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C-5087 - 2011-2012 Citywide Slurry Seal Program
CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC October 10, 2013 Mr. Jeff Petty American Asphalt South, Inc. 14436 Santa Ana Avenue Fontana, CA 92337 Subject: 2011-2012 Citywide Slurry Seal — C-5087 Dear Mr. Petty: On October 9, 2012 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 October 22, 2012. Reference No. 2012000642168. The Surety for the contract is The Guarantee Company of North America USA and the bond number is 12087041. Enclosed is the Faithful Performance Bond. Sin cerely, ow," Leilani I. Brown, MMC City Clerk Enclosure • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachea.gov City of Newport Beach 11-12 CITYWIDE SLURRY SEAL Contract No. 5087 BOND NO. 12087041 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,435.00 -- being at the rate of $ 7.0015.00-- thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to American Asphalt South, Inc., hereinafter designated as the "Principal", a contract for construction of 11-12 CITYWIDE SLURRY SEAL, Contract No. 5087 in the City of Newport Beach, in strict conformity.with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 6087 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and American Asphalt South, Inc. '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 Six Hundred Eighty -Seven Thousand and 001100 Dollars ($687,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. 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. 29 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 the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Band. 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 or to the specifications accompanying the same 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 shalt 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 the 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 en duty executed by the Principal and Surety above named, on the 16th day of ay 2092. American Asphalt South, Inc. (Princlpai) The Guarantee Company of North America USA Name of Surety 1800 Sutter Street, Suite 880, Chico, CA 94520 Address of Surety 866-364.6378 Telephone Authorized Signaturerritle By5AIrded % Agent Signature Elizabeth Collodi, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 30 ACKNOWLEDGMENT /://\\\\4444\42\/•//////\//\/\\///\•N/////////\\/1111\\\\\\/\\\///44444\\4\4021001 State of California Butte County of )3S. On May 16, 2012 before me, J. Lelouarn Notary Public, personally appeared Elizabeth o o i 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/heritheir 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. Stgfiature Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language ------------ \WYE-- J.LELOUARN J . LE 1� COM11111.01979758 WTAlrr PUMA •. CAUFDaau COUNfr bF BTE UT Llw_ Comm. Expka MAR. 90.2018 OPTIONAL INFORMATION May 16, 2012 Faithful Performance Bond 2 No Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee —� Power of Attorney —CEOICFO/COO _ President / Vice -President / Secretary I Treasurer Other: Other 31 (seal) Thumbprint of Signer Check here if m thumbprint W fingerprint is available. THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Barbara Muk"ke, Renee Ramsey, Richard W Pratt, John Hopkins, Elizabeth Collodi, Susan Lee, Barbara Beeuy, Nancy Luttenbaeker, Phillip 0. Watkins, Keith T Schuler Intenvest Insurance Services, Inc Its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of Indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the some had been duly exerted and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adapted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003, The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company Orate, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, and 2. To revoke, at any time, any such ABomey-in-fad and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -In -Fad incudes any and all consents for the release of retained percentages and/or Mal estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surely company of any of its obligations under its bond. 4. in connection with obligations in favor of the Kentucky Department of Highways only, B is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such sgnahre and seal when so used shall have the same tome and effect as though manually affixed - IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. 4 t:/ THE GUARANTEE COMPANY OF NORTH AMERICA USA - STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musseiman, Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seat and each signature were duly affixed by order of the Board of Directors of Cynthia A. Taker Notary Public, State of Michigan County of Oakland a My Commission Expires February 27, 2018 qua Acting in Oakland County P IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. 1, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in fug force and effect. yfxreeG, IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 16th day of May 2012 '""'" Randall Mussafman, Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California / as. County of `�>+cr 6rar�u1e�t-ac On0, beforeme, j?l1k+rA A1tiK/rl-/1rg�L— --- �' Bate Name and rtla of Of firer (e.g.,'Jam Doe, NMary PUMic] personally appeared v/c 6h:, T Name(sl of Signerh) eX proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isrfWe subscribed to the within instrument and acknowledged to me that he/sh� executed the same in his/1 od1heer authorized capacity(ies), and that by his/her/tbeir- signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seat. �r.� �7 Slgnafure of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name ❑ Individual ❑ Corporate Officer—Title(s): _ O Partner — ❑ Limited D General ❑ Attorney -in -Fact ❑ Trustee Ej Guardian or Conservator ❑ Other: Signer Is Number of Pages: PIGRTTHUMBPRINT OF SIGNER ®1999 National Way AsaCoiatlan • 9350 Be Sato Ave_. PO. Box 2402 • CdatawadA. CA 91313-2402 • wwwnationalnotary oy Prad. No. 590? Reordeo Call Toll -Free 1-600-V&6627 s • o December 26, 2012 Mr. Jeff Petty American Asphalt South, Inc. 14436 Santa Ana Avenue Fontana, CA 92337 Subject: 2011-2012 Citywide Slurry Seal - C-5087 Dear Mr. Petty: On October 9, 2012, 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 October 22, 2012, Reference No. 2012000642168, The Surety for the bond is The Guarantee Company of North America USA and the bond number is 12087041. Enclosed is the Labor & Materials Payment Bond. Sincerely, Y Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 - Fax: (949) 644-3039 - www.city.newport-beach.ca.us City of Newport Beach 11-12 CITYWIDE SLURRY SEAL Contract No. 5087 BOND NO. 12087041 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to American Asphalt South, Inc., hereinafter designated as the "Principal," a contract for construction of 11-12 CITYWIDE SLURRY SEAL, Contract No. 5087 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Desch, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No, 5087 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, THF-%FSRE We t e cnc igned Principal, and, a uar'sntee Company of konh America duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum .of Six Hundred Elghty-Seven Thousand and 001100 Dollars ($687,000.00) 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 N the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 33 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any auk brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 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 or the specifications accompanying the same 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 spe ifications. 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 16th day of _.__May.,_, 2012, American Asphalt South, Inc. (P(ncipal} The Guarantee Company of North America USA Name of Surety By: 5 Authorized Signaturerritie By�ye�yrthor , ized Agent Signature 1800 Sutter Street, Suite 880, Concord, CA 94520 Elizabeth Collodi, Attorney -in -Fact Address of Surety Print Name and Title 866-364-6378 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 34 ACKNOWLEDGMENT •....... ...f..AMR.................O..as..........allw............11.11IOe..14.....I State of California Butte County of ) ss. May 16, 2012 J. Lelouarn Notary On Y before me, , Public, personally appeared Elizabeth o o t ,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 helshe/they executed the same in hislher/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 persons) 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. � - L�� Sign'ature J. tiLWNY. COIA6t.11973758 NOTARY KAVA . CAUForwu cotaliv of BUTTE o+ �I Comm. Expires MAIL 90.2010 'r (seal) •.Y....eee1■•.■■11■..