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HomeMy WebLinkAboutC-3647 - 2003-2004 Citywide Slurry ProgramCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC June 28, 2006 Bond Blacktop, Inc. P. O. Box 616 Union City, CA 94587 Subject: 2003 -2004 Citywide Slurry Seal Program (C -3647) To Whom it May Concern: On June 28, 2005, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on July 6, 2005, Reference No. 2005000521291. The Surety for the contract is Great American Insurance Company, and the bond number is 4076045. Enclosed are the Labor & Materials Payment Bond and Faithful Performance Bond. Sincerely, LaVonne M. Harkless, MMC City,Clerk cc: Public Works Department R. Gunther, P.E. enclosure 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2003 -2004 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3647 BOND NO. 4076045 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Bond Blacktop, Inc., hereinafter designated as the "Principal," a contract for construction of 2003 -2004 Citywide Slurry Program, Contract No. 3647 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3647 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, Great American Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of THREE HUNDRED FIFTY - SEVEN THOUSAND, NINETY -SEVEN AND 501100 DOLLARS ($357,097.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, Withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 8th day of March 2004. Bond Blacktop, Inc. Bond Blacktop, Inc. (Principal) Great American Insurance Company Name of Surety 1350 Treat Blvd., Suite 300 Walnut Creek, CA 94596 Address of Surety 925- 935 -9060 Telephone By' A'nj LL Authorized Signature/Title L� ,, ji r •i • P1-0 - Jody A. Johnson, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of Alameda On March 9, 2004 beforeme, Debbie Dillon, Notary Public Dele Nana aM TM of Oficer (e.g.,'Jane Doe, NW P9f>Ik*) personally appeared Edward Dillon fl personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I�my hand an fficial seal_ 1 \ Signature of Noiary Pudk OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: City of Newport Beach, Contract Bonds Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1 999 NaM Notary AUaaagon • 9350 De Soto Ave., P.O. eox 2102 • Ch&l M, CA 913134/92 • w na4 alnol o,g Prea. No. 59m �c Ca Tdl -Free 1-90087ede27 California All Purpose Acknowledgment State of California County of San Mateo On March 8, 2004 before me, Jean L. Neu, Notary Public Date Name & Title of Officer /Notary personally appeared Jody A. Johnson Names(s) of Signers(s) personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the some in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. JEAN. Neu n Commission i 1332209 / Notary Public - California San Mateo County M'YCansn.FVim D8c21.2ar (The information below is not required by law) Description of Attached Document Title /type of Document Date of Document Other Signer(s) hAdocs\surety\forms\notary.doc No. of Pages CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2003 -2004 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3647 BOND NO. 4076045 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2, 791.00 being at the rate of $ 9.40 for the first $100,000 thousand of the Contract price. 7.20 for the remaining contract value WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Bond Blacktop, Inc., hereinafter designated as the "Principal ", a contract for construction of 2003 -2004 Citywide Slurry Seal Program, Contract No. 3647 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3647 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Great American Insurance Company , 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 THREE HUNDRED FIFTY-SEVEN THOUSAND, NINETY -SEVEN AND 501100 DOLLARS ($357,097.50) 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. P8 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the Califomia Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract 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 8th day of March 2004. Bond Blacktop, Inc. Bond Blacktop, Inc. (Principal) Great American Insurance Company Name of Surety 1350 Treat Blvd., Suite 300 Walnut Creek, CA_ 94596 Address of Surety 925- 935 -9060 Telephone By: FAIn n LL, Authorized Signature/Title Jody A. Johnson, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Alameda On March 9, 2004 Date personally appeared B _ 4 I ss. before me, Debbie Dillon, Notary Public Name aN T,tle of Of imr (e, , 'Jam Doe. Notary Pumc') f7 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. TNESS my hand aod official seal. Signature 0 Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: City of Newport Beach, Contract Bonds Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: • Individual Top of thumb here • Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attomey -in -Fact ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing: 0 1 999 National Notary Alma ialgn •9350 De Soto Ave. P.O. Box 2402 • Gha% hh. CA 913132402 • www.mtvmllmlary.org Pmd. Nn 5907 ReoNec. Call Im -Free 14004]t }5021 California All Purpose Acknowledgment State of California County of San Mateo On March 8, 2004 Date before me, Jean L. Neu, Notary Public Name & Title of Officer /Notary personally appeared Jody A. Johnson Names(s) of Signers(s) personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ` JEAN L. NEU 7 Commission 01332209 i i QMyComm.EXPNotary Public - Calilomia § San M2t30 County /ll Ya�il / 1 eMDec21,2005 (The information below is not required by law) Description of Attached Document Title /type of Document Date of Document Other Signer(s) h:\docs\surety\forms\notary.doc No. of Pages GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513- 369 -5000 • FAX 513 -723 -2740 The number of persons authorized by this power of attorney is not more than SIX No.0 14125 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate. constitute and appoint the person or persons named below its true and lawful attomey- in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety. any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof: provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JEFF PREVOST KATHERINE G. ZEROUNIAN ALL OF ALL ERIN BAUTISTA JODY A. JOHNSON REDWOOD CITY, UNLIMITED JEAN L. NEU BRYAN D. MARTIN CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in -fact famed above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and atty& by its appropriate officers and its corporate seal hereunto affixed this 30th day of September, . Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO. COUNTY OF HAMILTON - ss On this 30th day of September, 2002 . before me personally appeared DOUGLAS R. BOWEN. to me known. being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company. the Company described in and which executed the above instrument: that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dazed March I, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time- to appoint one or mom Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts ofsureryship, or other written obligations in the nature thereof.- to prescribe their respective duties and the respective limits of their authority: and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when soused being hereby adopted by the Company as the anginal signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES. Assistant Secretary of Croat American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 8th stom(11 /01) day of March 2004 r CITY OF NEWPORT BEACH PROGRESS PAYMENT Contract No. 3647 PP5 - Final & PROJECT: City-wide Slurry Seal Program 2003.2004 PAYMENT NO.: . Retention BUDGET NUMBERS: SEE BELOW PAGE: 1 OF 1 ORIG. CONTRACT: $357,097.50 EXTRAS: ($98,030.61) DATE: 26- Jun -06 ENCUMBRANCE NO. E5100011 % TOTAL - 27.45% TOTAL: $259,066.89 COMPLETION DATE: THIS PERIOD TOTAL TO DATE DESCRIPTION (Concise) EST.AMT. UNITSI BID PRICE AMT EARNED AMT — EARNED 1 Mobilization 1 LS 6,500.00 100% $6,500.00 2 60% $8,460.00 Traffic Control 1 1 IS 14,100.00 Type I Slurry Seal 249,000 SF 0.06 3 332,759 $20,797.44 Type II Slurry Seal 1,360,000 SF 0.06 4 1,312,140 $75,448.05 Asphalt Rubberized Slurry Seal deleted 490,000 SF 0.12 5 0 $0.00 Crack Sealing 1 LS 7,350.00 6 100% $7,350.00 Reconstruct Pavement 49,000 SF 2.45 7 58,672 $143,746.40 Traffic Stripin &Markin for Rdwa 2 1 LS 48,275.00 8 30% $14,482.50 9 Traffic Striping & Marking for Parking 1 LS 7,035.00 100% $7,035.00 Subtotal $283,819.39 CO2- Slurry for Added Prkng Lots (fire sta,etc) 91,400 SF 0.0625 91,400 $5,712.50 (accts; 2320 -8040 (fire); 2360- 8040(lifegrds) CO3 - Failed Wet Track Tests Costs (L -M) 1 LS 4,215.00 -100% ($4,215.00) Deduct repair cost value(mllllgrind) for Poinsettia, Narcissus, Third, Larkspur, Ids, Fourth: Slurry Cost 100,000 SF -0.0625 100,000 ($6,250.00) Cold Mill /Grind Cost 100,000 SF -0.2000 100,000 ($20,000.00) (1) - deducted 40% of TC for deleted Balboa Blvd (2) - deducted 70% of Rdwy striping for deleted Balboa Blvd (makes pay amt $39,432.50 less) Encumbrance No. E5100011 Account Nos: 7181- C5100462 $10,767.57 7013- C5100019 2320 -8040 2360 -8040 �I Total $10,767.57 / �v lJ� Send Payment to: 510 -441 -9981 EARNED: Bond Blacktop Inc. an A lUnM10 f1 aA RETENTION: L'e $259,066.89 $0.00 P.O. Box 616 �a,Ue.. ryy`,.�— �Wl�s PREVIOUS PAYMENTS: $248,299.32 Union City, CA 94587 AMOUNT DUE ;- E10r7`5i.5Z,. CONTRACTOR DATE CONSTRUCTION ENGINEER DATE b CITY ENGINE IC WORKS DIRECTOk I DATE F1Users1PBW\Shared\ContrsctsWY 03 -04%D3 -04 CITYWIDE SLURRY C- 3647tPROGRESS PAYMENTS & CHANGE ORDERSt1PP -5- Retention -Final w ong piev pmt -sent-: STEVEN). CASAD www.berlineLCOm •A Pro @ssbnal Corporation RETIRED IN ASSOCIATION WITH SAMUELJ. COHEN MCGRANE GREENFIELD LLP SAN JOSE • SAN FRANCISCO Branch OHic. — Me'<e,L CA June 15, 2006 Daniel K. Ohl, Deputy City Attorney City of Newport Beach P. O. Box 1768 Newport Beach, CA 92658 -8915 Re: Stemdah) Enterprises v. Bond Blacktop, Inc. Our File No.: 09316 -006 Dear Mr. Ohl: RECEIVED JUN 2 12006 PAUL k.8LW P.TT0RNfiYXsQN1"E THOn XJr4MF NEWP.QATD &H WC CHRISTIAN E. PICONE AARON M. VALENTI EILEEN P. KENNEDY SHANNON N. COGAN PETER BAIOREK A. BRYAN DIAZ, JR, HARRY A. LOPEZ CLAIRE L. IMELLI JOHN F. DOMINGUE JENNIFER L. GROSSMAN SETH 1 COHEN ANDREW) GIORGIANNI CHRISTINE H. LONG FORREST W. HANSEN DAVID WADE GENEVIEVE M. NICKERSON OF COUNSEL HUGH L. ISOLA STEVEN L HALLGRIMSON ERIC WONG NANCY L. BRANDT CHARLES W VOLPE VICTOR A. PAPPALARDO Pursuant to our discussion of some weeks ago, we are enclosing all of the Releases related to the job Bond Blacktop, Inc. did for the City of Newport Beach in 2004. I believe the enclosed information should be sufficient to enable the City to release the remaining balance of approximately $10,767.57. You may make the check payable directly to International Pavement Solutions or jointly to International Pavement So utions and Bond Blacktop, Inc. If you do the will endorse the check and send it to Thank you for your anticipated cooperation. Please call me if you have any questions. Very truly yours, BE INER HEN ROBERT L. CH T E -Mail: rlc @berliner.com RLC:de Enclosures cc: Ed Dillon 1RL0696063.1 01-06150609316006 BERLINER COHEN ATTORNEYS AT UAW SANFORD A. BERLINER- NANCY I. JOHNSON ANDREW L FABER JEROLD A. REITON q PARTNERSHIP INCLUDING ROBERT W. HUMPHREYS ROBERT L. CHORTEK PROFESSIONAL CORPORATIONS RALPH J. SWANSON JONATHAN D. WOLF TEN ALMADEN BOULEVARD PEGGY L. SPRBJGGAY KATHLEEN K SIPLE ELEVENTH JOSEPH E. DWORAK KEVIN F. KELLEY FLOOR SAMUELL FARE MARK MAKIEWICZ SAN JOSE, CALIFORNIA 95113 -2233 ALAN J. PINNER ROBERTA S. HAYASHI FRANK R. UBHAUS JEFFREY S. KAUFMAN TELEPHONE (408)286 -5800 LINDA A. CALLON JOLIE HOUSTON FACSIMILE: 408 998 JAMES P. CASHMAN BRIAN L. SHETLER ( ) -5388 STEVEN). CASAD www.berlineLCOm •A Pro @ssbnal Corporation RETIRED IN ASSOCIATION WITH SAMUELJ. COHEN MCGRANE GREENFIELD LLP SAN JOSE • SAN FRANCISCO Branch OHic. — Me'<e,L CA June 15, 2006 Daniel K. Ohl, Deputy City Attorney City of Newport Beach P. O. Box 1768 Newport Beach, CA 92658 -8915 Re: Stemdah) Enterprises v. Bond Blacktop, Inc. Our File No.: 09316 -006 Dear Mr. Ohl: RECEIVED JUN 2 12006 PAUL k.8LW P.TT0RNfiYXsQN1"E THOn XJr4MF NEWP.QATD &H WC CHRISTIAN E. PICONE AARON M. VALENTI EILEEN P. KENNEDY SHANNON N. COGAN PETER BAIOREK A. BRYAN DIAZ, JR, HARRY A. LOPEZ CLAIRE L. IMELLI JOHN F. DOMINGUE JENNIFER L. GROSSMAN SETH 1 COHEN ANDREW) GIORGIANNI CHRISTINE H. LONG FORREST W. HANSEN DAVID WADE GENEVIEVE M. NICKERSON OF COUNSEL HUGH L. ISOLA STEVEN L HALLGRIMSON ERIC WONG NANCY L. BRANDT CHARLES W VOLPE VICTOR A. PAPPALARDO Pursuant to our discussion of some weeks ago, we are enclosing all of the Releases related to the job Bond Blacktop, Inc. did for the City of Newport Beach in 2004. I believe the enclosed information should be sufficient to enable the City to release the remaining balance of approximately $10,767.57. You may make the check payable directly to International Pavement Solutions or jointly to International Pavement So utions and Bond Blacktop, Inc. If you do the will endorse the check and send it to Thank you for your anticipated cooperation. Please call me if you have any questions. Very truly yours, BE INER HEN ROBERT L. CH T E -Mail: rlc @berliner.com RLC:de Enclosures cc: Ed Dillon 1RL0696063.1 01-06150609316006 02/29/2006 16:43 FAX 510 441 _e82 BOND BLACKTOP, Inc. RELEASE OF STOP NOTICE b c or Private Work) TO: VOW 4;a rty with whom Stop N CA. 92663 (Address) (21002 /013 was You are hereby notified that the undersigned claimant releases that certain Stop Notice dated 08 /18/04 , in the amount of $ 15.8W -82 against as owner or public body and (if applicable) Ba-d Madctep Inc. as prime contractor In connection with the work of improvement known as in the City of SM County of LM State of California. Date 94AV615 Name of Claimant i ater gx' DT!' an (Official Capacity) Q A=c;lated General Contractors of California, Inc. 1990 For�jn AGCC -21 02/25/2000 18:45 FAX 510 441 _.82 STATE OF CALIFORNIA COUNTY OF a 6ML-E S {SS. On 1117110g— before me, the undersigned, a Notary Public in anr said ta te_, �nt ly appeared p tw S3 ec personally known to me or proved to me on the basis of satisfactory gvidence to be the pe[�on I.