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HomeMy WebLinkAboutC-5582 - Campus Drive San Joaquin Hills Road and San Miguel Drive Street OverlayCITY OF NEWPORT BEACH CITY CLERK'S OFFICE Leilani Brown, MMC July 14, 2016 All American Asphalt Attn: Robert Bradley 400 E. Sixth Street Corona, CA 92879 Subject: Campus Drive, San Joaquin Hills Road and San Miguel Drive Street Overlay — C-5582 Dear Mr. Bradley: On July 14, 2015, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on July 22, 2015. Reference No. 2015000379220. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is 7642922. Enclosed is the Faithful Performance Bond. Sincerely, L Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 . Newport Beach, California 92658-8915 Telephone: (949) 644-3005 . Fax: (949) 644-3039 e www.newportbeachca.gov Yremlum Is for contract term and is subjec To adjustment based on final contract prig Executed in 2 Counterparts EXHIBIT B **Duplicate Original** CITY OF NEWPORT BEACH BOND NO. 7642922 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ $4,650.00 being at the rate of $ 3.95 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to All American Asphalt hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of (1) Distributing construction notices to affected businesses and residents; (2) establishing traffic control for construction; (3) grinding existing pavement, reconstructing and/or overlaying roadway; (4) removing and reconstructing curb and gutter; (5) adjusting utilities and survey monument cover to grade; (6) installing truncated domes, traffic striping, pavement markings, and raised pavement markers; (7) coordinating with outside utility owners to have their utility facilities raised to grade and (8) other incidental items to be completed in work place required by the Plans and Specifications in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Fidelity and Deposit Company of Maryland 'duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Million One Hundred Seventy Seven Thousand One Hundred Seventy Seven Dollars and 00/100 ($1,177,177.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. All American Asphalt Page B-1 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond, Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 2nd day of December 12014 . 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 Signature/Title Mo -f ucrI PP.fsikCA� Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt Page B-2 ACKNOWLEDGMENT State of California County of 'Please See Attached" } ss. On 20 before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacdy(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT State of California County of }ss. AP (seal) 20 Notary Public proved to me on the basis of satisfactory evidence to be the subscribed to the within instrument and acknowledged to same in his/her/their authorized capacity(ies), and that by instrument the person(s), or the entity upon behalf of which instrument. before me, personally appeared who whose name(s) is/are me that he/she/they executed the his/her/their signatures(s) on the the person(s) acted, executed the 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 All American Asphalt (seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside REBECCA ANGELA PARKA ?moi, Commission # 2024944 Notary Public - Calitornia i Riverside County n My Comm. Expires May 17, 2017 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Wafts subscribed to the within instrument and acknowledged to me that he/she" executed the same in his/herkheir authorized capacity(ies), and that by hishlerA.14& signature(s) on the instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS myh d nd _oficJial/.s/ealw�SignX00 Place Notary Seal Above Signatiare of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Performance Bond No. 7642922 Document Date 12/2/2014 Number of Pages: Three (3) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(Les) Claimed by Signer(&) Signer's Name: Mark Luer o Individual XCorporate Officer —Title(s): President o Partner E o Limited o General o Attorney in Fact o Trustee o Other: Signers Name: o Individual o Corporate Officer — Title(s): _ o Partner ❑ o Limited o General Top of tlwrM here it Attorney in Fact o Trustee o Other: Signer is Representing: All A... -A--- A.... -.. Sianer is Top of ewe10 here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENY CIVIL CODE State of California County of Orange On 12/02/2014 before me, R. Paramo, Notary Public Date Here Insert Name and Title of the Officer Personally appeared Rebecca Haas -Bates R. PARAMO Commission #t 2035890 Notary Public - California i = Orange County M Comm. Ex fres Aug5, 2017 Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name4 is/am- subscribed to the within instrument and acknowledged to me that #:s/she/tfiep executed the same in his/her/t4sk authorized capacity", and that by His/her/their signature* on the instrument the persons, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify and OF PERJURY under the laws of the 'fomia t the foregoing paragraph rITN'\'E and correct. SS my hand nd offic' I seal. of OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Payment Bond No. 7642922 Document Date: 12/02/2014 Number of Pages: Three 3 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑r Attomey 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: V) .. . .. 10. :t• • 0ri EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint 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 sea] thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my time and affixed the corporate seals of the said Companies, this 2nd day of December 2014 ow K�.e Thomas O. McClellan, Vice President PRF7642922 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 We and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland, in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 2nd day of December , A.D. Zola ATTEST: Gs ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Assistant Secretary Vice President Gerald F. Haley Michael R Band J" euar4 _ State of Maryland County of Baltimore On this 2nd day of December A.D. 2014 , before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Michael P. Bond, Vice President and Gerald F. Haley, Assistant Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July l4, 2015 """' CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani Brown, CMC September 29, 2015 All American Asphalt Attn: Robert Bradley 400 E. Sixth Street Corona, CA 92879 Subject: Campus Drive, San Joaquin Hills Road and San Miguel Drive Street Overlay - C-5582 Dear All American Asphalt: On July 14, 2015, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on July 22, 2015, Reference No. 2015000379220. The Surety for the bond is Fidelity and Deposit Company of Maryland and the bond number is 7642922. Enclosed is the Labor & Materials Payment Bond. Sincerely, �/� Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov Bond No.7642922 Premium is included in the performance bon( EXHIBIT A Executed in: 2 Counterparts CITY OF NEWPORT BEACH `"Duplicate Original— BOND NO. 7642922 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to All American Asphalt hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of (1) Distributing construction notices to affected businesses and residents; (2) establishing traffic control for construction; (3) grinding existing pavement, reconstructing and/or overlaying roadway; (4) removing and reconstructing curb and gutter, (5) adjusting utilities and survey monument cover to grade; (6) installing truncated domes, 'traffic striping, pavement markings, and raised pavement markers; (7) coordinating with outside utility owners to have their utility facilities raised to grade and (8) other incidental items to be completed In work place required by the Plans and Specifications in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Fidelity and Deposit Company of Maryland duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Million One Hundred Seventy Seven Thousand One Hundred Seventy Seven Dollars and 00/100 ($1,177,177.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specked in this Bond, and also, in case suit is brought to enforce All American Asphalt Page A-1 the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 2nd day of December , 2014 . All American Asphalt Name of Contractor (Principal) Authorized SislnaturefTitle Marx Wer t��'res,det� 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 'Rip Authorized Agent Signature Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt Page A-2 ACKNOWLEDGMENT State of California County of **Please See Attached** 1 ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT State of California County of }ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),. and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature All American Asphalt (seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEM State of California County of Riverside On December 12, 2014 before me, Rebecca Angela Parra Notary Public Date Here meant name arM Title or the Officer personally appeared Mark Luer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in =_w REBECCA ANGELA PARKA his/heNtheir authorized capacity(ies), and that by his/her/their Commission a 2024944 signature(s) on the instrument the person(s), or the entity upon behalf Notary Public -California z of which the person(s) acted, executed the instrument. Riverside County > My Comm. Expires May 17 2017 1 certify under PENALTY OF PERJURY under the laws of the State of Califomia that the forgoing paragraph is true and correct. WITNESSmy ann/d'and official seal. Z�� Signature //�/! �dY s /Placa Nota Seal Above G-��--ry Sign 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. 7642922 Document Date 12/2/2014 Number of Pages: Three (3) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signers) Signer's Name: Mark Luer o Individual X Corporate Officer — Title(s): President ❑ Partner ❑ ❑ Limited o General ❑ Attorney in Fact ❑ Trustee o Other: Signer is Representing: Signer's Name: o Individual ❑ Corporate Officer — Title(s): _ o Partner ❑ o Limited ❑ General Top of ihumbhere ❑ Attorney in Fact ❑ Trustee ❑ Other: Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE State of California County of Orange I On 12/02/2014 before me, R. Paramo, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Rsion * O� - Commission 8 2035890 a =. Notary Public - California i z Orange County > My Comm. Expires Aug5, 2017' Place Notary Seat Above Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) Ware subscribed to the within instrument and acknowledged to me that tae/she/thee executed the same in kris/her/t#rek authorized capacity(ies), and that by ltis/her/their signaturets) on the instrument the person*, or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State ni�that the foregoing paragraph is truearmftTrect.\ my hand] and offtciol seal. Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Performance Bond No. 7642922 Document Date: 12/02/2014 Number of Pages: Three 3 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer -- Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑r Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer's Name: ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland .`s.sAdscw EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizarims, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at ameeting 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 2nd day of December 2014 , sy ouyi �e „;, tar lBAL i6i Thomas O. McClellan, Vice President PRF7642922 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 -Batas 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 2nd day of December A.D. 2014 ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND JtiAL §�a� �1 a AID Assistant Secretary Vice President Gerald F. Haley Michael P. Bond State of Maryland County of Baltimore On this 2nd day of December A.D. 2014 , before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Michael P. Bond, Vice President and Gerald F. Haley, Assistant Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 14, 2015 ... FCF:�IVV RECORDING RE,� JESTED BY AND WHEN RECORD D kifoTtJhN`;TT . /jo City Clerk City of Newport Bach 100 Civic Center thrive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder ''Ilf''Illlllllllillllilllllll�llllllll'�III��IIIIIIII'Ili ��lll!III NO FEE *$ R 0 0 0 7 7 0 1 1 2 7$ 2015000379220 8:04 am 07122(15 47 411 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 of Corona, California, as Contractor, entered into a Contract on November 25, 2014. Said Contract set forth certain improvements, as follows: Campus Drive, San Joaquin Hills Road and San Miguel Drive Street Overlay - C-5582 Work on said Contract was completed, and was found to be acceptable on July 14, 2015 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 !w/� ✓ 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. Executed on !/V , at Newport Beach, �aE PQ'4'A BY 4 Nj®� City Clerks `C! F:0 California. July 15, 2015 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: 100 Civic Center Drive Newport Beach, California 92660 949 644-3005 1 949 6443039 FAX newpor[6eachca.p,ov/cityclerk • Ocean Boulevard and Marguerite Avenue Pavement Reconstruction - Contract No. 5581 • Campus Drive, San Joaquin Hills Road and San Miguel Drive Street Overlay - Contract No. 5582 Please record the enclosed documents and return to the City Clerk's Office. Thank you. Sincerely, Leilani I. Brown, MMC City Clerk Enclosures 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, a nd A II American Asphalt of Corona, California, as Contractor, entered into a Contract on November 25, 2014. Said Contract set forth certain improvements, as follows: Campus Drive, San Joaquin Hills Road and San Miguel Drive Street Overlay - C-5582 Work on said Contract was completed, and was found to be acceptable on July 14, 2015 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. In 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. Executed on m City Clerk at Newport Beach, California. CTY OF F NEWPORT BEACH City Council Staff Report July 14, 2015 Agenda Item No. 7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov PREPARED BY: Frank Tran, Civil Engineer PHONE: (949) 644-3340 TITLE: Campus Drive, San Joaquin Hills Road and San Miguel Drive Street Pavement Overlay — Notice of Completion and Acceptance of Contract No. 5582 (CAP14-0009) ABSTRACT: On November 25, 2014, City Council awarded Contract No. 5582, Campus Drive, San Joaquin Hills Road and San Miguel Drive Street Pavement Overlay project to All American Asphalt, for a total contract cost of $1,177,177.00 plus a 10% allowance for contingencies. The required 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; 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 acceptance by the City Council. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following accounts: Account Description Account Number Amount County Contribution 7251-C2002070 $ 68,437.00 Measure M Fair Share WV Grade Adjustment SMH Grade Adjustment 7282-C2002070 7521-C2002049 7541-C2002049 $ 951,812.43 $ 10,000.00 $ 16,068.00 Total: $ 1,046,317.43 7-1 DISCUSSION: Overall Contract Cost/Time Summary Actual Awarded Final Cost at Contingency % Due to % Due to Contract Amount Completion Allowance Contract Directed Unforeseen Change Change $1,177,177.00 1 $1,046,317.43 1 10% or less 1 -11.1% 1 -12.0 0.9% Actual Time Allowed Contract Time (days) 87 0 Under (-) or Over (+) The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $1,177,177.00 Actual cost of bid items constructed: $1,035,381.04 Total change orders: $10,936.39 Final contract cost: $1,046,317.43 This asphalt pavement overlay project includes the pavement resurfacing of northbound Campus Drive from Bristol Street North to MacArthur Boulevard; San Joaquin Hills Road from Marguerite Avenue to Spyglass Hill Road; and San Miguel Drive from MacArthur Boulevard to San Joaquin Hills Road (Attachment A). The work necessary to complete this contract included grinding the existing pavement, reconstructing and/or overlaying the asphalt roadway, removing and reconstructing portions of deteriorated concrete curb and gutter, sidewalk, and adjusting utility and survey monument covers to grade. A portion of the northbound side of Campus Drive is within the County of Orange right-of-way. Staff processed a cooperative agreement with County staff in order to describe roles and responsibilities for each agency. The County will reimburse the City in the amount of $68,437.00 for actual construction costs within County right-of-way. The final construction contract cost was approximately 11 percent below the original bid amount. This was primarily attributed to the reduced amount of dig -out locations as determined by staff during the construction cold -milling operations. A summary of the project schedule is as follows: Estimated Completion Date per 2014 Baseline April 24, 2015 Schedule Project Awarded for Construction November 25, 2014 Contract Completion Date with Approved Extensions May 15, 2015 Actual Substantial Construction Completion Date May 15, 2015 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ("CEQA') pursuant to Section 15301(c). This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. 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). 7-2 ATTACHMENTS: Description Attachment A - Location Man 7-3 ATTACHMENT A /Y J Y 0 �W9Y _I - LL CAMPUS DRIVE N 11GL H59.ILL RO C`11 _— —_— SAN JOAQUIN HILLS ROAD W - e � nnaeoR aolR. SAN MIGUEL DRIVE LEGEND LOCATION MAP NTS. -1O FCT CAMPUS DRIVE, SAN JOAQUIN HILLS ROAD CITY OF NEWPORT BEACH AND SAN MIGUEL DRIVE STREET OVERLAY PUBLIC WORKS DEPARTMENT LOCATION MAP C-5582 7/14/2015 7-4 N Lo City Clerk CITY OF NEWPORT BEAC Sealed bids may be received at the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 until 10:00 AM on the 3rd day of November, 2014, at which time such bids shall be opened and read for CAMPUS DRIVE, SAN JOAQUIN HILLS ROAD AND SAN MIGUEL DRIVE STREET OVERLAY Contract No. 5582 $ 1,200,000.00 Engineer's Estimate Approved by ark Vuko'1 vic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Mouse Graphics at (949) 548-5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification required for this project. "A" For further Information, call Frank Tran, Project Manager at (949) 644-3340 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: hftp:1/www.NewportBeachCA.qo CLICK: Online Servicesl Bidding & Bid Results City of Newport Beach CAMPUS DRIVE, SAN JOAQUIN HILLS ROAD AND SAN MIGUEL DRIVE STREET OVERLAY Contract No. 5582 TABLE OF CONTENTS NOTICEINVITING BIDS......................................................................................... Cover INSTRUCTIONS TO BIDDERS.......................................................................................3 BIDDER'S BOND.............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)....................................................................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NONCOLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................................................15 ACKNOWLEDGEMENT OF ADDENDA........................................................................17 INFORMATION REQUIRED OF BIDDER... ......... ........ ....... ........ _ ................... __ ... _18 NOTICE TO SUCCESSFUL BIDDER............................................................................21 CONTRACT....................................................................................................................22 INSURANCE REQUIREMENTS ............................... ................................ ........... .A-1 LABOR AND MATERIALS PAYMENT BOND ...................................................... B-1 FAITHFUL PERFORMANCE BOND ......... ............................ ................................ C-1 PROPOSAL............................................................................................................... PR -1 SPECIAL PROVISIONS............................................................................................SPA 2 City of Newport Beach Contract No. 5582 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 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 bidders security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared With correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 3 8. In accordance with the California Labor Code (Sections 1770 of 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 of seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 41 -«C2h1D-1 3 A41 -[E - Contractors ontractor's License No. & Classification :..- }�h�gnature/T'tl l�ota�-3�drey, u ,rs7�e�d Date 11 Bid Bond No. 08591423 City of Newport Beach Bid Date; 11/03/2014 CAMPUS DRIVE, SAN JOAQUIN HILLS ROAD AND SAN MIGUEL DRIVE STREET OVERLAY Contract No. 5582 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Total Bid Amount Dollars ($ 10 % of Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of CAMPUS DRIVE, SAN JOAQUIN HILLS ROAD AND SAN MIGUEL DRIVE STREET OVERLAY, Contract No. 5582 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 falls 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 28th day of October 2014. 