control measures exercising extreme caution in using pesticides and taking all necessary steps to ensure the safety of the public. M. Fertilization Fertilize all planting areas with the following materials. For site maintenance, apply Yara or Simplot calcium ammonium nitrate (27-0-0) at 4 pounds per 1,000 square feet about once per quarter. Do not acidify the soil. Acidity makes heavy metals more available. 2. For on-going maintenance monitor the site with periodic soil testing. Adjust the maintenance program as needed. N. Irrigation System The Contractor shall check all systems for proper operation a minimum of once a month. Lateral lines shall be flushed out after removing the last sprinkler head or two at each end of the lateral as deemed necessary. All heads are to be adjusted as necessary for 100%, head-to-head coverage. Set and program automatic controllers for seasonal water requirements. Provide moderate soil moisture. Normally irrigate deeply but not frequently. Daily application of water is not as effective as occasional deep cycles. The Contractor shall adjust his watering schedule equal to the application rate each area is capable of receiving based on topography, soil type, plant material, season, and weather. Give Engineer a key to controllers and instructions on Page 62 of 73 how to turn off the system in case of emergency. Repair all damages to the irrigation system at the Contractor's expense. Repairs shall be made within one watering cycle. All replaced equipment shall match the equipment specified on the plans and specifications. O. Final Acceptance The Contractor shall be aware that the landscape shall be in a vigorous and thriving condition prior to final acceptance. All plant material which may still be under stress from the Construction Phase shall at this time be rejected and replaced by healthy and vigorous plant material prior to final acceptance to the Engineer's satisfaction. All plant material shall have new growth trimmed neatly, and all hardscape shall be cleaned prior to final acceptance. END OF SECTION Page 63 of 73 WALLACE LABORATORIES, LLC 365 Coral Circle El Segundo, CA 90245 phone (310) 615-0116 fax (310) 640-6863 March 29, 2012 Fax 949/250-1801 Harry Kobzeff, harry@tclainc.com TCLA, Inc. 27905 Smyth Drive Valencia, CA 91533 Dear Harry, RE: Bristol South, Newport Beach Sample I Between Campus and Birch 6" — The soil has moderately high alkalinity with a pH of 7.98. Salinity is moderate at 1.05 millimho/cm. Phosphorus, potassium, boron and sulfur are low. Nitrogen and the other micronutrients are sufficient. Total available sodium is moderate. SAR (sodium adsorption ratio) is 2.5_ Sample 2 Between Birch and Off Ramp 6" — The soil has moderately high alkalinity with a pH of 7.78. Salinity is moderate at 0.89 millimho/em. Phosphorus and potassium are modest. Boron and sulfur are low. Nitrogen and the other micronutrients are sufficient. Total available sodium is moderate. SAR is 2.4. Sample 3 Between Off Ramp and Jamboree 6" — The soil has moderately high alkalinity with a pH of 7.98. Salinity is moderate at 1.69 millimho/em. Nitrogen, zinc, copper and magnesium are sufficient. Phosphorus, potassium, iron, manganese and boron are low. Sulfur is modest. Total available sodium is moderately high. SAR is 5.8. Sample 4 Between Off Ramp and Jamboree 12"— The soil has moderately high alkalinity with a pH of 7.96. Salinity is moderately at 3.38 millimho/em. Chloride is slightly high. Most of the salinity is due to soluble sodium sulfate. Nitrogen, zinc, copper and magnesium are sufficient. Phosphorus, potassium, iron, manganese and boron are low. Sulfur is modest. Total available sodium is high. SAR is 8.6. These samples contain limestone which induces iron deficiency in iron inefficient or acid -loving plants such as Lagerstroemia. Recommendations Plant establishment will not be successful in dense, compacted, crusted soil. Rip the soils at least one foot deep on 12 inch centers. For better growth, rip to 18 or 24 inches. Preparing planting pits twice as wide as the rootballs. If soil compaction is high below the depth of ripping, deep water percolation is likely to be impaired. Holes can be angered one foot wide in the base of each planting pit outside the footprint of the rootball extending into better drained soil. The depth of augering may need to be 4 to 6 feet deep. The rate of water percolation can be measured as various depths to verify sufficient Page 64 of 73 percolation. If the number of trees is low, auger holes 20 feet on center if a tree is not within 10 feet of an angered hole. Backfill the auger with amended soil. General