(t- whose name'in,+.kk11 A- subscribed to the within instrument and acknowledged that N-.- executed the same. WITNESS my hand and official seal. Sign -m BOND BLACKTOP, Inc. TRU f 10547 LMf"W� MC �MCafnm.r�Yw/�u019. (This area for official notarial NOTE: This document has important legal consequences; consultation with an attorney Is with respect to its use or modification- This form is intended to meet the requirements of C no of October 1, 1989. -2- (a 005 /015 02/23/2006 16:43 FAX 510 441 ..d82 BOND BLACKTOP, Inc. Iaj004 /013 UNCONDI'T'IONAL WAIVER AND RELEASE UPON PROGRESS PA: CALIFORNIA CIVIL CODE SECTION 3262 (d)(2) The undersigned has been paid and has received a progress payment In the sum of: $102.753.00 for labor services, equipment or material furnished to: Bond Blacktop Inc. on the job of: City fo Newport Beech located at: 2003 Citvwide slurry Seal Prooram, Various Locatio and does hereby release any mechanic's lien, stop notice, or bond right that the undersigned has on tt reference job to the following extent. This release covers a progress payment for labor, services, equil material furnished to: Clty of Newport Beach through 7116104 only and does not cover any retention retained before or after the release date: extras f before the release date for which payment has not been received; extras or Items furnished after the rate. Rights based upon work performed or items furnished under a written change order which has been fully t by the parties prior to the release date are covered by this release unless specifically reserved by the da this release. This release of any mechanic's lien, stop notice, or bond right shall not otherwise affect the rights. Including rights between parties to the contract based upon a rescission, abandonment or beat contract, or the right of the undersigned to recover compensation for furnished Labor, services, equif material covered by this release If that furnished labor services, equipment or material was not compen the progress payment. Dated: Monday, October 11, 2004 International Pavement Solutions, Inc. to NOTICE TO PERSONS SIGNING THIS WAIVER; THIS DOCUIV WAIVER RIGHTS UNCONDITIONALLY AND STATES THAT HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGI EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT P PAID, USE A CONDITIONAL RELEASE FORM. Job #M4S028 Invoice #42741 above ant or fished a date. muted rant In mtract of the ant or ted by -1IS IT, EN 02/23/2008 18:43 FAX 510 441 e..82 BOND BLACKTOP, Inc. /21005/013 Fo CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT Civic Code 3262 (d) (3) Upon receipt by the undersigned of a check from: Bond Blacktop Inc. (Maker of Check) in the sum of: $9850.00 (Amount of Check) Payable to: International Pavement Solutions. Inc. and when the check (Payee or Payee$ of check) has been properly endorsed and has been paid by the bank upon which it is drawn, document shall become effective to release pro-tanto any mechanic's lien, stop notl( bond right the undersigned has on the contract of: Bond Blacktop. Inc. (Owner) Located at: VarioWs Locations, NEC Balboa & 22nd Newport Beach, CA (Jon Description) or This release cover the final payment to the undersigned for all labor, services, equipment, or material furnished on the job, except for disputed claims for additional work In the amount of $ -0- None. Before any recipient of this document relies on it, the party should verify evidence of payment to the undersigned. I - Dated: October 20, 2004 International Pavement Solutions, Inc. By: By: (Signature) 02/29 /2000 10:44 FAX 510 441 —82 BOND BLACKTOP, Inc. 'd r4P .4 CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT CALIFORNIA CIVIL CODE SECTION 3262 (d)(1) Upon receipt by the undersigned of a check from: Bond Blacktop. Inc. in the sum of: $20,282.18 payable to: International Pavement Solutions. Inc. and when the check has been properly endorsed and has been paid by the bank upon which it document shall become effective to release any mechanic's lien, stop notice or bond right the under the job of: City of Newport Beach located at: 2003 Citywide Slurry Seal to the following extent. This release covers a progress payment for labor, services, equipment or to: Bond Blacktop. Inc. through July 21. 2004 only and does not cover any retention retained before or after the release date; extras furnished befi date for which payment has not been received; extras or items furnished after the release date. Rigr work performed or items furnished under a written change order which has been fully executed by It to the release date are covered by this release unless specifically reserved by the claimant In this release of any mechanic's lien, stop notice, or bond right shall not otherwise affect the contact rl rights between parties to the contract base upon a rescission, abandonment, or breach of the contn of the undersigned to recover compensation for furnished labor, services, equipment, or material c release if that furnished labor, services, equipment, or material was not compensated by the prot Before any recipient of this document relies on it, said party should verify evidence of payment to the DATED:JULY 21, 2004 INTERNATIONAL PAVEMENT SOULTIONS BY: 0000 /013 drawn, this Ined has on furnished the release based upon parties prior lease. This is, Including , or the right ered by this ss payment. 02/29/2005 10:44 FAX 510 441 ..d2 BOND BLACKTOP, Inc. 1?1 007 /O1S CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT Civic Code 3252 (d) (3) Upon receipt by the undersigned of a check from: Bond Blacktop. Inc. (Maker of Check) in the sum of: $13.670.58 (Amount of Check) Payable to: International Pavement Solutions. Inc. and when the check (Payee or Payees of check) has been properly endorsed and has been paid by the bank upon which it is dra document shall become effective to release pro-tanto any mechanic's lien, stop bond right the undersigned has an the contract of: City of Newoort Beach (Owner) Located at: 2003 Cttywide Sluff Seal (Job Description) This release cover the final payment to the undersigned for all labor, services, et or material fumished on the job, except for disputed claims for additional we amount of $ -0- None. Before any recipient of this document relies on it, the pai verify evidence of payment to the undersigned. Dated: July 21, 2004 lE721 Pavement Solutions, this ce or in the should 02/23/2008 16:44 FAX 510 44. 4982 BOND BLACKTOP, Inc. Q008/013 �r:1$ FAX 510 641 908E BOND BLACKTOP. Ina. UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT PROJECT: CITY OF NEWPORT BEACH The undersigned has been paid in full for all labor, services, equipment or material furnished to the job site or To: BOND BLACKTOP. INC. On the Job Of: Located at: 2003/2004 CITYWIDE SLURRY SEAL CONTRACT NO. 3647 NEWPORT BEACH, CA and does hereby waive and release any MEchani C's Lien, any state or federal statutory bond right, any private bond right. any claim for payment and any rights under any similar ordinance. rule or statute related to claim or payment rights for persons in the undersignOd's position, exeept for disputed claims for extra work in the amount of $0.00. The undersigned warrants that he either has already paid or will use the monies he receives from this final payment to prarrrptly pay in full all of his laborers. subcontractors, materialmen and suppliers for all work, materials, equipment or services provided for or to the above referenced project. DATE: 1 -/3 -0 5 J.P. STRIPING :4 NOTICE: THIS DOCUMENt WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE SEEN PAID FOR GIVING UP THOSE RIGHTS, THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONOITZONAL RELEASE FORM. at 02/23/2006 10:46 PAZ 510 441 ,_42 BOND BLACKTOP, Inc. 00091013 .a /2004 10:45 Pet 510 441 0962 BOND BLACUOP, Inc. •+ UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT •• PROJECT: CITY OF NEWPORT BEACH The undersigned has been paid in full for all labor, services. equipment or material furnished to the ,lob site or To: BOND BLACKTOP, INC. On the Job of: Located ati 2003/2D04 CITYWIDE SLURRY SEAL CONTRACT NO. 3647 NENPOPM BEACH. CA and does hereby waive and releawa any Mechanic's Lien. any state or federal statutory bond right, any private bond right, arty claim for. payment and any rights under any Similar ordinance, rule or statute related to claim or payment rights for persons in the undersigned's position, except for disputed claims for extra work in the amount of 60100. The undersigned warrants that he either has already paid or will use the monies he rocalves from this final payment to promptly pay in full all of his laborers, subcontractors, motarialmen and suppliers for all work, materials, equipment or services provided for or to the above•referended project. DATE? �2 i"�-/) r QGH. MATERIA16 COMPANY NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS, THIS DOCUMENT I3 ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT SEEN PAID. USE A CONDITIONAL RELt•J.SE FORM. 02/29/2005 16:45 FAX 510 441 —82 BOND BLACKTOP, Inc. ** UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT ** PROJECT: CITY OF NEWPORT BEACH The undersigned has been paid in full for all labor, services, equipment or material furnished to the job site or To: BOND BLACKTOP, INC. On the job of: Located at: 2003/2004 CITYWIDE SLURRY SEAL CONTRACT NO. 3647 NEWPORT BEACH, CA and does hereby waive and release any Mechanic's Lien, any state or federal statutory bond right. any private bond right, any claim for payment and any rights under any similar ordinance, rule or statute related to claim or payment rights for persons in the undersigned's position, except for disputed claims for extra work in the amount of $0.00. The undersigned warrants that he either has already paid or will use the monies he receives from this final payment to promptly pay in full all of his laborers, subcontractors, materialmen and suppliers for all work, materials, equipment or services provided for or to the above - referenced project. DATE: R.C.S.I. signature) (title) NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT 15 ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. X1010/019 02/23/2000 10:45 FAX 510 44, M2 BOND BLACKTOP, Inc. i i 0aV-i3P 2004 8t96RM HP LHSER_TET 3330 Ila Re le Vvbtad Rantstll Northvreat, Tnc. 234I Dapatt 0r..