HomeMy WebLinkAboutC-8273-1 - 2016-2017 Slurry Seal ProgramSeptember 12, 2018
American Asphalt South, Inc.
Attn: Lyle Stone
14436 Santa Ana Avenue
Fontana, CA 92337
Subject: 2016-2017 Slurry Seal Programs — C-8273-1
Dear Mr. Stone:
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 I 949-644-3039 FAX
newportbeachca.9ov
On September 12, 2017, the City Council of Newport Beach accepted the work for the
subject project and authorized the City Clerk to file a Notice of Completion, to release
the Labor & Materials Bond 65 days after the Notice of Completion had been recorded
in accordance with applicable portions of the Civil Code, and to release the Faithful
Performance Bond one year after Council acceptance.
The Notice of Completion was recorded by the Orange County Recorder on
September 13, 2017 Reference No. 2017000389037. The Surety for the contract is
The Guarantee Company of North America USA and the bond number is 12142870.
Enclosed is the Faithful Performance Bond.
Sincerellyy,�,,II'' J. V1
jWMA
Leilani I. Brown, MMC
City Clerk
Enclosure
*:cll:111111111_�
CITY OF NEWPORT BEACH
BOND NO. 12142870
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 3,792.00 , being at the
rate of $ 7.00 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
American Asphalt South, Inc. hereinafter designated as the "Principal," a contract for
(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; and (7) installing
new traffic striping, pavement markings, and raised pavement markers, and other
incidental items of work necessary to complete the work in place in the City of Newport
Beach, in strict conformity with the Contract on file with the office of the City Clerk of the
City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and The Guarantee Company
of North America USA , 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 Five
Hundred Fifty Eight Thousand Four Hundred Ninety Four Dollars and 00/100
Dollars ($558,494.00) 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.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
American Asphalt South, Inc. Page B-1
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 31 day of March —'20 17.
American Asphalt South, Inc.
Name of Contractor (Principal)
The Guarantee Company of
North America USA
Name of Surety
One Towne Square, Suite 147C
Southfield, MI 48076
Address of Surety
(925) 566-6040
Telephone
APPROVED AS TO FORM:
CITY ATT
pj2N�Y'S OFFICE
Date: jj//ll 17
0
Aaron C. Harp
City Attorney
VWXi —
Author eii; I�ucreQ&I/
Authorized Agent Signature
Sara walliser, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
American Asphalt South, Inc. Page B-2
ACKNOWLEDGMENT
[A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached. and not the truthfulness, accuracy, or
alidi of that document.
State of California
County of San Bernardino
On f��,� , �� 7 before me, Richard Entrikin - Notary
(insert name and title of the officer)
personally appeared Jeff Petty
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/-%heGlteyexecuted the same in
his/h&FUJI & authorized capacity(ies), and that by his/beFab4ak signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
RICHARD ENTRIKIN '
COMM. # 2029943
WITNESS m hand and official seal.
y •NOTARY PUBLIC.CAIJFORNIAr
SAN BERNARDINO COUNTY
My Comm. Expires July 13, 2017
Signatures (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of }ss.
On , 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of Butte } ss.
On March 31 20 17 before me, Elizabeth Collodi, Notary Public
Notary Public, personally appeared Sara walliser
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. ,...,�_.....
i%.1/I % %///�
ELIZABETH COLLODI I[
fn _ COMM. # 2056602 D
NOTARY PUBLIC CALIFORNIA p
COUNTY OF BUTTE we
Comm. Expires FEB. 1. 2018 IC
(CP I\ C
American Asphalt South, Inc. Page B-3
THE The Guarantee Company of North America USA
GUARANTEE" POWER OF ATTORNEY Southfield, Michigan
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
Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Collodi, Bobbie Beeny, Nancy Ludenbacher, Phillip O. Watkins, Keith T. Schuler, Melissa D. Diaz,
Shawna Johnson, Mindy Whitehouse, Jennifer Lakmann, Sara Walliser, John J. Weber, Stephanie Agapoff
InterWest Insurance Services, LLC
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 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 3111 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 Atlorney(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 Attomey 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 2"d day of October, 2015.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
e
STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer
County of Oakland
Randall Musselman, Secretary
On this 2nd day of October, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me
duly swom, 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
My Commission Expires February 27, 2018
P
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.
y�xFFF� IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 31 day of March 2017
"+xs Randall Musselman, Secretary
November 17, 2017
American Asphalt South, Inc.
Attn: Lyle Stone
14436 Santa Ana Avenue
Fontana, CA 92337
Subject: 2016-2017 Slurry Seal Program C-8273-1
Dear Mr. Stone:
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1949-644-3039 FAx
newportbeachca.gov
On September 12, 2017 the City Council of Newport Beach accepted the work for the
subject project and authorized the City Clerk to file a Notice of Completion, to release the
Labor & Materials Bond 65 days after the Notice of Completion had been recorded in
accordance with applicable portions of the Civil Code, and to release the Faithful
Performance Bond one year after Council acceptance.
The Notice of Completion was recorded by the Orange County Recorder on
September 13, 2017, Reference No. 2017000389037. The Surety for the bond is The
Guarantee Company of North America USA and the bond number is 12142870. Enclosed
is the Labor & Materials Payment Bond.
Sincerely,
Leilani I. Brown, MMC
City Clerk
Enclosure
Premium: Included in
EXHIBIT A Performance Bond
CITY OF NEWPORT BEACH
BOND NO, 12192870
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
American Asphalt South, Inc. hereinafter designated as the "Principal," a contract for
(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, in the City of Newport
Beach, in strict conformity with the Contract on file with the office of the City Clerk of the
City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and, The Guarantee
Company of North America USA duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as
"Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Five
Hundred Fifty Eight Thousand Four Hundred Ninety Four Dollars and 00/100
Dollars ($558,494.00) 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 attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
American Asphalt South, Inc. Page A-1
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 31 day of March —'20 17.
American Asphalt South, Inc.
Name of Contractor (Principal)
The Guarantee Company of
North America USA
Name of Surety
One Towne Square, Suite 150
Southfield, MI 48076
Address of Surety
(925) 566-6040
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date-
By:
ate:By`=G
Aaron C. Harp AAW -I.7•; '7
City Attorney
Author e40' yi�ure, le.
Authorized Agent Signature
Sara Walliser, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
American Asphalt South, Inc. Page A-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Bernardino
On before me, Richard Entrikin - Notary
�- (insert name and title of the officer)
personally appeared Jeff Petty
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/@,C&
subscribed to the within instrument and acknowledged to me that he/—&heaj+eyexecuted the same in
his/h&FaJbeif authorized capacity(ies), and that by his/he43hAak signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of 'the State of California that the foregoing
paragraph is true and correct.
RICHARD ENTRIKIN
WITNESS my hand and official seal.COMM. # 2029943
Z -
"NOTARY P11R1 Ir_cel ¢nonun2
Signature nae< / (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of Butte } ss.
On March 31 20 17 before me, Elizabeth Collodi, Notary, Public
Notary Public, personally appeared Sara Walliser
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 lcial s al.