soil preparation on a square foot basis. Broadcast the following materials uniformly. The rates are per 1,000 square feet. Incorporate them homogeneously 6 inches deep. Remove clods, rocks, debris, foreign materials large 1 inch in diameter from the top 6 inches: Potassium sulfate (0-0-50) —10 pounds Triple superphosphate (0-45-0) — 4 pounds agricultural gypsum - 20 pounds for 1 and 2, 40 pounds for 3 and 50 pounds for 4 Organic soil amendment - 3 cubic yards, sufficient for 3% to 5% soil organic matter on a dry weight basis For the preparation on a volume basis, homogeneously blend the following materials into excavated soil. Rates are expressed per cubic yard. Remove clods, rocks, debris, foreign materials large l inch in diameter: Potassium sulfate (0-0-50) —1/2 pound Triple superphosphate (0-45-0) —1/4 pound agricultural gypsum —1 pound for 1 and 2, 2 pounds for 3 and 3 pounds for 4 Organic soil amendment - 15% by volume, sufficient for 3% to 5% soil organic matter on a dry weight basis Organic soil amendment suggestions: 1. Humus material shall have an acid -soluble ash content of no less than 6% and no more than 20%. Organic matter shall be at least 50% on a dry weight basis. 2. The pH of the material shall be between 6 and 7.5. 3. The salt content shall be less than 10 millimho/cm @ 25° C. on a saturated paste extract. 4. Boron content of the saturated extract shall be less than 1.0 part per million. 5. Silicon content (acid -insoluble ash) shall be less than 50%. 6. Calcium carbonate shall not be present if to be applied on alkaline soils. 7. Types of acceptable products are composts, manures, mushroom composts, straw, alfalfa, peat mosses etc. low in salts, low in heavy metals, free from weed seeds, free of pathogens and other deleterious materials. 8. Composted wood products are conditionally acceptable [stable humus must be present]. Wood based products are not acceptable which are based on red wood or cedar. 9. Sludge -based materials are not acceptable. 10. Carbonwitrogen ratio is less than 25:1. 11. The compost shall be aerobic without malodorous presence of decomposition products. 12. The maximum particle size shall be 0.5 inch, 80% or more shall pass a No. 4 screen for soil amending. Page 65 of 73 Maximum total permissible pollutant concentrations in amendment in parts per million on a dry weight basis: arsenic 20 copper 150 selenium 50 cadmium 15 lead 200 silver 10 chromium 300 mercury 10 vanadium 500 cobalt 50 molybdenum 20 zinc 300 nickel 100 Preleach Sample 3 Between Off Ramp and Jamboree 6" and Sample 4 Between Off Ramp and Jamboree 12" before planting. Sodium disperses soil crumbs and reduces the physical soil properties. It restricts drainage. Drip irrigation is not easily uses for leaching. Temporary spray irrigation can be used to reclaim the soils before planting. Lower the SAR to less than 4. Lower salinity to less than 3 millimho/cm. The addition of gypsum will increase the salinity. Monitor the soil. Apply additional gypsum is required. Lagerstroemia is intolerant of the presence of limestone and is likely to develop iron chlorsis. Correct iron deficiency if it develops with Becker Underwood Sprint 138 Fe or other FeEDDHA chelated iron. Long-term available iron can be supplied for acid -loving plants with the use of acid pockets to prevent iron chlorosis. Blend one pound of ferrous sulfate, one pound potassium sulfate (0-0-50), one pound ammonium sulfate (21-0-0), two pounds soil sulfur into one gallon of peat moss. Place one cupful of the acid pocket mix blended with one cupful of soil near each 1 -gallon rootball -- two inches away from the rootball 12 inches deep below grade in the planting pit with two inches of unacidified soil separating the rootball from the acid mix. For larger transplants, use two cupfuls of the acid mix for five and fifteen gallons in two spots, two cupfuls of the acid mix in each of four spots for 24 - inch to 48 -inch boxes and four or more cupfuls of the acid mix for 60 -inch and larger boxed transplants in eight spots. Blend an equal volume of soil with the special acid pocket mix. Place one foot below grade in irrigated sites. Place two inches outside the rootball footprint in all cases. For site maintenance, apply ammonium sulfate (21-0-0) at 5 pounds per 1,000 square feet about once per quarter. Monitor the site with periodic soil and tissue testing. Apply gypsum as needed to balance the sodium and bicarbonate in the irrigation water. Provide moderate soil moisture. Normally irrigate deeply but not frequently. Daily application of water is not as effective as occasional deep cycles. Occasional surface