*400 XevW, CA 42612 Teh (949%509 -0100 Fa:t (944) SR -1 L1 D UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT (Califomia Civil Code Section 3262(dA4)) EWIV MATIONAL PAVEMENT SOLUTIONS Po Box 10458 San Scrtwrdino, CA 92423 Tm underaiened hu bam PAID TN FML far a1L tabor, aervims, equipment or rnalmiai famished to IN iERNATIONAL PAVEMENT SOLUTIONS on the job of CITY OF NTwFORT BEACH. Said projectcommenly kmwwnas the M45018 SISAD495431 Located tti: LIDO NEWPORT BFACH, CA 92637 Tsaunderdgned does humby waive ltldreleasa tmy tight to a mcchanWs lien, Mp nodes or any rigbte,gainst a ffiMdal lwnG no the job, except for diruWad olalms for additional work In the mount of $0.00. Dated 10/13/04 V::�k d Ret atala Narthwea4Ine. BY awTq • Anita . +t; Re one A NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES HAVE BEEN PAID FOR 0AFINT} UP THOSE .RIGHTS. THIS DOCUMIiNT IS BRTF'OR, AGAINST YOU IF YOU SION IT, EVEN TF YOU HAVE NOT BEEN PAID OR YOUR HAS SEEN RETURNED BY THE BANK, IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORK, Z011/013 P. YOU 02/23/2000 10:45 FAX 510 441 __82 BOND BLACKTOP, Inc. I21012 /013 UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT Califomia Civil Code 3262 (d) (4) INTERNATIONAL PAVEMENT SOLUTIONS INC, P O BOX 10458 SAN BERNARDINO CA 92423-D458 The undersigned has been paid in full for a0 labor, services, equipment or material furnished to INTERNATIONAL PAVEMENT onthajobof: NEWPORTBEACH Located at: * * * J O S S I T E * ** "2003 CITYWIDE SLURRY SEAL" LARKSPUR & 5TH NEWPORT BEACH CA JOBIPO #MS028 and does hereby walye and release any right to a-mechanic's Man, stop notice, or any right against a labor and material bond on the job, except for disputed claims for extra work In the amount of $0.00 Dated 1010112004 13y: VULCAN MATERIALS CALMAT DIV CHRIS SOUBEL CREDIT REPRESENTATIVI; NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE N i T BEEN PAID, USE A CONDITIONAL RELEASE FORM. Forms by Capron" Inc. e r, 02/29/2008 16:46 FAX 510 44� 9982 BOND BLACATOP, Inc. UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT California Civil Code 3262 (d) (2) INTERNATIONAL PAVEMENT SOLUTIONS P O BOX 10458 SAN BERNARDINO CA 92423 -0458 The undersigned has bean paid and has received a progress payment in the s of $0.00 for labor, services, equipment or material furnished to: INTERNATIONAL PAV 5 on the jab of: NEWPORT BEACH located at: *** JOBSITE *.x "2003 CITYWIDE SLURRY SEAL" LARKSPUR & STH NEWPORT BEACH CA JOBIPO #MSO28 and does hereby release any mechanids lien, stop notice, or bon a u ed has on the abova refer to the following extent This release Covers a progress m nt for labor, services, equipme Or in arials fumishe INTERNATIONAL PAVEMENT SOLUTIONS through 07!30!2004 only and does ni retentions retained before or after the release date: extras fume re the relea or which payment has received: extras or Items furnished after the release date. Rights based upon work performed or items furnished unt written change order which has been fully executed by the parties prior to the release date are covered by this retea specifically reserved by the claimant In this release. This release of any mechanlds lien, stop notice, or bond right s' otherwise affect the contract rights, Including rights between parties to the contract based upon a rescission, sband4 or breach of the contract, or the right of the undersigned to recover compensation for furnished labor. services, equl or material covered by this release If that furnished labor, services, equipment, or material was not compensated by material covered by this release if that furnished labor, services. equipment, or material was not compensated by th payment. Dated 0713012004 =MATERIALS MAT DIV By: CHRIS BOUBEL CREDIT REPRESENTATIVE NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES TI- YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFC AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID, IF YOU HAVE Q013/013 need job to : cover any )t been unless I not :r RE16 MGT E( UESTED BY AND WHEN RECORDED RETURN TO: �p� A9 '.08 1 City of Newport Beach 3300 Newport WW .B(au Obit Bftch" (63 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder IIIIIIIIIIIIIIIIl IIII( IIIIIIIIIIIII!l llilll( illNlIIIIIIRilllll!I!!II!(II!NO FEE 200500052129103,25pm 07106/05 115 45 N12 1 0.00 0.00 0.00 0.00 OM 0.00 0.00 0.00 'Exempt from recording fees pursuant to Government Code -Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Bond Blacktop, Inc., of Union City, California, as Contractor, entered into a Contract on March 9. 2004. Said Contract set forth certain improvements, as follows: 2003 -2004 Citywide Sluny Seal Program (C -3647) Work on said Contract was completed on June 15. 2005, and was found to be acceptable on June 28. 2005, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Great American Insurance Company. ifc Wo s Director of Ndwoort Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on Z U 0 r a 9, aCZ�S at Newport Beach, California. WY 44A City Clerk CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC June 29. 2005 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion (C -3630, C -3644, C -3645, C -3647, C -3667 and C -3731) Please record the enclosed six (6) documents and return it to the City Clerk's Office. Thank you. Sincerely, NJ M110"U'lowmr , "IN LaVonne M. Harkless, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 0 "Exempt from recordin es pursuant to Govemment Coderection 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Bond Blacktop, Inc., of Union City, California, as Contractor, entered into a Contract on March 9. 2004. Said Contract set forth certain improvements, as follows: 2003 -2004 Citywide Slurry Seal Program (C -3647) Work on said Contract was completed on June 15. 2005, and was found to be acceptable on June 28. 2005, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Great American Insurance Company. fc Wo s Director of Ndwport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 14 /1'_- a q.� aCos at Newport Beach, California. �/ ♦i l& City Clerk • • �3--- /t - -a�� s� C _ 31. Ly CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 June 28, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R.Gunther, P.E. 949 -644 -3311 J�-N D4 rgunther@city.newport-beach.ca.us SUBJECT: 2003 -2004 CITYWIDE SLURRY SEAL PROGRAM — AND ACCEPTANCE OF CONTRACT NO. 3647 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On March 9, 2004, the City Council authorized the award of the 2003 - 2004 Citywide Slurry Seal Program contract to Bond Blacktop Inc. This project provided for slurry sealing selected areas at various locations throughout the City. Conventional slurry was applied to streets within the Cameo Shores, Cameo Highlands, Corona del Mar, and several City owned parking areas (the Newport Pier parking lot, Castaways Park, -Bob Henry parking lot, 301h Street and Villa Way, and Palm Street). A rubberized slurry seal to be placed on Balboa Boulevard between 22nd Street and Coast Highway was deleted from the project due to timing and contractor quality issues. The contract has now been completed. However the contractor's performance was unsatisfactory in a number of ways; including: • failure to meet the scheduled milestones • poor quality work that had to be redone • • traffic safety violations SUBJECT: 2003 -2004 Ci"d Seal Program — Completion and Acceptance of •act No. 3647 June 28, 2005 Page 2 • poor quality work on 5 streets in Corona del Mar, which the City did not pay for (instead $26,000 was deducted from their payments for this inadequate and unrepairable slurry-seal work See attached correspondences for detailed information on contractor's performance. A summary of the contract cost is as follows: Original bid amount: $357,097.50 Actual amount of bid items constructed: 283,819.39 Total amount of change orders: (net deduct) (24,752.50) Final contract cost: $259,066.89 The decrease in the amount of actual bid items constructed under the original bid amount was due to the deletion of $98,232.00 from the contract since the rubberized slurry, traffic control, and crack seal on Balboa Boulevard was deleted from the project due to timing and contractor inabilities. The overall final construction was 27.5 percent under the revised contract amount. The 4 Change Orders issued for the project amounted to a net deduct of $24,752.00 from the cost and were mainly due to deducts for the contractor's unsatisfactory slurry seal on some streets in Corona del Mar and an additional cost of $5,712.50 for additional slurry at fire stations. Fortunately with approximately one year of wear on the rough slurry installed, the streets now ride somewhat more smoothly. These streets will remain on the city's slurry planning program and the funds saved will be available to assist in their future slurry seal if required. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities, involving negligible expansion of the facilities in areas that are not environmentally sensitive. This project involved removing and replacing selected failed areas of pavement and placing a slurry seal to protect the roadway surface. Funding Availability: Funds for the project were expended from the following accounts: Account Description Gas Tax Street & Parking Lots Lifeguard Fund Acct. Account Number 7181- C5100462 7013- C5100019 Total: Amount $212,512.39 44,497.50 1028.50 1028.50 $259,066.89 9 1] CJ SUBJECT: 2003 -2004 CityvA rry Seal Program — Completion and Acceptance o�tract No. 3647 June 28, 2005 Page 3 The original contract completion date was June 28, 2004 (with the Newport Pier Parking Lot required to be completed by Memorial day). The contractor did not meet the Memorial Day milestone partially due to failed tests of the slurry. Work had to be redone and the remainder of the parking lot was put off until after Labor day. Of the remaining work, some was completed by June 28, 2004, however some was completed in July 2004. Corrective work had to be re -done in August of 2004, and their work was still not complete. It was agreed to allow the contractor to continue work after Labor Day and to be completed by mid October. The contractor failed to do this and was therefore given preliminary notices of default, and the Surety was contacted in December 2004. After discussion with the Surety, the contractor was given the opportunity to demonstrate that they could repair the streets that were rough due to the poor quality slurry seal. In February 2005, the test was made and the contractor was unable to demonstrate that they could correct the unacceptable slurried streets. In April, the contractor was informed that their proposed repair was unacceptable and monies would be deducted from their payments. Again after discussion with the Surety, and the City Assistant Attorney, the contractor signed a final payment form on June 15, 2005, which deducted $26,250.00 for their inability to repair the 5 streets. The Surety retains liability to assure payment on any stop notices on the project, and project funds will be withheld as required by law during the retention period for that purpose as well. Prepared by: R. unther, P.E. Construction Engineer Attachments: Correspondences Submitted by: Stephen G. Badum Public Works Director CITY OF NEWART BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 FAX COVER SHEET DATE: 5125104 FAX NUMBER: (619) 463 -0114 COMPANY: Bond Blacktop, Inc., 4350 Palm Av., La Mesa, CA, 91941 ATTENTION OF: Rob Davis SUBJECT: 03104 Citywide Slurry Seal Program, C -3647 FROM: Bill Patapoff, City Engineer FAXED BY.• PHONE NUMBER: (949) 644 -3321 FAX NUMBER: (949) 644 -3308 NUMBER OF PAGES INCLUDING COVER SHEET.,2' The slurry applied by Bond Blacktop Inc. on Monday May 24, 2004 at Newport Pier parking lot has failed the abrasion test as performed by LaBelle -Marvin Testing and is therefore rejected for having failed to meet specifications. (test results attached) 1. Therefore, Bond Blacktop is directed to cease slurry operations until you demonstrate your ability to comply with the Specifications. ;k2. All previous areas of slurry application are also rejected.vif you disagree, provide your proposal to prove that the previously slurried areas meet the specifications. Any costs for retesting will be the responsibility of Bond Blacktop. Contact me immediately at 949 -644 -3321 to discuss this matter. Cc: R. Gunther, Construction Engineer Frank Martin, Senior Inspector Sean Crumby, Project Engineer Please Notify Sender If Transmission Is Incomplete. E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT i P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 FAX COVER SHEET DATE: 5127104 FAX NUMBER: (619) 463 -0114 COMPANY. Bond Blacktop, Inc., 4350 Palm Av., La Mesa, CA, 91941 ATTENTION OF. Rob Davis SUBJECT: 03104 Citywide Slurry Seal Program, C -3647 FROM: Bill Patapoff, City Engineer4 FAXED BY. PHONE NUMBER: (949) 644 -3311 FAX NUMBER: (949) 644 -3308 . NUMBER OF PAGES INCLUDING COVER SHEET. 1 In my fax of May 25, 2004, Bond Blacktop was informed that their slurry applications were being rejected for having failed to meet specifications, particularly the abrasion tests. Per the specifications, Bond Blacktop was directed to cease slurry operations until they could demonstrate the ability to comply with the Specifications. On May 26th a second abrasion test failed to meet specifications. Finally on May 27, a wet - track sample passed the abrasion test. Please call me at 949 - 644 -3311 to discuss Bond Blacktop's ability to guarantee meeting the specifications on any further slurry operations. - . Cc: ... R...Gunther, Construction Engineer Frank Martin, Senior Inspector Sean Crumby, Project Manager Frank Tran, Project Engineer i FILENAME 1p ❑ Please Notify Sender If Transmission Is Incomplete. CITY OF NEWART BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 FAX COVER SHEET DATE: 6110104 FAX NUMBER: (619) 463 -0114 COMPANY: Bond Blacktop, Inc., 4350 Palm Av., La Mesa, CA, 91941 ATTENTION OF: Rob Davis SUBJECT. 