Signature
ELIZABETH COLLO- I
COMM. 8 2056602 a
a.. `
NOTARY PUBLIC CALIFORNIA y
C COUNTY OF BUTTE w
"WEB. WEB. 1, 2018
American Asphalt South, Inc. Page A-3
THE The Guarantee Company of North America USA
GUARANTEEm 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
Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Collodi, Bobbie Beery, Nancy Luttenbacher, Phillip O. Watkins, Keith T. Schuler, Melissa D. Diaz,
Shawna Johnson, Mindy Whitehouse, Jennifer Lakmann, Sara Walliser, John J. Weber, Stephanie Agapoff
InterWest Insurance Services, LLC
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 -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.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has mused this instrument to be signed and
its corporate seal to be affixed by its authorized officer, this 2"d day of October, 2015.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
14*, ll
STATE OF MICHIGAN Stephen C. Ruschak, President 8 Chief Operating Officer
County of Oakland
Randall Musselman, Secretary
On this 2nd day of October, 2015 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
---•tY,e�� 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 31 day of March 2017
�b9�z,df Randall Musselman, Secretary
Document -3 948726 -Page -1
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Page I of 1
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
IIIIIIIII]III 111111111111111111111111I11111111111111111I1111111111111111 NO FEE
-$ R 0 0 0 9 5 5 8 1 3 7$-
2017000389037 2:34 pm 09113117
90 SCS N12 F73 1
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive,
Newport Beach, California, 92660, as Owner, and American Asphalt South, Inc., Fontana,
California, as Contractor, entered into a Contract on March 28, 2017. Said Contract set
forth certain improvements, as follows:
2016-2017 Slurry Seal Program C-8273-1
Work on said Contract was completed, and was found to be acceptable on
September 12, 2017 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.
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 U W IG►rl I ✓, VI r at Newport Beach, California.
about:blank 09/13/2017
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive,
Newport Beach, California, 92660, as Owner, and American Asphalt South, Inc., Fontana,
California, as Contractor, entered into a Contract on March 28, 2017. Said Contract set
forth certain improvements, as follows:
2016-2017 Slurry Seal Program C-8273-1
Work on said Contract was completed, and was found to be acceptable on
September 12, 2017 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.
I. 19- e,
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
�eTExecuted on at Newport Beach, California.
BY `
City Cler
t.
l�
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids shall be submitted via PlanetBids to office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
By 10:00 AM on the 28th day of February, 2017,
at which time such bids shall be opened and read for
2016-2017 SLURRY SEAL PROGRAM
Contract No. 8273-1
$ 700,000.00
Engineer's Estimate
Appr by
U
Marc Vukojevic
City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
http://www.planetbids.com/portal/portal.cfm?CompanylD=22078
Hard copy plans are available via
Mouse Graphics at (949) 548-5571
Located at 659 W. 19th Street, Costa Mesa, CA 92627
Contractor License Classification(s) required for this project: "A" or "C-12"
For further information, call Ben Davis, Project Manager at (949) 644-3317
City of Newport Beach
2016-2017 SLURRY SEAL PROGRAM
Contract No. 8273-1
TABLE OF CONTENTS
NOTICE INVITING BIDS..........................................................................................Cover
INSTRUCTIONS TO BIDDERS......................................................................................3
BIDDER'S BOND............................................................................................................5
DESIGNATION OF SUBCONTRACTOR(S)................................................................... 8
TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9
NON -COLLUSION AFFIDAVIT..................................................................... 13
DESIGNATION OF SURETIES......................................................................
14
CONTRACTOR'S INDUSTRIAL SAFETY RECORD ....................................................
15
ACKNOWLEDGEMENT OF ADDENDA.......................................................................
17
INFORMATION REQUIRED OF BIDDER.....................................................................
18
NOTICE TO SUCCESSFUL BIDDER...........................................................................
21
CONTRACT......................................................................................................................
LABOR AND MATERIALS PAYMENT BOND .............................................
Exhibit A
FAITHFUL PERFORMANCE BOND...........................................................
Exhibit B
INSURANCE REQUIREMENTS.................................................................Exhibit
C
PROPOSAL..............................................................................................................
PR -1
SPECIAL PROVISIONS............................................................................................
SP -1
KA
City of Newport Beach
2016-2017 SLURRY SEAL PROGRAM
Contract No. 8273-1
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received by the City
Clerk via PlanetBids in accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND
DESIGNATION OF SUBCONTRACTORS (Contractor shall also submit info via PlanetBids)
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO
BID OPENING DATE (if any; Contractorshall confirm via PlanetBids)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL (LINE ITEMS to be completed via PlanetBids)
The City Clerk's Office will open and read the bid results from PlanetBids immediately
following the Bid Opening Date (Bid Due Date.)
The Bid Results are immediately available to the public via PlanetBids following the Bid
Opening Date (Bid Due Date).
Members of the public who would like to attend this reading may go to Bay E, 2nc Floor of
the Civic Center (Located at 100 Civic Center Dr.) '
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price)
may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed
Bid" shall be clearly marked on the outside of the envelope containing the documents. Original
copies must be submitted to the City Clerk's Office.
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.
8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the contract. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703-4774, and requesting one from the Department of
Industrial Relations. All parties to the contract shall be governed by all provisions of the
California Labor Code — including, but not limited to, the requirement to pay prevailing wage
rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by
the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5
of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public
Contracts Code, "Subletting and Subcontracting Fair Practices Act".
10. No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)].
11. No contractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
12. This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual
authorized by the corporation. For partnerships, the signatures shall be of a general partner.
For sole ownership, the signature shall be of the owner.
The signature below represents that the above has been reviewed.
14137p JW VKe Ams.
Contractor's License No. & Classification A crized ignature/Title
xoxm06y5 &^YP Akly,�p
DIRReference Number &xpiratio�n�DateJxor-
Bidder
Date
City of Newport Beach
2016-2017 SLURRY SEAL PROGRAM
Contract No. 8273-1
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 amount bid------------------
----------------------------- mmmmm
--------------------------------------------------- E)ollars ($ 10% of Amount Bid) to he paid and forfeited to the City
of Newport Beach if the bid proposal of the undersigned Principal for the construction of
MASTER FORMAL CONTRACT, Contract No. 8273-1 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($) prescribed, including the required bonds, and original insurance certificates and
endorsements for the construction of the project within thirty (30) calendar days after the date of
the mailing of "Notification of Award", otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing this Bond as an individual,
it is agreed that the death of any such Principal shall not exonerate the Surety from its
obligations under this Bond.
Witness our hands this 13 day of �% February , 2017. �/ /� ' p
American Asphalt South, Inc. a Je'r`f' �GfM rlce )' s.
Name of Contractor (Principal)` Authorized Signaturefritle rr
The Guarantee Company
of North America USA
Name of Surety
One Towne Square, Suite 1470
Southfield, MI 48076
Address of Surety
(925) 566-6040
Telephone
Authorized Agent Signature
Sara_ Walliser, Attorney -in -Fact _
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
ACKNOWLEDGMENT
...............................................................................
State of California
County of ) ss.
On before me,
Public, personally appeared
Notary
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/shelthey 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.
**See Attached CA Notary Acknowledgment**
Signature
Ucaq
...............................................................................
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence,
Personally Known with Paper Identification
Paper Identification
— Credible Witness(es)
Thumbprint of Signer
0
❑ check here if
Capacity of Signer:
no thumbprint
Trustee
or fingerprint
_ `Power of Attorney
is available.
CEOICFO/C00
President I Vice -President I Secretary / Treasurer
Other.
Other Information:
0
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Butte
On February 13, 2017 before me, Elizabeth Collodi, Notary Public
(insert name and title of the officer)
personally appeared Sara Walliser
who proved to me on the basis of satisfactory evidence to be the person($) whose name(s) is/km
subscribed to the within instrument and acknowledged to me that he/she/lba�rexecuted the same in
his/her/iheicauthorized capacity(i*, and that by hWher/thWsignature(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. j� " ELIZABETH COLLODI ��
� e° COMM. # 2056602
. NOTARY PUBLIC CALIFORNIA N
COUNTY OF BUTTE u'
d ��Comm. Expires FEB. 1, 2
7�r newv
Signature
THE The Guarantee Company of North America USA
GUARANTEE" 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
Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Collodi, Bobbie Beery, Nancy Luttenbacher, Phillip O. Watkins, Keith T. Schuler, Melissa D. Diaz,
Shawna Johnson, Mindy Whitehouse, Jennifer Lakmann, Sara Walliser, John J. Weber, Stephanie Agapoff
InlerWesl Insurance Services, LLC
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:
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
To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below
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.