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 Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On October 30, 2014 before me, Donna Thorne, Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley 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/she" executed the same in DONNA THORNE his/he4their authorized capacity(ies), and that by his/hedthe4 signature(s) on the instrument the person(s), or the entity upon behalf Commission # 2067768 of which the person(s) acted, executed the instrument. Notary Public - California z Z ' Riverside County n I certify under PENALTY OF PERJURY under the laws of the State of My Comm. Expires Jun 7, 2018 California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature j4un_� Place Notary Seal Above �Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond Document Date: 10/28/14 Number of Pages: Three (3) Signer(s) Other Than Named Above: Fidelity Deposit Company of Maryland Signer's Name: Robert Bradley Signer's Name: ❑ Individual ❑ Individual x Corporate Officer — Title(s): Vice -President ❑ Corporate Officer — Title(s): ❑ Partner C! o Limited ❑ General ❑ Partner( ❑ Limited o General RIGHTTHUMBPRINT RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑ Attorney in Fact OF SIGNER Top of thumb here ❑ Trustee Top of thumb here ❑ Trustee ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: All American Asphalt ACKNOWLEDGMENT wmpvwtwwesweete.PPwtv[w[[MasllPtwwmPm Pe111wawew wewm ewmweT PmwlltP Pwvewew wvlvee[w[1 State of California County of ss. On before me, Public, personally appeared Notary proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir 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) e wPvuvry vvP•vmeeeevmeeuvteve•uPu uvev[veuuvwaevvuu[u•Puuvevveeww[wwr 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 T Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney _ CEO t CFO I COO President 1 Vice -President f Secretary I Treasurer Other: Other 7 Thumbprint of Signer Check here If no thumbprint or fingerprint is avaliable. **Please See Attached** ACKNOWLEDGMENT aa•aeeaea aeaeaueaea ua•aaaa eaa eueaeaeeeeeaasa ••uvea sa aaaeaaaeuueaa aa• eeaal State of California County of ss. On before me, Public, personally appeared Notary proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. Signature (seal) •ee aeae eeeae aeaeaaaf eJeeaYaa aeeee tlleeeaeaeeeee aaetl eeaee No ass a waeeea P aaa a eev CY Yr 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 Information: Thumbprint of Signer Check here If no thumbprint or fingerprint is available. • 'NIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE . 1189 t : t/.��t s tJs�t �¢!T .T,.. ..�..a ..��!ci,•.c�t_sw _.i..c�, .sic .sa ..� .v+d..�... .Tt.sa�•_s���t.s�Csat t.T..Tt.sat.. t_�C. c� ..� _�t�t.Te.s�•.. C.�..i State of California County of Orange On 10/28/2014 Date personally appeared before me, R. Paramo, Notary Public Rebecca Haas -Bates R. PARAMO Commission # 2035890 Z Notary Public California z Z Orange County My Comm. Expires Aug5, 2017 Place Notary Seal Above Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(o) whose name(&) is/ame subscribed to the within instrument and acknowledged to me that 44e/she/tfter executed the same in Isis/her/t#ei* authorized capacity(, and that by I is/herA4&r signatures) on the instrument the person*, or the entity upon behalf of which the persons} acted, executed the instrument. I certify u OF PERJURY under the laws of th alifornia t the foregoing paragraph r and correc . WITNESS my han an ffici sea. ature. Signature of Notary Public 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: 10/28/2014 Number of Pages: Three (3) Signer(s) Other Than Named Above: All-American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual E]Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: '+`ri.�✓.'ei.' � �ti.. •�4� •dam •ei, �/:'✓G`•; ••✓s'..i:�s�4�✓:�, '✓.C..'t/5"eii•m s z -ri 'L:�. ✓ -d 'df'd •✓ a -ri,•ai •ri ✓ -ci . 2013 NationalNotary Associationwww.NationalNotary.org i••(1-800-876-6827)90 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 THOMAS O. MCCLELLAN, 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 William SYRKIN, Rebecca IIAAS-BATES, Sergio D. BECHARA and Richard ADAIR, all of Irvine, California, EACH its time 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 15th day of January, A.D. 2013. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND op ZALN 10. � 9 IeM •� •si lot uoA4'ti s, 61, LBBB, fA � Assistant Secretary Vice President Eric D. Barnes Phomas O. McClellan State of Maryland City of Baltimore On this 15th day of January, A.D. 2013, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Assistant 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 WHEREON, I have hereunto set my hand and affixed my Official Seal the day and year first above written. , m• Constance A. Dunn, Notary Public My Commission Expires: July 14, 2015 POA -F 012-0033D EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint 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 seat thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: 'That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY ,I2 E F, I have her���ttttnto subscribed my name and affixed the corporate seals of the said Companies, thistday o �.l,C_, 11 20 __4 pp ouorin o� ,w„ Bai/r�m� � 4s Vim*$ �_ = Geoffrey Delisio, Vice President City of Newport Beach CAMPUS DRIVE SAN JOAQUIN HILLS ROAD AND SAN MIGUEL DRIVE STREET OVERLAY Contract No. 5582 DESIGNATION OF SUBCONTRACTOR{Sl 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 °io of Number Total Bid Name: SM 11'11 S o n t) t Ct r I C �fOKIC loops 2.52 Address: l � 3 � I� C;t i'e l) G J� V a<; 20 oranc,e , G1'Z`3't0-1 Phone: 71`i - q q'1 - q 55 b State License Number. (01 Li cs t B Email Address: Name: SV'PeYlC)y PGS(2MeY1} Address: S3)2 Cy PYeSS S+ 21, SiYtFtYIU + y-bl, CyFress' qo�'-00 G r Y- I r) & Phone:� -liu - qq� - Rioo o State License Number: `1-1 1o3 Q io Z� Email Address: Name: CcaSPIC(n.1 SUrV Address: b l t j C K- h o� F S S U r d e y `19 0ranc,e, G2gio8 Phone: -11 H — �p — `6 9 State License Number. L S S t1 I I Email Address V+F_ -j ree license ` tre-e FO b0 3290 # bSy O(Gb $ Oban U e • S PYv YI I Yl C� Cl 2g c„ q,1D -Il��gq 1 -0903 mcr gni Bidder u oriz,e_� ign ture/�T4tle � t's2t (e_ ,' t t2� csirte City of Newport Beach CAMPUS DRIVE, SAN JOAQUIN HILLS ROAD AND SAN MIGUEL DRIVE STREET OVERLAY Contract No. 5582 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formM Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No.1 Project Name/Number Project DescriptionYflkv�Px�2ft�S Approximate Construction Dates: From 0lulL To: oi�2bi� Agency Name Contact Person Telephone b Original Contract Amount $�,y .—Final contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO M No. 2 Project Name/Number Project Description Approximate Construction Dates: From. To: (41a�� Agency Name Contact Person Telephone (J f\b n�5 Original Contract Amount $_1; MDA Final Contract Amount $ ,'VEI5j�b%, — If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Project Description Approximate Construction Dates: From _ To: Slut 5 Agency Name Contact Persoi Original Contract Amount $24i15,mb_Final Contract Amount $5cob. If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 4 Project Name/Number Project Description `�cvC?k�1o1L1JPxrn(115 Approximate Construction Dates: From"✓dW To: Nwy Agency Name Contact Person �V4yz 1owcs Telephone- 1)I ) id-I"1—S0lq Original Contract Amount $14final Contract Amount $ ts— 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. /./D No. SS Project Name/Number Project Description 4`5Le(A LWADYllVPXVenr S Approximate Construction Dates: From )2jtio11 To: ld2iy Agency Name Contact Person 11f1OYleS 'r\R \L. Telephone (5702) Slo--Uo o3L4 Original Contract Amount $WWpI Final Contract Amount ${ptE4(g.Lal . -- 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. a„r. 11 No. 6 Project Name/Number '� � wfy- Eft)e, r vunfn�s Project Description Approximate Construction Dates: From !�Jws' To: 'ZJU11'/ Agency Name Contact Person �� � VA/ TelephoneiR)�) Original Contract Amount $ tLgU-Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 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. 12 u� prized Si an ureiTitt "2013" PAST WORK REFERENCES Department of Transportation Route 74, Contract No. 12-OL6404 3521 %, University Dr Contract Amount: $1,I34,057 Irvine CA 92612 Start: 7/2012 Contract: Dat Pham, (949) 279-8586 Completed: 5/2013 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 EI Toro Rd Laguna Hills, CA 92653 Contact: Kenneth Rosenfield, (949) 707-2650 County of Riverside Transportation 3525 14'h St Riverside, CA 92501 Contact: Trai Nguyen, (951) 961-5363 2011/12 Overlay & Slurry Seal Program Contract Amount: $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 Contract Amount: $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 "2012" PAST WORK REFERENCES City of Beverly Hills 345 Foothill Road Beverly Hills, CA 90210 Contact: Juan Martinez, (310) 285-2521 City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92628 Contact: Thomas Banks, (714) 754-5222 City of Perris 170 Wilkerson Avenue, Ste. D Perris, CA 92570 Contact: Chris Sunde, (951) 943-5604 City of Dana Point 33282 Golden Lantern Dana Point, CA 92629 Contact: Matt Sinacori, (949) 248-3574 City of Long Beach 333 W. Ocean Blvd., 10`h Floor Long Beach, CA 90802 Contact: Chuck Ramey, (562) 570-6634 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Contact: Edward Torres, (714) 647-5018 City of Fountain Valley 10200 Slater Avenue Fountain Valley, CA 92708 Contact: Alex Salazar, (714) 593-4516 2010-2011 Street Resurfacing Project Contract Amount: $2,800,000.00 Start: 6/1/2011 Completed: 4/30/2012 2010-2011 Citywide Street Rehabilitation Contract Amount: $2,778,000.00 Start: 7/1/2011 Completed: 2/29/2012 Foss Field Parking Expansion Contract Amount: $190,000.00 Start: 1/1/2012 Completed: 2/29/2012 Pacific Coast Highway & Niguel Shores Contract Amount: $676,676.00 Start: 12/1/2011 Completed: 5/30/2012 Willow Street Improvements Contract Amount: $661,661.00 Start: 12/1/2011 Completed: 6/30/2012 Bristol Street Widening Contract Amount: $8,315,754.00 Start: 5/1/2009 Completed: 3/16/2012 Edinger Avenue Improvements Contract Amount: $422,422.00 Start: 5/1/2012 Completed: 8/1/2012 City of Newport Beach CAMPUS DRIVE, SAN JOAQUIN HILLS ROAD AND SAN MIGUEL DRIVE STREET OVERLAY Contract No. 5582 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County Of1C��erS�e. ) ems— �e.l being first duly sworn, deposes and says that he-oFsl+eis �l�ce�c�stdec�� of \\ the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Bidder �� orized Signaturefi � ce` l� Subscribed and sworn to (or affirmed) before me on this_, ` ' day of DeAv, by R04r+ r+ Zr-&A" , 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] DONNATHORNE Commission # 2067768 Notary Public - California z Z Riverside CountyD My Comm. Expires Jun 7, 2018 13 Notary Public My Commission Expires: Z,-t:--oje City of Newport Beach CAMPUS DRIVE SAN JOAQUIN HILLS ROAD AND SAN MIGUEL DRIVE STREET OVERLAY Contract No. 5582 DESIGNATION OF SURETIES Bidder's name-jk\\v.��r 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): 14 City of Newport Beach CAMPUS DRIVE SAN JOAQUIN HILLS ROAD AND SAN MIGUEL DRIVE STREET OVERLAY Contract No. 5582 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL • � - ,�. Ali. � • � _�..� Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2013 2012 2011 2010 2009 Total 2014 No. of contracts �J 8 3`I S" AM— Total dollar Total Amount of Contracts (in Thousands of $) 1I.O' ti ti i No. of fatalities 2 No. of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or termination of em to ment 1 7 The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 ALL ANER1'C,4NASPffALT To whom it may concern: On May 28, 2010 All American Asphalt filed a death clalm w &4� workers' comp carrier. A brief description Is listed below. An employee working at our Pacoima asphalt plant was operating_ a scissor lift Inside the tunnel. He was raising himself to an area In the tunnel where pigeons were living. The employee was going to clear the area in order to keep these birds out of the plant. _.. While raising himself to the area, our employee suffered health problems. The employee was found pinned, between a beam in the tunnel and the control panel on the lift. He passed away upon arrival to the emergency room..