03104 Citywide Slurry Seal Program, C -3647 FROM: R. Gunther, Construction Engineer FAXED BY: PHONE NUMBER: (949) 644 -3311 FAX NUMBER: (949) 644 -3318 NUMBER OF PAGES INCLUDING COVER SHEET: 2 On June 3, 2004 we received your invoice dated May 28, 2004 for $33,185.92 for work on this project. As per the City Engineer's fax/letter to you of May 25 (attached), all areas of slurry have been rejected. No Payment can be made or is due on the invoice you submitted due to the reiected slurry. These rejected areas are deteriorating and producing substantial loose surface material presenting a liability and maintenance problem to the City. There are digout areas of work that your subcontractor IPS has completed that payment can be made on at this time. I suggest that you submit a revised invoice that includes only the digout work. Please provide a letter detailing your intentions to rectify the slurry that has been rejected. Cc: Bill Patapoff; City Engineer Frank Martin, Senior Inspector Sean Crumby, Project Engineer Frank Tran, Design Engineer Please Notify Sender If Transmission Is Incomplete. • E • • September 24, 2004 Ed Dillon Bond Blacktop, Inc. P. 0. Box 616 Union City, CA 94587 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director Faxed:510 -441 -9982 & 619 -463 -0114 & Mail Subject: 2003 -04 Citywide Slurry, C -3647 5- Day Notice of Potential Contract Default Dear Mr. Dillon, Bond Blacktop has not maintained a sufficient work schedule and has performed substandard work on this project. Work was to have been completed by June 28, 2004. It was not. The work that was done was of poor quality and the City allowed Bond Blacktop to re -slurry the numerous rejected streets. Bond's re -slurry work was only partially successful, as Larkspur Street is still unacceptable, and a large punchlist was generated from the re -slurry work. The re -slurry of the rejected parking lot slurry by Bond has not even been started. On September 13, 2004 you were provided with the punch list and required that you respond in writing by September 15 with your schedule and plan to complete the work. This work would include corrections to Larkspur Street, re -slurry remaining parking lots, complete unstarted contract work and to complete the punchlist for the re -done work. Although numerous phone calls made by the City, no response from Bond Blacktop has been provided. Per Section 6.4 of the Greenbook Specifications, this letter is to serve as the 5 -Day notice of potential default on the contract. If Bond Blacktop fails to respond and act to cure the deficiencies, the City intends to declare default on the contract on Tuesday, October 5. Please call and respond in writing to Bob Stein or Bill Patapoff at 949 - 644 -3311. (Fax: 949 -644 -3318) SS, cerely, Steve Badum Public Works Director C: Great American Insurance Company, Jody Johnson; Fax; ya5- y3S 9189 1350 Treat Blvd., Ste., 300, Walnut Creek Ca. 94596 Bill Patapoff, City Engineer R.Gunther, Construction Engineer 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 - -- Telephone: (949) 644 -3311 • Fax: (949) 644 -3318 • www.city.newport- beach.ca.us 11 Frank Martin, Senior Inspector S. Crumby, Project Manager Frank Tran, Project Engineer Robin Clausen, Assistant City Attorney i 0 • 0 10 0 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 FAX COVER SHEET DATE: 5127104 FAX NUMBER: (619) 463 -0114 COMPANY., Bond Blacktop, Inc., 4350 Palm Av., La Mesa, CA, 91941 ATTENTION OF: Rob Davis SUBJECT: 03104 Citywide Slurry Seal Program, C -3647 FROM: Bill Patapoff. City Engineer FAXED BY., PHONE NUMBER: (949) 644 -3321 FAX NUMBER: (949) 644 -3308 NUMBER OF PAGES INCLUDING COVER SHEET: 1 In my fax of May 25, 2004, Bond Blacktop was informed that their slurry applications were being rejected for having failed to meet specifications, particularly the abrasion tests. Per the specifications, Bond Blacktop was directed to cease slurry operations until they could demonstrate the ability to comply with the Specifications. On May 26th a second abrasion test failed to meet specifications. Finally on May 27, a wet - track sample passed the abrasion test. Please call me at 949 - 644 -3311 to discuss Bond Blacktop's ability to guarantee meeting the specifications on any further slurry operations. Cc: R. Gunther, Construction Engineer Frank Martin, Senior Inspector Sean Crumby, Project Manager Frank Tran, Project Engineer ❑ FILENAME \p ❑ Please Notify Sender If Transmission Is Incomplete. • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 FAX COVER SHEET i DATE: 6123104 FAX NUMBER: (619) 463 -0114 COMPANY: Bond Blacktop, Inc., 4350 Palm Av., La Mesa, CA, 91941 ATTENTION OF. Rob Davis SUBJECT. 03104 Citywide Slurry Seal Program, C -3647 Traffic Control and Safety Non - Compliance FROM: R. Gunther, Construction Engineer FAXED BY: PHONE NUMBER: (949) 644.3311 FAX NUMBER: (949) 644 -3318 NUMBER OF PAGES INCLUDING COVER SHEET. A number of items of non - compliance have occurred and need to be corrected immediately. 1. Traffic stop bars have been slurried over without replacement within 24 hours as required by the specifications. This is a safety hazard. 2. Left turn lane closures on PCH consisted of only of one closure sign at the end of the turn pocket. No cones were in place to actually close the turn lane. This created a safety hazard. Closure was not per the WATCH manual. 2. Nearly all traffic control signs on the project are torn up and some unreadable. 4. Thermoplastic traffic striping was not removed prior to slurry application as required in the specifications. Cc: Bill Patapoff, City Engineer Frank Martin, Senior Inspector Sean Crumby, Project Engineer Frank Tran, Design Engineer Rich Edmonston, Transportation & Development Services Manager Steve Badum, Director of Public Works Please Notify Sender If Transmission Is Incomplete. 0 0 F 0. November 18, 2004 Ed Dillon Bond Blacktop, Inc. P. 0. Box 616 Union City, CA 94587 i • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Stephen G. Bad=, Director Faxed:510 -441 -9982 & 619 - 463 -0114 & Mail Subject: 2003.04 Citywide Slurry, C -3647 Contractor Default Dear Mr. Dillon, Bond Blacktop was sent a letter of potential contractor default on September 24, 2004. The reasons for potential default included substandard work, failing to meet the scheduled completion date of June 28, 2004, and for not completing or repairing project work items. Your letter of September 27 stated that you would complete the work starting October 4, 2004 and that a schedule would follow. Work (and repairs) has not been completed and no schedule was received. The City is therefore declaring Bond Blacktop in default on the contract and hereby requests that the bonding company, Great American Insurance Company contact me, in order to step in and take over the final completion and repair of the work. Besides very marginally acceptable work throughout the project and unfinished permanent striping and other punch list items, the maior deficiency included in the incomplete work was repair of ripples (washboardino) in the street slurry, particularly on Larkspur Street (but also including Poinsettia and Narcissus as well). Labelle- Marvins' review of the site and their subsequent letter of June 30, 2004 proposed corrective measures that included the use of cold milling to remove the entire slurry seal layer and replacement with slurry seal or asphalt concrete overlay. In my letters of July 8 and July 22, 2004 1 required that the rippled areas be removed from the streets (possibly by grinding or profiling) before another course of slurry be applied, and stated my concern in the July 22 letter that any attempt to fill the rippled areas with a stiff mix at a slow pace (as suggested by you) may work for awhile, but would likely separate and the ripples would then still be evident. In your letters of July 7, 22 and 26, 2004 you acknowledged that the work was unacceptable because of the ripples (and variation in color). The Greenbook remain and that the slurry is to be uniform in color. In the above letters you stated that you would slurry over the rippled slurry with a stiff mix at a slow pace in order to resolve the problems, rather than per the City's recommendation. You stated that you were 100 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3311 • Fax: (949) 644 -3318 • www.city.newport- beach.ca.us 0 0 percent confident in your procedure. You also stated that that if the re -slurry doesn't work then you would attempt the grinding of the rippled areas. Starting August 4th you did a test of your revised procedures to provide a better product. The test was successful on streets and parking lots that did not have ripples from your first slurry attempt. However, after your slurry repairs there were still ripples in the street most noticeably on the north end of Larkspur. We noted this in our punch list provided to you. Also, as we predicted, traffic wear has not improved the situation, but rather has caused separation of the materials and now the ripples remain evident in many areas of the streets particularly Larkspur, but also including Poinsettia and Narcissus as a minimum. Bond Blacktop has made no attempt to profile, grind or repair these areas. Although you have submitted a (final) payment request for just over $100,000 ($191,793.41 has already been paid on the contract), we are not making any additional payment on your contract at this time because the cost of repair work will probably exceed $100,000 and the bonding company may require that the City hold these funds until a cost is determined to remedy the unacceptable areas. There is also an outstanding stop notice of $15,807 from Strerndahl Striping that has not been released. Bond Blacktop was given sufficient opportunity to provide an adequate product, but failed to do so and has caused their default on the contract. You may contact either R. Gunther or me at 949 - 644 -3311 if you have any questions or would like to discuss the matter. Sincerely, Bill Patapoff City Engineer C: Great American Insurance Company, Jody Johnson; Fax; 925 - 935 -9189 1350 Treat Blvd., Ste., 300, Walnut Creek Ca. 94596 Steve Badum, Public Works Director R.Gunther, Construction Engineer Frank Martin, Senior Inspector S. Crumby, Project Manager Frank Tran, Project Engineer Robin Clausen, Assistant City Attorney Steve Marvin, Labelle- Marvin F: \USERS \PBW \Shared \Contracts \FY 03- 04 \03 -04 CITYWIDE SLURRY C- 3647 \1etter 11 -18; default.doc • 40 i Fo R December 1, 2004 CITY OF NEWPORT BEACH Mick Flak Great American Insurance Company 7500 E. Arapahoe Road, #250 Centennial, Co. 80112 PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director Subject: 2003 -04 Citywide Slurry, C -3647 Dear Mr. Flak, Fax; 720 -493 -8193 & Mail In the City's letter of November 18, 2004 to Bond Blacktop (Bond), the City declared Bond to be in default on the subject contract. Per the joint phone conversation of Tuesday, November 30, 2004 between the City Engineer, yourself, and Ed Dillon of Bond we have agreed to release the default notice at this time, based on Bond's guarantee of returning to complete a few minor punchlist items (attached) and more importantly to make repairs to approximately 3 streets in Corona Del Mar that have ripples in the finished surface. The City agreed to make an up -to -date progress payment to Bond, which is being processed at this time. This was agreed to based on Bond's guarantee to return and repair the streets with ripples in the surface. A field meeting is scheduled for Monday, December 6 to determine the areas to be repaired. The repairs then made will need to conform to the construction documents and be acceptable to the City Engineer. Finally, it was agreed that if Bond does not satisfactorily make the repairs and complete the punchlist, that Great American Insurance will step in to have the repairs made without additional cost to the City. Please sign and return a copy of this letter to confirm your agreement with the contents of this letter. 