HomeMy WebLinkAboutC-7169-1 - Slurry Seal ProgramOctober 9, 2019
American Asphalt South, Inc.
Attn: Tyler Skender
14436 Santa Ana Avenue
Fontana, CA 92337
Subject: Slurry Seal Program — C-7169-1
Dear Mr. Skender:
3 1 Y 0t N '. i^';'' Pt, N t'
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1 949-644-3039 rnx
newportbeachca.gov
On October 9, 2018, 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
October 10, 2018 Reference No. 2018000369451. The Surety
Guarantee Company of North America USA and the bond
Enclosed is the Faithful Performance Bond.
Sincerel ,
Leilani I. Brown, MMC
City Clerk
Enclosure
County Recorder on
for the contract is The
number is 12159703.
Premium for Contract Term Subject to
Adjustments Based on Final Contr- `rice
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. 12150703
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ $4,852.00 , being at the
rate of $ $7/$71$5 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 The
work necessary for the completion of this contract consists of distributing door hanger
notifications to all homes and businesses in the work area, setting up traffic control, edge
grinding, crack sealing, removing striping, slurry sealing, seal coating, temporary striping,
final striping with thermoplastic paint and street sweeping. 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 Seven
Hundred Seventy Thousand Four Hundred Dollars and 00/100 ($770,400.00) 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
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
American Asphalt South, Inc. Page B-1
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 3rd day of May ,2018 .
American Asphalt South, Inc.
Name of Contractor (Principal)
The Guarantee Company of North America USA
Name of Surety
One Towne Square, Ste. 1470, Southfield, Michigan 48076
Address of Surety
866-328-0567
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
0
Aaron C. Harp
City Attorney
AL#Korized Signature/Title
Authorized Agent Signature—
Sara
ignatures
Sara Walliser, Attorney -in -Fad
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 MQ ti Richard Entrikin - Nota
7 d-D/AF before me, rY
(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/sbeageyexecuted the same in
his/tjflltaeif authorized capacity(ies), and that by his/her/ihe-k 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 taws of the State of California that the foregoing
paragraph is true and correct.
RICHARD ENTRIKIN
COMM. #2201331 z
WITNESS my hand and official seal. rc Notary Public • California o
z "San County
Comm. Ex fres J i3, 2021
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 May a 20 13 before me, Elizabeth Collodi
Notary Public, personally appeared Sara Walliser
who proved to me on the basis of satisfactory evidence to be the person((4 whose nameol is/Ai-6
subscribed to the within instrument and acknowledged to me that,be/she/wexecuted the same
in,W/her/oe authorized capacityW, and that by bWher/Ut&'signatures(Z1 on the instrument
the perso%M, or the entity upon behalf of which the personal 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 m hand and official seal.' ',: _. ELiZABETHCOLLOLII i�
y n o' COMM. # 2227348 D
e; 9 NOTARY PUBLIC CALIrORNIA N
1 0. , Comm. Expires REB. i. 2622 �E
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of )SS.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
American Asphalt South, Inc. Page B-3
THE The Guarantee Company of North America USA
GUARANTEE'" POWER OF ATTORNEY SOUthficid, 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, John Hopkins, Elizabeth Collodi, Bobbie Beery, Phillip O. Watkins, Mindy Whitehouse, Jennifer Lakmann, Sara Walliser,
John J. Weber, Stephanie Agapoff, Katherine Gordon, Jessica Monlux, Breanna Bofman, Vicky Troyan
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 -fad and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given
to the Attorney -in -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 Stale 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 Mussolman, 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
said company.
Cynthia A. Takai
Notary Public, State of Michigan
County of Oakland
My Commission Expires February 27, 2024
4
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.
�Ppf.MrfFda IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 3 day of May , 2018
Randall Mussolman, Secretary
December 17, 2018
American Asphalt South, Inc.
Attn: Tyler Skender
14436 Santa Ana Avenue
Fontana, CA 92337
Subject: Slurry Seal Program C-7169-1
Dear Mr. Skender:
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1949-644-3039 FAx
newportbeachca.gov
On October 9, 2018 the City Council of Newport Beach accepted the work for the subject
project and authorized the City Clerk to file a Notice of Completion, to release the Labor
& Materials Bond 65 days after the Notice of Completion had been recorded in
accordance with applicable portions of the Civil Code, and to release the Faithful
Performance Bond one year after Council acceptance.
The Notice of Completion was recorded by the Orange County Recorder on
October 10, 2018, Reference No. 2018000369451. The Surety for the bond is The Guarantee
Company of North America USA and the bond number is 12159703. Enclosed is the
Labor & Materials Payment Bond.
Sincerely,
Leilani I. Brown, MMC
City Clerk
Enclosure
Premium Included in Pe? -,mance Bond
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. 12159703
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 The
work necessary for the completion of this contract consists of distributing door hanger
notifications to all homes and businesses in the work area, setting up traffic control, edge
grinding, crack sealing, removing striping, slurry sealing, seal coating, temporary striping,
final striping with thermoplastic paint and street sweeping. 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
Seven Hundred Seventy Thousand Four Hundred Dollars and 00/100 ($770,400.00)
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.
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
American Asphalt South, Inc. Page A-1
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 3rd day of May 2018
American Asphalt South, Inc.
Name of Contractor (Principal)
The Guarantee Company of North America USA
Name of Surety
One Towne Square, Ste, 1470, Southfield, Michigan 48076
Address of Surety
866-328-0567
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
0
Aaron C. Harp
City Attorney
Au"Yrized Signature/Title
LLL] A
Authorized Agent Signature
Sam 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
validi of that document.
State of California
County of San Bernardino
On /`?^y %, �oi�? 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/sitedlaeyexecuted the same in
his/hes/!heif authorized capacity(ies), and that by his/be� 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.
Signature��_
RICHARD ENTRIKIN
COMM. #2201331 z
Z . Notary Pubtie -California o
San Bernardino County
Comm. Expfres 4 13, 2021
(,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 May 3 20 18 before me, Elizabeth Collodi
Notary Public, personally appeared Sara Walliser
who proved to me on the basis of satisfactory evidence to be the person whose nameol is/,arE
subscribed to the within instrument and acknowledged to me that wsheahey executed the same
in.jlia/her/yaetrauthorized capacity(iss), and that by beher/(faeir signaturesM on the instrument
the personJ,>;j, or the entity upon behalf of which the personpO 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. �t ELIZABETH COL
LOU
COMM. 9 2227348
NOTAR`! PUBLIC CALIFORNIA y
COUNTY OF BUTTE 0
Comm. Expires FEB. 1, 2022 19
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
On
ss.
20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
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, John Hopkins, Elizabeth Collodi, Bobbie Beeny, Phillip O. Watkins, Mindy Whitehouse, Jennifer Lakmann, Sara Walliser,
John J. Weber, Stephanie Agapoff, Katherine Gordon, Jessica Monlux, Breanna Bofman, Vicky Troyan
Interest 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 orotherise.
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 Attomey-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 Attomey-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 Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner —
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011, of which the following is a 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.
y�NTEE�
€ 4
�rM"wcR`O�
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
its corporate seal to be affixed by its authorized officer, this 2nd day of October, 2015.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
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
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
said company.
_-.- Cynthia A. Takai
Notary Public, State of Michigan
County of Oakland
My Commission Expires February 27, 2024
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.
0.
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 3 day of May 2018
$e G '0 7r s
Randall Musselman, Secretary
Batch 3882417 Confirmation
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Page 1 of 5
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
IIIIIIIIIIIIIIIIIIIIIIIII11I111IIIIIIIIIIIIIIIIIIIII]I]IIIIIIIIIIII NO FEE
�$ R 0 0 1 0 c 0 2 9 3 3 5.
20180003694514:23 pm 10110/18
37 405 N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 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 April 24, 2018. Said Contract set
forth certain improvements, as follows:
Slurry Seal Program - C-7169-1
Work on said Contract was completed, and was found to be acceptable on
October 9. 2018, by the City Council. Title to said property is vested in the Owner and the
Surety for said Contract is The Guarantee Company of North America USA.
BY
Pub Ic Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge. {� n
Executed on AIM AI /f//� at Newport Beach, California.