— Cal OSHA enforcement as well as an investigator from the Bureau of Investigations came out. No charges were flied from the bureau.., Two minor paperwork citations were given to All American Asphalt. We appealed them and got the citations reduced to "Notice Only" with no fine. Please call me at 909-815-8404 if you have any questions. On behalf of All American Asphalt, Sincerely,, Bryan, Pease Consultant ALL AMERICANASPHALT 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 brpeasel(a)msn.com if you have any questions. Sincerely, Bryan Pease Consultant Legal Business Name of Bidder k\\ Business Address: Business Tel. No.: �s113� `1000 State Contractor's License No. and Classification: Title 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 biddedr Date Title Signature of bidder Date Title' Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. if bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate sea[, 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 ATTACHED] lip CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On October 30, 2014 before me, Donna Thorne, Notary Public, Date Here Insert name and Title of the Officer personally appeared Mark Luer and Robert Bradley Name(s) of Signer(s) DONNA THORNE Commission # 2067768 Z .-m Notary Public - California z Z ' Riverside County D My Comm. Expires Jun 7, 2018 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS m//aay hand and official seal. �/" Signature -ril" `d',yifi (//lK l Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Proposal — Legal Business Name of Bidder Document Date: 10/30/2014 Number of Pages: One Signer(s) Other Than Named Above: Michael Farkas Signer's Name: Mark Luer ❑ Individual .,/Corporate Officer — Title(s): President ❑ Partner I o Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: Signer's Name: Robert Bradley ❑ Individual Corporate Officer — Title(s): Vice -President ❑ Partner I-; ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On October 30, 2014 before me, Donna Thorne, Notary Public Date Here Insert name and Title of the Officer personally appeared Michael Farkas Name(s) of Signer(s) DONNA TH0RNE Commission # 2067768 Z `'A Notary Public - California Z Z '' Riverside County My Comm. Expires Jun 7, 2018 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/#er/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature _ Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Proposal — Legal Business Name of Bidder Document Date: 10/30/14 Number of Pages: One (1) Signer(s) Other Than Named Above: Mark Luer and Robert Bradley Signer's Name: Michael Farkas ❑ Individual x Corporate Officer — Title(s): Secretary ❑ Partner I ❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact OFSIGNEIR ❑ Trustee Top of thumb here ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner C ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: City of Newport Beach CAMPUS DRIVE SAN JOAQUIN HILLS ROAD AND SAN MIGUEL DRIVE STREET OVERLAY Contract No. 5582 ACKNOWLEDGEMENT OF ADDENDA Bidder's name �� .y�ea �Cm�P6nLYA& The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature WA City of Newport Beach CAMPUS DRIVE SAN JOAQUIN HILLS ROAD AND SAN MIGUEL DRIVE STREET OVERLAY Contract No. 5582 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: P�� NmTM n �� Business Address Telephone and Fa California State Contractor's License No. and Class: IlWblt A , c; l2 (REQUIRED AT TIME OF AWARD) Original Date Issued: 0 1 Expiration Date: 4J41*1\-P List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Corporation organized under the laws of the State of 4a�1 in 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: S7 j / A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Ni Briefly summarize the parties' claims and defenses; /'J I . Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No WO Are any claims or actions unresolved or outstanding? Yes / CD If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. 1.111161761-11111111111 (Print name of Owner or President of Corporation/Company),� re/Title Title 1 l Date On VC10MY 301 'CUI before me, 0 V)V)61 l YIUy MIL- Notary Public, personally appeared ry-)a r LLL(' n,nA who proved to me on the basis of satisfactory evidence to be the person(s) whose nnb s) jeare subscribed to the within instrument and acknowledged to me that *efshe/they executed the same in 4WheHtheir authorized capacity(ies), and that by his hef=/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and for said State My Commission Expires: (SEAL) DONNA THORNE YrCommission # 2067768 z ;.m Notary Public - California z Z ' Riverside County My Comm. Expires Jun 7, 2018 loR City of Newport Beach CAMPUS DRIVE SAN JOAQUIN HILLS ROAD AND SAN MiGUEL DRIVE STREET OVERLAY Contract No. 5582 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 Certificates) 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 CAMPUS DRIVE SAN JOAQUIN HILLS ROAD AND SAN MIGUEL DRIVE STREET OVERLAY CONTRACT NO. 5582 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 25th day of November, 2014 ("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 (1) Distributing construction notices to affected businesses and residents; (2) establishing traffic control for construction; (3) grinding existing pavement, reconstructing and/or overlaying roadway; (4) removing and reconstructing curb and gutter; (5) adjusting utilities and survey monument cover to grade; (6) installing truncated domes, traffic striping, pavement markings, and raised pavement markers; (7) coordinating with outside utility owners to have their utility facilities raised to grade and (8) other incidental items to be completed in work place required by the Plans and Specifications (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 5582, 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 One Hundred Seventy Seven Thousand One Hundred Seventy Seven Dollars and 00/100 ($1,177,177.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Jerry LeBouef to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. All American Asphalt Page 2 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: Robert Bradley, Vice President All American Asphalt 400 E. Sixth Street Corona, CA 92879 City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil 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 All American Asphalt Page 3 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. �)lY�7�I71JLe� 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. Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 11. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the 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 All American Asphalt Page 4 Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or All American Asphalt Page 5 death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. All American Asphalt Page 6 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 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 All American Asphalt Page 7 Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee All American Asphalt Page 8 or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, 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 parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATT RN Y'S OFFICE Date: By: Aaron C. Harp cAm ult&114 City Attorney ATTEST: Date: 1g, m By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: S • 1 By: Rush N. Hill, II Mayor CONTRACTOR: All American Asphalt, a California or, ratio n Date: � By: Mark Luer President Date: T \ By: Michael Farkas Secretary 4=;[END OF SIGNATURES] Attachments: 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 personally appeared Mark Luer and Michael Farkas who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisAheF/their authorized capacity(ies), and that by hisdhef/their REBECCA ANGELA PARRA 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 Notary Public -California Z z�•r.�.. �� 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. WITNESSmy n and official al. Signature Place Notary Seal Above Signal 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 Contract Document Date: _12/12/2014_ Number of Pages: Ten (10) Signer(s) Other Than Named Above: City of Newport Beach Capacity(ies) Claimed by Signer(s) Signer's Name: Mark Luer ❑ Individual ❑ Corporate Officer — Title(s): President ❑ Partner f; ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thurr ❑ Other: Signer is Representing: Signer's Name: Michael Farkas ❑ Individual ❑ Corporate Officer — Title(s): Secretary ❑ Partner F ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: Bond No. 7642922 Premium is included in the performance bon( EXHIBIT A Executed in: 2 Counterparts CITY OF NEWPORT BEACH "Duplicate Original*' BOND NO. 7642922 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to All American Asphalt hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of (1) Distributing construction notices to affected businesses and residents; (2) establishing traffic control for construction; (3) grinding existing pavement, reconstructing and/or overlaying roadway; (4) removing and reconstructing curb and gutter; (5) adjusting utilities and survey monument cover to grade; (6) installing truncated domes, traffic striping, pavement markings, and raised pavement markers; (7) coordinating with outside utility owners to have their utility facilities raised to grade and (8) other incidental items to be completed in work place required by the Plans and Specifications in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Fidelity and Deposit _Company of Maryland duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Million One Hundred Seventy Seven Thousand One Hundred Seventy Seven Dollars and 00/100 ($1,177,177.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce All American Asphalt Page A-1 the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 2nd day of December '2014 . 