'Sincerely, w � Bill Patapoff City Engineer Confirmation by GMA, Mick Flak 3300_ Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3311 - Fax (949) 644 -3318 •-www.citymewport- beach.ca.us C: Ed Dillon, Bond Blacktop, Inc., P. O. Box 616, Union City, CA 94587; Fax: 510- 441 -9982 _ Steve Badum, Public Works Director R.Gunther, Construction Engineer Frank Martin, Senior Inspector S. Crumby, Project Manager Frank Tran, Project Engineer Robin Clausen, City Attorney Steve Marvin, Labelle - Marvin; Fax; 714 -546 -5841 F :IUSERS',PSW,SharedlContrac.s\ =Y 03- 041,03 -04 CI YWIDE SLURRY C- 3647�leler 32 -7; no default— re ?airs.doc • 9 0 03104 Citywide Slurry Seal Program 1] • Contract No. 3647 REVISED PUNCH LIST December 1, 2004 F. Martin General Notes: This list is for slurry re -work done in July /August 2004. Cameo Highlands: • Replace all Blue fire hydrant reflectors Cameo Shores: • Replace all Blue fire hydrant markers. • 101 & 107 Milford — remove slurry from driveways (tire tracks ) Corona Del Mar: • Replace all Blue fire hydrant reflective dots on all streets • Larkspur —Still has ripples and is unacceptable! • Poinsettia — Still has ripples and is unacceptable! • Narcissus — May have unacceptable ripples as well. • All streets in CDM to be checked Monday Dec. 6 by contractor and City. Newport Pier Parking Lot: The new thermo plastic striping has some poor finishes that will need to be touched up. Arrows and Legends. END OF LIST. F: \USERS \PBW\Shared\Contracts \FY 03- 04 \03 -04 CITYWIDE SLURRY C- 3647\Revised punch list- No strikeout - decl.doc w • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director December 6, 2004 Ed Dillon Fax: 510 -441 -9982 & Mail Bond Blacktop, Inc. P. O. Box 616 Union City, CA 94587 Subject: 2003 -04 Citywide Slurry, C -3647 Removal and Repair of Unacceptable Slurry Work in CDM Dear Mr.. Dillon, Based on our field inspection on Monday December 6, 2004, which included you and me, along with R. Gunther and Frank Martin of the City, we agreed on a number of streets which were still unacceptable and would require removal of the slurry and remedial work to provide an acceptable product. The unacceptable street areas are shown on the attached map and include parts of Iris, Larkspur, Narcissus, Poinsettia. Third and Fourth Avenues. In discussions with LaBelle -Marvin and in their letter of June 30, 2004 they stated that laver and replacement with slum seal or asphalt concrete overlay, In your letter of July 26� you mentioned the use of a profiler rather than cold milling if your initial attempts at slurrying over the `ripples" in the streets was not successful. Slurrying over the rippled areas was not successful. Please provide me with details of your proposed method to perform this remedial work including the amount of time needed to complete it. After approval of your procedures, we will then need to review and approve your proposed schedule for completion of the work. C: Mick Flak, Great American Insurance Company, Fax; 720 -493 -8193 7500 Arapahoe Road, #250, Centennial, Co. 80112 Steve Badum, Public Works Director R.Gunther, Construction Engineer Frank Martin, Senior Inspector 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, Califomfa 92658 -8915 Telephone: (949) 644 -3311 -Fax: 1949) 644 -3318 www.city.newport- beaeh.m.us i 1 i S. Crumby, Project Manager Frank Tran, Project Engineer Robin Clausen, City Attorney Steve Marvin, Labelle- Marvin; Fax: 714- 546 -5841 0 R\US—�RSIPBW\ShareMContracts\FY 03 -04 \03-04 CIT'YWID'E SLUP.RY 0- 3647Uetter 12 -6; remedial repairs-doe 11 E �a�IX -- S`t't'�cc#' gy�4S rp�V irl>19 S�urnj'1"r.NIDJy,(� CL WIDTH VARIES \.•] Lam' \ .. - y, - ,s�tw.° - =,=�_ / \ TYPICAL SECTON JMITS OF 4' PAY£1AENT REMOVAL ALONG 7HL GUTTER NO RMl ACE W7✓ 3`A 17 NTS / j•. 4 y��\•` �,{\\`. j /'\ • LARKSPUR AVE. - FROM FIFTH AVE, TO E COAST HWY J `'�C" �, • MARIGOLD AVC. - FROM FIFTH AVE TO FOURTH AV4 ' rte' 'Y��p� `.tP Y `�` • ORCHID AVE. - FROM FIFTH AVE. TO THIRD AVE. ~. 1 POINSETTIA AVE_ - FROM FOURTH AVE. TO E. COAST HWY \ '� \��'. \J. / �\ +x, \ \`♦ \� n'�' \� � 1S3LATEC OICUUTS ALSO W O1HE'R AREAS . J 'l' _f'�^. �� \�„ \\�\•� \ \,Y:J`\ \�\�`' iv'\��5�\ � \~jam \1 /i t\'v.' �� /•} / i �`j_.� \\��j" yl o .s1r •F\'�" awy�Y A vv; � \ • �, l Y � \` �J` / \ x\ .y �, %>\�' '� . F4�A >r��\FRbd.xlisti:RE��AR1es�ig� '\� �:. , �� \. ��.�F \ . %•,, r..� -�J _ "\: .' , l rpJRTH AVE - FROM MARCUEP,ITE AVE, tc POPPY nVG � �T� iEIiRD AVc. -FROM HELOTROF•E AVE. TO .uSMINE nvE. _1l r� IHIRD AVE. -FROM MARGUERITE aY. TO PQoPY AVE. Le -rND I, .'CONO AY. - FROM JASMINE TO TO HAZ-eL DR. 1~ l� lA DAHLIA ARE AVE. -FROM AVE TO COAST HWY. E T OIDEVE. - R. - FROM VF. TO FOURTH OAS TO CCP.ST H E. IRIS AVE. -FROM FIFTH AVE. 7O COAST HWY. E * '� �• '_ARKSPUR Alr, - FROM FIFTH AVE. TO COAST HWY. E A pL--� ��1 ti� PQ MARIGOLD AYE - FROM nFTH AVE, 10 FOURTH AVE. �`P PIS^ � �' ' ^ a� �• NAP.C.SSUS AVE. - FROM FIFTH AVE 10 COAST HWY, E r.GRV L1'1•'L0. SlVr rj YGh "41 ORDIVO AVE. - FiPCW. FIFTH AVE. TO COAST HWY, E. b ..JJ .J �J No, 4OZ4 POIKSET'& AV, - FROM FOURTH AVE- T COAST HWY - a' iW-QQL V. (P. -Z pOct , ^LRp i2 -9)-DB ENT � LIMITS OF SLURRY SEAL, TYPE II —•- LIMI S Of 4 -FT PAVEMENT REMOVAL 'S CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT L./�»+ -b-- 02/05/04 FISCAL YEAR 2003 -2004 P NCIPAL L ENGINEER DATE R.C.E 46214 rY i NEWPORT BEACH M PUBLIC WORKS DEPARTMENT Stephen G. Bad=, Director May 26, 2005 Mick Flak Great American Insurance Company 7500 E. Arapahoe Road, #250 Centennial, Co. 80112 Subject: 2003 -04 Citywide Slurry, C -3647 Default of Bond Blacktop Dear Mr. Flak, Fax; 720 -493 -8193 & Mail By this letter we are requesting that Great American Insurance Company take over the closing out of this project, by making final payment to the City to cover costs of damaged street work by Bond Blacktop and to cover any outstanding Stop Notices on the Project, of which there appear to be two totaling approximately $45,000. In the City's letter of November 18, 2004 (attached) to Bond Blacktop, the City declared Bond Blacktop to be in default on the subject contract. After discussion with you and with Ed Dillon of Bond Blacktop in December it was agreed that Bond Blacktop would be given the opportunity to demonstrate that they could repair by grinding and re- slurrying the streets they had damaged with their rippled slurry. This grinding demonstration was done by Penhall on March 1, 2005 on Poinsettia Street in Corona Del Mar. The demonstration was not at all convincing that it would remedy the problems. Subsequent to that, an independent consultant, Labelle- Marvin Associates wrote a report dated April 8, 2005 (attached) that confirmed that the proposed fix of grinding and re -slurry would not remedy the problem, and that placing a new asphalt finish surface was the only way to solve the problem. The estimated cost for this work could be up to $100,000 to repave this 100,000 square feet of roadway. We sent a letter to Mr. Dillon (attached) on April 22, 2005 stating that Bond's proposed method to grind and re -slurry the street was unacceptable and that we would instead be deducting $26,250 from their contract (the amount equivalent to the cost of grinding and re- slurry — a rather generous offer on the City's part, rather than requiring Bond to repave the street at a much higher cost). We attached a final progress payment for Bond to sign that included the deduct of $26,250, but they never responded. Also, prior to our letter to Mr. Dillon, we called Mr. Dillon on his cell phone and left messages for him to urgently call us, but we got no response. On May 12 we phoned Bond Blacktop's 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3311 • Fax: (949) 644 -3318 • www.citv.newport- beach.ca.us . • • office in Union City where the lady said she would have Ed Dillon call us right away. We received no return phone call. As this project is nearly 8 months past its originally scheduled completion date and no work has been done for over 6 months, we request your prompt attention to this matter and to resolve all final financial issues. Please call R. Gunther at 949 -644 -3325 as soon as possible. R e] , Q, tapoff pe City Engineer Attachments C: Ed Dillon, Bond Blacktop, Inc., P. O. Box 616, Union City, CA 94587; Fax: 510- 441 -9982 Steve Badum, Public Works Director R.Gunther, Construction Engineer Frank Martin, Senior Inspector S. Crumby, Project Manager Frank Tran, Project Engineer Robin Clausen, City Attorney Steve Marvin, Labelle- Marvin; Fax; 714 -546 -5841 F: \USERS \PBW \Shared \Contracts \FY 03- 04103 -04 CITYWIDE SLURRY C- 3647 \1etter 12 -1; no default — repairs.doc 0 Idpr 11 05 10:21a LaBelle- Marvin, Inc. 714 -546 -5841 P -1 • DESIGN15 L Ge l e"e • A 4 i• `•," • TEOCHNOLOCV? PROFESSIONAL PAVEMENT ENGINEERING A CALIFORNIA CORPORATION /'off; e5 -;a April 8, 2005 .Mr. R. Gunther Chy of Newport Beach Public Works Department P.O. Box '1768 Newport Beach, CA 92658 -89155 Bond 3lacktop -9 Irre�_uiar Street Finish Va =ous Locations LMI ProjectNo. 32046 Mr. Gunther: �uhk M AVGJ S sd q V) =ra h l! Previous slurry seal applications by Bond Blacktop within the City of Newport Beach. Caiiforiia had been met with less han acceptable reviews. Based on available information, site review and me-Zzs in 2004. various alternative methods o`cor— .ection ->;-ere explored and discussed Based on these discussions, rework of v anous unacceptable areas was performed. ';Nllile the rework as outlined resulted in improvement of the identified areas and :- proved overall worLnanship, certain areas remain uracceptable. The specific streets are generally nosh of . acifc Coast Highway - within the Corona Del Mar region of the City and are limited to 4 or 5 identified roadways. These roadways continue to exhibit unacceptable levels o? r ppling and moVemeni reSU tmg in a typical '-washboard' appeara_-1ce and nde characteristic. Based on this long tern performance review, removal of the existing slurry.seal will be required. The current conditions eliminate further consideration of alternatives such as sweeping and long term review or use of warrantee periods to address the unacceptable conditions. The method of removal and the specific type of resurfacing available for consideration is therefore now an item of discussion. 2700 S. GRAND AVENUE . SANTA ANA, CA 92705 -5404 . (714) 546 -3468 . FAX (714).546-5841 INFO @LABELLEMARVIN.COM apr 11 05 10:21a LaBelle- Marvin, Inc. 7 1546 -5841 April 8, 2005 Project Rio. 32046 P2„e 2 Methods of Removal Cold Milline Cold milling is often utilized to remove asphalt concrete of specific dimension and is often utilized to prepare a roadway surface for asphalt concrete overlay. The I utilizes a rotating drum with `teeth' which `chew' through the pavement, leaving a rough surface suitable for bonding of the asphalt concrete overlay. The nliiling operation is also utilized to modify roadway elevations permitting joining of the new surface will- existing curb and gutter. The complete surface will be rough, and may not be fully covered by reapplication of Emulsion Aezregate Slur 7v seal. Future wear of the seal will also likely expose :he millea surface, result]_n_e in obvious acs het' aIld operational challenges. ��'f112 this process may be suitable for high speed arterial roadways, the narrow roadwav widths, hfeh volu,nes 0. foot ffal 1c and of roL'rse the last Veal of hfcah visibility likely diminishes the suitability of this repair r_7ethod for the s ~.eets in euesdor.. V'1 7ere cold zlilling is ntih_Zed, placement of an asphalt concrete overlay versus seal is therefore recorn- fended. Pavemenr. Grinding Pavement nd-=2 utilizes abrasive grinding equip-meat with a series of diamond cutting blades. The process is often used to address surface bumps and irreE-ularities along higher speed roadways, highways and freeways. The completed surface will be smoother than with use of Cold Milling, and may therefore be used as a wearing surface along highways with certain modifications. Such modifications typically include use of either a fog or slurry seal. The process is designed to provide a uniform, good riding surface, and as such is not intended for use along areas of sharp crown and cross ope, grade breaks, short radius vertical curves. etc. A specific minimum depth —of must be specified, with areas of irregularity ground to a deeper depth to smooth the riding qualities. LaBelle • Marvin p.2 i 0 9 R�?r 11 05 10 :21a LaBelle- Marvin, Inc. 714 -546 -5841 P.3 • • 0 • April 8, 2005 Project No. 32046 Paec 3 The existing grades and irregularities along the identified roadways will likely not lend well to this approach. Placement of asphalt concrete overlays will likely be ' necessary to address areas of w o esa e remova oue fo the roadway geometry. The opportunity to be of service is sincerely appreciated and should you have any questions, kindly call. Respectfully Submitted, Steven R. A4arvin RCE 30659 PI'd. ;'z LaBelle • Martin }3o�c�— St1' {� arGk5 r�vml�5 S�vry -9 rer>to : i \ \ \`��~ `=� \Y Y F =�^ - ^y'RJ'SMIIJP ,A;OE�vC`l RIC5�11�k.YC! AVE, - rz OM MARGUE41- AV- TO POPPY AV AVC - .FROM HEL.•OTROPE AWE TO JASMINE AVE AVE. - FRCM MARGUFR!7r AVE_ TO POPPY AVE. ID AVE, - ROM JASMINE AVE. TO HAL OR. AVE. - FROM v'7L' AVE TO COAST ',WY. NRCO AVE - FROM FOUR--H AVE 70 OOAS7 HWr AVE. TC COAST P.WY. _ P'JR AVM - FROM FiF-i AV-, TO -CAST HWY. E.' OLD AVE - •ROM MFTt AVE TO FCURTH IvE. t :SUS AVE, - =ROM 9ET AVE- ?.V, 70 COAST IWY = A'r_ - :,CM AVE- 7C COAS :=,.,A AVE. - nOM F..."RT. r. At- OOAS HN^.'