■■■■............. u.......eee•..... X11 X11..................1 Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION May 16, 2012 Labor and Materials Payment Bond 2 No Type of Satisfactory Evidence: - Personally Known with Paper Identification �_ Paper Identification _ Credible Witnesses) Capacity of Signer: Trustee X Power of Attorney _ CEO/CFO/COO _ President/ Vice -President I Secretary I Treasurer Other. Other 35 Thumbprint of Signer Check here if nothumbprint or fingerprint is available. THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Barbara Midstakke, Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth CoRadi, Susan Lee, Barbara Beeny, Nancy Leltenbacher, Phillip a Watkins, Renk T. Schuler Interwest Insurance Services, Inc its tare and lawful aftomey(s)-in-fact to execute, seal and deliver for and an its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory In the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31'r day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: t. To appoint Attorney(s)-in-fact, and to authorize them to execute an behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations In favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all comms for the release of retained percentages andtor final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. it is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or is assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it Is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a two excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. ,,rx*re IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and r its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA 1-7 STATE OF MICHIGAN Stephen C. Ruschak, Vice Prasiderd Randall Mussolini Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Torsi Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2016 y Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in fug force and effect. yxmC IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 16th day of May 2012 "f° � Randall Mussekmn, Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California )ss. County of �en %ia�ncsrdic�" Onbefore me, ,►W,Ic:%u_.I�KirT-/tl�if:ft! , / a Name and Tile of 011ice, le g., Sane Doe Notary Pu ¢') personally appeared /G 1--ae � Name(s) of Slgnerls) RICHARD ENTRIKIN t7 COMM. *1854481 NOTARY PUBLIC - CALWOMM UNBERWI)IN000UI Y NJ MP Comm. Ew eAIL IA'M '9 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/pmr subscribed to the within instrument and acknowledged to me that he/sgeHhey' executed the same in hislbethglaw authorized capacity(ies), and that by his/hedthee signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. .ag,,stum of Not OPTIONAL Though the information below is not required bylaw, ll may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment or this toren to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of rhumb here ❑ Corporate Officer—Title(s): ❑ Partner —17 Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee LI Guardian or Conservator ❑ Other: Signer Is Representing: 01999 NalioMt Nolary Ass ,atian • 9350 De Solo Ave., P.O. Box 2602 • Chatsworth, CA 913132002 • x .natmal,w,aryorg Pend No. 5907 Reorder: Call To&Fina 1-800.117E 6827 RE'1 Recorded in Official Records, Orange County C ���� - )Tom Daly, Clerk -Recorder RECORDING REQUESTED BY AND J ill l'I II II Illi) l�lll 111 11 III �I SII NO FEE WHEN RECORDE11INIM, TQC r�; C 6 *$ R 0 0 0 5 2 6 0 2 s 6$ 201200064216810:51 am 10122112 City Clerk _ 90 414 N12 1 City of Newport Beach 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3300 Newport Boulc6rd Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and American Asphalt South, Inc. of Fontana, CA, as Contractor, entered into a Contract on May 8, 2012. Said Contract set forth certain improvements, as follows: 2011-2012 Citywide Slurry Seal - C-5087 Work on said Contract was completed, and was found to be acceptable on October 9, 2012, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is The Guarantee Company of North America USA,_ BY %' b✓ Public Worcs 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 OGT _ %9�?i at Newport Beach, California. BY City Clerk�� \ 9ti'RtavY CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following project: • 2011-2012 Citywide Slurry Seal — C-5087 Please record the enclosed document and return it to the City Clerk's Office. Thank you. Sincerely, Leilani 1. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 - www.city.newport-heach.ca.us City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383'" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and American Asphalt South, Inc. of Fontana, CA, as Contractor, entered into a Contract on May 8, 2012. Said Contract set forth certain improvements, as follows: 2011-2012 Citywide Slurry Seal - C-5087 Work on said Contract was completed, and was found to be acceptable on October 9, 2012, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is The Guarantee Company of North America USA IM 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 MOW- 11 _.`til Z at Newport Beach, California. gNV PO BY G .. r 11tH City Clerk _I.1 D D G °REACHCITY OF Wali City CounGil Staff Report Agenda Item No. 6 October TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Work irector 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Alfred Castanon, Associate Civil Engineer APPROVED: V TITLE: 2011-2012 Citywide Slurry Seal — Notice of Completion and Acceptance of Contract No. 5087 ABSTRACT: On May 8, 2012, City Council awarded Contract No. 5087 (2011-2012 Citywide Slurry Seal Project) to American Asphalt South, Inc., for a total contract cost of $687,000.00 plus a 5% allowance for contingencies. The required work is now complete and staff requests City Council acceptance and close out of the contract - RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with the applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after Council acceptance. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following account: Account Description Account Number Amount General Fund 7013-C2001011 $ 722,240.20 Total Construction Cost: $ 722,240.20 1 of 15 2011-2012 Citywide Slurry Seal — Notice of Completion and Acceptance of Contract No. 5087 October 09, 2012 Page 2 DISCUSSION: Overall Contract Cost/Time Summary Contract Award Final Cost at Benchmark Actual Contract Time Time Under (-) Amount Completion Target Contract (days) or Over (+) $687,000.00 $722,240.20 5% or less 5.1% 60 0 The work necessary to complete this contract consisted of slurry sealing various streets in the Corona Del Mar, Harbor View Hills, Corona Highlands, Cameo Highlands and Newport Coast communities. The contract also provided for seal coating parking lots at the Corona Del Mar Library, Police Department, Grant Howald Park, Coastal Peak Park, Los Trancos Canyon View Park, San Joaquin Hills Park and Newport Coast Community Center. 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: $ 687,000.00 Actual cost of bid items constructed: $700,119.20 Contract change orders: $ 22,121.00 Final contract cost: $ 722,240.20 The final overall construction cost, including two change orders, was approximately 5.1% above the original bid amount. The change orders were for the Fashion Island area slurry seal, the Grant Howald Park Community 'Youth Center and Upper Buck Gully trail seal coating. Originally, the Fashion Island slurry seal work was part of the Fashion Island Area Streets AC Overlay and Slurry Project (C-4813), but was deleted from that contract and added to this year's citywide slurry seal project do to more favorable unit pricing. The result was an overall project savings of over $45,000. The schedule for all the slurry seal and seal coating work allowed 60 working days based on past slurry projects. The project was substantially completed July 20, 2012, but work restriction due to planned events at various parks required additional time extending the completion date to August 31, 2012- City staff also delayed the start of the project a few weeks, waiting for school summer break, allowing as much on street parking as possible and minimizing complaints from the community. 2 of 18 2011-2012 Citywide Slurry Seal — Notice of Completion and Acceptance of Contract No. 5087 October 09, 2012 Page 3 A summary of the project schedule is as follows: Estimated Completion Date per July 2011 Baseline Schedule: August 27, 2012 Project Awarded for Construction: May 8, 2012 Completion Date from Award with Approved Extensions: August 31, 2012 Actual Substantial Construction Completion Date: July 20, 2012 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: This agenda item has been noticed according to the Brown Act. In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this action. The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Submitted by: DaavidA. Webb - Public Works Director Attachment: A. Location Map 3 or 18 Attachment A Z4 JOHN_WAYNE VICINITY MAP NOT TO SCALE 0 PROJECT LOCATION 2011-2012 CITYWIDE SLURRY SEAL PROGRAM 'PATRICK L. ARCINIEGA No. 70740 Ey,. MOM WSENORML GINEER DATE R.C.E. 70740 C_5087 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2011-2012 CITYWIDE SLURRY SEAL PROGRAM SENIOR CI� ALk, NGINEER DATE R.C.E. 70740 C-5087 71t-- � ��-� ! �, 1 /']I- (SEESHEET2) 1�1�VUTH CENl�f7 MOM LIMITS OF SLURRY SEAL HARBOR VIEW HILLS CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT SENIOR CIVIOENPINEER DATE 2011-2012 CITYWIDE R.C.E. 70740 SLURRY SEAL PROGRAM DATE SCALE SHEET 4 OF 03/29/121 N.T.S. DRAWN I HLG C-5087 I R-6$g7j: HARR(-)R \/IFW RM LIMITS OF SLURRY SEAL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2011-2012 CITYWIDE SLURRY SEAL PROGRAM SENIOR CIVIL GINEER DATE R.C.E. 70710 C-5087 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2011-2012 CITYWIDE SLURRY SEAL PROGRAM APPROVED SENIOR CNIL GINEER DATE R.C.E. 70740 as0a7 LIMITS OF SLURRY SEAL NEWPORTCOAS7'- COMMUNITY CENTER NEWPORT RIDGE DRIVE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2011-2012 CITYWIDE SLURRY SEAL PROGRAM SR CIV1L GINEER DATE R.C.E. 70740 C-50&7 EM LIMITS OF SLURRY SEAL RIDGE PARK ROAD & VISTA RIDGE ROAD CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2011-2012 CITYWIDE SLURRY SEAL PROGRAM APPROVEO .� -- SENIOR CIAL GINEER DATE R.C.E. 70740 C_5087 L14JRI"1R7 1-i1Rf\IIVV LVI CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT SENIOR CIVILtLNGINLER DATE 2011-2012 CITYWIDE R.C.E. 70740 DATE SHEET SLURRY SEAL PROGRAM .-A„03 2 SCALE N.T.S. 9 OF C-5087 F l\IVIVV L. I CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT SENIOR 0ML GINEER DATE 2011-2012 CITYWIDE RC.E 707¢0 SLURRY SEAL PROGRAM DATE DRAWN SCALE SHEET 29 12 N.T.S. 10 OF 15 H, r, C5087 I R•QQ?,7-A LIMITS OF SEAL COATING GRANT HOWALD PARK PARKING LOTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2011-2012 CITYWIDE SLURRY SEAL PROGRAM 'PATRICK L. ARCINIEGA No.70740 Exp, d8130f19 SENIOR CIVIL GMEER GATE R.C.E. 70740 C-5087 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2011-2012 CITYWIDE SLURRY SEAL PROGRAM SENIOR CIVIL GINEER DATE R.G.E. 70740 C-5087 T Lvvvrrv/ rrvcr�I�vu �v I CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2011-2012 CITYWIDE SLURRY SEAL PROGRAM SENIOR CULUNGINEER DATE R.C.E. 70740 C-5087 rHrrn rmmmnNu w i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2011-2012 CITYWIDE SLURRY SEAL PROGRAM SENIOR OVIOENGINEER DATE R.C.E. 70740 C-5087 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2011-2012 CITYWIDE SLURRY SEAL PROGRAM YAKKING LV I APPROVED SENIOR CNIL F GINEER DAIE R.C.E. 70740 C-5087 CITY CLERK Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 AM on the 19th day of April, 2012, at which time such bids shall be opened and read for 11-12 CITYWIDE SLURRY SEAL Title of Project Contract No. 5087 $727,300.00 Engineer's Estimate t6OK66 G. Badum bllc Works Director 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(s) required for this project. "A" or "C-12" For further information, call Alfred Castanon, Project Manager at (949) 644-3314 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewiportBeachCA.gov CLICK: Online Services/Bidding & Bid Results City of Newport Beach 11-12 CITYWIDE SLURRY SEAL Contract No. 5087 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 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................................................15 ACKNOWLEDGEMENT OF ADDENDA........................................................................17 INFORMATION REQUIRED OF BIDDER.....................................................................18 NOTICE TO SUCCESSFUL BIDDER............................................................................21 CONTRACT................................................................................................................... 