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 Bth 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.
rFf�Q 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 2"d day of October, 2015.
GS THE GUARANTEE COMPANY OF NORTH AMERICA USA
STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary
County of Oakland
On this 2nd day of October, 2015 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. Taker
Notary Public, State of Michigan
County of Oakland
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
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 13 day of February 2017
" Randall Musselman, Secretary
ACKNOWLEDGMENT
...............................................................................
State of Califorr}'�a
County of ,Lo l5cr na rli n o } ss.
On Feb„ aru a 1) (40 before me, Jeci '' iar �L C-, r"4 Notary
Public, persona appeared c Pt�A_U
proved to me on the basis of satisfactory evidence to be the person(K whose namew islwz
subscribed to the within instrument and acknowledged to me that he/she/tgeq executed the
same in his/her/their authorized capacity(iss), and that by his/heflttaen' signatures(sr on the
instrument the person(sy, or the entity upon behalf of which the personw 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
re
JERI MARIE GRANT
:<= CUMM. #k 2031882 z
�r NOTARY PUBLIC -CALIFORNIAN
Z o R�`� SAN eERNARnINO COUNTY
My Comm. Expires June 3n, 2JiT
(seal)
.r ....... r.....................................................................
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
_ Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
Thumbprint of Signer
❑ Check here if
no thumbprint
or fingerprint
is available.
City of Newport Beach
2016-2017 SLURRY SEAL PROGRAM
Contract No. 8273-1
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:FZRd/rty .ZA�e.
t5alc avidX74fe
Address :/rj4�%arrhYm�dr
/ �
/�
,/5�� tl1
r'plqi'
Phone: (%/�3�r-%DGy
7
r
State License Number: &M-4
DIR Reference: /M"Op/
Email Address:
Name: OcTtt} L SaL I
,ijfaV 7kroHVi /4.rh
Address Are ev. J�Ift�Y�tlM AW
and RAH'/ q•v1 z41X1/
Phone:
C j �lyail�o �6f
Aa►rjwn1 A1k1mF �
1�8�
/
State License Number: 8�f��epH9f
DIR Reference:,,./0"M-0'
Email Address:si6wvk .,-ojv
Name:
Address:
Phone:
State License Number:
DIR Reference:
Email Address
Awe" P&A4/1."Xic
Bidder Aut ized Signature/Title
8 7e A� legs, /Vire 141tea /
City of Newport Beach
2016-2017 SLURRY SEAL PROGRAM
Contract No. 8273-1
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. 1
Project Name/Number ie
Project Description ;VLe A4 SAny, Ckrk
Approximate Construction Dates: From 5e To:
Agency Name
Contact Person CGNJ 1/0Or f�' Telephone (fy�?1A/�g-d—1 —il ox
Original Contract Amount $181 y9"' final Contract Amount $ i(�f/ 079, 0 y
If final amount is different from original, please explain (change orders, extra work, etc.)
(co
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.
A61 A0.
0
No./2 l.��i!yV, �eC J/� / J�4t/ 14- T 4
Pro'ect Name/Number
v
Project Description _irQC- fArIJ, 7v -le X SSM
Approximate Construction Dates: From
.J.��/ To: em 'Pz/6
Agency Name 4:14 t, vee
Contact Person 4 Gr�lliPl Telephone
Original Contract Amount $/tibs8 Final Contract Amount $ %O��✓��9
If final amount is different from original, please explain (change orders, extra work, etc.)
(co 4W A11- aaal
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.
Ile,
No. 3
Project Name/Number
Project Description 4 -ole /I/
Approximate Construction Dates: From ��/� To: '74-r1..4,,0/7
Agency Name
Contact PersonAw/ A0411V Telephone
9
,�. l0
Original Contract Amount $ Final Contract Amount
If final amount is different from original, please explain (change orders, extra work, etc.)
&ao4hf rvo boder
Did you file any claims against the Agency? Did the Agency file any claims
against you/ ontractpr? If yes, briefly explain and indicate outcome of claims.
10
Project Name/Number:heel Afrarp4? 19iolelmnee /
Y 011401�)
Project Description eMd f l�ODryY�//l �%�ni' f� ✓Y /
Approximate Construction Dates: From �00 G To: V Dc,� 400/6
Agency Name G' OL"/'/'1 /?40 �1
Contact Person C2?)V W4 teVSYe1;0 Telephone (6/� y�.��—gi9Y
o
Original Contract Amount $23f�A7.OFinal Contract Amount $ OVOW/�y
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No.5 Qp ,�/ /
Project Name/Number /f ri'm/ � f�li'el S1 rn1 1�j9V7`/ _al
Project Description (wC .%M / ?OG -�
Approximate Construction Dates: From 401. Mo0l6 To: xm
Agency Name
i
Contact Person C ✓I Telephone
Original Contract Amount $ Final Contract Amount $
J
If final amount is different from original, please explain (change orders, extra work, etc.)
QL0144y haw Under I'mAtt/
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
Project Name/Number_ IY 11-49
,�(/ /��
Project Description �jOC � /t.CM ✓ r 4e-iJ19
Approximate Construction Dates: From To: ./0/01
Agency Name
Contact Person - ice 71yC1� Telephone Ob,J//, ?"-1490
"O 490
Original Contract Amount $ W�ft 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.
1410.
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.
11Wn014
Bidder thorized Signature/Title
12
EXPERIENCE RESUME
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 ASA
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 -PRESENT
PROJECT SUPERVISOR: JOSE SALINAS
EXPERIENCE: AMERICAN ASPHALT SOUTH, INC.
FROM 1998-2008 & 2010 TO PRESENT
PROJECT SUPERVISOR: DONATO FRANCO
EXPERIENCE: AMERICAN ASPHALT SOUTH, INC.
FROM 2016 TO PRESENT
PROJECT SUPERVISOR: ENRIQUE ROSALES
EXPERIENCE: AMERICAN ASPHALT SOUTH, INC.
FROM 2004 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
n I EWzael ;j =1 :L• 1 foj :� P l 4 10311 10=914p
EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2007 -PRESENT
City of Newport Beach
2016-2017 SLURRY SEAL PROGRAM
Contract No. 8273-1
NON -COLLUSION AFFIDAVIT
State of California )
)SS.
County of,/ )
%Pfd / /Xv beingy first duly syy��o(n, os and says that he or she is
Wee 1 A of 2WWWo nI/�O� TNS , the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that
party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a
false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder
or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid
price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that
of any other bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct.
A&r C,In WrAll.Q4 .lac Z Rite .�MlVef�
Bidder hiorized Signature/Title
Subscribed and sworn to (or affirmed) before me on this—a7 of rw 2017
by proved to me on the basis of
satisfactory evidence to be the per n(Wwho appeared before me.
I certify under PENALTY OF PERJURY under the laws of the State of California
foregoing paragraph is true and correct. 11-� .n n
Air
JERI MARIE GRANT Not
rcz,k OCOMM. # 2031882
Z
rA
Public
[SEAL]z RYPUBLIC - CALIFORNIA r J
`?r „ SAN BERNARDINO COUNTY
My Comm. Expires June 30, 2Jti My Co mission Expires: un Z 3� ao i
13
City of Newport Beach
2016-2017 SLURRY SEAL PROGRAM
Contract No. 8273-1
DESIGNATION OF SURETIES
Bidder's
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):
5oe /p��dChPr ,rhme/
14
BROKERS & SURETIES 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
ONE TIME SQUARE, SUITE 1470
SOUTHFIELD, MI 48076
(248)281-0281
INSURANCE AGENT: INTERWEST INSURANCE SERVICES, INC.
368 E. YOSEMITE AVENUE, SUITE 100
MERCED, CA 95340
(209)724-2324
City of Newport Beach
2016-2017 SLURRY SEAL PROGRAM
Contract No. 8273-1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name ,9weriCrA1j% �/� .ZHI.