. W07H, VARIFc TYPICAL SECTION - UMIS OF A' PAVEMENT REMOVAL ALONG THE GUTTER AND RE-14 F WITH T'A ✓a' ^M (P4 VIDm t /R' I IP) NTC. • LARKSPUR AVE - FROM 177m AVE. TO E COAST HWY. • MARIGOLD AVE - FROM FlFTH. AVE. TO FOURTH AVE. ORCHID AVE. - -,--.ROM FIFV AV-- TO THIRD AVE. • POIN_SE11 -19A AVE - FROM FOURTH AVE. TO E OAST HWY. ISOLATED DIGCUTS ALSO IN CTHE< AREAS 1 - ciz t f' 5 t*'c. c{ s ;''- cgt.•lY lilq SIUrt4 YG "1 oJ4 err -P <tr. Dc- '<.6.zo�4- [M; OF SL:'FFY SEAL, iPE it - - _ LIMI i_ Or ? -r T = AVEMENT REMOVAL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT •FISCAL. YEAR 2003-2004` APPROVED NP. A62'A s 02/05/04 PRINCIPAL u L. ENGINE--,R DATE R.C.E A6214 s si CITY OF NEWPORT BEACH • PUBLIC WORKS DEPARTMENT P.O. BOX 9768 NEWPORT BEACH, CA 92658 -8995 FAX COVER SHEET DATE: April 22, 2005 FAX NUMBER: (699) 463-0114,,510-441-9982 8 Mail COMFANY., Bond Blacktop; Inc., 4350 Palm Av., La Mesa, CA, 91941 ATTENTION OF., Ed Dillon SUBJECT: 03,,`04 Cit✓wide Slurry Seal Program, C -3647 Final Payment and Project Completion FPOM: R. Gunthe , Construction Engineer FAXED BY: 0 PHONE ,NUMBER: (949) 644 -3311 FAX NUMBER: (949) 644 -3318 NUMBER OF PAGES INCLUDING CObIER SHEET: i left a ''✓oica messace on your Cali phone on i`; iCc; ✓; .Aprl 22. 2005. Ai'ached iS a COCy vi 2 „1;17; ireG r'rocress P_ymeni 5 , .e-entiGn ay7lent. l would appreciate it if you would siCn i_ and fax ;t deck tG me at S ^9- c4� -33' s by Tuescay, A.cri 28, 2065. It incluces a previousiy aced non- pey,reni for s;urry ;or per's o-16 streets in COM (36,250 deduct). It now alsc inc;'uces a deduction of 50.20 per so. >t. in lieu of cold milling/gr%netng tnose streets, which would be an and leave a product of lnfenor Cual/t' ✓. (S20, 000 deduc:) This payment aareenent will allow me to file for me rjcdca of completion, and make the payment 35 days after the NOC. — (A,'So, assuming that there are no stop notices outstanding - there may be one for $39,000 rrorn the st,;per Stemdahl which you may need to obtain a re(eSse for). Thanks. �Y G % filler Cleve _;ag_rn, P'JVllc 'Works Direo or Bill catapo ;, City Engineer Prank Mat-in, Senior Inspector Seen Cn unby, Project Engineer Prank Tran, Design Engineer Please Notify Sender If Transmission Is Incomplete. deduced of -C for ceieted Saiboa Slvc ,.ecucrec -C % of Rcwo s=nc 4x deleted Balboa Bwc manes pay an, 53£.43250 less) _.:,a, -bance Nc. E510001 Aocoum Nos: '.P" �510v452 iC1S- 05100015 2320 -BOAC 2360 -8040 Total $10,76757 Send Favment to: 810=41 -2961 Bond Blacktoolnc. P.C. BOX 516 Union City. CF. 54587 PREVIOUS PAYME AMOUNT CON—,AC-OR CA -E CONS7.RUC71CN =.VGINEER C°Y ENGINEER/ PUBLIC WORKS DIRECTOR CITYWIDE SLURRY G364TPROGaES5 PAYMENTS & CHANGE `.J 5259,066.89 50.00 u ($final) b -iIGW �A CITY OF NEWPORT BEACH �_ PROGRESS PAYMENT ' 7,o.,1r Contract No. 3647 PP5 - Final & PRCJECT: City -wide Slurry Seai Program 2003 -2004 PAYMENT NO.: Retention BUDGE7 NUMBERS: SEE BELOW PAGE 1 OF 1 ORIG. C -0147r AC7: S357,0e7.50 ¢- - --RAS (538,030.61) DA -: a(tef NOC ENCUMBRANCE NO. 7-51000/1 % OF TOTAL -27.4e% TOTAL: 5259,066.89 COMPLE i ION DATE: THIS PERIOD TOTAL TO DATE DESCRIPTION (Condse) EST.AMT. UNITS BID PRICE AM7 EARNED AMT EARNED 1 IM00147avon 1 I LS 1 6 .500.00 I 1D0% 56,5O0.00 2 17 affic Control ( ?) 1 i LS 1 14,100.00 60% $8,A60-00 I 3 17voe I Slurry Seai 1 249.000 SF 1 0.061 I 332.759 520,797 AA 4 ITyoe II Slurry Seal 1 :.360.0001 SF 1 0.061 ;,312,140 575,448.05 5 IAsohalt Rubbeersd Slurry Seal (deieted) I 49C,000 SF 1 0.12 0 $0.00 5 ICad: Seaiinc 1 LS 1 7,250.00 I I 100% 57,3150-00 7 1Re=nsma- Pzvemem, i 49AOC SF I 2.45. 58572 £142,746.40 8 !7.effic Suicinc & Markin for Rcwevs i2) 1 1 LS 48275.001 I 30% I 514,482.50 ai1C Stnnrnc & Naming for Faming - - - __ 5 - ^'S.OGI I 1GC% I S7.03LOU Suoromi --2 9. -21 3C CC2 - Slurry for Addec PrKnc Los (fire s;a.scc) 9--400 SF 0.O625 9' BOG 5871250 (accs; 2320 -8040 (fire;; 235-1- 8040(fiifeeres; ...._ - saiia? We. -.ack -ass ..osts (L!J) tOC °, :54,2.5. ^0)) Deduct repay xs; vaiue!milbcrind) or Poinsettia. Nam_ _sus, 7nirc, Larkspur. iris, Fourth: Slury Cor, 100.000 SF -0.0625 1007000 (56,25C.00) Coid MHUGrind Cos: 100.000 SF -0.2000 100,00C ,S2^_,00C.00) deduced of -C for ceieted Saiboa Slvc ,.ecucrec -C % of Rcwo s=nc 4x deleted Balboa Bwc manes pay an, 53£.43250 less) _.:,a, -bance Nc. E510001 Aocoum Nos: '.P" �510v452 iC1S- 05100015 2320 -BOAC 2360 -8040 Total $10,76757 Send Favment to: 810=41 -2961 Bond Blacktoolnc. P.C. BOX 516 Union City. CF. 54587 PREVIOUS PAYME AMOUNT CON—,AC-OR CA -E CONS7.RUC71CN =.VGINEER C°Y ENGINEER/ PUBLIC WORKS DIRECTOR CITYWIDE SLURRY G364TPROGaES5 PAYMENTS & CHANGE `.J 5259,066.89 50.00 u ($final) b STOP NOTICE FEB 7 2005 CALIFORNIA PUBLIC Wes% E I V E D (Civil Code Section 3103, Section 3179, et seq.) 405 FEB —7 AID :07 TO: (:itY rf N3Q3't- Bmrh (See Service Note) OFFICE 11F Tt:= CITY CLERK 3300 Napeat �i Sled. Nagpert �eii, M 92663 CITY OF t e W PUR T BEACH (Address) Date PROJECT: 2003 Copies Sent To: (Name and Location of Project and Project Number) ❑ Mayor ld Rtex xr , Inc. 11861 13ranf�d 9t. an v7auw, (J%. 91352 � Council Member Claimant — , anage7 r (Name and address) has furnished ( Labor /services/equipmenVmaterial) of a kind described generally as (Description of type of work or material).. , for the benefit of/at the request of: Bcr d BlaLkbcp Inc (Name of person to or for whom same was furnished) for the public work of improvement described as the Project above. The value of the whole agreed to be done or furnished by claimant is $ 39,857.58 The value of that already done or furnished is $ 39.857.58 . Claimant has been paid or credited with the sum of $ -0== and there remains due and unpaid the sum of $ x,857 -5H plus interest at the rate of 18 96 per year from 09/15/04 , 19 _ . Pursuant to Civil Code section 3186, it is your duty upon receipt of this Stop Notice, to withhold from the original contractor, or from any person acting under his authority, money or bonds (where bonds are to be issued in payment for the work of improvement) due or to become due to such contractor in an amount sufficient to answer.the claim stated in this Stop Notice and to provide for the reasonable cost of any litigation thereunder. Dated 02/03/05 Sba..rtahl Fxtm * �, Inc. (Name of Claimant) Amounts T4aoeivable (Signature of Claimant or Agent) (Title) - over - © Associated General Contractors of California, Inc. 1998 FormAGCC -20 Revised 8197 r I, the undersigned declare; VERIFICATION �J 1 am the Aooarits Recieivable of Sbmx1 hl atap :i es, Tric• (Title) (Name of Claimant) the claimant named in the foregoing Stop Notice; I am authorized to make this verification in behalf of the claimant; I have read the foregoing Stop Notice and know the contents thereof, and the same is true of my own knowledge. 'I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: 02/03/05 of individual who verifies the contents of the Stop Notice) NOTICE TO CLAIMANT: If the claimant pays two dollars ($2.00) to the public entity at the time of filingthe stop notice, the public entity must give notice of completion, cessation of labor deemed to be completion, or acceptance of completion, of the public work. SERVICE NOTE: Civil Code Section 3103 requires that the stop notice be filed with the director of the department which let the contract, if the public work is for the State. In the case of any other public work, the statute requires that the stop notice be filed in the office of the controller, auditor or other public disbursing officer whose duty it is to make payments under the provisions of the contract, or with the commissioners, managers, trustees, officers, board of supervisors, board of trustees, common council, or other body by whom the contract was awarded. NOTE: This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This form is intended to meet the requirements of California law as of August 1, 1997. 2- TO THE PUBLIC AGENCY CITY OF NEWPORT BEACH CITY CLERKS OFFICE 3300 NEWPORT BLVD Newport Beach, CA 92663 STOP NOTICE - PUBLIC WORKS PROJECTS AI~rF :IVFD '05 iii 11 - `. A9 .28 FROM BOND OR LIEN CLAIMANT International Pavement Solutions, Inc. P.O. Box 10458 San Bernardino, CA 92423.0458 0 N N ,d O U E d � 3 C q C I DODL���p❑ TO GENERAL OR PRIME CONTRACTOR BOND BLACKTOP INC P 0 BOX 616 UNION CITY, CA 94587 Contract Number JOB 904020 TO LENDER, SURETY OR BONDING CO. GREAT AMERICAN INSURANCE 1350 TREAT BLVD., STE 300 Walnut Creek, CA 94596 Contract or Bond Number 4076045 TO ALL BONDING COMPANIES, SURETIES, PRINCIPAL CONTRACTORS AND OWNERS OF THIS PROJECT: PLEASE TAKE NOTICE THAT INTERNATIONAL PAVEMENT SOLUTIONS, INC. has a claim in connection with the public work known as 200312004 CITY WIDE SLURRY SEAL project, located at VARIOUS LOCATIONS, Newport Beach, CA, in the County of ORANGE. The specific contract information is for Customer Purchase Order #3647, General /Prime Contractor Contract #JOB #04020, Owner /Public Entity Contract #2003 CITYWIDE SL, our Joblinvoice #M4S028. The claimant furnished the following kind of labor, services, equipment, materials or service charges: Asphalt, Concrete, Seal Coat, Striping, Landscaping, Sweeping andlor General Contracting. The name of the party to whom the material was furnished or supplied, or for whom the labor was done or performed, is BOND BLACKTOP INC, P 0 BOX 616, UNION CITY, CA 94587. To the unpaid balance due of $13,670.58, please add anticipated service charges, interest, court costs and attorney fees of $10,000.00. WHEREFORE, the claimant prays that the public entity, upon receipt of this Stop Notice, withhold from the original contractor, or from any person acting under his authority, money due or to become due to such contractor in an amount sufficient to answer the claim stated in such Stop Notice and to provide for the reasonable cost of any litigation thereunder. The total value of labor, services, equipment and materials furnished by claimant or agreed to be performed was $136,705.76. That the value of labor, service, equipment, materials and service charges so performed or furnished as of the date of this notice is $136,705.76. That such claim has not been paid in full except that there has been paid against the balance due the sum of $123,035.18. The unpaid balance is now $13,670.58, plus service charges or interest at the rate of 18.00% per annum. To the unpaid balance due of $13,670.58, please add anticipated service charges, interest, court costs and attorney fees of $10,000.00. WHEREFORE, the owner shall, upon receipt of this Stop Notice, withhold from the original contractor, or from any person acting under his authority, sufficient money due or to become due to such contractor to answer this claim and any Claim of t* • • Lien that may be recorded therefore. FURTHERMORE, the construction lender shall withhold from the borrower or other person to whom it or the owner may be obligated to make payments sufficient money to answer this claim and any Claim of Lien that may be recorded therefore. REQUEST FOR NOTICE OF COMPLETION, ACCEPTANCE OR CESSATION In accordance with Sections 3158 and 3181 of the California Civil Code, you are hereby served a Stop Notice concerning the public work of improvement consisting of 200312004 CITY WIDE SLURRY SEAL project, located at VARIOUS LOCATIONS, Newport Beach, CA, in the County of ORANGE. This public work is being performed pursuant to the original contract entered into between you and BOND BLACKTOP INC, P 0 BOX 616, UNION CITY, CA 94587, the original or prime contractor(s) for such improvement. The specific contract information is for Customer Purchase Order #3647, GenerallPrime Contractor Contract #JOB 904020, Owner /Public Entity Contract #2003 CITYWIDE SL, our Job /Invoice #M4S028. Pursuant to Section 3185 of the California Civil Code, enclosed is the sum of two dollars ($2.00), in the form of a check or money order, to cover the cost of Notification of Completion or Cessation. Please send said Notice of Completion or Cessation to the undersigned. Dated 0412612005 for International Pavement Solutions, Inc., P.O. Box 10458, San Bernardino, CA 92423.0458 By: c Phone:(909) 794.2101 Fax:(909) 794.7098 Brent C. Rieger, Pree ent VERIFICATION I declare that I am authorized to file this Stop Notice on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at San Bernardino, California on 0412612005 for INTERNATIONAL PAVEMENT SOLUTIONS, INC.. By: Phone:(909)794.2101 Fax:(909) 794 -7098 Brent C. Rieger, Pr� ent PROOF OF SERVICE BY MAIL AFFIDAVIT I, April K. Hergenreder declare that I served copies of the above STOP NOTICE - PUBLIC WORKS PROJECTS By First Class Certified Return Receipt Requested or Registered Mail service, postage prepaid, addressed to each of the parties at the add re s shown above o�J 0412 !12005. ydeclare under penalty of perjury under the laws of the State of California that the fore in i t ue r bt. �Y /•,L,J1 By: Apri ergenreder, Credit M na r 06TARY ACKNOWLEDGMEP State of California County of San Bernardino On 4/26/05 Date personally appeared Brent C. before me, April Kimmen Hergenreder, Notary Public Name and Title of Officer (e.g. "James Doe, Notary Public) Name(s) of Signer(r) ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), APRIL NNE or the entity upon behalf of which the person(s) acted, Conrr"on f 14M executed the instrument. Notary Raw - Cdf mio Son Bernardino County WITNESS m hand and official seal. Comm. E Apr 1Q 7n019 IY I l - A�J�l-1 —Y�� April iK mmen Hergenreder, Notary P OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Stop Notice - Public Works Projects Document Date: 4/26/05 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Brent C. Rieger ❑ Individual ® Corporate Officer Title(s): President ❑ Partner ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer is Representing: Int'I Pavement Solutions,lnc. Number of Pages: 2 Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer is Representing: American LegelNet, Inc. ww !,MCoudFoms.mm 0 0 i W'.)ODVMfF r • INTERNATIONAL PAVEMENT SOLUTIONS, INC. G 5994 ' i:�urC2�rrxj -1, C7tt8e4"i r btai2f3;ruuic &e�dlr2ie,�.. 