I1-YA
aIMill 151111 AM
https:Hgs.secure-recording.com/Batch/Cohfirmation/3882417 10/11/2018
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 April 24, 2018. Said Contract set
forth certain improvements, as follows:
Slurry Seal Program - C-7169-1
Work on said Contract was completed, and was found to be acceptable on
October 9, 2018, by the City Council. Title to said property is vested in the Owner and the
Surety for said Contract is The Guarantee Company of North America USA.
BY l
^Pubic Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge. „
Executed on r �O, /1/�� at Newport Beach, California.
BY &I,
City Clerk
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
By 10:00 AM on the5?h day of April, 2018,
at which time such bids shall be opened and read for
SLURRY SEAL PROGRAM
Contract No. C-7169-1
$700,000
Engineer's Estimate
Approved
✓�"
Mark Vukojevrc
City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
hftp://www.planetbids.com/portal/portal.cfm?CompanylD=22078
Hard copy plans are available via
Mouse Graphics at (949) 548-5571
659 W. X19"' 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
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
htti)Hnewportbeachca gov/government/open-transparent/online-services/bids-rfps-
vendor-registration
City of Newport Beach
SLURRY SIAL PROGRAM
Contract No. C-7169-1
TABLE OF CONTENTS
NOTICE INVITING BIDS ..... .................... ......... .._.._..................._..... ............. ........ Cover
INSTRUCTIONS TO BIDDERS.. ............. _ ........ ...................... ........ 3
BIDDER'S BOND ............................... ..................... ................. .......................................6
DESIGNATION OF SUBCONTRACTOR(S)..................................................................9
TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9
NON -COLLUSION AFFIDAVIT........_......................................................._.. 13
DESIGNATION OF SURETIES......................................................................
14
CONTRACTOR'S INDUSTRIAL SAFETY RECORD ......................................
.......... .... 15
ACKNOWLEDGEMENT OF ADDENDA., ....... ........ .. ...... ..........
... ........ I.. I ....... 18
INFORMATION REQUIRED OF BIDDER .......... ........... ..............................................
19
NOTICE TO SUCCESSFUL BIDDER...........................................................................21
CONTRACT......................................._.................... ........................
....... ........... ........... 22
LABOR AND MATERIALS PAYMENT BOND.. ... .......... ............
____ ....... Exhibit A
FAITHFUL PERFORMANCE BOND...........................................................
Exhibit B
INSURANCE REQUIREMENTS.................................................................Exhibit
C
PROPOSAL.... ................................................................. ..........
...... __ ... ...... PR -1
SPECIALPROVISIONS ............................................. ...... -........... ............ ......... .... ... SP -1
E
City of Newport Beach
SLURRY SEAL PROGRAM
Contract No. C-7169-1
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 (Original copies must be submitted to the City Clerk's Office)
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; Contractor shall confirm via PlanetBids)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL ((LINE ITEMS to be completed via PlanetBids, Acknowledgement form must be
signed)
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, 20' 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. Original copies must
be submitted to the City Clerk's Office by the Bid Opening Date.
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
3
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 at 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 at 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.
14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on
behalf of itself or a subcontractor that lacks privily of contract with the City but has requested
that contractor proceed on its behalf, sent by registered mail or certified mail return receipt
requested for a time extension, payment by the City for money or damages arising from work
done by, or on behalf of, the contractor and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled, or for payment of an amount that is
disputed by the City, the following is a summary of the claims resolution process to be applied:
A. The City shall review the claim and, within 45 days, shall provide a written statement
identifying the portions of the claim that are disputed and undisputed. This time period may
be extended by mutual agreement. The claimant shall furnish all reasonable
documentation to support the claim. If the City needs approval from its City Council to
provide the written statement and the City Council does not meet within the prescribed time
period, the City shall have up to 3 days following the next regular meeting of the City
Council to provide the written statement. Payment of the undisputed portion of the claim
shall be made within 60 days after the City issues its written statement.
B. If the claimant disputes the City s written statement or If the City does not issue a written
statement in the prescribed time period, the claimant may demand in writing an informal
meet and confer conference, which shall be scheduled within 30 days of receipt of
claimant's demand.
C. Within 10 business days of the meet and confer conference, if a dispute remains, the City
shall provide a written statement identifying the portion of the claim that remains in dispute
and the undisputed portion. The City shall pay any remaining amount of the undisputed
portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding
mediation or similar nonbinding process, with the City and claimant sharing the costs
equally and agreeing to a mediator within 10 business days. If the parties cannot timely
agree on a mediator, each party shall select a mediator and those mediators shall select a
qualified neutral third party to mediate the remaining disputed portion. If mediation is
unsuccessful, any remaining disputed portion shall be addressed using procedures outside
of Public Contract Code section 9204.
D. Failure by the City to meet the time requirements herein shall result in the claim being
rejected in its entirety and shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
The signature below represents that the above has been revie ed.
n8�w9 ,�
Contractor's License No. & Classification AutWHLFed Signature/Title T , j✓Ie A(7fAgl
/0)MzGys
DIR Reference Number & Expi(ation Date
Bidder
Date
City of Newport Beach
SLURRY SEAL PROGRAM
Contract No. C-7169-1
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of Newport
Beach, a charter city, in the principal sum of Ten Percent of the Total Amount Bid -------------
Dollars ($10% of amount bid ), to be paid and forfeited to the City of
Newport Beach if the bid proposal of the undersigned Principal for the construction of SLURRY
SEAL PROGRAM, Contract No. C -7169 -lin the City of Newport Beach, is accepted by the City
Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and
the Principal fails to execute the Contract Documents in the form(s) prescribed, including the
required bonds, and original insurance certificates and endorsements for the construction of the
project within thirty (30) calendar days after the date of the mailing of "Notification of Award",
otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing this Bond as an individual, it
is agreed that the death of any such Principal shall not exonerate the Surety from its obligations
under this Bond.
Witness our hands this 19th day of March , 2018.
American Asphalt South, Inc.
Name of Contractor (Principal)
The Guarantee Company
of North America USA
Name of Surety
One Towne Square, Suite 1470
Southfield, MI 48076
Address of Surety
(866) 328-0567
Telephone
�§�t ignaturef�itle_
-ow 4 YC� KY/.t4'Mf
Authorized Agent Signal
Bobbie Beeny, Attorney -In -Fact
Print Name and Title
(Notary acknowledgment of Principal & SuretV must be attached)
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 j6Z_,0 ee4-8)0,r-j ,nn }
rn �
On r.rck 141 dolt before me, �Q� i ! I tA�i� 6'ro.ril Ho+0_r ,
ere insert nome an aIle of me olilerl
personally appeared i 2 C2 U
who proved to me on the basis of satisfactory evi nce to be the person(sTwhose
name( is/axe subscribed to the within instrument and acknowledged to me that
he/skte/they executed the same in his/beer/their authorized capacity(ies), and that by
his/her/their signature(a� on the instrument the person(s), or the entity upon behalf of
which the person(,s'j 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.
WiTN S my hand and o ficial sea COMM. 92210 24i
Notary Public - California o
i $
an Bernardino County
FA Comm. Fx ides 18, 2021
Notary Pu is Signature (Notary Public Seal) -- — — — —_-- — — — —
ADD TIONAL
DESCR
(Tifle or description of ana
(Title or description of ana
Vumber of Pages _
,tIONAL INFORM,
ATTACHED DOCUMENT .
1 document)
I document continued)
Document Date -
2 3 1
ate_
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
231 a Vr,1&ion wtYiv Notary C .. aaHS.:,:^.tti ii 60-'J'3 ;366'_'
INSTRUCTIONS FOR COMPLETING THIS FORM
I Thisfornt complies wilh clurem California statutes regarding notary wording and,
if needed/ should be completed and allached to the document. Acknoeledgments
from otter states arm' be completed for documents being sent to Ural stole so long
as the wording does nor require the California notary to malate California notal),
lrae.
• State and County information must be the State and County where the document
signers) personally appeared before the notary public for acknowledgment.
• 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
commission followed by a comma and then your title (notary public).
• Print the names) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/gme�" is /ere) or circling the correct forams. Failure to correctly indicate this
infommation may lead to rejectirom of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal 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).
• Securely attach this document to the signed document with a staple.