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 VkairK LU6r t Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt Page A-2 State of California County of ""Please See Attached" Ce , ACKNOWLEDGMENT S& 20 Notary Public, proved to me on the basis of satisfactory evidence to be the person(s) subscribed to the within instrument and acknowledged to me that he/s same in his/her/their authorized capacity(ies), and that by his/her/their instrument the person(s), or the entity upon behalf of which the person(s) instrument, before me, personally appeared who whose name(s) is/are he/they executed the signatures(s) on the acted, executed the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT State of California County of ) ss. ME (seal) 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature All American Asphalt (seal) CALIFORNIA �.,{v"'`uvllldri}r, xt4:, l,.el al ?x, 1U�Jw r,ir,<. as tt rktc. )di .ia4.,t State of California County of Riverside On December 12 2014 before me, Rebecca Angela Parra, Notary Public Date Here Insert name and Title of the Officer personally appeared Mark Luer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/stiekhey executed the same in REBECCA ANGELA PARKA his/kerkheir authorized capacity(ies), and that by his/heNthek f A' Commission # 2024944 signature(s) on the instrument the person(s), or the entity upon behalf of z of which the person(s) acted, executed the instrument. Z � ;� Notary Public -California z Z F''" Riverside County My Comm. Expires May 7 7, 2077 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hanq and official seal. JCf>7 ,�j�q Place Notary Seal Above Signature as,gnatu a 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. 7642922 Document Date 12(2/2014 Number of Pages: Three (3) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland d Capacity(ies) Claimed by Signer(s) Signer's Name: Mark Luer o Individual X Corporate Officer —Title(&): President o Partner El o Limited o General o Attorney in Fact in Trustee Top of thumb here o Other: Signer's Name: o Individual o Corporate Officer — Title(s): _ ❑ Partner P o Limited o General o Attorney in Fact o Trustee o Other: Signer is Representing: All American Acnhalt Signer is Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 11189 o.:...ncfc�✓a<-!a :�t.ac.a¢!.< <r�x n¢.ae.ax.w<.�e.�..¢.a¢.�.c.:�c.a<.�c.��.c�c!-a<.a.^.:wcica«a<.r.�¢.r.\<..wa: s�<.t¢�E.cr;��.a<...¢. State of California County of Orange On 12/02/2014 Date before me, R. Paramo, Notary Public Here Insert Name and Title of the Officer personally appeared Rebecca Ft PARAMO <'� Commission # 2035890 a :1=a `� Notary Public - California z z Orange County n Mx Comm. Ex fres Aug5, 2017 Place Notary Seal Above Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/are subscribed to the within instrument and acknowledged to me that 4e/she/t4tey executed the same in pia/her/#ielr authorized capacity0ee), and that by h s/her/#4w signatures) on the instrument the person*, or the entity upon behalf of which the person(e} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of-Galifornithat the foregoing paragraph is true -and cottsct. my hanc) and official seal. Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document:Performance Bond No. 7642922 Document Date: 12/02/2014 Number of Pages: Three 3) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): 0 Partner — O Limited ❑ General ❑ Individual DAttorney in Fact 0 Trustee ❑ Guardian or Conservator Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited U General 0 Individual ❑ Attorney in Fact O Trustee ❑ Guardian or Conservator G Other: Signer is Representing: :`..�, �, eie'va�.. ✓ oal 2�<t.±{'riU vti :' ate. ✓,aC: ��:�e-+i ✓a',v rn': yR= ti.A'✓, v'ti�, v.C: a'� 0 1 • • • • • ,• ••• :11 • :11 ..: •1 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President 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 501 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 I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my time and affixed the corporate seals of the said Companies, this 2nd day of December 2014 . OTP: trw 8B6L Thomas O. McClellan, Vice President Premium is for contract tern and is subjec To adjustment based on final contract pnc, Executed in 2 Counterparts EXHIBIT B **Duplicate Original** CITY OF NEWPORT BEACH BOND NO. 7642922 The premium charges on this Bond is $ $4,650.00 being at the rate of $ 3.95 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to All American Asphalt hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of (1) Distributing construction notices to affected businesses and residents; (2) establishing traffic control for construction; (3) grinding existing pavement, reconstructing and/or overlaying roadway; (4) removing and reconstructing curb and gutter; (5) adjusting utilities and surrey monument cover to grade; (6) installing truncated domes, traffic striping, pavement markings, and raised pavement markers; (7) coordinating with outside utility owners to have their utility facilities raised to grade and (8) other incidental items to be completed in work place required by the Plans and Specifications in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Fidelity and Deposit Company of Maryland 'duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Million One Hundred Seventy Seven Thousand One Hundred Seventy Seven Dollars and 00/100 ($1,177,177.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. All American Asphalt Page B-1 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 2nd day of December 2014 . All American Asphalt Name of Contractor (Principal) AuthorizedSignature/Title Mor KLxe r[siAcAk 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 Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt Page B-2 ACKNOWLEDGMENT State of California County of `Please See Attached" } ss. On 20 before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT State of California County of ) ss. (seal) On 20 before me, Notary Public, personally appeared . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) All American Asphalt CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside on December 12, 2014 before me, Rebecca Angela Parra, Notary Public Data Here Inson name and Title of the Officer personally appeared Mark Luer Name(s) of Signet's) REBECCA ANGELA PARRA ;i Commission # 2024944 Notary Public - California z Riverside County > My Comm. Expires May 17, 2017 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/he4their authorized capacity(ies), and that by his/4erA4& 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 hand and official seal Signature /CeZ� j�e Place Notary Seal Above Signatr of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Performance Bond No. 7642922 Document Date 12/2/2014 Number of Pages: Three (3) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(tes) Claimed by Signer(s) Signers Name: Mark Luer o Individual X Corporate Officer— Title(s): President o Partner E o Limited o General o Attorney in Fact o Trustee o Other: Signer's Name: o Individual • Corporate Officer—Title(s): _ ❑ Partner ❑ o Limited o General Top of thumbhere o Attorney in Fact • Trustee o Other: Signer is Representing: All American Asohalt Signer is Representing: Top of thumb here CALIFORNIA ALL-PURPOSE CIVIL . ACKNOWLEDGMENT . State of California County of Orange On 12/02/2014 before me, R. Paramo, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates R. PARAMO Commission # 2035890 Z ,-m Notary Public - California z Z Orange county My Comm. Expires Aug 5. 2017 Place Notary Seal Above 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 #e/she/ttreiy executed the same in his/her/ 494 authorized capacity(tes), and that by his/her/44eir signatures) on the instrument the persons, or the entity upon behalf of which the person(e) acted, executed the instrument. I certify under_RENALTY OF PERJURY under the laws of t�State of-Ga'for la t the foregoing paragraph true and correct. WITNESS my hand nd offic I seal. 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: Payment Bond No. 7642922 Document Date: 12/02/2014 Number of Pages: Three (3) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): 1:1 Partner — ❑ Limited ❑ General ❑ Individual E]Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer's Name: ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland tl(�G'v, vGL%G✓ -YG��� 'YGiViL.G�Y `YG`.4�.G`.GL. ntS �. <\:l'YG"v `.O<�Gty 'vG'vG`:" .S\v� v4�•: 4i✓Gli�+�✓GGY/.VGL/'v.'vy�N \ EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 2nd day of December 2014 . OMPF,-G. fA 66A4 Thomas 0. McClellan, Vice President EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an All American Asphalt insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed All American Asphalt 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 normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self-insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self - insure its obligations to City. If Contractor's existing coverage includes a All American Asphalt 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. 1. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from 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. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. All American Asphalt CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 12/16/14 Dept./Contact Received From: Raymund Date Completed: 12/16/14 Sent to: Raymund By: Chris Company/Person required to have certificate: All American Asphalt Type of contract: All Others GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 8/1/14-8/1/15 A. INSURANCE COMPANY: Arch Specialty Ins Co B. AM BEST RATING (A-: VII or greater): A+:IX 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? 1. 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: II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 8/1/14-8/1/15 ❑ Yes N No 1,000,000/2,000,000 N Yes ❑ No N Yes ❑ No N Yes ❑ No N Yes ❑ No N Yes ❑ No ❑ Yes N No N N/A ❑ Yes ❑ No ❑ N/A N Yes ❑ No 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? N 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 I Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): N N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 8/1/14-8/1/15 A. INSURANCE COMPANY: Zurich American Insurance Company B. AM BEST RATING (A-: VII or greater): A+:XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK Approved: aAk Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 12/16/14 Date ® N/A ❑ Yes ❑ No ® NIA ❑ Yes ❑ No ® N/A ❑ Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: RM approval needed for non -admitted status of general liability carrier. Approved by Sheri 12-23-13. Sheri approves elimination of builders risk requirement. 12-23-13 Approved: Risk Management Date * Subject to the terms of the contract. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CONTRACT NO. 5582 To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: WEA 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. 5582 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: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization and Demobilization *r Y" i1hree rnovsc nd @ seventy ThYeDollars and zero Cents D-7 — Lump Sum 2. Lump Sum Traffic Control forty stven �hovsGnd @Seven hvndreci Dollars fiwenN 5C'Afir `Lf, Y() Cents s Lump Sum 3. Lump Sum Surveying Services @_SfVfn _tr)QUSGr)6ollars and It V-0 Cents s Aj 000 •— Lump Sum PR2of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9 500 LF Remove and Reconstruct Type "A" PCC Curb and Gutter @ S l Xt`I thrt e Dollars and -Lero Cents Per Linear Foot $ �3- $_3 00- 45 LF Remove and Reconstruct Type "B" PGG Curb @ Sl icN VhVta Dollars and -7_e )FO Cents $ O3 `®' $ Per Linear Foot 100 LF Remove and Reconstruct Type "C" PCC Curb and Gutter @_.Sl) iN rhYee Dollars and Tt rc7 Cents $ k03— $ (.o300 Per Linear Foot 7. 65 LF Remove and Reconstruct 4 -in Thick, 12 -in Wide PCC Landscape Maintenance Strip @____ Fl eft to Dollars and 2 t ro Cents $ is— $ 9-15 Per Linear Foot 8. 