11'00599411' 1:1 2 2 24 2607i:08i000 ?Ls 411• ■M0 ECEINED JAN 19 2005 05 JAN 19 A10:44 RELEASE OF STOP NOTICE - _ _ _ _ — _ _ (PS b 'c or Private Work) !AH .."I" Orr;UL OF ' -E CITY CLERrt u v;.•.tmmo.5 CI f Y OF :`. - tiPORT BEACH with whom Stop Notice was 33TW -t5+t : ::ffi IMN: . . v: 92663 w You are hereby notified that the undersigned claimant releases that certain Stop Notice dated 08/18/04 , in the amount of $ 15.807.82 against • r 4 -' as owner or public body and (if applicable) Bcnd Bladd3cp 7rx--. as prime contractor in connection with the work of improvement known as �� • .- a -- . a in the City of Sm State of California. Date Dately? Copies Sent To: Cl Mayor ❑ Council Member ❑ Manager Itorney P PLO , County of Ics k9ales Name of Claimant st�hl r �' Inc. By ign ture) bald J. t ALer / Vice Presid3 - Adnixastzati (Official Capacity) Q Associated General Contractors of California, Inc. 1990 -over- Form AGCC -21 r • STATE OF CALIFORNIA COUNTY OF t-0-6 )SS. On t I t -3 o r-- before me, the undersigned, a Notary Public in and for said State, person ally appeared i2o.+N&O '3 ►1oldt_ti. personally known to me or proved to me on the basis of satisfactory Qvidence to be the person V,*^*O I�.(� whose name subscribed to the within instrument and acknowledged that Wt executed the same. WITNESS my hand and official seal. (This area for official notarial seal) A." NOTE: This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This form is intended to meet the requirements of California law as of October 1, 1989. -2- O 0 STOP NOTICE CALIFORNIA PUBLIC WORK (Civil Code Section 3103, Section 3179, et seq.) �►ffr (See Service Note) 3c04 } for the benefit oVat the request of: person to or for whom sable was H H 'C M Q for the public work of improvement described as the Project above. The value of the whole agreed to be done or furnished by claimant is $ ��;. / 7 • a The value of that already done or furnished is $161967 -- - Claimant has been paid or credited with the sum of $ , and there remains due and unpaid the sum of $ %� , plus interest at the rate of v % per year from ,WSL1. Pursuant to Civil Code section 186, is your duty upon receipt of this Stop Notice, to withhold from the original contractor, or from any person acting under his authority, money or bonds (where bonds are to be issued in payment for the work of improvement) due or to become due to such contractor in an amount sufficient to answer.the claim stated in this Stop Noti a and to provide for the reasonable cost =itigatio th eunddeer'. Dated r ( Name of Claimant) (Signature of aimant or Agent) (Title) over - © Associated General Contractors of California, Inc. 1998 FormAGCC -20 Revised 8197 0Cl11 y pl N G w " H N H i G lv 3 c VERIFICATION I, the undersigned ,d�,eccl�lla�re; I am the Qui- mwfd." of (Title) (Name o Claimant) the claimant named in the foregoing Stop Notice; I am authorized to make this verification in behalf of the claimant; 1 have read the foregoing Stop Notice and know the contents thereof, and the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of galifornia that the foregoing is true and correct. Date: / ( natur f individual wh erifies the contents of the Stop Notice) NOTICE TO CLAIMANT: If the claimant pays two dollars ($2.00) to the public entity at the time of filing the stop notice, the public entity must give notice of completion, cessation of labor deemed to be completion, or acceptance of completion, of the public work. SERVICE NOTE: Civil Code Section 3103 requires that the stop notice be filed with the director of the department which let the contract, if the public work is for the State. In the case of any other public work, the statute requires that the stop notice be filed in the office of the controller, auditor or other public disbursing officer whose duty it is to make payments under the provisions of the contract, or with the commissioners, managers, trustees, officers, board of supervisors, board of trustees, common council, or other body by whom, the contract was awarded. NOTE: This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This form is intended to meet the requirements of California law as of August 1, 1997. 2- P. 1� U CITY OF NEWPORT BEACH CITY CLER'.r NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768,'Newport Beach, CA -92658 -8915 until 2:00 p.m. on the 25th day of February 2004, at which time such bids shall be opened and read for 2003 -2004 CITYWIDE SLURRY SEAL PROGRAM Title,,of Project Contract No. 3647 $ 516,000_ Engineer's Estimate Sphen G. Badum lic Works Director e, 005 cr' O� c`F5 QJ� Prospective bidders rfiay obtain one set of bid documents for $ 10 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 General. "A" or "C -12" Contractor's License required for this project For further information, call Frank Tran, Project Engineer at (949) 644 -3340 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2003 -2004 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3647 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.13 ACKNOWLEDGEMENT OF ADDENDA... .... ....... ...... _ ........ A5 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR-1 SPECIAL PROVISIONS ................... ......................................................................... SP -1 `a i • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2003 -2004 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3547 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 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 wordE "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 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 relating to prevailing wage rates (Sections 1770 -7981 inclusive). Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: www.qpo.gov/davisbacon 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 746432, Class. A Contractor's License No. & Classification Bond Blacktop, Inc. Bidder aAIJ OL Authorized Signature/Title Edward Dillon, Vice President tea'A v Date 02/17/2004 14:22 F.•1K 510 441 9982 BOND BLACKTOP. Inc. Q002/002 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2003 -2004 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3647, 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 (107) of the Total Amount Bid - -- Dollars (� -107 -- ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2003- 2004 Citywide Slurry Seal Program, Contract No. 3647 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents In the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 18th day of February , 2004. Bond Blacktop, Inc. By: FA"ZL.4 a,1 Name of Contractor (Principal) Authorized SignaturelTitle Edward Dillon, Vice President Great American Insurance Company Name of Surety 1350 Treat Blvd., Suite 300 Walnut Creek, CA 94596 Address of Suretv (925) 935 -9060 Telephone _ & eb�A�� Jody A. Johnson, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 0 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Alameda I ss. 0 On 02/25/04 beforeme, Debbie Dillon, Notary Public Dale Name and Thie of officer (a g..'Jam Doe. Notary Public') personally appeared Edward Dillon Name(e) of Signer(e) 1!f EKpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SS my hand and o ' ' I seal Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: City of Newport Beach Bid Douce Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here • Corporate Officer— Title(s): • Partner —0 Limited ❑ General • Attorney -in -Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: ®1999 Nafional Notary Aewciation • 9850 ce Soto Ave.. P0. Box 2402 • Chatsworth, CA 91 31 3 -24 02-w .nafionalnota org Prod No 5907 Ruci call Toll -Free 1 -B00 876E927 • 0 0 r - California All Purpose Acknowledgment State of California County of San Mateo On February 18, 2004 before me, Jean L. Neu, Notary Public Date Name fl Title of Officer /Notary personally appeared Jody A. Johnson Namesis) of Signers(s) personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. JEAN L- NEU Commission 91332209 Notary Public - Califomia San Mateo County Q*Conm. Expires Dec21, 2005 :vatv+a (The information below is not required by law) Description of Attached Document Title /type of Document Date of Document Other Signer(s) h:\docs\surety\forms\notary.doc No. of Pages .1 0 0 0 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513 - 369 -5000 • FAX 513- 723 -2740 The number of persons authorized by this power of attorney is not more than 64i.! No.O 14125 POWER OFATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney- in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company many such bond. undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JEFF PREVOST KATHERINE G. ZEROUNIAN ALL OF ALL ERIN BAUTISTA JODY A. JOHNSON REDWOOD CITY, UNLIMITED JEAN L. NEU BRYAld D. MARTIN CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact famed above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and at bby its appropriate officers and its corporate seal hereunto affixed this 30th day of September, LO(7L Attest GREAT AMERICAN INSURANCE COMPANY MA STATE OF OHIO. COUNTY OF HAMILTON - ss: On this 30th day of September, 2002 , before me personally appeared DOUGLAS R. BOWEN. tome known, being duly swom, deposes and says that he resides in Cincinnati. Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument: that he knows the seal of the said Company: that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1. 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or mom Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof.- to prescribe their respective duties and the respective limits of their authority: and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company maybe affixed by facsimile to any power of anomey or certificate of eithergiverr for rite execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same farce and effect as though manually affixed. CERTIFICATION I. RONALD C. HAYES. Assistant Secretary of Great American insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1. 1993 have not been revoked and are now in full force and effect. Signed and sealed this 18th S 10297(11/01) day of February 2004 A.M. Best's Rating for Great American Insurance Company Page 1 of 1 02213 - Great American Insurance Company Member of Great American P & C Insurance Grp A.M. Best 9: 02213 NAIC 9:16691 View a list of group members or the group's rating _ Best's Rating A (Excellent)* t..i_ Financial Size Category A' XIII ($1.25 billion to $1.5 billion) *Raffngs as of 02/2612004 02:59:49 PM E.S. L Rating Category (Excellent): Assigned to companies that have, in our opinion, an excellent ability to meet their ongoing obligations to policyholders. Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register online. Copyright © 2004 by A.M. Best Company, Inc. ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. http: / /www3.ambest .corn /ratingslrating.asp ?AMBNum =02213 &Refnum =02213 &Site =ra... 02/26/2004 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 2003 -2004 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3647 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name: RcsC r Address: ,Z 3666' 54�4a 'IN4,dA 9270 Phone: (710 S437— o iaC State License Number: 6 3 p,t 4110--)q Name: S;)ZV'A4 '� /2f ! nv�IKe�r/ -L 3490 Address: ?D, apK /O S/Sr Sce� d3er�va�^�d,c�I+ 72 -YZj Phone: (?o q) 79v —,1 /o1 State License Number: 7%t92 2 6 Name: 6+1 -V.1 I r ?r1r&WS,3NC. g, 9 ,C, / Address: Mag/ jr,�v{nvr sr. SvN V4Iter, C#9 /as.Z Phone:(8 /8183-/— 1?/99 State License Number: N1/ 92 J If, CJ�C 3,2 Bond Blacktop, Inc. ��a Bidder Authorized Signature/Title Edward Dillon, Vice President 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2003 -2004 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3647 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name Bond Blacktop, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number City of Upland Project Description Citywide Slurry Seal 2002/03 113516 Approximate Construction Dates: From June- %°J To: June 30, 2003 Agency Name City of Upland Contact Person Bob Critchfield Telephone( 909 931 -4246 Original Contract Amount $ Final Contract Amount $ $147,000.