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 March 19, 2018
before me, Elizabeth Collodi, Notary Public
(insert name and title of the officer)
personally appeared Bobbie Beeny
who proved to me on the basis of satisfactory evidence to be the person($) whose name(s) is/wa
subscribed to the within instrument and acknowledged to me that tae/she/kmwexecuted the same in
)bds/her/tbedxauthorized capacity(, and that by JDWher/ttxaixsignature(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
ELIZABETH COLLODI I�
Sy�}�
COMM. M 2227348 D
NOTARY PUBLIC CALIFORNIA y
COUNTY OF BUTTE w
L
Comm. Expires FEB. 1, 2022
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, John Hopkins, Elizabeth Collodi, Bobbie Beeny, Phillip O. Watkins, Mindy Whitehouse, Jennifer Lakmann, Sara Walliser,
John J. Weber, Stephanie Agapoff, Katherine Gordon, Jessica Monlux, Breanna Bofman, Vicky Troyan
Interest 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 otherwritings 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 orrevocation.
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 2""day of October, 2015.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
eU
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
said company.
Cynthia A. Takai
Notary Public, State of Michigan
County of Oakland
,�rY,� to, My Commission Expires February 27, 2024
T.ya8vs
Acting in Oakland County
.vT,e W
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.
kyr+*ter IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 19 day of March 2018
�""" Randall Musselman, Secretary
City of Newport Beach
SLURRY SEAL PROGRAM
Contract No. C-7169-1
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 Contractors 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
monles 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 N needed.)
Subcontractor's Information
Bid Item
Description of Work
%of
Number
Total Bid
Name: � roll.5a��i0A�
Address: IM11 T4 "Yo l�ry M tgo
6
P f
y %Y0
I Phone:(93►) 946-0100
State License Number M1117?
DIR Reference. /0 021/f�
//
Email Address. Ai11i0ti048AW T.CD
Name 9C Irrame S.& 4 %1
Address-. 6�s Q6 ural
gretsM
Phone 01�i
%) 99y //AD/i�o�
�✓ iNQ Q�la ✓7T��`
/9/°
a
State License Number a
DIR Reference /DO�bOS�o3
/1�� ��c�r
Email Address: tlkjmL W t 6A(c, (On/
Name
Address:
Phone:
State License Number
DIR Reference:
Email Address
Bidder ( f Authorized n�ture/Titll
9 l��Ct XrriaEir/
City of Newport Beach
SLURRY SEAL PROGRAM
Contract No. C-7169-1
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this formlll Please print or type.
'Ar
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 $120,000, provide the following information:
No. 1
Project Name/Number 412r/ji /YjfOb
Project Description �c4.�LA5t PJ;t�1601(-AO?l ✓!PZL,0y
Approximate Construction Dates: From Znike 94'4 To:
Agency Name C V
''
Contact Person 647
7 r G�/� Telephone (W/)
Original Contract Amount�y
$ Final Contract Amount $
If final amou�nnt is differer� from oris i al, tease explain (change orders, extra work, etc.)
'AxAd lu ra- a=
Did you file any claims against the Agency? Did the Agency file any claims
agWou/Coritractor? If yes, briefly explain and indicate outcome of claims.
10
No. 2
Project Name/Number &W Adlcf Sl i e /WAINywre Aer
Project Description
Approximate Construction Dates: From To:
Agency Name
Contact Person Telephone (WS _& yO4y
ivy yi
Original Contract Amount $ Final Contract Amount $ ,4Q�O,
If final
from original, pJpap explain tpgange orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
againsj you/Cortractor7 If yes, briefly explain and indicate outcome of claims.
No. 3
Project Name/Number
Project Description
Approximate Construction Dates: From
Agency Name 70�w yx� 4r/lai
Contact Person AeX _ AIxo t
To.
Telephone l* AP-1-Or—
Original
P 1 -Or
Original Contract Amount $ Final Contract Amount'9" y�
If final amount is different from
extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
11
No. as -eY
Project Name/Number
Project Description
Approximate Construction Dates: From
Agency Name i re
Contact Person
Original Contract Amount$ Fir
If final ampUnt is different frcm.oriainal.
To: "elme -tow,
Telephone OW 9// "0
Contract Amount $ / X4 0/S9. 9D
(change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No. 5
Project Name/Number
Project Description
Approximate Construction Dates: From 71/-/
Agency Name GIk
Contact Person Pr
Original Contract Amount
If final amoun
.4 /P
Telephone 40
Contract Amount $ A o
tjs djffiAent from original, pleas, explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against,you/Cpntractor? If yes, briefly explain and indicate outcome of claims.
12
No. 6
Project Name/Number
Project Description %
Approximate Construction
Dates: From
/�
Agency Name
,7 0/9 To: Ocl . x'4/9 r
Contact Person.0 e t^ir1�i� Telephone
O.3s
Original Contract Amount $ ' Final Contract Amount $
If fina!Ymountis differentfrom origjnal, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/ConSractor? If yes, briefly explain and indicate outcome of claims.
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on-site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the Contractor's current financial
conditions.
A�i°►1QJN IFJ/��%%KiY,if
Bidder
13
Authq&6d Signature/Title
Tem /¢�s�, Y.« / A*;.i
City of Newport Beach
SLURRY SEAL PROGRAM
Contract No. C-7169-1
NON -COLLUSION AFFIDAVIT
State of California )
) ss.
County of t
being firstt duly ��WvoJnj�epos and says that he or she is
r[f n of�JNl171iJSM mit/f os 2aAG , the party making the
foregoing bid; that the bid is not made in the interest of, or bn 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 per]ury of the laws of the State of Califomia at the to going is true and correct.
Bidder Authorized Siq aturell itle,Te , J^.te2. A040e01
Subscribed and sworn to (or affirmed) before me on this S4 day of 40,,'l 2018
by Te 9 Pe 444 proved to me on the basis of
satisfactory evidence 16 be the person(s) who appeared before me.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
RICHARD ENT IKIN No ary Public
COMM. #2201331 Z
[SEAL] Notary Public • California c
San Bernardino County
My Corso. Expires July 13, 2021 My Commission Expires: 7 J 2
14
City of Newport Beach
SLURRY SEAL PROGRAM
Contract No. C-7169-1
DESIGNATION OF SURETIES
Bidder's name fW-491e ✓Qim .LNt
Provide the. names, addresses, and phone numbers for all brokers and sureties from
whom Bidder intends toprocure insurance and bonds (list by insurance/bond type):
te/ed
15
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
MERGED, CA 95340
(209)724-2324
City of Newport Beach
SLURRY SEAL PROGRAM
Contract No. C-7169-1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name-,/,*L1fto
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
2017
2016
2015
2014
2013
Total
2018
No. of contracts
41�
las
/yy
IL9
3�S
Total dollar`
Amount of
Contracts (in
6
44�
39
� �
y/
,9�
�
/y63
Thousands of $
No. of fatalities
O
D
O
U
O
D
No. of lost
Workday Cases
D
O
O
6
No. of lost
workday cases
involving
permanent
transfer to
anotherjob or
!�
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 �A1cW'ii^4I9 t4/7/f JOA
Business Address: d sad ev-pey>i►1
Business Tel. No.: 79011�9��1�
State Contractor's License No. and
Classification:
Title �,, * �.►
The above information was compiled from the records that are available to me at this time
and I declare under penalty of perjury that the information is true and accurate within the
limitations of those records.
Signature of
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 myst be provided, followed by signatures of all of the
partnersfjoint ventures or if.fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the partnership/joint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of
the corporation. All must be acknowledged before a Notary Public, who must certify that
such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
[NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED]
17
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.
Slate of California
County of San Bernardino
On j2,:1 1 sk-04 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) islaw
subscribed to the within instrument and acknowledged to me that heiskeUkepexecuted the same
hislbwilhek authorized capacity(tes), and that by hislba4lbetr signature(s) on the instrument the
person(s), or the entily upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
I SRICHARD ENTRIRIN
COMM. #2201331
Notary Public • California C.
San BMIat = County -
t Corin ' July 13, 202, +
Signature —���-" (Seal)
11
City of Newport Beach
SLURRY SEAL PROGRAM
Contract No. C-7169-1
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name A&WQ7►i f/� 114 At
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
City of Newport Beach
SLURRY SEAL PROGRAM
Contract No. C-7169-1
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: Amo dpiklglr.��-,
Business
Telephone and Fax Number:
California State Contractor's License No.