Record Last Five (5) Full Years
Current Year of Record
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
M
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2016
2015
2014
2013
2012
Total
2017
No. of contracts
99
1049
X01/
7
��9
!POO
A01,
Total dollar
�G�
y��y�
y��Y9/40
a
C ntractsf(in
�3
Thousands of $
No. of fatalities
D
O
O
Q
0
O
No. of lost
Workday Cases
0
No. of lost
workday cases
involving
permanent
transfer to
another job or
0
Q
Q
Q
Q
0
termination of
employment
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
M
Legal Business Name of Bidder OkIl .rc
Business Address: C 9,T, s
Business Tel. No.:
State Contractor's License No. and %8y9�9 A
Classification: if'
Title &"l6 hk1M'
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 ATTACHEDI
irp
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California
County of S51in Qu r�cLcd i rip }
01
personally appeared
who proved to me on the
before me,
ere iasen name and time o the off err
rr n ,1 l 1 l /.
basis of satisfdctory evidence tb+e the person(s) whose
name(s) ie/are subscribed to the within instrument and acknowledged to me that
h45/si;re/they executed the same in h4igllaef/their authorized capacity(ies), and that by
W/laer/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
w A
JERI MARIE GRANT
Qw,
COMM.# 2031882 z
NOTARY PUriLIC -CALIFORNIASAN BERNARDINO COUNTY
My Comm. Expires Juno 30, 2Jt
A DITIO YAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding nomq+rvording and,
DES ION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to rine document. Acknowledgments
from other states moy be completed for documents being sent to that slate so long
as the wording does not require the California notary to violate California notary
law.
(Title or description of attached document) • State mid County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
(Title or description of attached document continued) • Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages _ Document Date commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
I
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
ElAttorney-in-Fact
E]Trustee(s)
❑ Other
no at zatron.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
be/she/they, is /ere) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, reseal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
2G':5 Version wwx.NoiaryOl;,ves.corr 300-fi'3--^HG5 Securely attach this document to the signed document with a staple.
City of Newport Beach
2016-2017 SLURRY SEAL PROGRAM
Contract No. 8273-1
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name Aafiyh If`r—Inl1JOU/l �i?4
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
2016-2017 SLURRY SEAL PROGRAM
Contract No. 8273-1
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: ,�/1� ;VV
Business Add
Telephone and Fax Number:
California State Contractor's License No. and Class: /g/909
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 09�.t1r�000 Expiration Date: 09101-1 8
List the name and title/position of the person(s) who inspected for your firm the site of
the work proposed in these contract documents:
The following are the names, titles, addresses, and phone numbers of all individuals,
firm members, partners, joint ventures, and company or corporate officers having a
principal interest in this proposal:
Name Title Address Telephone
Corporation organized under the laws of the State of (,Q1; rfye?
W,
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
All company, corporate, or fictitious business names used by any principal having
interest in this proposal are as follows:
Ame
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide:
Provide
the names, addresses and telephone numbers of the parties;
Briefly summarize the parties' claims and defenses;
�/W
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 /S
19
Are any claims or actions unresolved or outstanding? Yes /'l`_'J
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.
�NIPn'afh �O�ia/�,Id��.7�z
Bidder
Aw 4mtelya►nf Aydep9l
(Print name of Owner or President
of Corporation/Company)
ajW Ao�-
Alii iorize iggnature/Title
Title
41jo yy'144 0/
Date I
On r�(r cCq �)_Iia00 before me. _O(1 0)A,r}L la«ni' . Notary Public. personally
appeared - _'who proved to me on the
basis of satisfactory evidence Me the person(e whose name(g)is/ar,s subscribed to the within
instrument and acknowledged to me that he/sye/they executed the same in his/her/their' authorized
capacity(i6s), and that by his/her/their signature(*) on the instrument the person(R), or the entity upon
behalf of which the person(* acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct,
my hand and official
said
My Commission Expires: k t 30t ) o 17
a"w
cA (SEAL) JERI MARIE GRANT
.IT
( : COMA/i. ## 2031582 z
" NUfARY PU6LIC-CfaLIrORNiA
SAN BERNARUINO COUNTY
My Comm. Expires June 30, 201
a ctvvwawr"'yu�r
20
City of Newport Beach
2016-2017 SLURRY SEAL PROGRAM
Contract No. 8273-1
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the
"Notification of Award" to the successful bidder:
• CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
The City of Newport Beach will not permit a substitute format for these Contract
Documents. Bidders are advised to review their content with bonding, insuring and legal agents
prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance
Endorsement, and Automobile Liability Insurance Endorsement shall be provided as
required by the Contract documents and delivered to the Public Works Department within
ten (10) working days after the date shown on the Notification of Award to the successful
bidder.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an acceptable surety in
the latest revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided
as specified in the Standard Specifications for Public Works Construction, except as modified by
the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on
the insurance company's forms, fully executed and delivered with the Contract. The Notice to
Proceed will not be issued until all contract documents have been received and approved by the
City.
21
2016-2017 SLURRY SEAL PROGRAM
CONTRACT NO. 8273-1
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 28th day
of March, 2017 ("Effective Date"), 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"), whose address is 14436 Santa Ana
Avenue, Fontana, CA 92337, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City has advertised for bids for the following described public work: The work
necessary for the completion of this contract consists of: (1) distributing
construction notices to affected businesses and residents; (2) 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; and (7)
installing new traffic striping, pavement markings, and raised pavement markers,
and other incidental items of work necessary to complete the work in place (the
"Project" or "Work").
C. Contractor has been determined by City to be the lowest responsible bidder and
Contractor's bid, and the compensation set forth in this Contract, is based upon
Contractor's careful examination of all Contract documents, plans and
specifications.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. CONTRACT DOCUMENTS
The complete Contract for the Project includes all of the following documents:
Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion
Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A),
Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and
Standard Drawings, Plans and Special Provisions for Contract No. 8273-1, Standard
Specifications for Public Works Construction (current adopted edition and all
supplements), and this Contract, and all modifications and amendments thereto
(collectively the "Contract Documents"), all of which are incorporated herein by reference.
The Contract Documents comprise the sole agreement between the parties as to the
subject matter therein. Any representations or agreements not specifically contained in
the Contract Documents are null and void. Any amendments must be made in writing,
and signed by both parties in the manner specified in the Contract Documents.
2. SCOPE OF WORK
Contractor shall perform everything required to be performed, and shall provide
and furnish all the labor, materials, necessary tools, expendable equipment and all utility
and transportation services required for the Project. All of the Work to be performed and
materials to be furnished shall be in strict accordance with the provisions of the Contract
Documents. Contractor is required to perform all activities, at no extra cost to City, which
are reasonably inferable from the Contract Documents as being necessary to produce
the intended results.
3. COMPENSATION
3.1 As full compensation for the performance and completion of the Project as
required by the Contract Documents, City shall pay to Contractor and Contractor accepts
as full payment the sum of Five Hundred Fifty Eight Thousand Four Hundred Ninety
Four Dollars and 00/100 Dollars ($558,494.00).
3.2 This compensation includes:
3.2.1 Any loss or damage arising from the nature of the Work;
3.2.2 Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
3.2.3 Any expense incurred as a result of any suspension or
discontinuance of the Work, but excludes any loss resulting from earthquakes of a
magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and
which loss or expense occurs prior to acceptance of the Work by City.
4. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times during
the term of the Contract. Contractor has designated Lyle Stone to be its Project Manager.
Contractor shall not remove or reassign the Project Manager without the prior written
consent of City. City's approval shall not be unreasonably withheld.
5. ADMINISTRATION
This Contract shall be administered by the Public Works Department. City's Public Works
Director, or designee, shall be the Project Administrator and shall have the authority to
act for City under this Contract. The Project Administrator or designee shall represent
City in all matters pertaining to the Work to be rendered pursuant to this Contract.