irrigation may be needed. Subsurface irrigation will not move surface applied nutrients and gypsum into the soil. Evaluate salinity and sodium at the surface of the Wetting zones. Rooting is not expected to extend beyond the wetting front. Sincerely, Gam A. Wallace, Ph. D. GAW:n Page 66 of 73 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: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link Franchised Haulers List." 300-1.3.1 General Add to this section: "The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications for Public Works Construction except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items." Page 67 of 73 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words 1-1/2 inch" of the last sentence with the words "two (2) inches". 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 302-4 EMULSION -AGGREGATE SLURRY 302-4.3 Application 302-4.3.1 General Add to this section; Type I slurry shall be applied at the rate of 9.5 pounds per square yard. Type II slurry shall be applied at the rate of 13 pounds per square yard. At all intersections where the intersecting street does not receive a slurry seal, slurry seal application shall end along a projection of the edge of gutter (or curb face if no gutter exists) of the intersecting street unless otherwise directed by the Engineer." 302-4.3.2 Spreading Replace the first sentence of the second paragraph with, "Slurry seal shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. on the same day. In case of damage done by vehicles and/or pedestrians upon slurry that has not been sufficiently cured by 3:00 p.m., the Contractor shall replace all of the damaged work at the Contractor's expense and no additional compensation shall be made by the City. Upon the completion of the day's slurry, street or parking lot shall be temporary striped. Final striping shall be installed no more than ten (10) working days after placement of slurry." Page 68 of 73 Replace the first sentence of the third paragraph with, "Prior to the slurry application, the Contractor shall clean all work surfaces and remove all loose materials, vegetation, oil, and other foreign material. Additionally, all weeded locations shall be treated by an approved weed -killer before any slurry shall be applied." 302-4.3.3 Field Sampling Add this section: "Upon the Engineer's direction, the Contractor shall slurry seal test sections within the construction limits for each batch of slurry mix. The Contractor shall apply the slurry test sections as directed by the Engineer. No slurry shall be applied until the test slurry sections have been approved the Engineer. The costs of these slurry tests shall be included in the contract price paid for slurry seal and no additional compensation shall be made by the City to the Contractor. Field samples that do not meet the requirements of Table 301-4.2.2 (A) shall be re -tested. The Contractor shall be responsible for all cost associated with the re -testing." 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General Add to this section: "All cracks '/-inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1 '/2 inches of asphalt (finish course) shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302-5.4 Tack Coat Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one —tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.6 Curing Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201-1.1-2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6-7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." Page 69 of 73 SECTION 303 — CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303-5.5 Finishing 303-5.5.1 General Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303-5.5.2 Curb Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. A two (2)day notice to the Engineer is required for requests to the City to determine the location of sewer laterals and water services." 303-5.5.4 Gutter Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 307 — STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS 307-17 TRAFFIC SIGNAL CONSTRUCTION 307-17.7.3 Inductive Loop Detectors Amend this Section to include: "Traffic signal loop detectors shall be installed per Caltrans Standard Plans ES -5A and ES -513 and shall be Type E spaced ten feet apart. Front loops shall be a 6' diameter, modified Type E per the Traffic Signal Specifications Page 70 of 73 Supplemental and will be placed immediately behind the limit line/crosswalk. Loop wire shall be Type 2. Loop Sealant shall be Hot -Melt Rubberized Asphalt sealant. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days of AC pavement course placement." SECTION 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 71 of 73 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: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD -902-L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." PART 4 SECTION 400 — ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400-2 UNTREATED BASE MATERIALS 400-2.1 General 400-2.1.1 Requirements Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials." Page 72 of 73 PART 6 SECTION 600 — MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES Add the following Section 600-2 — "CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 600-2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 600-2.1 Asphalt -Rubber 600-2.1.1 General Asphalt -rubber shall be type B. 600-2.6 Asphalt -Rubber Hot Mix Gap -Graded 600-2.6.3 Rolling Asphalt -Rubber Hot Mix Gap Graded material shall be compacted at or above 290 degrees Fahrenheit. Due to this requirement, the Contractor shall maintain three large self-propelled, vibrating steel wheel rollers, in working condition, on site to facilitate the initial breakdown rolling and intermediate rolling. The third roller will act as a stand-by in case of breakdown by one of the other rollers. Rubber tire rollers are not permitted. A minimum relative compaction of 95 percent is required. For each percentile less than the required 95 percent compaction the unit price for Item No. 8, Construct 2.5 -Inch Thick Asphalt Rubber Overlay, will be reduced by 10 percent. Any areas of roadway that does not have 90 percent relative compaction shall be removed, reinstalled and properly compacted at the Contract's sole expense. 600-2.7 Asphalt -Rubber and Aggregate Membrane (ARAM) Surfacing or Interlayer Asphalt -rubber and aggregate membrane (ARAM) surfacing or interlayer shall be applied to the project." Page 73 of 73 P CITY OF _ NE W. REACH City Council Staff Report July 12, 2016 Agenda Item No. 12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Alfred Castanon, Associate Civil Engineer, acastanon@newportbeachca.gov PHONE: 949-644-3314 TITLE: Irvine Avenue Pavement and Median Rehabilitation — Award of Contract No. 5869 (15R16) ABSTRACT - Staff has received five construction bids for the Irvine Avenue Pavement and Median Rehabilitation project and is requesting City Council's approval to award the contract to All American Asphalt. RECOMMENDATION: a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class 2 Section 15301(c) (minor alterations of existing public facilities involving negligible expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment; b) Approve the project drawings and specifications; c) Upon approval of the necessary programmed project funding with the adoption of the FY16/17 Capital Improvement Budget, award Contract No. 5869 to All American Asphalt for the total bid price of $1,662,662.00, and authorize the Mayor and the City Clerk to execute the contract; and d) Establish an amount of $165,000.00 (10 percent) to cover the cost of unforeseen work not included in the original contract. 12-1 Irvine Avenue Pavement & Median Rehabilitation — Award of Contract No. 5869 (15R16) June 14, 2016 Page 2 FUNDING REQUIREMENTS: Upon approval of the FY 2016/17 Capital Improvement Program (CIP) budget, sufficient funding is available in the following accounts for the award of this contract. The following funds will be expensed: Account Description General Fund Gas Tax Neighborhood Enhancement Proposed uses are as follows: \/Pnr r)r All American Asphalt All American Asphalt GMU Geotechnical, Inc. Various DISCUSSION: Account Number Amount 01001927-980000-15R16 $ 495,662.00 12101-980000-15R16 $ 855,670.00 53601-980000-15R16 $ 500,000.00 Total: $ 1,851,332.00 Purpose Construction Contract Construction Contingency Geotechnical Services Printing & Incidentals Total: Amount $ 1,662,662.00 $ 165,000.00 $ 22,670.00 $ 1,000.00 $ 1,851,332.00 At 10 a.m. on May 11, 2016, the City Clerk opened and read the following electronic bids for this project: C 00 C Low All American Asphalt 2 Excel Paving 3 Hillcrest Contracting, Inc. 4 Sequel Contractors, Inc. 5 Kasa Construction, Inc. TOTAL BID AMOUNT $1,662,662.00 $1,759,488.60 $1,895,354.80 $1,910,198.40 $1,954,728.50 The low bid amount is 2 percent below the engineer's estimate of $1,700,000.00. The low bidder, All American Asphalt, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for the City of Newport Beach and other public agencies. Work necessary to complete this contract consists of distributing construction notices to affected businesses and residents, construction surveying, removing existing pavement, reconstructing sidewalk, curb and gutter, curb access ramps, landscape and irrigation, adjusting utility and survey facilities and overlaying Irvine Avenue with new asphalt concrete, and other incidental items of work necessary to complete the work in place. 