(REQUIRED AT TIME OF AWARD)
1,mV 8.,/?l9 AB
/lV/x1X
and Class:-%FJir�/,i /f
Original Date Issued: 09 1AV Expiration Date: d?/,0/�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:
ZEIr ,rl nale / - %jecl 1Yrmypr
0
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
Arl-aleo
Corporation organized under the laws of the State of Ll-/�4Vi 4
19
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
/Ua rte
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows:
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide:
Provide the names, addresses and telephone numbers of the parties;
Briefly summarize the parties' claims and defenses;
N�W_
Have yyggu ever had a contract terminated by the owner/agency? If so, explain.
efiq.
Have yoy figver failed to complete a project? If so, explain.
iU0_
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.)? Yeso
20
Are any claims or actions unresolved or outstanding? Yes /0
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.
Bidder
;�r A&I
(Print name of 0 ner � President
of Corporation! mpanyY
Authori Signature/Title
Ace 144egl
Title
Date
On A ,',1 6 doi 8 before me, ��, ii �., E...-Nn�.e, Notary Public, personally appeared
i,* #-' Pe�Y�'y o 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/heraheirauthodzed capacity(ies), and that
by his/her/fkelrsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public in and for said State
My Commission Expires: 7/1 )A I
21
RICHARD PRIMA
(SEAL) o COMM. 02201331 z
rc Notary Public • California
z San Serruraw County
I Cama Fzgira M 13, 2021
City of Newport Beach
SLURRY SEAL PROGRAM
Contract No. C-7169-1
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.
22
SLURRY SEAL PROGRAM
CONTRACT NO. 7169-1
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 24th day
of April, 2018 ("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, California 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: distributing
door hanger notifications to all homes and businesses in the work area, setting up
traffic control, edge grinding, crack sealing, removing striping, slurry sealing, seal
coating, temporary striping, final striping with thermoplastic paint and street
sweeping for the Slurry Seal Program (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. 7169-1, 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 Seven Hundred Seventy Thousand Four Hundred Dollars
and 00/100 ($770,400.00).
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 Tyler Skender 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
6.1 Unless a shorter time is specified elsewhere in this Contract, before making
its final request for payment under the Contract Documents, Contractor shall submit to
City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in writing
and identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and City expressly agree that in addition to all claims filing
American Asphalt South, Inc. Page 2
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.).
6.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined
in Public Contract Code section 9204 or any successor statute thereto, Contractor shall
be required to file such claim with the City in strict conformance with the Government
Claims Act (Government Code sections 900 et seq.).
7. WRITTEN NOTICE
7.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Contract shall be given in writing, and
conclusively shall be deemed served when delivered personally, or on the third business
day after the deposit thereof in the United States mail, postage prepaid, first-class mail,
addressed as hereinafter provided.
7.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attention: Public Works Director
City of Newport Beach
Public Works Department
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658
7.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: Tyler Skender
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.
American Asphalt South, Inc. Page 3
Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the terms of this Contract. Anything
in this Contract that may appear to give City the right to direct Contractor as to the details
of the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the results of the Work.
9. BONDING
9.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract both of the following: (1) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
this Contract in the form attached as Exhibit B and incorporated herein by reference; and
(2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%)
of the total amount to be paid Contractor as set forth in this Contract and in the form
attached as Exhibit A and incorporated herein by reference.
9.2 The Faithful Performance Bond and Labor and Materials Payment Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
9.3 Contractor shall deliver, concurrently with execution of this Contract, the
Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy
of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the
State of California.
H 9101;2 =1 .
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
American Asphalt South, Inc. Page 4
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 Contract, the services to be provided
under this Contract shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Contractor, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture
or syndicate or co -tenancy, which shall result in changing the control of Contractor.
Control means fifty percent (50%) or more of the voting power or twenty-five percent
(25%) or more of the assets of the corporation, partnership or joint -venture.
14. PREVAILING WAGES
In accordance with the California Labor Code (Sections 1770 et seq.), the Director
of Industrial Relations has ascertained the general prevailing rate of per diem wages in
the locality in which the work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the contract. A copy of said determination is
available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. All parties to the contract shall be
governed by all provisions of the California Labor Code — including, but not limited to, the
requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the
prevailing wage rates shall be posted by the Contractor at the job site.
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project
are identified in the Contractor's Proposal and are attached as part of the Contract
Documents. Contractor shall be fully responsible to City for all acts and omissions of any
subcontractors. Nothing in this Contract shall create any contractual relationship between
City and subcontractor, nor shall it create any obligation on the part of City to pay or to
see to the payment of any monies due to any such subcontractor other than as otherwise
required by law. City is an intended beneficiary of any Work performed by the
subcontractor for purposes of establishing a duty of care between the subcontractor and
City. Except as specifically authorized herein, the Work to be performed under this
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
American Asphalt South, Inc. Page 5
Project by Contractor, or its subcontractors, or its workers, or anyone employed by either
of them.
16.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees and
volunteers (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Contract, any Work performed
or Services provided under this Contract including, without limitation, defects in
workmanship or materials or Contractor's presence or activities conducted on the Project
(including the negligent, reckless, and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them or
for whose acts they may be liable for any or all of them).
16.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Contract. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Contractor.
16.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Project Work.
16.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
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.
American Asphalt South, Inc. Page 6
16.8 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
17. CHANGE ORDERS
17.1 This Contract may be amended or modified only by mutual written
agreement of the parties.
17.2 The Contractor shall only commence work covered by a change order after
the change order is executed and notification to proceed has been provided by the City.
17.3 There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
18. CONFLICTS OF INTEREST
18.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Contract, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
18.2 If subject to the Act, Contractor shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination
of this Contract by City. Contractor shall indemnify and hold harmless City for any and all
claims for damages resulting from Contractor's violation of this Section.
19. TERMINATION
19.1 In the event that either party fails or refuses to perform any of the provisions
of this Contract at the time and in the manner required, that party shall be deemed in
default in the performance of this Contract. If such default is not cured within a period of
two (2) calendar days, or if more than two (2) calendar days are reasonably required to
cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non -defaulting party may terminate the Contract forthwith by giving to the defaulting party
written notice thereof.
19.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract at any time by giving seven (7)
calendar days' prior written notice to Contractor. In the event of termination under this
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 ATTORNEY'S OFFICE
Date: S 3
By:
Aaron C. Harp N""" s•3•�g
City Attorney
ATTEST: y
Date: 0
r
By: byw-__
Leila
I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
arshall "Duff Duffield
Mayor
CONTRACTOR: American Asphalt
South, Inc., a California corporation
Signed in Counterpart
Jeff Petty
Vice President
Date:
Signed in Counterpart
By:
Lyle 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
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 ATTORNEY'S OFFICE
Date: s 3
By:
Aaron C. Harp M& -o 5•3•te
City Attorney
ATTEST:
Date:
On
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By
Marshall "Duffy" Duffield
Mayor
CONTRACTOR: American Asphalt
South, Inc. a Carnia corporation
Date: ;w e , 010
By:
Jeff P
Vice President
Date: /oG
By:
L tone
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
Premium Included in Performance Bond
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. 12159703
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 The
work necessary for the completion of this contract consists of distributing door hanger
notifications to all homes and businesses in the work area, setting up traffic control, edge
grinding, crack sealing, removing striping, slurry sealing, seal coating, temporary striping,
final striping with thermoplastic paint and street sweeping. 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
Seven Hundred Seventy Thousand Four Hundred Dollars and 001100 ($770,400.00)
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.
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
American Asphalt South, Inc. Page A-1
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 3rd day of May '2018
American Asphalt South, Inc.
Name of Contractor (Principal)
The Guarantee Company of North America USA
Name of Surety
One Towne Square, Ste. 1470, Southfield, Michigan 48076
Address of Surety
866-328-0567
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Aut rized Signature/Title
C%�'�CLD A
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 !�%, �oifT 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) War&
subscribed to the within instrument and acknowledged to me that he/skeXS eyexecuted the same in
his/b&FLlJ4& authorized capacity(ies), and that by his/be43b,& 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.
Signature _ r.
RICHARD ENTRIKIN
COMM. #2201331 z
W . ar Notary Public - California o
Z San Bernardino County
Comm. Expires Ju 021
13, 2+
(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 May 3 20 is before me, Elizabeth Collodi
Notary Public, personally appeared Sara Walliser
who proved to me on the basis of satisfactory evidence to be the person whose name() is/.&fT
subscribed to the within instrument and acknowledged to me that'Wshe%twtey executed the same
in.bieher/yaetrauthorized capacity(ies), and that by beher/their signatures(rs') on the instrument
the person(s), or the entity upon behalf of which the personX 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.