6. NOTICE OF CLAIMS
Unless a shorter time is specified elsewhere in this Contract, before making its final
request for payment under the Contract Documents, Contractor shall submit to City, in
American Asphalt South, Inc. Page 2
writing, all claims for compensation under or arising out of this Contract. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Contract except those previously made in writing and identified
by Contractor in writing as unsettled at the time of its final request for payment. The
Contractor and City expressly agree that in addition to all claims filing requirements set
forth in the Contract and Contract Documents, Contractor shall be required to file any
claim Contractor may have against City in strict conformance with the Government Claims
Act (Government Code 900 et seq.).
WRITTEN NOTICE
7.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Contract shall be given in writing, and
conclusively shall be deemed served when delivered personally, or on the third business
day after the deposit thereof in the United States mail, postage prepaid, first-class mail,
addressed as hereinafter provided.
7.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attention: Public Works Director
City of Newport Beach
Public Works Department
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658
7.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: Lyle Stone
American Asphalt South, Inc.
14436 Santa Ana Avenue
Fontana, CA 92337
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Contract. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the terms of this Contract. Anything
in this Contract that may appear to give City the right to direct Contractor as to the details
of the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the results of the Work.
American Asphalt South, Inc. Page 3
9. BONDING
9.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract both of the following: (1) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
this Contract in the form attached as Exhibit B and incorporated herein by reference; and
(2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%)
of the total amount to be paid Contractor as set forth in this Contract and in the form
attached as Exhibit A and incorporated herein by reference.
9.2 The Faithful Performance Bond and Labor and Materials Payment Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
9.3 Contractor shall deliver, concurrently with execution of this Contract, the
Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy
of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the
State of California.
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Contractor on the Project.
11. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
12. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Contract or for other periods as specified in the Contract Documents, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
American Asphalt South, Inc. Page 4
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any of
the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
14. PREVAILING WAGES
In accordance with the California Labor Code (Sections 1770 et seq.), the Director
of Industrial Relations has ascertained the general prevailing rate of per diem wages in
the locality in which the work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the contract. A copy of said determination is
available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. All parties to the contract shall be
governed by all provisions of the California Labor Code — including, but not limited to, the
requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the
prevailing wage rates shall be posted by the Contractor at the job site.
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project
are identified in the Contractor's Proposal and are attached as part of the Contract
Documents. Contractor shall be fully responsible to City for all acts and omissions of any
subcontractors. Nothing in this Contract shall create any contractual relationship between
City and subcontractor, nor shall it create any obligation on the part of City to pay or to
see to the payment of any monies due to any such subcontractor other than as otherwise
required by law. City is an intended beneficiary of any Work performed by the
subcontractor for purposes of establishing a duty of care between the subcontractor and
City. Except as specifically authorized herein, the Work to be performed under this
Contract shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City.
16. RESPONSIBILITY FOR DAMAGES OR INJURY
16.1 City and its elected or appointed officers, agents, officials, employees and
volunteers shall not be responsible in any manner for any loss or damage to any of the
materials or other things used or employed in performing the Project or for injury to or
death of any person as a result of Contractor's performance of the Work required
hereunder, or for damage to property from any cause arising from the performance of the
Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone
employed by either of them.
16.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
American Asphalt South, Inc. Page 5
obstructions or from any cause arising from Contractor's Work on the Project and/or
Services, or the Work of any subcontractor or supplier selected by Contractor.
16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees and
volunteers contemplated by this Agreement (collectively, the "Indemnified Parties") from
and against any and all claims (including, without limitation, claims for bodily injury, death
or damage to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including, without
limitation, attorneys' fees, disbursements and court costs) of every kind and nature
whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any
manner relate (directly or indirectly) to any breach of the terms and conditions of this
Contract, any Work performed or Services provided under this Contract including, without
limitation, defects in workmanship or materials or Contractor's presence or activities
conducted on the Project (including the negligent, reckless, and/or willful acts, errors
and/or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable for any or all of them).
16.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Contract. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Contractor.
16.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Project Work.
16.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
16.7 Nothing in this Section or any other portion of the Contract Documents shall
be construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for above.
16.8 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
American Asphalt South, Inc. Page 6
17. CHANGE ORDERS
17.1 This Contract may be amended or modified only by mutual written
agreement of the parties.
17.2 The Contractor shall only commence work covered by a change order after
the change order is executed and notification to proceed has been provided by the City.
17.3 There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
18. CONFLICTS OF INTEREST
18.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Contract, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
18.2 If subject to the Act, Contractor shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination
of this Contract by City. Contractor shall indemnify and hold harmless City for any and
all claims for damages resulting from Contractor's violation of this Section.
19. TERMINATION
19.1 In the event that either party fails or refuses to perform any of the provisions
of this Contract at the time and in the manner required, that party shall be deemed in
default in the performance of this Contract. If such default is not cured within a period of
two (2) calendar days, or if more than two (2) calendar days are reasonably required to
cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non -defaulting party may terminate the Contract forthwith by giving to the defaulting party
written notice thereof.
19.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract at any time by giving seven (7)
calendar days prior written notice to Contractor. In the event of termination under this
Section, City shall pay Contractor for Services satisfactorily performed and costs incurred
up to the effective date of termination for which Contractor has not been previously paid.
On the effective date of termination, Contractor shall deliver to City all materials
purchased in performance of this Contract.
American Asphalt South, Inc. Page 7
20. STANDARD PROVISIONS
20.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Contract.
20.2 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator.
20.3 Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
20.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
20.5 Interpretation. The terms of this Contract shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of the Contract or any other rule of construction which
might otherwise apply.
20.6 Amendments. This Contract may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City
Attorney.
20.7 Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
20.8 Controlling Law and Venue. The laws of the State of California shall govern
this Contract and all matters relating to it and any action brought relating to this Contract
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
20.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
20.10 No Attorney's Fees. In the event of any dispute or legal action arising under
this contract, the prevailing party shall not be entitled to attorneys' fees.
American Asphalt South, Inc. Page 8
20.11 Counterparts. This Contract may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
21. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Contract and all other Contract Documents by Contractor is a
representation that Contractor has visited the Project site, has become familiar with the
local conditions under which the Work is to be performed, and has correlated all relevant
observations with the requirements of the Contract Documents.
22. WAIVER
A waiver by City or any term, covenant, or condition in the Contract Documents
shall not be deemed to be a waiver of any subsequent breach of the same or any other
term, covenant or condition.
23. RECITALS
City and Contractor acknowledge that the above Recitals are true and correct and
are hereby incorporated by reference into this Contract.
[SIGNATURES ON NEXT PAGE]
American Asphalt South, Inc. Page 9
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY' OFFICE a CalifQr i mu ipal corporation
Date: 7 Date: 5
By: s By: '
Aaron C. Harp KV K in Muldoo
City Attorney 3\'A Mayor
ATTEST:
Date:
By: Omaw� Nwx—,
Leilani I. Brown
City Clerk
CONTRACTOR: American Asphalt
South'In;., ifgr
a Calnia corporation
Date: dAr z jol, .?D/9
By:
Jeff etty
Vice President
Date: 4.14 %
BY:
L Stone
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Labor and Materials Payment Bond
Exhibit B — Faithful Performance Bond
Exhibit C — Insurance Requirements
American Asphalt South, Inc. Page 10
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Bernardino
Onbefore me, Richard Entrikin-Notary
(insert name and title of the officer)
personally appeared Lyle Stone and Jeff Petty
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) jg/are
subscribed to the within instrument and acknowledged to me that be/she/they executed the same in
Jlis Wltheir authorized capacity(ies), and that by his/Wltheir signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
RICHARD ENTRIKIN
WITNESS my hand and official seal. „ COMM. # 2029943
Z _ NOTARY PUBLIC - CALIFORNIA C
SAN BERNARDINO COUNTY
My Comm. Expires July 13, 2017
' '""'' v
Signature —�� (Seal)
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. 12142870
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 3,792.00 , being at the
rate of $ 7.00 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
American Asphalt South, Inc. hereinafter designated as the "Principal," a contract for
(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; and (7) installing
new traffic striping, pavement markings, and raised pavement markers, and other
incidental items of work necessary to complete the work in place in the City of Newport
Beach, in strict conformity with the Contract on file with the office of the City Clerk of the
City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and The Guarantee company
of North America USA , 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 Five
Hundred Fifty Eight Thousand Four Hundred Ninety Four Dollars and 00/100
Dollars ($558,494.00) 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.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
American Asphalt South, Inc. Page B-1
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 31 day of March , 20 17.