22 FAITHFUL PERFORMANCE BOND..............................................................................30 LABOR AND MATERIALS PAYMENT BOND...............................................................33 PROPOSAL............................................................................................................... PR -1 SPECIAL PROVISIONS............................................................................................SP-1 7 City of Newport Beach 11-12 CITYWIDE SLURRY SEAL Contract No. 5087 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 bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality.in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 3 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. 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. Contractor's License No. & Classification zw,e e�-;Co Bidder Autfiorized ignature/Title Date 0 Citi of Newport Beach 11-12 CITYWIDE SLURRY SEAL Contract No. 5087 .. BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Total Amount Bid --- Dollars ($ 10%-- ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 11-12 CITYWIDE SLURRY SEAL, Contract No. 5087 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this gond. Witness our hands this 9th American Asphalt Repair and Resurfacing Company, Inc. Name of Contractor (Principal) The Guarantee Company of North America USA Name of Surety 1800 Sutter Street, Suite 880, Concord, CA 94520 Address of Surety 866-364-6378 Telephone day of April 2012. Bya0l �& Pl, kvw Aut orized Signature/Title By. _ Zf4i�� Oporized Agent Signature Elizabeth Collodi, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Princi ai & SUMh must be attached) 5 ACKNOWLEDGMENT N A . A M ■ ■ M ■ ■ A ■ ■ ■ ■ W ■ ■ Y N MIA A M M A N A M A A A A M ■ A A A A A . ■ ■ ■ . . A ■ ■ ■ ■ ■ ■ ■ A ■ ■ ■ A ■ ■ ■ ■ ■ ■ M A f ■ A ■ ■ ■ ■ ■ ■ ■ ■ 1 State of California County of Butte gs On April 9, 2012 before me, Jennifer Lelouarn Notary Public, personally appeared Elizabeth Collodi I who proved to me on the basis of satisfa6tory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument End 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. certify under PENALTY OF PERJURY under foregoing paragraph is true and correct. ITNES my han and official seal. t t h e f at the I LELOLMN {COMM. i 1973758 oNOTARY PUBLIC • CALIFORNIA COUNTY OF BUTTE ilia Comm. Expket AMR. 30. 2016 seal) M ORMIA Y R AI N V A M RPOOR NCA N RON Y N N IA10 Y o■■ R A■ A■■ ■AAAA Saw a■Sam . ■AAAA " N■ A N N N M A llll ■ N AF M N I 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 CFO/CFO/000 President / Vice -President / Secretary / Treasurer Other; Other Information: R Thumbprint of Signer 07 Check here If no thumbprint or fingsrprint is available. THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Barbara Midstokke, Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Collodi, Susan Lee, Barbara Beeny, Nancy Luttenbacher, Phillip O. Watkins, Keith T. Schuler Interwest Insurance Services, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorneys) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. JPanr+TEF�o IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. r THE GUARANTEE COMPANY OF NORTH AMERICA USA ~�gNAME0.�'P STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai Notary Public, State of Michigan County of Oakland �unu� My Commission Expires February 27, 2018 Www Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. �JPµA�TFF�oQ IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 9th day of April 2012 4. G� �yo��A"E"�PyP Randall Musselman, Secretary ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. Countyof S -el', (st_,rn4rd17G On fYnri 1 'D/.�L_ before me, idoielY- V�' Date Name and Title of Officer (e.g.. "Jane Doe, Notary Publi " personally appeared .1e .Ij� P� -tV Name(s) of Signer(s) :��, RICHAR IKIN E comm. ; 18W81 NOTARY PUBLIC • CALIFORNIA 0 SAN BERNAROINO COUNTY N ,K proved to me on the basis of satisfactory evidence to be the person(K whose name(of is*uf subscribed to the within instrument and acknowledged to me that he/,%W1thTy executed the same in his/•W1tb�fr authorized capacity(jW, and that by his/ha0t�err My Comm. ElfouJUL. 13,2013 r signature(; on the Instrument the personM, or -)1 the entity upon behalf of which the person(of acted, executed the instrument. WITNESS my hand and official seal. I Signature of Notary Public OPTIONAL } Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. l Description of Attached Document �? Title or Type of Document: Z; Document Date: Number of Pages: 4, 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ��. ❑ Individual Top of thumb here I � ❑ Corporate Officer — Title(s): lh� ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact )� ❑ Trustee1 ❑ Guardian or Conservator ❑ Other: I� Signer Is Representing: 1 <':T ' _ --may I ( Z � ; T 1-"•--.- ' :) ..�( \���.l �L�i t_<il-'!� W� �'\. ���-Cl�•'� -�.�=�i�i/, � � ��.i v`\.. �/� ✓ .V\. �.\. �_.i,� v�i�./(�./v�i_< - _ © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313-2402 • www.nationalnolary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 City of Newport Beach 11-12 CITYWIDE SLURRY SEAL Contract No. 5087 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: 0*C, Slwrty + Sfrrt,:>, Address: 1311 IF. Worncr pve Saon�q Av�.,CA 9370-S Phone: (714) yyL) 1p1o0 State License Number: 0 I * 72 Name: Sq -e GSA Address: 767 w. T'+h S4r0c+ 5+Ullo;np ap%J /pnf)G;yr S J CIAisWo c� 9171.3, (O Phone: (969) 95S 070S State License Number: Y740 S' Name: Address: Phone: State License Number: ,46'154Y) �fiO/1Q�� S05i?!,� �✓If. Ae Af12 "dMf Bidder uthoriz d Slgnature/Titl.e Ei City of Newport Beach 11-12 CITMDE SLURRY SEAL Contract No. 5087 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! 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. t Project Name/Number Project Description :�; & Z,r ,%%/e/!k i2cy (V Approximate Construction Dates: From 9")// To: //11V ,016411 Agency Name Contact Person El_t ?z4r ea0441C4V4 Telephone (Fo ;%ReP- kPllb Original Contract Amount $Wrtal Contract Amount $ If final amoynt is different from original, please explain (change orders, extra work, etc.) 610.1' 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. RI Project Name/Number 1Y IIA4ZXef ISIWel 4kove4oe 4pe". Project Description zfife e 1 L /`d/e ms / ®��oj ° ✓/r�®agi Approximate Construction Dates: From 3C -f®//To: 'eviy 'eoll Agency Name Contact Person Amb 1/1?04/ Telephone (fiVR Original Contract Amount $' y%inal 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. /Cl® No. 3f H! /�'We Ole .91orw In Project Name/Number P�XiiyGAP+' O>< it Project Description J Approximate Construction Dates: From To: ✓e Agency Name 16ex Contact Person A&IA" ZedeTelephone od-4 6��-0'q* Original Contract Amount $,WYAQ-ginal Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) CC Did you file any claims against the Agency? Did the Agency file any claims agains�tyyou/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 4 Project Name/Number Project Description '41s A% e fA-,o Approximate Construction Dates: From SPS¢. Ae-1D11 To: oAC. ' k-'4LIO/ a Agency Name Contact Person Awe -4e/ 400qTelephone (Fo yw—.051V Original Contract Amount $ rMwieonal Contract Amount $ 4�%wo� If final amount is different frsn� original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims agar st you/Contractor? If yes, briefly explain and indicate outcome of claims. AV 4/v . No. 5 Project Name/Number Project Description Tv_e 11 ✓��° ✓��i /IW Approximate Construction Dates: From oe011 To: Agency Contact Person Telephone ( 1.T✓�-.�✓��� Original Contract Amount 441&WdAnal Contract Amount $ Ada r— If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name/Number Project Description 7 e Approximate Construction Dates: From Agency Name Lia Bf" /4/ To: 15'ri Contact Person d7/G ��' �6�/ Telephone ( .VP.41_ 19,�®-44 Original Contract Amount $Mftffinal Contract Amount $ ✓���RO��� 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 againstXou/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. 