0011
WITNESS my hand and official seal. �t 4k ELIZABETHCOL� L
g COMM. 9 2227348 D
„ 99
NOTARY PUBLIC CALIFORNIA w
^ < .X
COUNTY OF
Comm. Expires FEB.B. 1. 1, 2022 It
Signa t 'Iiava„�.(s."e.aolo)....
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
nature
(seal)
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, John Hopkins, Elizabeth Collodi, Bobbie Beeny, Phillip O. Watkins, Mindy Whitehouse, Jennifer Lakmann, Sara Walliser,
John J. Weber, Stephanie Agapoff, Katherine Gordon, Jessica Monlux, Breanna Bofman, Vicky Troyan
Interwest Insurance Services, LLC
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surely, any and all bonds and undertakings, contracts of indemnity
and otherwritings 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 orrevocation.
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 8th 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.
SMG
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 2ntlday of October, 2015.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
STATE OF OF MICHIGAN Stephen C. Ruschak, President & ChiefOperating 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
said company.
e Cynthia A. Takai
Notary Public, State of Michigan
County of Oakland
My Commission Expires February 27, 2024
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.
r
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.
o�ew*rer IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 3 day of May 2018
,v
-�'"" Randall Musselman, Secretary
Premium for Contract Term Subject to
Adjustments Based on Final Contract Price
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. 12159703
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ $4,852.00 , being at the
rate of $ $7r$T/$5 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 The
work necessary for the completion of this contract consists of distributing door hanger
notifications to all homes and businesses in the work area, setting up traffic control, edge
grinding, crack sealing, removing striping, slurry sealing, seal coating, temporary striping,
final striping with thermoplastic paint and street sweeping. 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 Seven
Hundred Seventy Thousand Four Hundred Dollars and 001100 ($770,400.00) 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
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
American Asphalt South, Inc. Page B-1
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 3rd day of May ,2018 .
American Asphalt South, Inc.
Name of Contractor (Principal)
The Guarantee Company of North America USA
Name of Surety
One Towne Square, Ste. 1470, Southfield, Michigan 48076
Address of Surety
866-328-0567
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Aaron C. Harp
City Attorney
&I. VR
ALjWorized Signature/Title
t)
Authorized Agent Slgn�ature
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
OnM�% d o/f7 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 names) is/ace
subscribed to the within instrument and acknowledged to me that he/shea4e7-executed the same in
his/b,wdhe{r authorized capacity(ies), and that by his/he43bair 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 ENTMM
comm. 02201331 z
WITNESS my hand and official seal. i 6 Y Notary Public - California o
San Bernardino County
Comm. F!pies Ju 13, 2021
Signature �� (Seal)
ACKNOWLEDGMENT
A
no 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 May 3 20 18 before me, Elizabeth Collodi
Notary Public, personally appeared Sara Walliser
who proved to me on the basis of satisfactory evidence to be the person�4 whose nameol ism
subscribed to the within instrument and acknowledged to me that>e/she/Wexecuted the same
in Jail/hertyh& authorized capacity(jas'J, and that by bWher/tkleir'signatures(aj on the instrument
the personW, or the entity upon behalf of which the person
,W acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct
WITNESS my hand and official seal.
!I ELIZABETH COLLODI 4
r F COMM. N 2227348 D
�,NOTARY PUBLIC CALIFORNIA w
4 �', COUNTY OF BUTTE
4Comm. Expires FEB. 1. 2022 It
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of )SS.
On , 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
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, John Hopkins, Elizabeth Collodi, Bobbie Beeny, Phillip O. Watkins, Mindy Whitehouse, Jennifer Lakmann, Sara Walliser,
John J. Weber, Stephanie Agapoff, Katherine Gordon, Jessica Monlux, Breanna Bofman, Vicky Troyan
Intenvest 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 inslrument(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 M, 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 2"d day of October, 2015.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
Vi
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
said company.
Cynthia A. Takai
Notary Public, State of Michigan
_ County of Oakland
i- oto My Commission Expires February 27, 2024
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.
.WnffG IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 3 day of May 2018
Randall Musselman, Secretary
EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Contract, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Contractor agrees
to provide insurance in accordance with requirements set forth here. If Contractor
uses existing coverage to comply and that coverage does not meet these
requirements, Contractor agrees to amend, supplement or endorse the existing
coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee for bodily injury by accident and each employee for bodily
injury by disease in accordance with the laws of the State of California,
Section 3700 of the Labor Code. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with California law for all of the
subcontractor's employees. The insurer issuing the Workers'
Compensation insurance shall amend its policy by endorsement to waive
all rights of subrogation against City, its elected or appointed officers,
agents, officials, employees and volunteers.. Contractor shall submit to
City, along with the certificate of insurance, a Waiver of Subrogation
endorsement in favor of City, its elected or appointed officers, agents,
officials, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate and two
million dollars ($2,000,000) completed operations aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
American Asphalt South, Inc. Page C-1
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers and
insurance clauses from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its elected or appointed officers, agents, officials, employees and
volunteers shall be included as additional insureds under such policies.
C. Primary and Non Contributory. Contractor's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to
City, its elected or appointed officers, agents, officials, employees and
volunteers. Any insurance or self-insurance maintained by City shall be
excess of Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days' notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. All of the executed
documents referenced in this Contract must be returned to City within ten
American Asphalt South, Inc. Page C-2
(10) regular City business days after the date on the "Notification of Award".
Insurance certificates and endorsements must be approved by City's Risk
Manager prior to commencement of performance. Current certification of
insurance shall be kept on file with City at all times during the term of this
Contract. City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
B. City's Right to Revise Requirements. The City reserves the right at any time
during the term of the Contract to change the amounts and types of
insurance required by giving Contractor ninety (90) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Contract Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of City to inform Contractor of
non-compliance with any requirement imposes no additional obligations on
City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Exhibit A are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally
provided by any insurance. Specific reference to a given coverage feature
is for purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available proceeds in excess of specified minimum limits of insurance and
coverage shall be available to the City.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any
self-insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self -insure its
obligations to City. If Contractor's existing coverage includes a self-insured
retention, the self-insured retention must be declared to City. City may
American Asphalt South, Inc. Page C-3
review options with Contractor, which may include reduction or elimination
of the self-insured retention, substitution of other coverage, or other
solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
G. City Remedies for Non Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Contract, or to suspend Contractor's right to proceed until proper evidence
of insurance is provided. Any amounts paid by City shall, at City's sole
option, be deducted from amounts payable to Contractor or reimbursed by
Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
I. Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Contract are intended to apply
to the full extent of the policies. Nothing contained in this Contract or any
other agreement relating to City or its operations limits the application of
such insurance coverage.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this or
any other Contract or agreement with City. Contractor shall provide proof
that policies of insurance required herein expiring during the term of this
Contract have been renewed or replaced with other policies providing at
least the same coverage. Proof that such coverage has been ordered shall
be submitted prior to expiration. A coverage binder or letter from
Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided
to City with five (5) calendar days of the expiration of the coverages.
American Asphalt South, Inc. Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 5/4/18
Dept./Contact Received From: Raymund
Date Completed: 5/4/18 Sent to: Raymund By: Jan
Company/Person required to have certificate: A American Asphalt -Contra 169-1
Type of contract: 11 Public Works
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION
DATE: 12/31/17 — 12/31/18
EFFECTIVE/EXPIRATION DATE: 12/31/17 —12/31/18
A.
INSURANCE COMPANY: Financial Pacific Insurance Company
B.
AM BEST RATING (A-: VII or greater): A / XI
C.
ADMITTED Company (Must be California Admitted):
B.
AM BEST RATING (A-: VII or greater) A / XI
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$2M/$4M/$4M
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
® Yes
include): Is it included? (completed Operations status does
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
UM, $2M min for Waste Haulers): What is limits provided?
$1,000,000
COMPLETED OPERATIONS ENDORSEMENT (completed
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
(What is limits provided?)
N/A
its officers, officials, employees and volunteers): Is it
F.
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
G.
PRIMARY & NON-CONTRIBUTORY WORDING
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A
is not limited solely by their negligence) Does endorsement
®No
I.
include "solely by negligence" wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 12/31/17 —12/31/18
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?
® Yes
❑ No
D.