American Asphalt South, Inc.
Name of Contractor (Principal)
The Guarantee Company of
North America USA
Name of Surety
One Towne Square, Suite 147C
Southfield, MI 48076
Address of Surety
(925) 566-6040
Telephone
APPROVED AS TO FORM:
CITY ATTN Y'S OFFICE
Date: /,
By: :9PZr—�
Aaron C. Harp u i it
City Attorney
ao�e
Author ed� '(,�ce�re�
Authorized Agent Signature
Sara Walliser, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
American Asphalt South, Inc. Page B-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Bernardino
On before me,
personally appeared Jeff Petty
Richard Entrikin - Notary
(insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ace•
subscribed to the within instrument and acknowledged to me that he/s4ea1'4eyexecuted the same in
his/bl FUh4-f authorized capacity(ies), and that by his/her/3haif signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
4. , RICHARD ENTRIKIN
COMM. # 2029943
WITNESS my hand and official Seal. Zg;; • NOTARY PUBLIC• CALIFORNIA —Z
SAN BERNARDINO COUNTY
My Corrin, Expires July 13, 2017
Signature �,��j (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of Butte ) ss.
On March 31 20 17 before me, Elizabeth Collodi, Notary Public
Notary Public, personally appeared Sara Walliser ,
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. .....__._.___
Signature
ELIZABETH COLLODI
_ COMM. 82056602 A
•'�' NOTARY PUBLIC CALIFORNIA y
COUNTY OF BUTTE w
I Comm. Expires FEB.1,2018
American Asphalt South, Inc. Page B-3
THE The Guarantee Company of North America USA
GUARANTEE" 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
Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Collodi, Bobbie Beeny, Nancy Luttenbacher, Phillip O. Watkins, Keith T. Schuler, Melissa D. Diaz,
Shawna Johnson, Mindy Whitehouse, Jennifer Lakmann, Sara Walliser, John J. Weber, Stephanie Agapoff
InlerWest Insurance Services, LLC
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 -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 0th 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.
�,N"*r•eo IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
4sF its corporate seal to be affixed by its authorized officer, this 2nd day of October, 2015.
4 v ST THE GUARANTEE COMPANY OF NORTH AMERICA USA
STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary
County of Oakland
On this 2nd day of October, 2015 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
Affillimmak Notary Public, State of Michigan
County of Oakland
Im 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.
e�e AXAX.L'a.T�
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.
yrnrer._ IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 31 day of March 2017
Randall Musselman, Secretary
Premium: Included in
EXHIBIT A Performance Bond
CITY OF NEWPORT BEACH
BOND NO. 12142870
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
American Asphalt South, Inc. hereinafter designated as the "Principal," a contract for
(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, in the City of Newport
Beach, in strict conformity with the Contract on file with the office of the City Clerk of the
City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and, The Guarantee
Company of North America USA duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as
"Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Five
Hundred Fifty Eight Thousand Four Hundred Ninety Four Dollars and 00/100
Dollars ($558,494.00) 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 attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
American Asphalt South, Inc. Page A-1
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 31 day of March —'20 1-/.
American Asphalt South, Inc.
Name of Contractor (Principal)
The Guarantee Company of
North America USA
Name of Surety
One Towne Square, Suite 150
Southfield, MI 48076
Address of Surety
(925) 566-6040
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: t(1117
By:
Aaron C. Harp Akw+Tf
City Attorney
kee
Auth_oy e�i,$;gnure/�dle.
�J%tbhyr Yice�/YCl ok��ef' '
Authorized Agent Signature
Sara Walliser, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
American Asphalt South, Inc. Page A-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Bernardino
On S �\017 before me, Richard Entrikin - Notary
(insert name and title of the officer)
personally appeared Jeff Petty
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/s44ed4epexecuted the same in
his/bia0heir; authorized capacity(ies), and that by his/be4i4e if signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
., RICHARD ENTRIKIN
' `; COMM. # 2029943
WITNESS my hand and official seal. g<
Z ' - NOTARY PUBLIC - CALIFORNIA K
LIUr SAN SAN COUNTY
`� My Comm. Expires July 13, 2017
Signature�j� (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
(seal)
State of California
County of Butte } ss.
On March 31 -'20 17 before me, Elizabeth Collodi, Notary, Public
Notary Public, personally appeared Sara Walliser
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 icial s al.
Signature
WN ELIZABETH COLD
COMM.N2056602 D
:r• NOTARY PUBLIC - CALIFORNIA y
COUNTY OF BUTTE w
Comm. "ft!)EB. 11 2018
American Asphalt South, Inc. Page A-3
THE The Guarantee Company of North America USA
GUARANTEE'" POWER OF ATTORNEY Southfield, Michigan
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
Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Collodi, Bobbie Beeny, Nancy Luttenbacher, Phillip O. Watkins, Keith T. Schuler, Melissa D. Diaz,
Shawna Johnson, Mindy Whitehouse, Jennifer Lakmann, Sara Walliser, John J. Weber, Stephanie Agapoff
InterWest Insurance Services, LLC
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 -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.
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 2nd day of October, 2015.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer
County of Oakland
Randall Musselman, Secretary
On this 2nd day of October, 2015 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
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.
eyf A'A� a. Tom.
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.
.W�rrr IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 31 day of March 2017
Randall Musselman, Secretary
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 4/12/17 Dept./Contact Received From: Raymund
Date Completed: 4/12/17 Sent to: Raymund By: Alicia
Company/Person required to have certificate: American Asphalt South. Inc
Type of contract:
All
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 12/31/16-12/31/17
A.
INSURANCE COMPANY: Financial Pacific Insurance Company
B.
AM BEST RATING (A-: VII or greater): A:XI
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
N Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
2M/4rvU4M
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
N Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
(What is limits provided?)
include): Is it included? (completed Operations status does
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY:
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION:
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?
N 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 N No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
N N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A N Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 12/31/16-12/31/17
A.
INSURANCE COMPANY: Financial Pacific Insurance Company
B.
AM BEST RATING (A-: VII or greater) A:XI
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
N Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
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 N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes N No
H.
NOTICE OF CANCELLATION:
❑ N/A N Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 4/1/17-4/1/18
A. INSURANCE COMPANY: Arch Insurance Company
B. AM BEST RATING (A-: VII or greater): A+:XV
C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
4/12/17
Date
® Yes ❑ No
1,000,000
® Yes ❑ No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
I_n=■m
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A El ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management
* Subject to the terms of the contract.
Date
City of Newport Beach
2016-2017 SLURRY SEAL PROGRAM
Contract No. 8273-1
PROPOSAL
(Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids.