12-2 Irvine Avenue Pavement & Median Rehabilitation — Award of Contract No. 5869 (15R16) June 14, 2016 Page 3 Pursuant to the contract specifications, the Contractor will have 240 consecutive working days to complete the work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (c) (minor alterations of existing public facilities involving negligible expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A - Location Map 12-3 IRVINE AVENUE PAVEMENT& MEDIAN REHABILITATION LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5869 1 06/14/16 12-4 GF h J 1 J E J k 3 k 4 ]1,1 -PjV F J R 1 i J I - s L` 00 1-3 r v�4 IRVINE AVENUE PAVEMENT& MEDIAN REHABILITATION LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5869 1 06/14/16 12-4 Received After Agenda Printed July 12, 2016 Item No. 12 From: City Clerk's Office Sent: Tuesday, July 12, 2016 12:38 AM To: Mulvey, Jennifer; Rieff, Kim Subject: FW: Item 12 From: Edward Chang Sent: Tuesday, July 12, 2016 12:38:09 AM (UTC -08:00) Pacific Time (US & Canada) To: City Clerk's Office Subject: Item 12 To the Council, I am a resident on Private Road and have been for the last five years. I recently read about the city's prospective plans not to beautify, as intended, a certain section of Irvine Avenue, which is just a few hundred yards from my home. I am troubled, disappointed and saddened by the fact that because this section of Irvine Avenue between Santiago and Isabella is not considered an integral or important part of the city, that the council believes unsightly wood chips or Hydro seed should be used to grade the median. All the while, the city spends unabashed on other portions of Newport in an effort to beautify it, while ignoring this major gateway to much of Dover Shores and West Newport. lust time I checked, I paid the same property tax, municipal fees, and other taxes to live in this great city regardless of whether I lived on the East or West Side. Pardon the pun, but I'm fairly certain that my dollar is just as green as those who live near Fashion Island or CDM. I am not the only resident in this area that is troubled by this recent development. Ignoring this part of the city will not be without its consequences. Respectfully, A disappointed resident of Newport Beach/Private Road Ed Chang Sent from my iPad Received After Agenda Printed July 12, 2016 Item No. 12 From: Mike Skibba <mjskibba@earthlink.net> Sent: Tuesday, July 12, 2016 9:59 AM To: City Clerk's Office Subject: Irvine Ave. center medians It is requested that you please inform Councilman Scott Peotter (as well as others) that those of us Living in "unimportant areas" that we certainly would not like having our visual areas covered in "wood chips" 1 The center medians are seen by hundreds of citizens as they travel to and from this area every day. Irvine Ave. is an entry point into the city and we feel that the appearance is very important to all of us. Please consider my comments in the discussion at tonight's council meeting. Michael J. Skibba 2218 Privaate Road Newport Beach IRVINE AVENUE PAVEMENT AND MEDIAN RECONSTRUCTION AWARD OF CONSTRUCTION CONTRACT City Council Meeting July 12, 2016 Public Works Department A Well -Engineered, Machine July 12, 2016 Item No. 12 IRVINE AVENUE —EXISTING MEDIAN LANDSCAPING 0 44,000 SF of grass o Drought watering restrictions o Median irrigation systems built in 1967, 1968 and 1974 IRVINE AVENUE TYPICAL MEDIAN PAVEMENT 0 12,000sf of existing concrete/bominite o New drought tolerant landscaping planned for most concrete areas •� Irvine Avenue Pavement and Median Rehabilitation o Complete asphalt overlay/resurfacing o Reconstruction in certain areas o Drainage, concrete curb & sidewalk, and ADA improvements o Turf median reconstruction to water friendly plantings, low colorful shrubs and rock-scapes o Entire new water efficient and flow sensing irrigation system, new water connections and sub -drain system 6� IRVINE AVENUE - PROPOSED PLANT PALETTE -GRASSES BOUTELOUA GRACILIS Blue Grama Grass - 2' high (M) BLUE DRAMA GRASS MUhIEhBFRGIA RIGENS Deer Grass - 3'-4' hgh (1) DEER GRASS CAR EX TUMUL[COLA Berkeley Sedge - 1.5' high (M) BERKLEY SEDGE SESLERIA AU TUMWLS Autumn Matz Gass - 1.5' high (M) AUTUMN MOOR GRASS IRVINE AVENUE - PROPOSED PLANT PALETTE -SHRUBS & COLOR EALLISIEMON VIMINALLS TIT ILE JOHN' Bottletrush - 3' high (M) LITTLE JOHN CALLISTEMON ©IAELLA TASMANICA'Variegata' Casa