700 SF Remove and Construct 4 -in Thick Stamped Concrete Median Paving 4 @ f 1 f y-ct Y1 Dollars and _Lf- Yo Cents $ i S $ i 0 s00 Per Square Foot 11 EA Prune Tree Root One thvvsan d @ hW n� n d Yeti Dollars and ZeYO Cents Per Each PR3of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 380 LF Install Root Barrier Dollars and ZeYQ Cents $ 1D - $;>�- Per Linear Foot 11. 36,000 SF Complete Variable Thickness Cold -milling Existing Asphalt Pavement 13. 14. @ Dollars and e 16h t -e t o Cents $X6 $ bH160- Per Square Foot 370,000 SF Complete 2" Cold -milling Existing Asphalt Pavement @ -Lc Y4 Dollars and �I�hteen Cents $ 3 $ (0(01000 -- Per Square Foot 53,000 SF Complete 4" Cold -milling Existing Asphalt Pavement @ aero Dollars and ftGV)tf -fr) Cents $ - 13 $ 9c,5H O - Per Square Foot 740 TON Construct 2" Thick Leveling Course AC Type III -B2 -PG 64-10 @One hkindted fWbollars and Zf'YO Cents $ Per Ton 15. 8,800 TON Construct 2" Thick Finish Course AC Type ARHM GG (0)_ ! th(fCDollars and -Le YD Cents $ -7 3 Per Ton $ PR4of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 17 EA Adjust Manhole Frame and Cover to Grade per STD -111-L six hv'ndred @ Dollars and -L Y0 Cents $ (013- $ _ j 0 5 0b Per Each 17. 17 EA Remove and Replace with New Water Valve Box and Cover to Grade per STD -511-L @SSUr byndrP<fDoliars and -Lt r_0 Cents $ LI on - $ icy 6 00 Per Each 18. 7 EA Remove and Replace with New Survey Monument Box and Cover to Grade S fx hv'ncired @ e t th to t Yl Dollars and Ze Y Cents $ io 1 $ 2tv Per Each 19. 8 EA Remove and Replace with New Traffic Signal Pullbox @.S i X iw)'n d red Dollars and _Lt ro Cents $ b00 — $ 800 - Per Each 20. 135 EA Remove and Replace Traffic Signal Detector Loop two hundred @ f-orty Dollars and Z to YO Cents $ "% — $ — Per Each 21. 7 EA Remove, Store and Reinstall Existing Sign on New Post one hvnctred @ Fw P Dollars and ZE 1'0 Cents $ 1 0 1� $ -1 5 Per Each PR5of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 3 EA Install Raised Truncated Domes and Grind Ramp Lip at Existing Access Ramp @ hyJ? YlQ nYed Dollars and -7 PYO Cents $ 15 00 $ (SO�- Per Each 23 7,300 SF Remove and Reconstruct 4 -in Thick PCC Sidewalk @ not Dollars and -7_ -C r O Cents $ $ 51OCA— U5100— Per Per Square Foot 24. 10 EA Remove and Reconstruct PCC Curb Access Ramp three rho\) -D nd @_m c) b- j dre`{ Dollars and -Le 1'0 Cents $ 3100— $ 3'1000— Per Each 25. 240 SF Remove and Reconstruct 6 -in Thick PGC Driveway Approach @ Rw r 1 lefn n Dollars and Ze r U Cents $ 60 - Per Square Foot 26. Lump Sum Install Signs, Striping and Pavement Markings Po ry Tw 0 @hc,USens�c9 __Dollars and _L it k_0 Cents $ OCA Per Lump Sum 27. 2,800 LF Remove Red Curb Marking Izb @ r Dollars 11900— and tWflY)t'( fl'Ve Cents 5 L4.25 $ -4-4Z5' V-f� Per Linear Foot -- ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 28. Lump Sum Provide As Built Drawings @ 3,000 Dollars and ZcY© Cents $ 3,000.00 Per Lump Sum City is considering using conventional asphalt concrete in lieu of rubberized asphalt concrete. The following bid item may be utilized in place of Bid Item No. 15 in the above bid schedule. However, the lower bidder will be selected based on the bid items 1-28 as listed above. The City reserves the right to use either conventional or rubberized asphalt concrete. ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE COMPARATIVE BID ITEM No. 15: 15A. 8,800 TON Construct 2" Thick Finish Course AC Type 111 -C3 -PG 64-10 @ S e V P n t -y Dollars and Cents Per Ton TOTAL PRICE IN WRITTEN WORDS Mcj1 )Sor)d one hvndre and l_eV-0 Cents tC dl 4 Date ��aim tdder's Telephone and Fax Numbers Bidder's License No(s). and Classification(s) Bidder's email address: leve SeVer� Total Price (Figures) Bidder's Address i:Wsers\pbvlsharedtcontracts\fy1415 current projeclsX200 - streets and drainagelc-5582 - campus dr san joaquin hills rd and san mtguel arterial overlay capt4-00Wproposal c-5582.doc PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CAMPUS DRIVE SAN JOAQUIN HILLS ROAD AND SAN MIGUEL DRIVE STREET OVERLAY CONTRACT NO. 5582 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 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 2 2 3 3 3 3 3 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 4 6-7.4 Working Hours 5 6-9 LIQUIDATED DAMAGES 5 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 5 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 5 7-1.2 Temporary Utility Services 5 7-5 PERMIT 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 6 7-8.6 Water Pollution Control 7 7-8.6.2 Best Management Practices (BMPs) 7 7-8.7.2 Steel Plates 7 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 10 7-15 CONTRACTOR'S LICENSES 10 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 10 SECTION 9 - MEASUREMENT AND PAYMENT 11 9-3 PAYMENT 11 9-3.1 General 21 PART 2 CONSTRUCTION MATERIALS 15 SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS 15 201-1 PORTLAND CEMENT CONCRETE 15 201-1.1.2 Concrete Specified by Class 15 201-2 REINFORCEMENT FOR CONCRETE 15 201-2.2.1 Reinforcing Steel 15 203-6 ASPHALTCONCRETE 15 203-6.4 Asphalt Concrete Mixtures 15 203-6-4.3 Composition of Grading 15 SECTION 214 -- PAVEMENT MARKERS 16 PART3 16 CONSTRUCTION METHODS 16 SECTION 300 ---EARTHWORK 16 300-1 CLEARING AND GRUBBING 16 300-1.3 Removal and Disposal of Materials 16 300-1.3.1 General 16 300-1.3.2 Requirements 17 300-1.5 Solid Waste Diversion 17 SECTION 302 --ROADWAY SURFACING 17 302-1 COLD MILLING OF EXISTING PAVEMENT. 17 302-1.1 General. 17 302-5 ASPHALT CONCRETE PAVEMENT 17 302-5.1 Genera[ 17 302-5.4 Tack Coat 18 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 18 302-6.6 Curing 18 SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 18 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 18 303-5.1 Requirements 18 303-5.1.1 General 18 303-5.5 Finishing 19 303-5.5.1 General 19 303-5.5.2 Curb 19 303-5.5.4 Gutter 19 SECTION 307 --- STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS 19 307-17 TRAFFIC SIGNAL CONSTRUCTION 19 307-17.7.3 Inductive Loop Detectors 20 SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION 20 308-1 General 20 SECTION 310 --- PAINTING 22 310-5 PAINTING VARIOUS SURFACES 22 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 22 310-5.6.6 Preparation of Existing Surfaces 22 310-5.6.7 Layout, Alignment, and Spotting 22 310.5.6.8 Application of Paint 22 "310-5.6.11 Pavement Markers 23 SECTION 312 --PAVEMENT MARKER PLACEMENT AND REMOVAL 23 312-1 PLACEMENT 23 17T.Tjfl 23 SECTION 600 --MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 23 600-2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 23 600-2.1 Asphalt -Rubber 23 600-2.1.1 General 23 600-2.6 Asphalt -Rubber Hot Mix Gap -Graded 24 600-2.6.3 Rolling 24 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SP 1 OF 24 CAMPUS DRIVE SAN JOAQUIN HILLS ROAD AND SAN MIGUEL DRIVE STREET OVERLAY CONTRACT NO. 5582 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing Nos. R -6042-S); (3) the City's (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works 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 Add to this section, "The work necessary for the completion of this contract consists of (1) Distributing construction notices to affected businesses and residents; (2) establishing traffic control for construction; (3) grinding existing pavement, reconstructing and/or overlaying roadway; (4) removing and reconstructing curb and gutter; (6) adjusting utilities and survey monument cover to grade; (6) installing truncated domes, traffic striping, pavement markings, and raised pavement markers; (7) coordinating with outside utility owners to have their utility facilities raised to grade and (8) other incidental items to be completed in work place required by the Plans and Specifications." SP2OF24 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 Inspector 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." SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Replace this section with the following: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added for compensation for bonding. (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 SP3OF24 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 3d paragraph: 'Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 5-2 PROTECTION Add the following: "in the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." Add Section 5-7 ADJUSTMENT TO GRADE 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." SP4OF24 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 wilt 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 75 consecutive working days after the date on the Notice to Proceed. Refer to Section 7-10.3 for specific working day requirement for San Joaquin Hills Road. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-7.2 Working Days Revise 3) to read: "any City holiday, defined as January 1" (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 e, 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 25t' (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 SP5OF24 Saturday, the Friday before will be considered the holiday. In addition, December 26 — 30, 2014 shall be 'No Working' days" Add the following Section 6-7.4 Working Hours 6-7.4 Working Hours Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations:' SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 7-1.2 Temporary Utility Services Add to the end of this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender a $1,073.21 meter deposit with the City. Upon return of the meter to the City, the deposit will be charge for meter use, a charge for water the meter. SP6OF24 returned to the Contractor, less a $90 monthly usage and any repair charges for damage to 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 Contractorthe 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." Add to the end of this section: "The Contractor shall obtain and pay for all costs incurred for the required permits with the City of Irvine and the County of Orange for work on Campus Drive." 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 day 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." 7-8 WORK SITE MAINTENANCE Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 Storage of Equipment and Materials in Public Streets Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. it is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its SP7OF24 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. I. All BMP's in place shall be removed with a 20% chance of rain by the Contractor. j. Once the project is completed, all catch basins with BMP's shall be inspected for errant sand bags & construction debris and removed by the Contractor. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code." 7.8.7.2 Steel Plates "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." SP8OF24 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." 7-10.3 Street Closures, Detours and Barricades Add to this section: "The Contractor shall submit to the Engineer at least five working days prior to the pre -construction meeting, a traffic control plan showing typical closures and detour plans. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Typical closures shall also conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (WATCH), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. 5. At a minimum, the Contractor shall maintain one lane of traffic open to vehicles at all times. 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 SP9OF24 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. .9. Contractor shall provide a minimum of 2 changeable message boards (CMB) per work area. Each CMB shall be established one week prior to scheduled construction activities. 10. For work on San Joaquin Hills Road, cold -milling operation shall start after 8:OOAM and end before 2:30PM on all working days. Paving operation shall be completed only on weekends. 7-10.4 Safety 7-10.4.1 Safety Orders Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractors 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. SP 16 OF 24 The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Add the following Section 7-10.6 Notice to Residents 7-10.6 Notices to Residents 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 Sections: 7-15 CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. 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. SP 11 OF 24 The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material." SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: 'The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA Markings and providing any required documentation as noted in these Special Provisions, Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, establishing changeable message boards, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans and/or detour plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards and changeable message signs, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials' necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Surveying Services: Work under this item shall include establishing survey controls, all horizontal alignments, restoring survey monuments, property corners and centerline ties disturbed by the work, providing any and all surveying work required to complete the work in place. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Item No. 4 Remove and Reconstruct Type "A" PCC Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, SP 12 OF 24 compacting subgrade, reconstructing curb openings of existing curb drains, reconstructing PCC curb and gutter per City standard, re -chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 5 Remove and Reconstruct Type "B" PCC Curb: Work under this item shall include removing and disposing of the existing curb, compacting subgrade, reconstructing curb openings of existing curb drains, reconstructing PCC curb per City standard, re -chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 6 Remove and Reconstruct Type "C" PCG Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, reconstructing PCC curb and gutter per City standard, re -chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 7 Remove and Reconstruct 4 -in Thick, 12 -in Wide PCC Landscape Maintenance Strip: Work under this item shall include removing and disposing of the existing PCC strip, compacting subgrade, reconstructing 4 -in Thick, 12 -wide PCC strip in-kind, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 8 Remove and Reconstruct 44n Thick Stamped Concrete Median Paving: Work under this item shall include removing and disposing of the existing PCC median paving, compacting subgrade, reconstructing 4 -in thick color stamped concrete median paving to match existing, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 9 Prune Tree Root: Work under this item shall include root pruning and disposal per Section 308-1, restoring existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 10 Install Root Barrier: Work under this item shall include installing root barriers per Sections 212-1 and 308-1, restoring existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 11 Complete Variable Thickness Cold -milling Existing Asphalt Pavement: Work under this item shall include cold milling the asphalt roadway to a SP 13 OF 24 variable depth below existing finished grade per plan detail as shown on the drawings, sawcutting, and all other work items as required to complete the work in place. Item No. 12 Complete 2" Cold -milling Existing Asphalt Pavement: Work under this item shall include cold milling the asphalt roadway to a depth of 2 inches below existing finished grade as shown on the drawings, sawcutting, and all other work items as required to complete the work in place. After Contractor has cold -milled a street they shall, at a minimum base pave the area, within 72 hours. Item No. 13 Complete 4" Cold -milling Existing Asphalt Pavement: Work under this item shall include cold milling the asphalt roadway to a depth of 4 inches below existing finished grade as shown on the drawings, sawcutting, and all other work items as required to complete the work in place. After Contractor has cold -milled a street they shall, at a minimum base pave the area, within 72 hours. Item No. 14 Construct Minimum 2" Thick Leveling Course AC Type III -B2 -PG 64-10: Work under this item shall include all labor, tools, equipment and material costs for pavement clearing, installing crack sealer, tack coating, a minimum 2" AC leveling course Type 111 -B2 -PG 64-10 placement, subgrade and leveling course compaction and all other work items as required to complete the work in place. Item No. 15 Construct 2" Thick Finish Course AC Type ARHM GG: Work under this item shall include all labor, tools, equipment and material costs for constructing 2" thick asphalt pavement overlay Type ARHM GG, tack coating and all other work items as required to complete the work in place. Item No. 16 Adjust Manhole Frame and Cover to Grade per STD -111-L: Work under this item shall include adjusting, lowering and raising during paving operation of all manhole frame and cover to grade per CNB STD -111-L and all other work items as required to complete the work in place. Item No. 17 Remove Existing and Replace New Water Valve Box and Cover to Grade per STD -511-L: Work under this item shall include removing the existing water valve boxes and installing new water valve boxes and covers to grade per GNB STD - 51 1-L and all other work items as required to complete the work in place. Item No. 18 Remove Existing and Replace New Survey Monument Box and Cover to Grade: Work under this item shall include removing the existing survey monument boxes and installing new survey monument boxes and covers to grade per CNB STD -1 16-L and all other work items as required to complete the work in place. Item No. 19 Remove Existing and Replace New Traffic Signal Pull Box: Work under this item shall include removing the existing and installing new traffic signal pull boxes to grade and all other work items as required to complete the work in place. Item No. 20 Remove and Replace Traffic Signal Detector Loop: Work under his item shall include all labor, tools, equipment, and material costs to remove and replace SP 14 OF 24 traffic signal detector loops (presence loops shall be Type E per Caltrans STD PLANS ES -5A and ES -513), make electrical connections and wirings to existing pull boxes, test and calibrate the new signal loop detectors and all other work items as required to complete the work in place. Item No. 21 Remove, Store and Reinstall Existing Sign on New Post: Work under this item shall include removing and storing existing street sign, installing existing sign on new 2" square Unistrut with 2-114" Unistrut base in 12"x12"x18" deep concrete footing, and all other work items as required to complete the work in place. Item No. 22 Install Raised Truncated Domes and Grind Ramp Lip at Existing Access Ramp: Work under this item shall include, but not limited to, grinding concrete curb access ramp lip from the back of the depressed curb to flush against adjacent gutter or roadway, sawcutting, removing and disposing of conflicting portions of concrete access ramp, and constructing concrete base, installing minimum twelve square feet of raised truncated domes per CNB STD -181-L, 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 (562) 716- 8677 of Southern California. Item No. 23 Remove and Reconstruct 4 -in Thick PCC Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk, sub grade compaction, constructing the 4 -inch thick PCC sidewalk as shown on plan and as marked in the field, and all other work items as required to complete the work in place. Contractor shall protect in place utility vent(s) and traffic sign(s) in the work area. Item No. 24 Remove and Reconstruct PCC Curb Access Ramp: Work under this item shall include sawcutting, removal and disposal of conflicting portions of existing improvements, compacting subgrade, construction of concrete access ramp per City standard plan, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be `Terra Paving" as manufactured by Wausau Tile, Inc (715) 359-3121 of Wisconsin or equal. Item No. 25 Remove and Reconstruct 6 -in Thick PCC Driveway Approach: Work under this item shall include removing and disposing existing conflicting improvements, compacting subgrade, and constructing commercial driveway approach per applicable portion of City of Newport Beach STD -161-L and Plan Detail, and all other work items as required to complete the work in place. Item No. 26 Install Signs, Striping and Pavement Markings: Work under this item shall include removing existing striping, and installing traffic striping, pavement markers, signs as shown on the signing and striping plans and all other work items as required to complete the work in place. This item shall include removing and installing all pavement legends. SP 15 OF 24 Item No. 27 Remove Red Curb Marking: Work under this item shall include removing existing red curb marking within the work limits by sand blasting, hand scraping or other methods as approved by the Engineer. Item No. 28 Provide As -Built Drawings: Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $3,000 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings." 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." 203-6 ASPHALT CONCRETE 203-6.4 Asphalt Concrete Mixtures 203-6-4.3 Composition of Grading Add this Section: 'The Asphalt Concrete (A.C.) used for surface caps shall be Asphalt - Rubber Hot Mix Gap Graded (ARHM GG)." SP 16 OF 24 SECTION 212 --- LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS 212-1.6 Root Barriers. Root barriers shall be Century Products CP Series or approved equal. Root barriers shall be installed linearly, 10 -ft long at each tree or as shown on plan, 24 -inch deep behind the back of curb. Refer to Section 308-4.3 and construction drawings for locations of root barriers. 