1—Wer loo WY -4"1 ✓0 A0e Bidder 12 thorizea Signature/Title PROJECT MANAGER: TIM GRIFFIN EXPERIENCE: ROY ALLAN SLURRY SEAL FROM 1987-1998 WORKING AS A TRAFFIC CONTROL MAN, SQUEEGEEMAN, SHUTTLEMAN, LINE DRIVER & MIXER OPERATOR. CALIFORNIA PAVEMENT MAINTENANCE FROM 1998-2001 WORKING AS A PROJECT SUPERVISOR & OPERATIONS MANAGER. AMERICAN ASPHALT SOUTH FROM 2001 -PRESENT WORKING AS A PROJECT SUPERVISOR & PRODUCTION MANAGER. PROJECT MANAGER: JEFF PETTY EXPERIENCE: AMERICAN ASPHALT FROM 1985 -PRESENT WORKING AS A TRAFFIC CONTRAL MAN, SQUEEGEEMAN, SHUTTLEMAN, LINE DRIVER, MIXER - OPERATOR, PROJECT SUPERVISOR & PRODUCTION MANAGER. PROJECT MANAGER: LYLE STONE EXPERIENCE: ROY ALLAN SLURRY SEAL FROM 1986-1998 WORKING AS THE ESTIMATOR AND PROJECT MANAGER. CALIFORNIA PAVEMENT MAINTENANCE FROM 1998-1999 WORKING AS THE AREA MANAGER. ASPHALT MAINTENANCE COMPANY FROM 1999-2000 WORKING AS THE AREA MANAGER AND PROJECT SUPERINTENDENT. VALLEY SLURRY SEAL FROM 2000-2001 WORKING AS THE AREA MANAGER. AMERICAN ASPHALT SOUTH FROM 2001 -PRESENT WORKING AS THE AREA MANAGER, PROJECT MANAGER AND ESTIMATOR. PROJECT MANAGER: TYLER SKENDER EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2008 -PRESENT PROJECT SUPERVISOR: JULIO RUIZ EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 1998 TO 1999 WORKING AS A LINE DRIVER AND SHUTTLEMAN. WORKING FROM 1999 TO PRESENT AS A PROJECT SUPERVISOR. PROJECT SUPERVISOR: ENRIQUE ROSALES EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2006 TO PRESENT PROJECT SUPERVISOR: JOSE SALINAS EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 1998-2008 & 2010 TO PRESENT MIXER -OPERATOR: JAIME SALINAS EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2004 -PRESENT MIXER -OPERATOR: MANNY GONZALES EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2001 -PRESENT MIXER•OPERATOR: LUIS GAETA EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2000 -PRESENT City of Newport Beach 11-12 CITYWIDE SLURRY SEAL Contract No. 5087 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of 5�4 6VA41to ;FP -A , being�first duly sworgg, d pqq a an a s that he or she is J[e 4 of �i&—&r0Mr9 A.'��,/�IN't-s , 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 Cal' ornia that the foregoing is true and correct. YK�dI � ��JN 1 �a?t Bidder thorize Signature/Title Subscribed and sworn to (or affirmed) before me on this l yM day of 494-,'l 2012 by ✓e iY Aef} proved to me on the basis of satisfactory evideni6e 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. �s RICHARD ENTRIKIN Notary Public � COMM. 01854487 0 [SEAL]NOTARY PUBLIC - CALIFORNIA C SAN BERNARDINO COUNT' y Mr C=M EXW= JUL. 13,2013 N My Commission Expires: 7 /3 a®i 13 City of Newport Reach 11-12 CITYWIDE SLURRY SEAL Contract No. 5007 DESIGNATION OF SURETIES :. • - - �e ''� tom: �,- . i . 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): lee ��C*1W 4-/ 14 BROKERS & SURITIES FROM WHOM THE BIDDER INTENDS TO PROCURE INSURANCE AND BONDS BONDING AGENT: INTERWEST INSURANCE SERVICES, INC. 1357 E. LASSEN AVENUE CHICO, CA 95973 (530)897-3154 SURETY COMPANY: GUARANTEE COMPANY OF NORTH AMERIC, USA 1800 SUTTER STREET, SUITE 725 CONCORD, CA 94520 (925)566-6040 INSURANCE AGENT: INTERWEST INSURANCE SERVICES, INC. 368 E. YOSEMITE AVENUE, SUITE 100 MERCED, CA 95340 (209)724-2324 City of Newport Beach 11-12 CITYWIDE SLURRY SEAL Contract No. 5087 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name er;e- 0 /d��� r Record Last Five (5) Full Years Current Year of Record e imur iaLlon requueu nor inese 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 2011 2010 2009 2008 2007 Total 2012 No. of contracts s 7 Total dollar Amount of Contracts (in ??,36� .206/2 Al Thousands 2 of $ No. of fatalities V �` O U U U D D No. of lost Workday Cases 0 O ® iJ �7 No. of lost workday cases involving permanent transfer to O U v another job or termination of employment e imur iaLlon requueu nor inese items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder�JCr>'ev 4,f/q�/ AW Al ZWS Business Address: ew '91AW Business Tel. No.: State Contractor's License No and Classification: Title / :✓��n'.ryli� The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] 16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California >. ss.: `i County of S. ,,7 On 7. 20Y2- before me,21C-_124 all n ip klzi – N2)h, s� ' Daf& Name and Title of Officer (e.g., "Jane Doe, Notary Public"� I:. personally appeared V ie S f",, Gs 'J Name(s) of Signer(s) Ihl proved to me on the basis of satisfactory`i fl evidence — Ri - iARD ENTRE IIKIN MM. #1854481 NO: 41tY PUBLIC -CALIFORNIA SAN BERNARDINO COUNTY MI Comm. Expires JUL. 13, 2018 jr RICHARD ENTRIKIN COMM. #1854481 NOTARY PUBLIC - CALIFORNIA N SAN BERNARDINO COUNTY N My COMM. Expires JUL ti, 2018 to be the person(s) whose name(s) jeare subscribed to the within instrument and acknowledged to me that .l* /they executed the same in Wl-1;f�Ptheir authorized capacity(ies), and that by .,I;i s I;ter/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signatureof Notary Public 0PTIONAL Though the information below is not required by law, it may prove valuable to persons 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: ,I• e'er i�('iL�. Top of thUnih here © 1999 National Nolary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth; CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800.876-6827 City of Newport Beach 19-12 CITYWIDE SLURRY SEAL Contract No. 5087 ACKNOWLEDGEMENT OF ADDENDA Bidders name rokyo /®�6�� The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 17 City of Newport Beach 11-12 CITYWIDE SLURRY SEAL Contract No. 5087 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: IjWdeqO r-re4`,61W, Ale Business Address: ���✓4�v8 �r/P �i�F �.� 9,�,��� Telephone and Fax Number: t���1�9��•T9� ���,�j.�,7� California State Contractor's License No. and Class: :11?10�9/19 (REQUIRED AT TIME OF AWARD) Original Date Issued: 0/g/A00 Expiration Date: 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: %s 16 J;AlwglCr — &7WPa* 8 a - 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 p���o9 �sO�N�✓d�7 � �e2't�4.casdY �7e-1` 4!�. A,,'�-e w� 4l ✓wi9e � J-er! ay Corporation organized under the laws of the State of a0�°l-i W-1 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; /Z//W Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)?Yes iM Are any claims or actions unresolved or outstanding? Yes /( 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. lweo?q,w � Bidder T6y r A4 (Print name of Owner oGsident of Cor oration/Company' nn X`e44 #/ Aut/orized gnature/Title y'e-e 1rAd'e0l Title Date On %pc%� /7 l0/ 1 before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evi ence to be the person(s) whose name(s) is/A' subscribed to the within instrument and acknowledged to me that hejs�re/14e7 executed the same in his/fjwft.peir authorized capacity(ies), and that by his/4er4beirsignature(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: '7 i 3CV (SEAL) RICHARD ENTRIKIN COMM. 01854481 � NOTARY PMIC - CALIFORNIA Z5 0 OX bEr~D*IO COUNTY N My COMM. EMPir" JUL. 13, 2013 20 City of Newport Beach 11-12 CITYMCIE SLURRY SEAL Contract No. 5087 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 o LABOR AND MATERIALS PAYMENT BOND o FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 City of Newport Beach 11-12 CITYWIDE SLURRY SEAL Contract No. 5087 CONTRACT THIS CONTRACT FOR PUBLIC WORKS entered into this _ day of , 2012, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City(°City") and AMERICAN ASPHALT SOUTH, INC., a California corporation ("Contractor"), is made with reference to the following facts: WHEREAS, 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) clearing existing pavement surfaces of debris, soils, and other loose materials, (3) removing existing traffic striping, pavement markings, and raised pavement markers, (4) crack sealing, (5) placing emulsion aggregate slurry seal, (6) placing seal coat, (7) installing new traffic striping, pavement markings, and raised pavement markers, and other incidental items of work necessary to complete the work in place. WHEREAS, 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, City and Contractor agree as follows: A. 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 Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 5087, 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"). 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. B. 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. 22 C. COMPENSATION 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 Six Hundred Eighty -Seven Thousand and 001100 Dollars ($687,000.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (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, and which loss or expense occurs prior to acceptance of the work by City. D. 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 the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Attention: Alfred Castanon (949)644-3314 CONTRACTOR American Asphalt South, Inc. 14436 Santa Ana Avenue Fontana, CA 92337 909-427-8276 909-427-8279 Fax F. 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, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Coverage and Limit Requirements. a. Workers' Compensation. 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 type for Contractor's employees 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' 23 Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 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 required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance 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) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. c. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the 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. Builders Risk. For Contracts with Construction/Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100%) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions. 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 an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 24 b. General liability insurance provisions Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: i. City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self-insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. 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. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with the 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. 25 f. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. g. Waiver. 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. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. i. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section 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. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and/or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. 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 Contract relating to the city or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the 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 within five days of the expiration of the coverages. 26 G. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof, for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public, or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 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 the Contractor. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (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, attorney's 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 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 or any or all of them). 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 attorney's 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 the Consultant. 4. 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. 5. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. 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 MA be performed, and has correlated all relevant observations with the requirements of the Contract Documents. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. 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. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the dates written below. APPROVED AS TO FORM OFFICE OF HE Cl Y ATTORNEY Date:Z� /'Z'-- Aaron - . arp City AttorneyG ATTEST: Ila- 0*44-hh=:� �Date: Leilani I. Brown City Clerk r 01-1 F-Ovxv�o N: CITY OF NEWPORT BEACH A California Municipal Corporation and City and Charter,City, Nancy Mayor 'AMERICAN ASPHALT SOUTH, INC. a California corporation Title: Vice President Print Name: Jeff Petty Date:_ A21 By: - inancial Officer) Title: Secretary Print Name: Lyle Stone Date: %i�A�� City of Nowoort Beach 11-12 CITYWIDE SLURRY SEAL Contract No. 5081 BOND NO, 12087041 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,435.00 -- being at the rate of $ 7.00!5.00 -- thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to American Asphalt South, Inc., hereinafter designated as the "Principal", a contract for construction of 11-12 CITYVyIDE SLURRY SEAL, Contract No. 5067 in the City of Newport Beach, in strict conformity.with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 5087 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and American Asphalt South, Inc. , 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 Six Hundred Eighty -Seven Thousand and 001100 Dollars ($687,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. 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 Contraot 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. 29 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 the City, only in the event the 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 or to the specifications accompanying the same 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 the 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 Band, IN WITNESS WHEREOF, this instrument has peen duly executed by the Principal and Surety above named, on the 16th day of ay .2012. American Asphalt South, Inc. (Principal) The Guarantee Company of North America USA Name of Surety 1800 Sutter Street, Suite 880, Chico, CA 94520 Address of Surety 866-364-6378 Telephone Authorized SignaturelTitle By: /& NOTARY ACKNOWLEDGMENTS OF ATTACHED rorized Agent Signature Elizabeth Collodi, Attorney -in -Fact 30 Print Name and Title AND SURETY MUST BE ACKNOWLEDGMENT n. o g q p v q q o q v q q o q e q q pgovppgp pp a® p a p o p a p p o a a a p v a p g m a p p q q p p p p q p q p q p q a p p p p p o p gpppppq State of California Butte County of )Ss. On May 16, 2012 before me, J. Lelouarn , Notary Public, personally appeared tnzaoem uoiioai 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. i ature ..a S, ,XF �. i (seal) ....... p p p e p o o p mpm v v v opq p q p gepep Pb... p p p g p p v m o v v a m oq o g o m v vp o p p p p 0 o m v e g p p p p q v m a. Date of Document Type or Title of Document Nurnberof Pages in Document Document in a Foreign Language OPTIONAL INFORMATION May 16, 2012 Faithful Performance Bond 2 No Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee X Power of Attorney CEOICFO/COO President/ Vice -President I Secretary 1 Treasurer Other: Other 31 Thumbprint of Signer � o- ❑ Check here if no thumbprint or fingerprint is available, �TNECL'dkAN711. 1fa11 PANCOP �ORff hlIEAIrA: oy THEGUARANTEE �rOF NORTHAMERICA GSouthfield, MichiganPOWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Barbara Alidstokke, Renee. Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Collodi, Susan Lee, Barbara Beeny, Nancy Luttenbacher, Phillip O. Watkins, Keith T. Schuler Interwest Insurance Services, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on itsbehalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31'' day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixetl. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. oy �' THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America. USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takal n r Notary Public, State of Michigan County of Oakland wa�pyc'y.,'•, My Commission Expires February 27, 2018 " Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 16th day of May 2012 n Mau��P Randall Musselman, Secretary CALI FORNOA ALL-PURPOSE ACKNOWLEDGMENT re F ;. State of California ss. lel' County of i' On�'jR>..T�7 d0��- before me, 'may!cLaI �.m7�J161:•7�s°lr`dfT�:tP� c� / Nato Name end Tale of Foils, (eg.. -Jane Noe. Nolery personally appeared irIrl St"c„>e , camels) o15i9nertal f f� ,X. proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/pfe" subscribed to the within instrument and acknowledged to me that he/sbadbey, executed the same in his/ba+NIberr authorized capaclty(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. Signature eal. e of Nola,, Public OPTIONAL Though the information belaw is no? required by law, it may prove valuable to persons defying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ra` ,w Title or Type of Document _ Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(ill Cha€erten by Signer Signer's Name: ❑ Individual roP o� ml,mb n�re ❑ Corporate Officer—Title(s): ❑ Partner — ❑Limited El General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ®1999 Naftrail Nola, Assooleran-9350 Ne Soto Ave.,,PeOBox 2402 -Chatsworth. NA913132402• www.nalionalnotery-org Fare, No, 5907 Reoraer: Call Toll Free 1800-876,6827 Premium: Included in Performance Bond City of Newport Beach 11-12 CITYWIDE SLURRY SEAL Contract No. 5087 BOND NO, 12087041 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to American Asphalt South, Inc., hereinafter designated as the "Principal," a contract for construction of 11-12 CITYWIDE SLURRY SEAL, Contract No. 5087 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No, 5087 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, THER FRE, We the urge sigoad Principal, and, e uarantee Company of North America uu Aduly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum .of Six Hundred Eighty -Seven Thousand and 001100 Dollars ($687,000.00) 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 the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 33 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 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 3247 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 or the specifications accompanying the same 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 cr 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 his instrument has been duly executed by the above named' Principal and Surety, on the 16th day of May ...., 2012. American Asphalt South, Inc. (Principal) The Guarantee Company of North America USA Name of Surety By:e / Authorized Signature/Title By: horized Agent Signature 1800 Sutter Street, Suite 880, Concord, CA 94520 Elizabeth Collodi, Attorney -in -Fact Address of Surety Print Name and Title 866-364-6378 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 34 ACKNOWLEDGMENT R O m C C v0atlh00.0® R R R R M M 66 M 466 M M C h 60 A 0 M R R...00CYYY® O O R R R R v o e o e v O C W V d 00 G R R R O R R p R. 91 State of California Butte County of ) ss. On May 16, 2012 before me, J Lelouarn Notary Public, personally appeared Elizabeth o o l ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name($) islare 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 hislher/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the persan(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. \, . L:�� Zig 'nature 4 (seal) e b C b a 0 a M 0 Y a M a a a 00 C A R A A W O 0 a 046 v v g n e 0e 1 0.p®AAA09. d M 0 N a R R R R R R R R v o o e v v e w v e v v n m v ewnl Date of Document Type or Title of Document Number of Pages in Document OPTIONAL INFORMATION May 16, 2012 Labor and Materials Payment Bond Document in a Foreign Language No Type of Satisfactory Evidence: Personally Known with Paper Identification X._ Paper Identification Credible Witness(es) Capacity of Signer: Trustee X Power of Attorney _ CEO / GFO / COO _ President / Vice -President / Secretary / Treasurer Other: Other Information: 35 Thumbprint of Signer F1 Check here if no thumbprint or fingerprint is available. THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Barbara Midstokke, Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Collodi, Susan Lee, Barbara Beeny, Nancy Luttenbacher, Phillip O. Watkins, Keith T. Schuler Interwest Insurance Services, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fad cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instmment is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai N r- Notary Public, State of Michigan County of Oakland `str vs 3.