LIMITS - If Employees (Must be $1M 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.
ADDITIONAL INSURED WORDING
❑ N/A
® Yes
❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING
❑ N/A
® Yes
❑ No
H.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A
❑ Yes
®No
I.
NOTICE OF CANCELLATION:
❑ N/A
0 Yes
❑ No
WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 4/1/18-4/1/19
A. INSURANCE COMPANY: Arch Insurance Company
B. AM BEST RATING (A-: VII or greater): A+/XV
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $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?
App
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
5/4/18
Date
® Yes ❑ No
® 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
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management
* Subject to the terms of the contract.
City of Newport Beach
SLURRY SEAL PROGRAM
Contract No. C-7169-1
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. C-7169-1 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:
Da e
Bidder's Telephone and Fax Numbers
Bidder's License No(s).
and Classification(s)
Bidder's email address:
PR -1
'Ariay 440411 AL/0
Bidder
Bid is Authorized Signature and Title
Bidder's Address
City of Newport Beach
SLURRY SEAL PROGRAM (C-7169-1), bidding on April 5, 2018 10:00 AM (Pacific)
Bid Results
Bidder Details
Vendor Name
American Asphalt South, Inc.
Address
14436 Santa Ana Avenue
Fontana, CA 92337
United Stales
Respondee
Lyle Stone
Respondee Title
Corporate Secretary
Phone
909-427-8276 Ext.
Email
lyles@americanasphaltsoulh.com
Vendor Type
License #
CADIR
Bid Detail
LS
Bid Format
Electronic
Submitted
April 5, 2018 9:03:06 AM (Pacific)
Delivery Method
3 Edge Grinding
Bid Responsive
Bid Status
Submitted
Confirmation #
136643
Ranking
0
Respondee Comment
Buyer Comment
Attachments
File Title File Name
General Attachment Newport Beach General Attachment.pdf
Bid Bond Newport Beach -Bid Bond.pdf
Line Items
Type Item Code UOM qty Unit Price
Page 1
Printed 04/05/2018
File Type
General Attachment
Bid Bond
Line Total Comment
Section 1
1 Mobilization
LS
1
$15,000.00
$15,000.00
2 Traffic Control
LS
1
$60,000.00
$60,000.00
3 Edge Grinding
LF
200000
$0.39
$78,000.00
4 Crack Seal
LS
1
$53,500.00
$53,500.00
5 Type I Slurry Seal
SF
3600000
$0.10
$360,000.00
..,r,.,, Br: 1; 1 11
City of Newport Beach
SLURRY SEAL PROGRAM (C-7169-1),
bidding on April 5, 2018 10:00 AM (Pacific)
Bid Results
Type Item Code
UOM qty
6 Sealcoat Asphalt Based
SF 245000
7 Signing and Striping
LS 1
Subcontractors
Name & Address
Description License Num
NPG, Inc.
Sealcoat Asphalt Based 664779
1354 Jet Way
Perris, CA 92571
United States
B.C. Traffic Specialist
signing and striping 877686
638 w. Southern Ave.
Orange, CA 92865
United States
Page 2
Printed 04/05/2018
Unit Price Line Total Comment
$0.17 $41,650.00
$162,250.00 $162,250.00
Subtotal $770,400.00
Total $770,400.00
CADIR Amount Type
1000002457 $37,975.00 DGS,CADIR
1000005503 $147,495.00 CADIR
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 1
SLURRY SEAL PROJECT
CONTRACT NO. 7169-1
DATE: April 2, 2018 BY: k
CI ENGINEER
TO: ALL PLANHOLDERS
The following changes, additions, deletions, or clarifications shall be made to the contract
documents — all other conditions shall remain the same.
PROPOSAL
Change Bid Item 3 from Lump Sum (LS) to 200,000 Linear Feet (LF).
Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may
not be considered unless this signed Addendum No. 1 is attached.
I have carefully examined this Addendum and have
included full payment in my Proposal.
f%ri1L'rz;w /�J M �z .liY/ �e
Bidder's Name �—(Please Print)
DatTe
Authorizo Signature & Title
Je4ei5, Ne rorHr�
CITY OF NEWPORT BEACH CBENJAMIN
PUBLIC WORKS DEPARTMENT INDEX 9FORSPECIAL PROVISIONS
SLURRY SEAL PROGRAM
CONTRACT NO. 7169-1
PART 1 -GENERAL PROVISIONS
SECTION 1 -TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS
1-2 TERMS AND DEFINITIONS
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
2-6 WORK TO BE DONE
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.3 Markup
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
SECTION 5 - UTILITIES
5-2 PROTECTION
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
6-1.1 Construction Schedule
6-7 TIME OF COMPLETION
6-7.1 General
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY
6-9 LIQUIDATED DAMAGES
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
7-1.2 Temporary Utility Services
7-2 LABOR
7-2.2 Prevailing Wages
7-8 WORK SITE MAINTENANCE
7-8.4 Storage of Equipment and Materials
7-8.4.2 Storage in Public Streets
7-8.6 Water Pollution Control
I
1
1
1
1
2
2
2
2
2
2
2
2
3
3
3
3
3
3
3
3
3
4
4
S
5
6
6
6
6
6
6
6
6
7
7-8.6.2 Best Management Practices (BMPs)
7-10 SAFETY
7-10.3 Haul Routes
7-10.4 Safety
7-10.4.1 Work Site Safety
SECTION 9 - MEASUREMENT AND PAYMENT
9-2 LUMP SUM WORK
9-3 PAYMENT
9-3.1 General
9-3.2 Partial and Final Payment.
PART 2 - CONSTRUCTION MATERIALS
SECTION 203 — BITUMINOUS MATERIALS
203-5 SLURRY SEAL
203-5.1 General
203-5.4 Emulsion -Aggregate Slurry (EAS)
203-5.4.1 General
203-5.4.2 Materials
7
7
7
7
7
W
9
9
10
10
10
10
SECTION 214—TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 10
214-4 PAINT FOR STRIPING AND MARKINGS
10
214-4.1 General
10
214-6 PAVEMENT MARKERS
10
214-6.3 Non -Reflective Pavement Markers
10
214-6.3.1 General
10
214-6.4 Retroreflective Pavement Markers
10
214-6.4.1 General
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
300-1.3.1 General
11
SECTION 302 - ROADWAY SURFACING
11
302-1 COLD MILLING OF EXISTING PAVEMENT
11
302-1.4 Profile Milling
11
300-1.3.1 General
12
302-4 SLURRY SEAL SURFACING
12
302-4.8 Spreading and Application
12
302-4.9 Field Sampling and Testing
12
302-4.12 Street Sweeping and Cleanup
12
SECTION 314—TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS
12
314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS
13
314-2.1 General
13
314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS
13
314-4.1 General
13
314-4.2 Control of Alignment and Layout
13
314-4.2.1 General
13
314-4.4 Thermoplastic Traffic Striping and Pavement Markings
13
314-4.4.1 General
13
314-4.4.2 Surface Preparation
314-5 PAVEMENT MARKERS
314-5.1 General
PART 6 — TEMPORARY TRAFFIC CONTROL
SECTION 600 - ACCESS
600-1 GENERAL
600-2 VEHICULAR ACCESS
600-3 PEDESTRIAN ACCESS
SECTION 601— WORK AREA TRAFFIC CONTROL
601-1 GENERAL
601-2 TRAFFIC CONTROL PLAN (TCP)
14
14
14
14
14
14
15
15
15
15
15
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
SLURRY SEAL PROGRAM
CONTRACT NO. 7169-1
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 -6087-S); (3) the City's
Design Criteria, Standard Special Provisions and Standard Drawings for Public Works
Construction, (2004 Edition), including Supplements; (4) Standard Specifications for
Public Works Construction (2015 Edition) including supplements. The City's Design
Criteria, Standard Special Provisions and Standard Drawings for Public Works
Construction are available at the following website:
http://www.newportbeachca.gov/government/departments/public-works/resources
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 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND
SYMBOLS
1-2 TERMS AND DEFINITIONS
Add the following definition:
City — City of Newport Beach
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
Page 1 of 16
At the time of the award and until completion of work, the Contractor shall possess an
"A" or "C-12" license. At the start of work and until completion of work, the Contractor
and all Subcontractors shall possess a valid Business License issued by the City.