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?paqe=157 and then selecting the link Franchised Haulers List." 300-1.3.1 General Add to this section: "The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications for Public Works Construction except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway SP 17 OF 24 removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items." 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Ailey 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?/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 302-1 COLD MILLING OF EXISTING PAVEMENT. 302-1.1 General. Add to this section: "Manhole rim and grade rings, valve and survey monument boxes within areas to be cold -milled shall be temporarily removed and covered prior to cold milling of existing pavement and reinstalled to the finished grades after placing the asphalt finished course." 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General Add to this section: "The Asphalt Concrete (A.C.) used for surface caps shall be Asphalt -Rubber Hot Mix Gap Graded (ARHM GG). All cracks'/ -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied SP 18 OF 24 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 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. Where dig outs are required, contractor shall grind down the top 2 inch overlay layer, as specified per plan, prior to making repairs. Dig outs shall then be based paved flush with ground surface so that the finish course is placed in one lift. 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 -1 h asphaltic emulsion at a rate not to exceed one —tenth (1110) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.G. surfaces and edges against which asphalt concrete is to be placed." 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.6 Curing Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201-1.1-2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6-7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 303.5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." SP 19 OF 24 303-5.5 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 W -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.n 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 307-17.3 . . Pull Boxes. Amend this Section to include: "Pull boxes shall conforrn to the provisions in the latest version of the Caltrans Standard Specifications and Standard Plan ES -8 and these Special Provisions for TRAFFIC pull boxes. All new TRAFFIC pull boxes shall be pull box number 6 (PB#6), or pull box number 6 with extension (PB#6E), as noted on the Plans. PB#6 shall have nominal dimensions of 30.5 inch L x 17.5 inch W x 12 inch D, as stated in these Special Provisions and per the Plans. PB#6E shall have nominal dimensions of 30.5 inch L x 17.5 inch W x 24 inch D, as stated in these Special Provisions and per the Plans. The cover marking for each pull box containing fiber optic cable shall read "TRAFFIC SIGNAL" on one line and "FIBER OPTIC" on second line. The cover marking for each pull box not containing fiber optic cable shall only read 'TRAFFIC SIGNAL" on one line. Pull boxes shall be provided with locking mechanisms as specified in the Caltrans Standard Plans. SP 20 OF 24 All splice boxes shall have vertical proof -load strength of 25,000 lbs. This load shall be placed anywhere on the box and cover for a period of one minute without causing any cracks or permanent deformations. Splice boxes shall have nominal dimensions of 36 inch L x 24 inch W x 24 inch D, as stated in these Special Provisions and per the Plans. Where pull boxes are installed in sidewalk, sidewalk shall be removed and replaced from score line to score line as directed by Engineer. Pull boxes and covers in the sidewalk or behind the curb shall be per below, Christy "Fiberlite" models, or Engineer approved equivalent, unless otherwise noted on the Plans. Size #5 Box #5 Lid #6 Box #6 Lid #6E Extension Splice Box & Lid 307-17.7.3 Inductive Loop Detectors Approved Models Christy N30 Electrical Box Christy FL30D Christy N36 Electrical Box Christy FL36D Christy B36X12 Armorcast A600197APCX24 Amend this Section to include: "Traffic signal loop detectors shall be installed per Caltrans Standard Plans ES -5A and ES -5B and shall be Type E spaced ten feet apart. Front loops shall be a 6' diameter, modified Type E per the Traffic Signal Specifications Supplemental and will be placed immediately behind the limit line/crosswalk. Bike loop shall be 3'x6' (Type D). Loop wire shall be Type 2. Loop Sealant shall be Hot -Melt Rubberized Asphalt sealant. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days of AC pavement course placement." SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION 308-1 General Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or out that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644-3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may SP 21 OF 24 be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. If required, the submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 24" for curbs, and shall be made as far away from the tree base as possible. 1. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. SP 22 OF 24 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 112 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 forthe intended application. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole SP 23 OF 24 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 slung." 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. sF24OF24 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. 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." CITY OF F NEWPORT REACH City Council Staff Report November 25, 2014 Agenda Item No. 26 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov PREPARED BY: Frank Tran, Associate Civil Engineer PHONE: (949) 644-3340 TITLE: Campus Drive, San Joaquin Hills Road and San Miguel Drive Street Pavement Overlay —Award of Contract No. 5582 (CAP14-0009) ABSTRACT: Staff has now received construction bids for the Campus Drive, San Joaquin Hills Road and San Miguel Drive Street Pavement Overlay project and is requesting City Council's approval to award the contract to All American Asphalt. RECOMMENDATION: a) Approve the project plans and specifications; b) Award Contract No. 5582 to All American Asphalt for the total bid price of $1,177,177.00, and authorize the Mayor and City Clerk to execute the contract; c) Establish a contingency of $118,000.00 (approximately 10%) to cover the cost of unforeseen work not included in the original contract; and d) Approve Budget Amendment No. 15BA-023 transferring $150,000 from 7282-C2002076 to 7282- 02002070; recognizing $70,000 from the County of Orange and appropriating $70,000 to Account No. 7251-C2002070. FUNDING REQUIREMENTS: Upon approval of the proposed Budget Amendment, there will be sufficient funding in the following accounts for the award of this contract: Account Description Account Number Amount Measure M2 Fair Share 7282-C2002070 $ 1,233,000.00 Contribution from County of Orange 7251- $ 70,000.00 C2002070 Total: $ 1,303,000.00 26-1 Proposed uses are as follows: Vendor All American Asphalt All American Asphalt Harrington Geotechnical, Inc. Various DISCUSSION: Purpose Construction Contract Construction Contingency Geotechnical Testing Printing & Incidentals Total: At 10:00 a.m. on November 3, 2014, the City Clerk opened BIDDER Low All American Asphalt 2 The R.J. Noble Company 3 Hardy & Harper, Inc. 4 PALP, Inc DBA Excel Paving Co. Amount $1,177,177.00 $ 118,000.00 $ 6,600.00 $ 1.223.00 $ 1,303,000.00 and read the following bids for this project: TOTAL BID AMOUNT $1,177,177.00 $1,228,430.00 $1,234,000.00 $1,266,760.00 The low bid amount is 1.9% lower than the Engineer's Estimate of $1,200,000. The low bidder, All American Asphalt, possesses a California state contractor's license classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for other public agencies. This asphalt pavement overlay project includes the pavement resurfacing of northbound Campus Drive from Bristol Street North to MacArthur Boulevard; San Joaquin Hills Road from Marguerite Avenue to Spyglass Hill Road; and San Miguel Drive from MacArthur Boulevard to San Joaquin Hills Road. The work necessary to complete this contract includes grinding the existing pavement, reconstructing and/or overlaying the asphalt roadway, removing and reconstructing portions of deteriorated concrete curb and gutter, sidewalk, and adjusting utility and survey monument covers to grade. A portion of the northbound side of Campus Drive is within the County of Orange right-of-way. Staff has been coordinating with County staff on a cooperative agreement in order to describe roles and responsibilities for each agency. The County will reimburse the City for all construction costs within County right-of-way up to $70,000.00. In addition to the low bid amount, staff recommends approving a contingency allowance of $118,000.00 (approximately 10%) to cover the cost of unforeseen conditions. Pursuant to the contract specifications, the Contractor will have 75 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 15302 (replacement of existing 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: Description Attachment A - Location Map Attachment B - Budget Amendment 26-2 Z R z ƒ I O / \ y �! = \ / 22 \ w \ $ \_ � E\^� 2 j LL a /\/ \/2 I � , ) - % M - \ ;� i ) ( _ » ( ( \ �: }) \ 2 0 _j \ zj\ = e \ \\\ g} ® ` ƒ§/ )~ ~ _ = O //\ m�e w } \ ATTACHMENT B City of Newport Beach BUDGET AMENDMENT 2014-15 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations X Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To ACCOUNTING ENTRY: NO. BA- 15BA-023 AMOUNT: $22o,oao.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance W, BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit REVENUE ESTIMATES (3601) Fund/Division Account Description 250 4913 Contributions - County of Orange $70,000 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7282 Measure M2 - Fair Share Account Number C2002076 MacArthur/San Miguel Street Overlay $150,000.00 Division Number 7282 Measure M2 - Fair Share Account Number C2002070 Campus, San Joaquin Hills, and San Miguel Street Overlay $150,000.00 Division Number 7251 Contributions Account Number C2002070 Campus, San Joaquin Hills, and San Miguel Street Overlay $70,000.00 �--- ' Automatic System Entry. Signed: ' ^( // ./,/�(�/ / r'/moi AA v,cl di. r% �/V`�`-� mancial Approval Finance Director Date Signed: &—u \&� 1's . i°rY Administrative Approval: CityManager Date Signed: City Council Approval: City Clerk Date `3-M November 25, 2014 Agenda Item No. 2E Campus Drive San Joaquin Hills Road San Miguel Drive Street Reconstruction Award of Construction Contract City Council Meeting November 25, 2014 Public Works Department A Well -Engineered Machine Campus Drive: (Northbound side) from Bristol North IR MacArthur Blvd. Public Works Department A Well -Engineered Machine :pt!j f �( C k� SAN JOAQUIN HILLS RD San Joaquin Hills from Marguerite Ave to Spyglass Hill Rd Public Works Department A Well -Engineered Machine r] San Miguel Dr from MacArthur Blvd to San Joaquin Hills Rd Public Works Department A Well -Engineered Machine Cw IP r � r Cw IP