Blue Flax Lily - 3' high (M) BLUE FLAX LILY SEM CM MANN RALr'M 11elr11e - iN hi* M KLEINIA AGAVE ATTENUATA Agave - eventually to S' high (1 ) AGAVE 6� IRVINE AVENUE - PROPOSED PLANT PALETTE -COLOR HESPERALOE PARVIFLORA'BRAKELIGHTS Red Yucca - 3' high, flower to S high (VL) RED YUCCA 1, -},�, y,' i fi '�► i , rk } L WM"ft1 N i"Y%i1<'FSI�LLLM GIb1Af�Uk IHftii! • 3 t!rgn [L1 LANTANA''NEW GOW New GiMd Larew - 7-3' High ;I) NEW GOLD LANTANA ALOE RUDIKOPPE 'LITTLE GEM' Little Gem Alae - 1.5' high (L) MUHLENBERGIA CAPILLARS 'REGAL MIST' Regal Mist Muhly - 3'4 high (M) REGAL MIST MUHLY SPHAERALCEA AM0IGUA LOUIS HAMILTON Globe Mallow - Zhigh (L) CIMARRON LITTLE GEM ALOE GLOBE MALLOW Schedule if awarded: • Award: 07/12/2016 • Start construction: August 2016 • Landscaping is the first order of work • Followed by street reconstruction and paving • Completion: December 2016 r� Public Works Department A Well -Engineered Machine '9t�F�R�1 End of Presentation P0 m CITY OF z NEWPORT BEACH cl't City Council Staff Report </ FO RN June 14, 2016 Agenda Item No. 28 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Alfred Castanon, Associate Civil Engineer, acastanon@newportbeachca.gov PHONE: 949-644-3314 TITLE: Irvine Avenue Pavement and Median Rehabilitation — Award of Contract No. 5869 (15R16) ABSTRACT: Staff has received five construction bids for the Irvine Avenue Pavement and Median Rehabilitation project and is requesting City Council's approval to award the contract to All American Asphalt. RECOMMENDATION: a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class 2 Section 15301(c) (minor alterations of existing public facilities involving negligible expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment; b) Approve the project drawings and specifications; c) Upon approval of the necessary programmed project funding with the adoption of the FY16/17 Capital Improvement Budget, award Contract No. 5869 to All American Asphalt for the total bid price of $1,662,662.00, and authorize the Mayor and the City Clerk to execute the contract; and d) Establish an amount of $165,000.00 (10 percent) to cover the cost of unforeseen work not included in the original contract. 28-1 Irvine Avenue Pavement & Median Rehabilitation — Award of Contract No. 5869 (15R16) June 14, 2016 Page 2 FUNDING REQUIREMENTS: Upon approval of the FY 2016/17 Capital Improvement Program (CIP) budget, sufficient funding is available in the following accounts for the award of this contract. The following funds will be expensed: Account Description General Fund Gas Tax Neighborhood Enhancement Proposed uses are as follows: \/Pnrinr All American Asphalt All American Asphalt GMU Geotechnical, Inc. Various DISCUSSION: Account Number Amount 01001927-980000-15R16 $ 495,662.00 12101-980000-15R16 $ 855,670.00 53601-980000-15R16 $ 500,000.00 Total: $ 1,851,332.00 Purpose Construction Contract $ Construction Contingency $ Geotechnical Services $ Printing & Incidentals $ Total: $ Amount 1,662,662.00 165,000.00 22,670.00 1.000.00 1,851,332.00 At 10 a.m. on May 11, 2016, the City Clerk opened and read the following electronic bids for this project: 1119797:9C7 Low All American Asphalt 2 Excel Paving 3 Hillcrest Contracting, Inc. 4 Sequel Contractors, Inc. 5 Kasa Construction, Inc. TOTAL BID AMOUNT $1,662,662.00 $1,759,488.60 $1,895,354.80 $1,910,198.40 $1,954,728.50 The low bid amount is 2 percent below the engineer's estimate of $1,700,000.00. The low bidder, All American Asphalt, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for the City of Newport Beach and other public agencies. Work necessary to complete this contract consists of distributing construction notices to affected businesses and residents, construction surveying, removing existing pavement, reconstructing sidewalk, curb and gutter, curb access ramps, landscape and irrigation, adjusting utility and survey facilities and overlaying Irvine Avenue with new asphalt concrete, and other incidental items of work necessary to complete the work in place. 28-2 Irvine Avenue Pavement & Median Rehabilitation — Award of Contract No. 5869 (15R16) June 14, 2016 Page 3 Pursuant to the contract specifications, the Contractor will have 240 consecutive working days to complete the work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (c) (minor alterations of existing public facilities involving negligible expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A - Location Map 28-3 X40 IRVINE AVENUE PAVEMENT & MEDIAN REHABILITATION LOCATION MAP Cid. v C3 UPPER 1\ Y 4P YY r 'r-j',/\Y CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5869 1 06/14/16 28-4