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
If there is a conflict or discrepancy between different Contract Documents, the more
stringent requirement as determined by the Engineer shall control.
2-6 WORK TO BE DONE
The work necessary for the completion of this contract consists of distributing door
hanger notifications to all homes and businesses in the work area, setting up traffic
control, edge grinding, crack sealing, removing striping, slurry sealing, seal coating,
temporary striping, final striping with thermoplastic paint and street sweeping.
SECTION 3 - CHANGES IN WORK
R�l�f�7_t��r[7i7
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.2.3 Tool and Equipment Rental
Tool and equipment rental rates shall be based on the current Caltrans rental rates.
3-3.2.3 Markup
3-3.2.3.1 Work by the Contractor
Delete this section and replace with the following: The following percentages shall be
added to the Contractor's costs (prior to any markups) and shall constitute the markup
for all overhead and profit:
1)
Labor ............................................
15
2)
Materials .......................................
15
3)
Equipment Rental ...........................
15
4)
Other Items and Expenditures ...........
15
3-3.2.3.2 Work by a Subcontractor
Delete this section and replace with the following: When all or any part of the extra work
is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be
Page 2 of 16
applied by the Subcontractor to the actual costs (prior to any markups) and shall
constitute the markup for all overhead and profit. An additional markup of five (5)
percent of the subcontracted actual cost (prior to any markups) may be added by the
Contractor.
To the sum of the costs and markups provided for in this subsection, one (1) percent
may be added for compensation for bonding.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
All material and articles furnished by the Contractor shall be subject to rigid inspection,
and no material or article shall be used until it has been inspected and accepted by the
Engineer. The Contractor shall furnish the Engineer with 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
5-2 PROTECTION
In the event that an existing pull box, meter box or any other utility box is damaged by
the Work and is not re -useable, the Contractor shall provide and install a new
replacement pull box, meter box or any other utility box 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
6-1.1 Construction Schedule
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
Page 3 of 16
Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval
a minimum of five working days prior to the pre -construction meeting.
The Engineer will review the baseline 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 baseline schedule, the Contractor shall be prohibited from starting
additional work until Contractor has exerted extra effort to meet the baseline schedule
and has demonstrated the ability to maintain the 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.
Contractor shall update the schedule periodically or as directed by the Engineer to reflect
any delay or extension of time. In additional, Contractor shall prepare 2 -week look -ahead
schedules on a bi-weekly basis with detailed daily activities.
Contractor shall provide a list of streets that will be slurry sealed on each Friday, which is
the trash pickup day in this neighborhood, so the City can coordinate early trash pickup
on these streets every week.
Contractor must coordinate all special scheduling work adjacent to schools. This
contract includes slurry sealing Pacific View Drive, which is adjacent to Lincoln
Elementary and Harbor Day schools and Port Seabourne, which is adjacent to
Anderson Elementary School. Slurry sealing adjacent to these schools shall not
commence until after June 22nd when schools are out of session. This may require the
contractor to demobilized and remobilize to multiple locations.
Newport Elementary School has seal coating and restriping playground area. This work
cannot occur until after June 22nd. The City has an improvement project at the school
and seal coating will be scheduled for the completion of the City's ongoing project.
6-7 TIME OF COMPLETION
6-7.1 General
The Contractor shall complete all work under the Contract within 40 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.
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
Page 4 of 16
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.
The following days are designated City holidays and are non -working days:
1. January 18t (New Year's Day)
2. Third Monday in January (Martin Luther King Day)
3. Third Monday in February (President's Day)
4. Last Monday in May (Memorial Day)
5. July 4th (Independence Day)
6. First Monday in September (Labor Day)
7. November 11th (Veterans Day)
8. Fourth Thursday and Friday in November (Thanksgiving and Friday after)
9. December 24th, (Christmas Eve)
10. December 251h (Christmas)
11. December 26th thru 30th (City Office Closure)
12. December 318t (New Year's Eve)
If the holiday falls on a Sunday, the following Monday will be considered the holiday. If
the holiday falls on a Saturday, the Friday before will be considered the holiday.
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY
Prior to acceptance of work, the Contractor shall submit a full size set of plans to the
Engineer. Retention payment and bonds will not be released until the as -built plans are
reviewed and approved by the Engineer. A set of approved plans and specifications
shall be on the job site at all times. The Contractor shall maintain as -built drawings of all
work as the job progresses. A separate set of drawings shall be maintained for this
purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time
each progress payment is submitted. Any changes to the approved plans that have
been made with approval from the Engineer shall be documented on the as -built plans.
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three years after the date of completion of the project.
During this time, the material shall be made available to the Engineer. Suitable facilities
are to be provided for access, inspection, and copying of this material.
6-9 LIQUIDATED DAMAGES
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 $1,000.00.
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Execution of the Contract shall constitute agreement by the City and Contractor that the
above liquidated damages per calendar day is the minimum value of the costs and
actual damage caused by the failure of the Contractor to complete the Work within the
allotted time.
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly preplanned continuous sequence so as to minimize
inconvenience to residences, businesses, vehicular and pedestrian traffic, and the
public as a result of construction operations.
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
7-1.2 Temporary Utility Services
If the Contractor elects to use City water, Contractor 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, dust control, 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 such water.
►64Wa1Yi]:7
7-2.2 Prevailing Wages
In accordance with California Labor Code Section 1720.9, hauling and delivery of
ready -mixed concrete for public works contracts are subject to prevailing wages.
7-8 WORK SITE MAINTENANCE
7-8.4 Storage of Equipment and Materials
7-8.4.2 Storage in Public Streets
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 will
not be allowed to start work until the Inspector has reviewed and approved the
storage and staging areas, which shall be fenced with green screen and secured
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on all sides. The Contractor shall obtain the Engineer's approval of a site for storage
of equipment and materials prior to arranging for or delivering equipment and materials
to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The
Contractor shall restore the laydown area to its pre -construction condition. The
Engineer may require new base and pavement if the pavement condition has been
compromised during construction.
7-8.6 Water Pollution Control
7-8.6.2 Best Management Practices (BMPs)
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 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 14.36.030 of the City's Municipal Code.
7-10 SAFETY
7-10.3 Haul Routes
Haul routes shall be submitted to the Engineer for review and approval.
7-10.4 Safety
7-10.4.1 Work Site Safety
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. 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.
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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.
SECTION 9 - MEASUREMENT AND PAYMENT
9-2 LUMP SUM WORK
Contractor shall submit a detailed schedule of value for all lump sum bid items to the
Engineer within 15 days after award of contract.
9-3 PAYMENT
9-3.1 General
Revise paragraph two to read: The unit and lump sum bid prices 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 requested by the Engineer, preparing and updating construction maps
with color coding with corresponding construction dates, attending construction
progress meetings as needed, and all other related work as required by the Contract
Documents. This bid item shall also include all work necessary to demobilized and
remobilize to locations that require special scheduling on all streets next to the three
elementary schools in the project area. Special scheduling and remobilization will be
required for work seal coating the Newport Elementary School area shown on Sheet 11
of the Plans. 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 businesses and residents, providing the traffic control required
by the project including, but not limited to, signs, cones, barricades, flashing arrow
boards, K -rails, temporary striping, and flag persons. This item includes providing traffic
control plan stamped by Traffic Engineer for lane closure required on San Joaquin Hills
Road. This item includes providing four CMBs and updating messages on the CMBs as
requested by the Engineer. This item also includes furnishing all labor, tools,
equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest
edition, and City requirements.
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Item No. 3 Edge Grinding: Work under this item shall include, but not be limited to,
all labor, tools, equipment and material costs for using a smooth grinder at least 18
inches wide at the edge of pavement per the Edge Grinding detail on Sheet 14, and all
other work items as required to complete the work in place.
Item No. 4 Crack Seal: Work under this item shall include, but not be limited to, all
labor, tools, equipment and material costs for routing out the crack, applying a soil
sterilizer, crack sealing, and all other work items as required to complete the work in
place.
Item No. 5 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, providing follow up street
sweeping to clean up raveling sand in cul de sacs and all other work items as required
to complete the work in place.
Item No. 6 Sealcoat Asphalt Based: 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. 7 Signing and Striping: Work under this item shall include, but not be
limited to, all labor, tools, equipment and material costs for removing existing pavement
striping and markers, removing or relocating street signs and posts, installing pavement
striping, markings and markers, installing street signs and posts, restoring all existing
improvements damaged by the work, and all other work items as required to complete
the work in place.