Contractor shall sign the below acknowledgement)
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby
proposes to furnish all materials except that material supplied by the City and shall perform
all work required to complete Contract No. 8273-1 in accordance with the Plans and
Special Provisions, and will take in full payment therefore the following unit prices for the
work, complete in place, to wit:
Date
���r/&-604e *9 y,�J.B.?�`%
Bidder's Telephone and Fax Numbers
�,Cwg, ./
Bidder's License No(s)
and Classification (s)
Bidder's email address:
PR -1
Bidder
Bidd is Authorized Signature and Title
Bidder's Address
City of Newport Beach
Lump Sum
2016-2017 SLURRY SEAL PROGRAM (C-8273-1), bidding on February 28, 2017 10:00 AM (Pacific)
Bid Results
$11,000.00
Bidder Details
2 Traffic Control
Vendor Name
American Asphalt South, Inc.
Address
14436 Santa Ana Avenue
Lump Sum
Fontana, CA 92337
$25,000.00
United States
Respondee
Lyle Stone
Respondee Title
Secretary
Phone
909-427-8276 EM.
Square Foot
Email
lyles@amedcanasphaltsouth.com
Vendor Type
4 Asphalt Based Sealcoat (Parking Lots)
License #
CADIR
Bid Detail
Square Foot
43100
Bid Format
Electronic
$11,206.00
Submitted
February 28, 2017 9:11:39 AM (Pacific)
Delivery Method
Bid Responsive
Bid Status
Submitted
$53,828.00
Confirmation #
99609
Ranking
0
Respondee Comment
Buyer Comment
Attachments
File Title
File Name
General Attachment
Bid Submittal American Asphalt South Inc.pdf
Bid Bond
Newport Beach Bid Bond.pdf
Line Items
Type Item Code
UOM
Qty Unit Price
Section 1
I Mobilization
File Type
General Attachment
Bid Bond
Line Total Comment
Page 1
Lump Sum
1
$11,000.00
$11,000.00
2 Traffic Control
Lump Sum
1
$25,000.00
$25,000.00
3 Type I Slurry Seal
Square Foot
4000000
$0.09
$360,000.00
4 Asphalt Based Sealcoat (Parking Lots)
Square Foot
43100
$0.26
$11,206.00
5 Crack Sealing
Lump Sum
1
$53,828.00
$53,828.00
Page 1
City of Newport Beach
2016-2017 SLURRY SEAL PROGRAM (C-8273-1), bidding on February 28, 2017 10:00 AM (Pacific)
Bid Results
Type Item Code UOM Qty Unit Price
6 Install Pavement Striping and Markings
Lump Sum 1 $97,460.00
Subtotal
Total
Subcontractors
Name & Address
Description License Num
BC Traffic
Remove Thermoplastic and 877686
638 W. Southern Ave.
RPM'S and Install Pavement
Striping and Markings
Orange, CA 92865
United States
Lukkes Striping
Seal Coat and Stripe Parking 922425
1312 E. Warner ave
Lots
Santa ana, CA 92805
United States
CADIR
1000005503
1000003491
Line Total Comment
$97,460.00
$558,494.00
$558,494.00
Amount Type
$88,600.00
$10,000.00
Page 2
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
2016-2017 SLURRY SEAL PROGRAM
CONTRACT NO. 8273-1
PART 1 - GENERAL PROVISIONS
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.3 Markup Replace this section with the following:
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.4 Inspection and Testing
SECTION 5 - UTILITIES
5-1 LOCATION
5-2 PROTECTION
I
1
1
1
1
1
1
1
2
2
2
2
2
2
3
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 3
6-1.1 Construction Schedule 3
6-7 TIME OF COMPLETION 3
6-7.1 General 3
6-7.2 Working Days 4
6-7.4 Working Hours 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
7-8 WORK SITE MAINTENANCE 5
7-8.4.3 Storage of Equipment and Materials in Public Streets 6
7-8.6.2 Best Management Practices (BMPs) 6
7-10 PUBLIC CONVENIENCE AND SAFETY 6
7-10.1 Traffic and Access 6
7-10.3 Street Closures, Detours and Barricades 7
7-10.4 Safety 7
7-10.4.1 Safety Orders 7
7-10.5 "No Parking' Signs 7
7-10.6 Notices to Residents 8
7-15 CONTRACTOR'S LICENSES 8
SECTION 9 - MEASUREMENT AND PAYMENT 8
9-3 PAYMENT
8
9-3.1 General
9
9-3.2 Partial and Final Payment.
10
PART 2 - CONSTRUCTION MATERIALS
10
SECTION 203—BITUMINOUS MATERIALS
30
203-5 EMULSION -AGGREGATE SLURRY
10
203-5.2 Materials
10
SECTION 214 - PAVEMENT MARKERS
11
214-4 NONREFLECTIVE PAVEMENT MARKERS
11
214-5 REFLECTIVE PAVEMENT MARKERS
11
PART 3 - CONSTRUCTION METHODS
11
SECTION 300 - EARTHWORK
11
300-1 CLEARING AND GRUBBING
11
300-1.3 Removal and Disposal of Materials
11
SECTION 302 - ROADWAY SURFACING
11
302-4 EMULSION -AGGREGATE SLURRY
11
302-4.3 Application
11
302-4.3.1 General
11
302-4.3.2 Spreading
12
302-4.3.3 Field Sampling
12
SECTION 310 - PAINTING
12
310-5 PAINTING VARIOUS SURFACES
12
310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings
12
310-5.6.6 Preparation of Existing Surfaces
12
310-5.6.7 Layout, Alignment, and Spotting
12
310-5.6.8 Application of Paint
13
310-5.6.11 Pavement Markers
13
SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL
14
312-1 PLACEMENT
14
CITY OF NEWPORT BEACH
(rr_�13NJVA
PUBLIC WORKS DEPARTMENTSPECIAL PROVISIONS
2016-2017 SLURRY SEAL PROGRAM
CONTRACT NO. 8273-1
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Plans (Drawing No. R -6073-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 for Public Works Construction may
be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA
92802.714-517-0970.
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated
hereinafter:
PART 1 - GENERAL PROVISIONS
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
Add to this section, "If there is a conflict within any one specific Contract Document, the
more stringent requirement as determined by the Engineer shall control."
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.3 Markup Replace this section with the following:
Page 1 of 14
"(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 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 V paragraph: "Within seven (7) Calendar days after
completion of the work or phase of work, the Contractor shall remove all USA utility
Page 2 of 14
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 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.
I&A dli1d
6-7.1 General
Add to this section: The Contractor shall complete all work under the Contract within 80
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.
Page 3 of 14
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."
Add the following Section 6-7.4 Working Hours
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 6:00 p.m. on Saturdays only. A request for working
outside the normal working hours must be made at least 72 hours in advance of the
desired time period. A separate request must be made for each work shift. The
Engineer reserves the right to deny any or all such requests. Additionally, the
Contractor shall pay for supplemental inspection costs of $146 per hour when such time
periods are approved.
6-9 LIQUIDATED DAMAGES
Revise sentence three to read: For each consecutive calendar day after the time
specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City
or have withheld from moneys due it, the daily sum of $500.00.
Revise paragraph two, sentence one, to read: Execution of the Contract shall constitute
agreement by the Agency and Contractor that the above liquidated damages per day is
the minimum value of the costs and actual damage caused by the failure of the
Contractor to complete the Work within the allotted time.
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly preplanned continuous sequence so as to minimize
inconvenience to residences, businesses, vehicular and pedestrian traffic, and the
public as a result of construction operations.
Page 4 of 14
6-11 SEQUENCE OF CONSTRUCTION
A. Work shall begin on Indian Spring Lane in the Bay Knolls area. 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 and test until the slurry and mix design
meet specifications.
B. Bay Knolls area shall be completed prior to mobilizing to Mariners and Dover
Shores.
C. The City started the "Concrete and Pavement Replacement Program (C-7009-1)"
project in the same work area in March 2017 and is scheduled to have work completed in
June 2017, therefore, there is a requirement to coordinate work areas to not overlap the
City's concurrent construction projects. Construction phasing is required to work from
North to South to avoid conflicts.