= My Commission Expires February 27, 2018 -' E Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 16th day of May 2012 v Randall Musselman, Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT LEDGN ENT State of California t, } ss. County of 'S'e, r, a°a'nkrr-)i x`�wi On 7 40 j before me, j?r 10 LT,"✓X id – lyf-.1/4 •'r� rote Name antl Title of Off,., ,.. "Jene Doe. Notary Pu —) personally appeared keds k v , 'sem, Namara of Siynerta) 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/sla� executed the same in his/ILieir authorized capacity(ies), and that by his/faer/their' signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public w OPTIONAL ` Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment or this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ ❑ ❑ ❑ ❑ Individual. Corporate Officer — Title(s): _ Panner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other:_ Signer Is Representing: Number of Pages: MUT—THaMBPR�I,t C'e�"'4F S1G�7eHH ,v 1999 National Notary A6mciation•9350 De Soto Ave -Pro, Box 2402•UbatroathProd No. 5907 Reorder: call Toll Free 1808-8756827 i f � 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/sla� executed the same in his/ILieir authorized capacity(ies), and that by his/faer/their' signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public w OPTIONAL ` Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment or this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ ❑ ❑ ❑ ❑ Individual. Corporate Officer — Title(s): _ Panner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other:_ Signer Is Representing: Number of Pages: MUT—THaMBPR�I,t C'e�"'4F S1G�7eHH ,v 1999 National Notary A6mciation•9350 De Soto Ave -Pro, Box 2402•UbatroathProd No. 5907 Reorder: call Toll Free 1808-8756827 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 2011-2012 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 5087 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 5087 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 TWcn+y, F;ve @ ThevsQ r d Dollars and Ze(a Cents Per Lump Sum 2. Lump Sum Traffic Control A4fy - seven @ ThausDollars and Zeto Cents Per Lump Sum 3. 4,000,000 S.F. Type I Slurry Seal @ zero Dollars and Yen Cents $ U.10 Per Square Foot 4. 200,000 S.F. Asphalt Based Sealcoat (Parking Lots) @ Ze f o Dollars and F'j6 '¢n Cents $ 0.14 Per Square Foot $ ;t S,000.00 $ 57,ouo.00 $ 1100, 000.00 $ 3('0000 ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE TOTAL PRICE 5. Lump Sum Crack Sealing 71.en4y _,,,yAc @ Th&Hsmwd Dollars and 'Zero Cents $ 29,000.00 Per Lump Sum 6. Lump Sum Install Pavement Striping and Markings ONE Monolred @ For+y Thootm%A Dollars and zero Cents $ryB,oau. va Per Lump Sum TOTAL PRICE IN WRITTEN WORDS 5;X 14wndred Eah4y _Seen 711owsA.A Dollars and Zero Cents ✓,4141 Date Bidder's Telephone and Fax Numbers $ W7.Uvv.o Total Price (Figures) Bidder Vee P6% l Bi der's Authorized Signature and Title e4l�plf �rr/ /�W/ '14- ,g Bidder's License No(s). Bidder's Address and Classification (s) / Bidder's email address: �!/J�g V 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 11-12 CITYWIDE SLURRY SEAL CONTRACT NO. 5087 INTRODUCTION 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 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 PROTECTIONS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6-1.1 Construction Schedule 6-7 TIME OF COMPLETION 6-7.1 General 6-7.2 Working Days 6-7.4 Working Hours 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 6-9 LIQUIDATED DAMAGES 4 6-11 SEQUENCE OF CONSTRUCTION 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 5 7-1.2 Temporary Utility Services 5 7-7 COOPERATION AND COLLATERAL WORK 6 7-8 PROJECT SITE MAINTENANCE 6 7-8.4.3 Storage of Equipment and Materials in Public Streets 6 7-8.6 Water Pollution Control 6 7-8.6.2 Best Management Practices (BMPs) 7 7-8.7.2 Steel Plates 7 7-10 PUBLIC CONVENIENCE AND SAFETY 7 7-10.1 Traffic and Access 7 7-10.3 Street Closures, Detours, Barricades 8 7-10.4 Public Safety 8 7-10.4.1 Safety Orders 8 7-10.5 "No Parking" Signs 9 7-10-6 Notice to Residents 9 7-15 CONTRACTOR LICENSES 9 SECTION 9 MEASUREMENT AND PAYMENT 10 9-3 PAYMENT 10 9-3.1 General 10 9-3.2 Partial and Final Payment 11 PART 2 ---CONSTRUCTION MATERIALS SECTION 203 BITUMINOUS MATERIALS 11 203-5.2 EMULSION -AGGREGATE SLURRY 11 203-5.2 Materials 11 203-9 SEALCOAT-ASPHALT BASED 12 203-9.1 General 12 SECTION 214 PAVEMENT MARKERS 12 214-4 NONREFLECTIVE PAVEMENT MARKERS 12 214-5 REFLECTIVE PAVEMENT MARKERS 12 PART 3 ---CONSTRUCTION METHODS SECTION 300 EARTHWORK 12 300-1 CLEARING AND GRUBBING 12 300-1.3 Removal and Disposal of Materials 12 SECTION 302 ROADWAY SURFACING 13 302-4 EMULSION -AGGREGATE SLURRY 13 302-4.3 Application 13 302-4.3.1 General 13 302-4.3.2 Spreading 13 302-4.3.3 Field Sampling 13 SECTION 310 PAINTING 13 310-5 PAINTING VARIOUS SURFACES 13 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 13 310-5.6.6 Preparation of Existing Surfaces 13 310-5.6.7 Layout, Alignment and Spotting 14 310-5.6.8 Application of Paint 14 310-5.6.11 Pavement Markers 15 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 15 312-1 PLACEMENT 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 2011-2012 CITYWIDE SLURRY SEAL CONTRACT NO. 5087 INTRODUCTION SP 1 OF 15 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -6027-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2 ---SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of (1) distributing construction notices to affected businesses and residents, (2) clearing existing pavement surfaces of debris, soils, and other loose materials, (3) removing existing traffic striping, pavement markings, and raised pavement markers, (4) crack sealing, (5) placing emulsion aggregate slurry seal, (6) placing seal coat, (7) installing new traffic striping, pavement markings, and raised pavement markers, and other incidental items of work necessary to complete the work in place." 2-9 SURVEYING 2-9.1 Permanent Survey Markers. Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey SP 2 OF 15 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 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 SP3OF15 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 3`d paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 5-2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." SECTION 6 ---PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6-7, shall commence on the date of the 'Notice to Proceed.' 6-1.1 Construction Schedule. Add the following between the first and second paragraphs of this section: No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of SP 4 OF 15 completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6-7 TIME OF COMPLETION 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 60 consecutive working days after the date on the Notice to Proceed. 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 1st (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4tH the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24tH (Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." 6-7.4 Working Hours. Normal working hours are limited to 8:00 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 SP5OF15 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 6-11 SEQUENCE OF CONSTRUCTION A. Work shall begin on Isabella Terrace in the Corona Highlands community. This will be a test area in order for the contractor to demonstrate proper slurry sealing and acceptable mix design. Lab results will be required before continuation of work. If test results are not favorable, the contractor will need to re -slurry the test area until the slurry and mix design meet specifications. B. Corona Highlands and Cameo Highlands shall be completed prior to mobilizing to Harbor View Hills South, then Pelican Hill Road, Newport Ridge Drive, Ridge Park Road & Vista Ridge Road, Harbor View Hills South and lastly to Corona Del Mar. C. Sealcoating and striping work for the following park parking lots will only be allowed on the dates listed below to minimize impacts with the City of Newport Beach Recreation & Senior Services scheduled classes and sporting events. 1. Grant Howald Park — June 8th & 15th (after 8:30 a.m. to avoid school traffic at Harbor View Elementary). 2. San Joaquin Hills Park — June 14th & 15th 3. Coastal Peak Park—June 11th & 18th 4. Newport Coast Community Center — August 27th thru 30th (work will be phased so that Y2 of the lot remains open at all times). 5. Los Trancos Canyon Park — June 12th & 1 gtn D. Sealcoating and striping work for the Police Department Parking Lot shall be scheduled Monday thru Wednesday's only and will be phased so that '/2 of the lot remains open at all times. E. Sealcoating and striping work for the Corona Del Mar Library Parking Lot shall be scheduled on Monday's only. SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 7-1.2 Temporary Utility Services. Add to this end of this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $857 SP 6 OF 15 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water" 7-7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shutdown of water and/or sewer facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. The City must approve any nighttime work in advance. It is the Contractor's responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down." 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 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 SP7OF15 comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs). Add to this section: The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-8.7.2 Steel Plates. "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas SP 8 OF 15 of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." 7-10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. 5. The contractor shall provide appropriate signage and safe detours for bicyclists in and around construction project. The contractor shall also restore pavement markings along designated bikeways to their original conditions as soon as possible. 