9-3.2 Partial and Final Payment.
From each progress payment, five (5) percent will be retained by the City, and the
remainder less the amount of all previous payments will be paid.
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 SLURRY SEAL
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203-5.1 General
Slurry seal shall be emulsion -aggregate slurry (EAS) conforming to 203-5.4.
203-5.4 Emulsion -Aggregate Slurry (EAS)
203-5.4.1 General
Emulsion -aggregate slurring (EAS) shall be Type I-CQS-1 h conforming to 203-3
203-5.4.2 Materials
203-5.4.2.2 Emulsified Asphalt
Emulsified asphalt shall be of quick set type.
203-5.4.2.4 Latex
Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company,
Inc., or equal approved by the Engineer in advance of ordering the latex additive. It shall
be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate
of 2'/2 percent of weight of the emulsified asphalt. Latex -added emulsified asphalt shall
be kept in a suspended state by an agitating mixer and mixed every three days.
SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND
PAVEMENT MARKERS
214-4 PAINT FOR STRIPING AND MARKINGS
214-4.1 General
Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized
thermoplastic.
214-6 PAVEMENT MARKERS
All pavement markers shall comply with Section 85 of the State of California Standard
Specifications.
214-6.3 Non -Reflective Pavement Markers
214-6.3.1 General
All new non -reflective pavement markers Types A and AY shall be ceramic.
214-6.4 Retroreflective Pavement Markers
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214-6.4.1 General
All retroreflective pavement markers shall be 3M Series 290 with glass -covered faces,
or approved equal.
PART 3 - CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.3 Removal and Disposal of Materials
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
found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and
then selecting the link for Franchised Haulers List.
300-1.3.1 General
The Contractor shall maintain the job site in a clean and safe condition. The Contractor
shall remove any broken concrete, debris or other deleterious material from the job site
at the end of each workday or as directed by the Engineer. All areas of roadway
removal and replacement shall have a minimum trench width of 3 -feet to facilitate
maximum compaction. Contractor shall meet with the Engineer to mark out the areas
of roadway removal and replacement.
Non -reinforced concrete and asphalt wastes generated from the job site shall be
disposed of at a facility that crushes such materials for reuse. Excess soil and other
recyclable solid wastes shall not be disposed of at a sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated
and solid wastes disposed of at a sanitary landfill. The Contractor shall report said
tonnage monthly to the Engineer and provide appropriate confirmation documentation
from the recycling facility. All material disposal manifests shall be provided to the
Engineer prior to release of final retention.
The Contractor shall dispose of all excess or waste material and shall include all fees
for such disposal in the appropriate bid items.
SECTION 302 - ROADWAY SURFACING
302-1 COLD MILLING OF EXISTING PAVEMENT
302-1.4 Profile Milling
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300-1.3.1 General
Edge Grinding shall be done with grinding capable of creating smooth surface. The final
milled surface shall have a uniform finish that is smooth after milling and slurry seal are
complete.
302-4 SLURRY SEAL SURFACING
302-4.8 Spreading and Application
Slurry shall not be applied prior to 8:00 A.M. and shall not be applied after 1:00 P.M.,
unless approved by the Engineer. Approval of applications after 1:00 P.M. will only be for
the purpose of completing the section of work that is underway. 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, 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 seal or seal coating, streets and parking lots shall be
temporarily striped within 24 hours. All Stop Bars shall be temporarily striped before
street is reopened to traffic on the same day. Final striping and marking shall be installed
no more than ten (10) working days after placement of slurry seal.
Prior to applying slurry seal, the Contractor shall clean all work surfaces and remove all
loose materials, vegetation, oil, and other foreign material. Additionally, all locations
with weeds shall be treated by an approved weed -killer before any slurry seal is applied.
302-4.9 Field Sampling and Testing
Upon the Engineer's direction, the Contractor shall slurry seal test sections within the
construction limits for each batch of slurry seal mix. The Contractor shall apply the slurry
seal test sections as directed by the Engineer. No slurry seal shall be applied until the
test slurry seal sections have been approved the Engineer. The costs of these slurry seal
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 302-4.9.1 shall be re -tested. The Contractor shall be
responsible for all cost associated with the re -testing.
302-4.12 Street Sweeping and Cleanup
The Contractor shall provide street sweeping of cul de sacs to pick up sand raveling that
is prone in these locations. The street sweeping shall be one and two weeks after slurry
seal is placed.
SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND
PAVEMENT MARKERS
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314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS
314-2.1 General
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.
314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT
MARKINGS
314-4.1 General
Temporary painted traffic striping and markings shall be applied in one coat, as soon as
possible and within 24 hours after the finish course has been placed.
All Stop Bars shall be temporarily striped before street is reopened to traffic on the same
day.
314-4.2 Control of Alignment and Layout
314-4.2.1 General
The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be
responsible for the completeness and accuracy of all layout alignment and spotting.
Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on
the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and
pavement markings within 24 hours after the removal or covering of existing striping or
markings. No street shall be without proper striping over a weekend or holiday. Stop
bars shall not remain unpainted overnight.
314-4.4 Thermoplastic Traffic Striping and Pavement Markings
314-4.4.1 General
The Contractor shall inventory the entire project limits and place all striping and markings,
upgraded to the current standards, in-kind.
All yellow school crossings shall be upgraded to Continental striping detail per Sheet 13 of
the Plans. Removal of existing cross walk thermoplastic shall not be done until the school
year is over after June 22, 2018.
All Yield bars in the project area shall be upgraded to yield teeth as per Sheet 13 of the
Plans.
The contractor shall "cat track" for stripings and marking no later than 24 hours after
application of slurry, Contractor shall notify the Engineer when completed for Traffic
Engineering review.
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The final reflectorized thermoplastic striping shall not be applied until the slurry seal has
been in place for at least 7 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.
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.
314-4.4.2 Surface Preparation
Primer shall be applied to concrete surfaces prior in application of thermoplastic
striping. The primer shall be formulated for the intended application.
314-5 PAVEMENT MARKERS
314-5.1 General
Raised pavement markers shall not be placed until the finish course pavement or slurry
seal has been in place for at least 15 days.
PART 6 — TEMPORARY TRAFFIC CONTROL
SECTION 600 - ACCESS
600-1 GENERAL
Ten (10) working days prior to starting work, the Contractor shall distribute construction
notices to residents within the project area, describing the project and indicating the
limits of construction. The City will provide the notices.
Forty-eight (48) 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 notices when construction operations will start for
each block or street. 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.
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600-2 VEHICULAR ACCESS
The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs
(even if streets have posted "NO PARKING" signs) which shall be posted 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. City "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.
1.101 12 4 OL;&I 110 I_1. Ia[d01*11
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.
SECTION 601 — WORK AREA TRAFFIC CONTROL
601-1 GENERAL
The Contractor shall furnish and install signage, barricades, delineators, yellow safety
ribbons, up to four (4) changeable message boards (CMBs), and any other measures
deemed necessary by the Engineer to safely direct the public around areas of
construction, and into and out of the affected establishments. Messages for the CMBs
shall be updated by the Contractor as directed by the Engineer.
601-2 TRAFFIC CONTROL PLAN (TCP)
The Contractor shall submit to the Engineer, at least five working days prior to the pre -
construction meeting, traffic control plans and/or detour plans for lane closure on San
Joaquin Hills Road. The Contractor shall be responsible for processing and obtaining
approval of a traffic control plan from the City's Traffic Engineer. The Contractor shall
adhere to the conditions of the traffic control plan. Traffic control plans shall be
prepared by a licensed Traffic Engineer and conform to the provisions of the WORK
AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control
Plans shall be signed and sealed by a California licensed traffic engineer. Traffic
control and detours shall incorporate the following items:
1. Emergency vehicle access shall be maintained at all times.
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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 or alley 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-
3466 and all affected property owners.
5. The Contractor will be allowed to close one alley or street at a time to
complete the work. Work in other alleys and streets can take place if not
immediately adjacent to the first area of work and does not cause any other
impacts to residents, such as loss of street parking. The Contractor shall
make special accommodations to provide access for residents with
disabilities in the closed alleys and streets.
6. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE
CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs
mounted on barricades in order on the approach and at the closure.
7. 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 proper striping over a weekend
or holiday. Stop bars shall not remain unpainted overnight.
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