D. Special scheduling and coordination is required next to Mariners Elementary School
and Mariners Library Parking Lot. Slurry sealing on Mariners Drive from Irvine Ave to
Dover Dr. must be completed during Mariners Elementary school vacation times between
April 10 to April 14, on May 29 or after June 25. Sealcoating the Mariners Library may only
be performed after scheduling and coordinating parking lot down time with Library
administration.
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
7-1.2 Temporary Utility Services
Add to the end of this section: If the Contractor elects to use City water, he shall arrange
for a meter and tender a $1,073.21 meter deposit with the City. Upon return of the
meter to the City, the deposit will be returned to the Contractor, less a $90 monthly
charge for meter use, a charge for water usage and any repair charges for damage to
the meter.
Water used during construction shall be paid for by the Contractor. This includes water
for flushing and pressure testing water lines, compaction, irrigation during maintenance
period for landscaping, etc.
City shall designate to the Contractor the location of the fire hydrant or other connection
acceptable for drawing of construction and temporary water. City reserves the right to
limit the location, times and rates of drawing of such water
7-8 WORK SITE MAINTENANCE
Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets
Page 5 of 14
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.
7-8.6.2 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.
7-10 PUBLIC CONVENIENCE AND SAFETY
7-10.1 Traffic and Access
Add to this section: The Contractor shall provide traffic control and access in
accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic
Control Handbook (WATCH), also published by Building News, Inc.
Pedestrian access to all storefronts, offices, residences, etc., within the limits of work
must be maintained at all times. The Contractor shall cooperate with the Engineer to
provide advance notice to any and all establishments whose access will be impacted by
construction operations, particularly sidewalk construction. The Contractor shall furnish
and install signage, barricades, delineators, yellow safety ribbon, and any other
Page 6 of 14
measures deemed necessary by the Engineer to safely direct the public around areas of
construction, and into (and out of) the affected establishments. Such measures shall be
shown on the Detailed Traffic Control Plans (see Section 7-10.3)
7-10.3 Street Closures, Detours and Barricades
Add to this section: The Contractor shall submit to the Engineer - at least five working
days prior to the pre -construction meeting - a traffic control plan showing typical
closures and detour plans(s). The Contractor shall be responsible for processing and
obtaining approval of a traffic control plans from the City's Traffic Engineer. The
Contractor shall adhere to the conditions of the traffic control plan. Typical closures
shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK
(W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following
items:
1. Emergency vehicle access shall be maintained at all times
2. The locations and wordings of all barricades, signs, delineators, lights, warning
devices, parking restrictions, and any other required details shall ensure that all
pedestrian and vehicular traffic will be handled in a safe manner with a minimum
of inconvenience to the public.
3. All advanced warning sign installations shall be reflectorized and/or lighted.
4. The Contractor shall accommodate the City's trash collection. If the
Contractor elects to work on a street during its trash collection day, it shall be
the Contractor's responsibility to make alternative trash collection
arrangements by contacting the City's Refuse Superintendent, at (949) 718-
3468 and all affected property owners.
7-10.4 Safety
7-10.4.1 Safety Orders
Add to this section: The Contractor shall be solely and completely responsible for
conditions of the job -site, including safety of all persons and property during
performance of the work, and the Contractor shall fully comply with all State, Federal
and other laws, rules, regulations, and orders relating to the safety of the public and
workers.
The right of the Engineer or the City's Representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site.
Add the following Section 7-10.5 "No Parking" Signs
7-10.5 "No Parking" Signs
Page 7 of 14
The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs
(even if streets have posted "NO PARKING" signs) which he shall post at least forty-
eight hours in advance of the need for enforcement. The signs will be provided by the
City at no cost to the Contractor. However, the City reserves the right to charge $2.00
per sign following any excessive abuse or wastage of the signs by the Contractor. In
addition, it shall be the Contractor's responsibility to notify the City's Police Department
at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the
need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking"
signs are available at the Public Works Department public counter.
The Contractor shall print the hours and dates of parking restriction on the "NO
PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample
of the completed sign shall be reviewed and approved by the Engineer prior to posting.
Add the following Section 7-10.6 Notices to Residents
7-10.6 Notices to Residents
Ten working days prior to starting work, the Contractor shall deliver a construction
notice to residents within 500 feet of the project, describing the project and indicating
the limits of construction. The City will provide the notice.
Forty-eight hours prior to the start of construction, the Contractor shall distribute to the
residents a second written notice prepared by the City clearly indicating specific dates in
the space provided on the notice when construction operations will start for each block
or street, what disruptions may occur, and approximately when construction will be
complete. An interruption of work at any location in excess of 14 calendar days shall
require re -notification. The Contractor shall insert the applicable dates and times at the
time the notices are distributed.
The written notices will be prepared by the City, but shall be completed and distributed
by the Contractor. Errors in distribution, false starts, acts of God, strikes or other
alterations of the schedule will require Contractor re -notification using an explanatory
letter furnished by the City.
Add the following Section 7-15 Contractor's Licenses:
7-15 CONTRACTOR'S LICENSES
At the time of the award and until completion of work, the Contractor shall possess a
"A" or "C-12" 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.
9-3 PAYMENT
SECTION 9 - MEASUREMENT AND PAYMENT
Page 8 of 14
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: Work under this item shall include, but not be limited to, all
labor, tools, equipment and material costs for providing bonds, insurance and financing,
preparing and implementing the BMP Plan, preparing and updating construction
schedules as needed, attending construction progress meetings as needed, and all
other related work as required by the Contract Documents. This bid item 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, but not be limited to,
all labor, tools, equipment and material costs for delivering all required notifications and
temporary parking permits, posting signs, covering conflicting existing signs, and all
costs incurred notifying residents. 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: 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 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
Page 9 of 14
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 a) with the following:
"Emulsified Asphalt shall be of a quick set type. It shall be cationic unless otherwise
specified and shall conform to the requirements of CQS-1 h of 203-1.3 (Test Reports
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
Page 10 of 14
emulsion plant at the rate of 2'/2 percent of weight of the emulsified asphalt. Latex -
added emulsified asphalt shall be kept in a suspended state by an agitating mixer and
mixed every three days.
Materials testing shall be performed as directed by the Engineer."
Replace in Table 203-5.2 (B): Sand Equivalent shall range from a value of 55 to a value
of 45."
SECTION 214 - PAVEMENT MARKERS
214-4 NONREFLECTIVE PAVEMENT MARKERS
Add to this Section: "All new non -reflective pavement markers types A and AY shall be
ceramic."
214-5 REFLECTIVE PAVEMENT MARKERS
Add to this Section: "All new reflective pavement markers shall have glass -covered
reflective faces or be 3M Series 290."
PART 3 - CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.3 Removal and Disposal of Materials
Add to this Section: Removal and disposal of material shall be done by City
approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of
approved haulers can be provided upon request or be found on the City's website at:
http://newportbeachca.gov/index.aspx?page=157 and then selecting the link Franchised
Haulers List.
SECTION 302 - ROADWAY SURFACING
302-4 EMULSION -AGGREGATE SLURRY
302-4.3 Application
302-4.3.1 General
Add to this section; Type I slurry shall be applied at the rate of 9.5 pounds per square
yard. Type 11 slurry shall be applied at the rate of 13 pounds per square yard.
Pagel 1 of 14
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 within 24
hours. 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 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 302-4.3.3 (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 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
Page 12 of 14
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 slurry seal has been placed.
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 or approved equal. These temporary paints shall be applied at 15 mils wet.
The final striping for all painted areas shall be reflectorized thermoplastic. The
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 0.45 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."
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.
Page 13 of 14
SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL
312-1 PLACEMENT
Amend this section with:
The location of raised pavement fire hydrant marker shall conform to the City of
Newport Beach Standard Plan No. STD -902-L.
The Contractor shall not replace raised pavement markers until fifteen days after
the application of the pavement or slurry."
Page 14 of 14
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