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. SP 9 OF 15 The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." Add the following Section 7-10.5 "No Parking" Signs 7-10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 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. "7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" Engineering or a "C-12" Contractor's License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. SECTION 9 ---MEASUREMENT AND PAYMENT 9-3 PAYMENT SP 10 OF 15 9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA Markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes, if required, preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, , signs, cones, barricades, flashing arrow boards and changeable message signs, K -rail, temporary striping, 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 Type I Slurry Seal: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to preparing the roadway surface, removing existing traffic striping and pavement markings, protecting raised pavement markers, providing slurry test report only when initial test results do not meet specifications, placing Type I slurry seal, and all other work items as required to complete the work in place. Item No. 4 Asphalt Based Sealcoat (Parking Lots): Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to preparing the roadway surface, removing existing traffic striping and pavement markings, protecting raised pavement markers, providing sealcoat test report only when initial test results do not meet specifications, placing two coats of asphalt based sealcoat, and all other work items as required to complete the work in place. Item No. 5 Crack Seal: Work under this item shall include routing out the crack, applying a soil sterilizer, crack sealing of the existing asphalt roadway to be resurfaced SP 11 OF 15 with a hot -applied crack sealant (Deery 200 product by Crafco or approved equal), applying an asphaltic tack coat to the roadway and all other work items as required to complete the work in place. Contractor will be required to fill all cracks greater than 1/4" in street areas, and all cracks greater than 1/8" in parking lots. Item No. 6 Install Pavement Striping and Markings: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for removal of existing striping, installing temporary and permanent pavement striping, markings, and protecting raised pavement markers. Striping shall match existing conditions, and be sprayable thermoplastic. New raised pavement markers must be placed if the existing raised pavement markers are missing or damaged. 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 203 --- BITUMINOUS MATERIALS 203-5 EMULSION -AGGREGATE SLURRY 203-5.2 Materials. Replace 1) with the following: "Emulsified asphalt shall be of a quick -set type. It shall be cationic unless otherwise specified and shall conform to the requirements of CQS-1 h of 203-1.3 (Test Reports and Certification), 203-3.2, and to the following specifications when tested according to appropriate ASTM Methods: Minimum Maximum Furol Viscosity at 77 degrees F sec. 15 50 Sieve Test 0.10 Residue from distillation. % 60 80 Penetration of Residue at 77 degrees F 40 75 Particle Charge Test Positive Replace 2) with the following: "ADDITIVES: Latex - Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company, Inc., or equal approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion SP 12 OF 15 plant at the rate of 2'Y2 percent of weight of the emulsified asphalt. Latex- added emulsified asphalt shall be kept in a suspended state by an agitating mixer and mixed every three days. Materials testing shall be performed as directed by the Engineer." Replace in Table 203-5.2 (B): Sand Equivalent shall range from a value of 55 to a value of 45." 203-9 SEALCOAT-ASPHALT BASED 203-9.1 General Add to this Section: "Asphalt based sealcoat product shall be as manufactured by GuardTop or approved equal." SECTION 214 --- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non -reflective pavement markers types A and AY shall be ceramic." 214-5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass -covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 ---EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Add to this Section: 'Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://newportbeachca.govlindex.aspx?page=157 and then selecting the link Franchised Haulers List." SP 13 OF 15 SECTION 302 ---ROADWAY SURFACING SECTION 302-4 EMULSION -AGGREGATE SLURRY 302-4.3 Application 302-4.3.1 General. Add to this section; "Type I slurry shall be applied at the rate of 9.5 pounds per square yard. At all intersections where the intersecting street does not receive a slurry seal, slurry seal application shall end along a projection of the edge of gutter (or curb face if no gutter exists) of the intersecting street unless otherwise directed by the Engineer." 302-4.3.2 Spreading. Replace the first sentence of the second paragraph with, "Slurry seal shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. on the same day. In case of damage done by vehicles and/or pedestrians upon slurry that has not been sufficiently cured by 3:00 p.m., the Contractor shall replace all of the damaged work at the Contractor's expense and no additional compensation shall be made by the City. Upon the completion of the day's slurry, street or parking lot shall be temporary striped. Final striping shall be installed no more than ten (10) working days after placement of slurry." Replace the first sentence of the third paragraph with, "Prior to the slurry application, the Contractor shall clean all work surfaces and remove all loose materials, vegetation, oil, and other foreign material. Additionally, all weeded locations shall be treated by an approved weed -killer before any slurry shall be applied." 302-4.3.3 Field Sampling. Add this section: "Upon the Engineer's direction, the Contractor shall slurry seal test sections within the construction limits for each batch of slurry mix. The Contractor shall apply the slurry test sections as directed by the Engineer. No slurry shall be applied until the test slurry sections have been approved by the Engineer. The costs of these slurry tests shall be included in the contract price paid for slurry seal and no additional compensation shall be made by the City to the Contractor. Field samples that do not meet the requirements of Table 301-4.2.2 (A) shall be re -tested. The Contractor shall be responsible for all cost associated with the re -testing." 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 SP 14 OF 15 pavement markings prior to application of slurry seal by a method approved by the Engineer." 310-5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310-5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.25 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the 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." SP 15 OF 15 Add the following Section: "310-5.6.11 Pavement Markers. "All Pavement markers shall comply with Section 85 of the State of California Standard Specifications. Non -reflective markers shall be ceramic. All new markers shall have glass faces or be 3M series 290." SECTION 312 --- PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD -902-L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." F:\Users\PBMShared\Contracts\FY 11-12\C-5087 11-12 Slurry Seal Program\Specs C-5087.doc CERTIFICATE OF INSURANCE CHECKLIST City of Newpon Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 5-16-12 Dept./Contact Received From: Shari Rooks Date Completed: 5-17-12 Sent to: Shari By: Joel Company/Person required to have certificate: American Asphalt South, Inc. Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 12-31-11/12-31-12 A. INSURANCE COMPANY: Financial Pacific Ins. Company B. AM BEST RATING (A-: VII or greater): A: VIII C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 1,000,000/2,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does N/A F. not apply to Waste Haulers or Recreation) A Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND ® N/A ❑ Yes ❑ No G. COMPLETED OPERATIONS ENDORSEMENT (completed ❑ N/A ❑ Yes ® No H. Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 13-31-11/12-31-13 A. INSURANCE COMPANY: Financial Pacific Ins. Company B. AM BEST RATING (A-: VII or greater) A: VIII C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No 111. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 1-01-12/1-01-13 A. INSURANCE COMPANY: Everest National 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 ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: f/A � 5-17-12 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® 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: Approved: Risk Management Date " Subject to the terms of the contract. or COVERAGES CERTIFICATE NUMBER: 1841085311 REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDDIYYYY) 5/8/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER InterWe St Insurance Services License #OB01094 P.O. Box 255188 NAME: Candy Leifker PHONE FAX ac No Exl:916-602-8916 AIC, No): 6- 79-7516 E-MAIL ADDRESS: cleifker@iwins.com Sacramento CA 95865-5188 PRODUCER CUSTOMER Da, AMER122 INSURERS) AFFORDING COVERAGE NAIC# 12/31/2011 INSURED American Asphalt South, Inc. 14436 Santa Ana Avenue INSURERA: Financial Pacific Ins Company 31453 INSURER B: Everest National Insurance Co. 10120 INSURERC: Fontana CA 92337 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1841085311 REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL INSR SUER WVO POLICVNUMSER POLICY EFF MMJDDIYYYYl POLICY EXP MM/DDIYYYV LIMITS A GENERAL LIABILITY Y 180632C 12/31/2011 12/31/2012 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LABILITY DAMAGET PREMISES EaoccurD noe $100,000 CLAIMS -MADE FTIOCCUR MED EXP(Any one repo) $5,000 PERSONAL B ADV INJURY $1,000,000 X Contractual Liab X $1,000 Dad. GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OPAGG $2,000,000 POLICYF X7 PRO- JECT OC $ A AUTOMOBILE LIABILITY Y 1806320 12/31/2011 12/31/2012 COMBINED SINGLE LIMIT $1,000,000 (Ea arcidenB X ANYAUTO BODILY INJURY (Per Person) $ ALLOWNEDAUTOS BODILY INJURY (Per amident) $ X SCHEDULED AUTOS HIREDAUTOS PROPERTY DAMAGE (Per asBenB $ S X PION-OWNEDAUTOS X Ded $0 unless Comp/C.11 I $ A UMBRELLALIAB X OCCUR 9240280 12/31/2011 12/31/2012 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 X EXCESS LIAB CLAIMS -MADE DEDUCTIBLE $ $ X RETENTION $none s WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTPEWEXECUTIVE❑ Y 7600006462121 1/1/2012 1/1/2013 X WC STATU- OTH- TORY OMITS ER E.L. EACH ACCIDENT $1,000,000. OFFICER/MEMBER EXCLUDED? NIA EL. DISEASE - EA EMPLOYEEJ $1,000,000 (Mandatory in NH) It yes, describe unler DESCRIPTION OF OPERATIONS bebw EL DISEASE - POLICY LIMIT 1 $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: 11-12 CITYWIDE SLURRY SEAL CONTRACT #5087. CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, AGENTS, OFFICIALS, EMPLOYEES, VOLUNTEERS NAMED AS ADDITIONAL INSURED (GL/AUTO), PRIMARY WORDING, WC WAIVERS ATTACHED. City of Newport Beach, Public Works Department 3300 Newport Blvd. Newport Beach CA 92658-8915 SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZ ED REPRESENTATIVE (OJ 1988-ZU09 AUUHU CUHPUHAI ION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 180632C COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: RE: 11-12 CITYWIDE SLURRY SEAL CONTRACT #5087. CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, AGENTS, OFFICIALS, EMPLOYEES, VOLUNTEERS NAMED AS ADDITIONAL INSURED (GL/AUTO), PRIMARY WORDING, WC WAIVERS ATTACHED. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization is held liable for "your work" for that person or organization by or for you. This endorsement applies to the following work: Description of Job: see Above ]Location of Job: See Above Al only Effective from: Effective Date: 12/31/2011 Expiration Date: 12/31/2012 When this endorsement applies, such insurance as is afforded by the general liability policy is primary and any other insurance shall be excess and shall not contribute to the insurance afforded by this endorsement. CG 20 10 11 85 Modified (07-01) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER:180632C ASDA AU 07 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE NAMED INSURED: American Asphalt South, Inc. 14436 Santa Ana Avenue Fontana CA 92337 ADDITIONAL INSURED:RE: 11-12 CITYWIDE SLURRY SEAL CONTRACT #5087. CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, AGENTS, OFFICIALS, EMPLOYEES, VOLUNTEERS NAMED AS ADDITIONAL INSURED (GL/AUTO), PRIMARY WORDING, WC WAIVERS ATTACHED. WHO IS AN INSURED (SECTION II) is amended to include as an insured the organization shown in the Schedule above, but only with respect to the operation of vehicles owned by the named insured and operated on behalf of the named insured. This endorsement does not apply to any operations for other than the named insured. Each person or organization named above is an insured for liability coverage, but only to the extent that person or organization qualifies as an insured under the Who Is An Insured provision of Section II Liability Coverage, The additional insured is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium, if applicable, declared by us shall be paid to you. You are authorized to act for the additional insured in all mailers pertaining to this insurance. We will mail the additional insured notice of any cancellation of this policy. If the cancellation is by us, we will give thirty days notice to the additional insured. The additional insured will retain any right of recovery as a claimant under this policy. ASDA AU 07 01 Pagel of 1 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAWER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENTCALIFORNIA - This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 5/8/2012 at 12:01 A.M. standard time, forms a part of (DATE) Policy No.7600006462121 Endorsement No. ofthe Everest National Insurance Co. issued to American Asphalt South, Inc. / Premium (if any) $ t!ll� (NAME OF INSURANCE COMPANY) Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be '% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS AND/OR ORGANIZATIONS THAT REQUIRE A WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Pagel of 1 ILei CITY OF .�_' < <��L�I1�_�I ?Lois •'•4�IPP�I Agenda Item No. 6 May 8, 2012 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949-644-3311, sbadum@newportbeachca.gov PREPARED BY: Alfred Castanon, Associate Civil Engineer APPROVED: 8 TITLE: FY 11-12 Citywide Slurry Seal Program -Award of Contract No. 5087 ABSTRACT: Staff received construction bids for the FY 11-12 Citywide Slurry Seal project and is requesting City Council's approval to award the work to American Asphalt South, Inc. RECOMMENDATIONS: 1. Approve the project drawings and specifications. 2. Award Contract No. 5087 to American Asphalt South, inc., for the Total Bid Price of $687,000 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $34,350 (5%) to cover the cost of unforeseen work not included in the original contract. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding in the following account for the award of this contract. The following funds will be expensed: Account Description Account Number Amount General Fund 7013-C2001011 $ 741,200.00 Total: $ 741,200.00 r FY 11-12 Citywide Slurry Seal Program- Award of Contract No. 5087 May 08, 2012 Page 2 Proposed uses are as follows: Vendor American Asphalt South, Inc. American Asphalt South, Inc. GMU Geotechnical, Inc. DISCUSSION: Purpose Construction Contract $ Construction Contingency $ Materials Testing $ Amount 687,000.00 34,350.00 19, 850.00 Total: $ 741,200.00 At 10:00 A.M. on April 19, 2012, the City Clerk opened and read the following bids for this project: The low total bid amount is 6 percent below the Engineer's Estimate of $727,500. The low bidder, American Asphalt South, Inc., possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for the City of Newport Beach and other public agencies. The work necessary to complete this contract consists of distributing construction notices to affected businesses and residents, clearing existing pavement surfaces of debris, soils, and other loose materials, removing existing traffic striping, pavement markings, and raised pavement markers, placing emulsion aggregate slurry seal and sealcoat, installing new traffic striping, pavement markings, and raised pavement markers, and other incidental items of work necessary to complete the work in place. Pursuant to the Contract Specifications, the Contractor will have 60 consecutive working days to complete the work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 (c) (minor alterations of existing public facilities with negligible expansion of the facilities) of the CEQA BIDDER TOTAL BID AMOUNT Low American Asphalt South, Inc. $687,000.00 2nd Roy Allen Slurry Seal, Inc. $734,990.00 3rd All American Asphalt $843,000.00 4th Valley Slurry Seal Company $863,688.00 5th Pavement Coatings Company $921,766.00 6th Doug Martin Contracting Co., Inc. $951,545.00 7th Western Pavement Solutions $1,066,200.00 The low total bid amount is 6 percent below the Engineer's Estimate of $727,500. The low bidder, American Asphalt South, Inc., possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for the City of Newport Beach and other public agencies. The work necessary to complete this contract consists of distributing construction notices to affected businesses and residents, clearing existing pavement surfaces of debris, soils, and other loose materials, removing existing traffic striping, pavement markings, and raised pavement markers, placing emulsion aggregate slurry seal and sealcoat, installing new traffic striping, pavement markings, and raised pavement markers, and other incidental items of work necessary to complete the work in place. Pursuant to the Contract Specifications, the Contractor will have 60 consecutive working days to complete the work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 (c) (minor alterations of existing public facilities with negligible expansion of the facilities) of the CEQA FY 11-12 Citywide Slurry Seal Program- Award of Contract No. 5087 May 08, 2012 Page 3 Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The Notice Inviting Bids for this project was advertised in the City's official publication and in construction industry publications. Ten days prior to starting work, a City prepared notice will be distributed by the contractor to businesses and residents within the project limits advising them of the pending work. Additionally, a second notice will be distributed by the contractor to businesses and residents two days before work will start adjacent to their property. Submitted by: Attachments: A. Project Location Maps x U3 Z OJ JOHN WAYNE J VICINITY MAP NOT TO SCALE OPROJECT LOCATION CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2011-2012 CITYWIDE SLURRY SEAL PROGRAM 'PATRICK L. ARCINIEGA No.70740 Exp. 06/30113 SENIOR CIVILQNGINEER DATE R.C.E. 70740 12 N.T.S. 1 OF HLG C-5087 I R -6027-S LIMITS OF SLURRY SEAL N %r@TrT@-T,VAm.wffLq:IIe\DIBL9 & CAMEO HIGHLANDS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2011-2012 CITYWIDE SLURRY SEAL PROGRAM SENIOR CIVILQFNGINEER DATE R.C.E. 70740 C-5087 I R -6027-S R m m m m m m m y L1�11,1191, it♦l (SEE SHEET 2)YOUTH CENTER v CIVIL qrE LIMITS OF SLURRY SEAL HARBOR VIEW HILLS Of CA\AF�Q� CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT SENIOR CIVILI,,FINGINEER DATE 2011 20 R.C.E. 70740 - 12 CITYWI®E SLURRY SEAL PROGRAM N.T.S.1 4 OF L C-5087 R -6027-S 0 o� PP SAN JOAQUIi� HARBOR VIEW LIMITS OF SLURRY SEAL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2011-2012 CITYWIDE SLURRY SEAL PROGRAM HILLS SOUTH 'PATRICK L. ARCINIEGA No. 70740 Exp. 06130113 APPROVED SENIOR CIVIL � NIER DATE R.C.E. 70740 N.T.S. 1 5 OF 15 C-5087 I R -6027-S rA CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT SENIOR CIVIL GINEER DATE 2011-2012 CITYWIDE R.C.E. 70740 3 SLURRY SEAL PROGRAM DATE SCALE SHEET m 0,3/29/121 N.T.S. 6 OF 75 DRAWN HLG C-5087 I R-6027-S i to LIMITS OF SLURRY SEAL NEWPORT COAST - COMMUNITY CENTER NEWPORT RIDGE DRIVE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2011-2012 CITYWIDE SLURRY SEAL PROGRAM APPROVED SENIOR CIVIL GINEER DATE R.C.E. 70740 N.T.S. 7 OF 15 C-5087 R -6027-S I v v i i i. I.v I� I wi w CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT SENIOR CIVIL GINEER DATE 2011-2012 CITYWIDE R.C.E 70740 SLURRY SEAL PROGRAM DRAW -03/29/12 N.T.S. 8 OF HLc I C-5087 I R -6027-S RA r r L 1 U 1 X ll x I 1! l\ 1% I I VV L V I CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2011-2012 CITYWIDE SLURRY SEAL PROGRAM APPROVED SENIOR CIVIL GINEER DATE R.C.E. 70740 HLGI C-5087 I R -6027-S .h r-rlrcrMrvlJ LU i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2011-2012 CITYWIDE SLURRY SEAL PROGRAM APPROVED SENIOR CIVIL GINEER DATE R.C.E. 70740 N,T.S.j 12 OF 15 C-5087 I R -6027-S LUVVC CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2011-2012 CITYWIDE SLURRY SEAL PROGRAM rtAMI IINJU LU I SENIOR CIML GINEER DATE R.C.E. 70740 HLGI C-5087 I R -6027-S I-1 ,'I CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2011-2012 CITYWIDE SLURRY SEAL PROGRAM t'AKKINU LU 1 SENIOR CIVIL GINEER DATE R.C.E. 70740 C-5087 I R -6027-S 14