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 0 0 No. 2 Project Name /Number Town of Danville Pavement Slurry Seal Project 2002B C -306 Project Description Slurry Seal Approximate Construction Dates: From 205 Agency Name Town of Danville Contact Person Don Stanley October 2003 Telephone (925) 314 -3320 Original Contract Amount $ Final Contract Amount $ 241, 075.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number 2002 Slurry Seal Project Spec. 02 -07 Project Description Slurry Seal Approximate Construction Dates: From MW 20027 To: Mav 2003 Agency Name City of Fillmore Contact Person Thomas G. Scott Telephone (805) 524 -1500 ext. 232 Original Contract Amount $ Final Contract Amount $ 99,793 - 0 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 No. 4 Project Name /Number 2002/2003 Street Improvement #800378 Project Description Slurry Seal Approximate Construction Dates: From To: February 2004 Agency Name City of Chino Hills Contact Person Anne Telephone (909) 364 -2856 Original Contract Amount $ Final Contract Amount $ 1,189,742. 00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. No. 5 Project Name /Number 2002 -03 Slurry Seal Program Spec 3000 Project Description Slurry Seal Approximate Construction Dates: From 00' 2W3 To: November 2003 Agency Name City of Glendale Contact Person Dennis Ambayec Telephone (818) 548 -3945 Original Contract Amount $ Final Contract Amount $ 96,332.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. P 0 No. 6 Project Name /Number FY 2002/2003 slurry seal 1102- 12584830 Project Description slurry seal Approximate Construction Dates: From ffaO. 266 To: Est. March 2004 Agency Name City of Moreno Valley Contact Person Peter Ramey Telephone (909 413 -3134 Original Contract Amount $ Final Contract Amount $ 1,148,068.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractors current financial conditions. Bond Blacktop, Inc. Bidder HO FAUZUA 1, Authorized Signature(Title Edward Dillon, Vice President 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2003 -2004 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3647 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Alameda ) Edward Dillon , being first duly sworn, deposes and says that he or she is Vice President of Bond Blacktop, Inc. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Bond Blacktop, Inc. Bidder SEE ATTACHED NOTARY ACKNOWLEDGMENT Subscribed and sworn to before me this Notary Public My Commission Expires: AAA j OL Authorized Signature/Title Edward Dillon, Vice President 11 day of 2004. [SEAL] 0 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California ss. County of Alameda On 02/25/04 Dare personally appeared - 0 beforeme, Debbie Dillon, Notary Public Name and Title of Officer m,, "Jane Doe, Notary Public') Name(s) of Siguarm) XI personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ITNESS my hand an ff ciat s I. Z Signature W Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: City of Newport Beach Bid Docs Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of humb here ❑ Corporate Officer— Title(s): ❑ Partner —Q Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing 0 1999 Netmral Notary Ammciatbn • 9950 Da Sob Ave.. P.O. 11c +2402 • QIaevecrM, CA 913132402 • w ndtonalnotmh.crg Prod No, S907 Plummer: call Toll-Free 1 600- 8)6652) 0 0 r I roe --.04.04 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2003 -2004 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3647 DESIGNATION OF SURETIES Bidders name Bond Blacktop, Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurancelbond type): Surety: Great American Insurance Co.; 580 Walnut St., Cincinnati OH 95202 (573)369 -5000 Bonding Agent; ABD Insurance Services: 305 Walnut St. , Redwood City, CA 94064; (650) 839 -6034 Contact:Jean Neu Insurance Agent: ABD Insurance, Capitola office (831)477- 7411, Tom Bishop (All insurance) 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2003 -2004 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3647 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Bond Blacktop, Inc. Record Last Five (5) Full Years Current Year of Record I he intormation 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. 13 Current Record Record Record Record Record Yearof for for for for for Record 2003 2002 2001 2000 1999 Total 2004 No. of contracts 20 268 283 295 275 250 1,391 Total dollar Amount of Contracts (in 580,000 7.5 mil. 9 mil. 7 mil. 4.6 mil 5 mil. 33.7 mil Thousands of $ No. of fatalities -0- -0- -0- -0- -0- -0- -0- No. of lost Workday Cases -o- -0- -o- 1 -0- -0- 1 No. of lost workday cases involving permanent transfer to another job or termination of _0- -0- -0- 1 -0- -0- 1 employment I he intormation 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. 13 0 Legal Business Name of Bidder Bond Blacktop, Inc. Business Address: P.O. Box 616, Union City, CA 94587 Business Tel. No.: (510) 441 -9981 State Contractor's License No. and Classification: 746432, Class A Title Vice President The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder 94l�Y.1,C4 Dt� Date 02/25/04 Title Edward Dillon, Vice President Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted 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 notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2003 -2004 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3647 ACKNOWLEDGEMENT OF ADDENDA Bidders name Bond Blacktop, Inc. The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Signature 2 20 04 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2003 -2004 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3647 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: Bond Blacktop, Inc. Business Address: P.O. Box 616 / 1147 Atlantic St. , Union City CA 94587 Telephone and Fax Number: Phone (510) 441 -9981, Fax (510) 441 -9982 California State Contractors License No. and Class: 746432, Class A (REQUIRED AT TIME OF AWARD) Original Date Issued: 2/27/98 Expiration Date: 2/29/04 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: Ed Dillon, Vice President 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 Edward Dillon, Vice President 1147 Atlantic St. Union City CA (510) 441 -9981 Corporation organized under the laws of the State of California IN • 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner /agency? If so, explain. No. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab mpliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes / Are any claims or actions unresolved or outstanding? Yes / No 17 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. Bond Blacktop, Inc. Bidder Edward Dillon (Print name of Owner or President of Corporation/Company) 6j I,��4 �'IN4 '_ Authorized Signature/Title Vice President Title 02/25/04 SEE ATTACHED NOTARY ACKNOWLEDGMENT Date Subscribed and swom to before me this 18 day of [SEAL] 2004. 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Alameda I ss. 0 On 02/25/04 beforeme, Debbie Dillon, Notary Public Data Name and Title of Officer (ag..'Jane Doe. Notary PrIbie) personally appeared Edward Dillon `� r. Namets) of Signeds) I$ personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. NESS my hand an fficial seal. 1 (�, Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: City of Newport Beach Bid Docs Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb hers: ❑ Corporate Officer — Ttle(s): ❑ Partner — I] Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association • 9350 Dc Solo Ave.. P.O. Sox 2402 • Cbanamn6. CA 91313 -2402 • amw.naticnalnotary.org Prod No 5907 Reorder: Call Tall -Free 1 -800 8]6E82) ;;,�:.; �. .'. _'„ Vin: � .,., ..� :; � k' i. ti:t l wj: �-:Y Ml .o`. n CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2003 -2004 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3647 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. 19 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2003 -2004 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3647 CONTRACT THIS AGREEMENT, entered into this day of , 2004, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Bond Blacktop, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 2003 -2004 CITYWIDE SLURRY SEAL PROGRAM The work necessary for the completion of this contract consists of: (1) distributing construction notices to affected businesses and residents, (2) clearing existing pavement surfaces of debris, soils, and other loose materials, (3) removing existing traffic striping, pavement markings, and raised pavement markers, (4) repairing selected portions of failed pavement, (5) placing emulsion aggregate slurry seal, (6) installing new traffic striping, pavement markings, and raised pavement markers, and (7) performing other incidental items of work necessary to complete the work in place. Contract No. 3647 WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3647, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 0 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of THREE HUNDRED FIFTY -SEVEN THOUSAND, NINETY -SEVEN AND 50/100 DOLLARS ($357,097.50). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Frank Tran (949) 644 -3340 CONTRACTOR Bond Blacktop, Inc. P.O. Box 616 Union City, CA 94587 510 - 441 -9981 510 - 441- 9982(Fax) F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 21 0 0 Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto' and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability.. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 0 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 23 0 0 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. Nothing in this article, nor 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 in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 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. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 0 0 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. APPROVED AS TO FORM: CITY A� OR Y 25 CITY OF NEWPORT BEACH A Municipal Corporation BOND BLACKTOP, INC. By: &. A Aut orized Signature and Title TERRORISM COVERAGE RIDER NOTICE - DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM The Terrorism Risk Insurance Act of 2002 establishes a program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an Act of Terrorism. The Act provides that, to be certified, an Act of Terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. To be attached to and form part of Bond No. 4076045 , effective March 8 2004 In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Great American Insurance Company, its affiliates (including, but not limited to Great American Alliance Insurance Company, Great American Insurance Company of New York and Great American Assurance Insurance Company) is the surety. The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the terms of the Act. The federal share equals 90% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. This Coverage Part/Policy covers certain losses caused by terrorism. In accordance with the Federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to the coverage arising from losses for Terrorist Acts Certified under that Act. The portion of your annual premium that is attributable to coverage for Terrorist Acts Certified under the Act is : $:00. .a R/d&l ACK ACORD,N CERTIFICATE OF LIABILITY INSURANCE DATE (MWDD/YYYY) 03104/04 VRODUCeR Commercial Lines Unit ABD Insurance & Financial Services 820 Bay Avenue, Suite 111 Capitols, CA 95010 -2165 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Bond Blacktop, Inc. P.O. Box 616; 1147 Atlantic Street Union City, CA 94587 INSURER A. Maryland Casualty 19356 INSURER B: Fireman's Fund Insurance INSURER C: State Fund CP0399217200 INSURER D: 05/06/04 INSURER E: S1,000,000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR WWI. NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM DD/YY POLICY EXPIRATION ATE fMWDDIYYI LIMITS A GENERAL LIABILITY CP0399217200 05/06/03 05/06/04 EACH OCCURRENCE S1,000,000 TO PREMIES(En ED $300000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $10,000 CLAIMS MADE 51 OCCUR PERSONAL &ADV INJURY S1.000.000 X PD Ded:2.000 X XCU Included GENERAL AGGREGATE s2,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2000000 POLICY F1 PEP LOC A AUTOMOBILE LIABILITY ANY AUTO CP0399217200 05/06103 05/06104 COMBINED SINGLE LIMIT (Ea accitlenQ $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per amidenl) $ HIRED AUTOS NON.OWNEDAUTOS X PROPERTY DAMAGE (Pvamdenl) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG B EXCESSIUMBRELLA LIABILITY XEK85573731 05106103 05106/04 E s2,000,000 1$2.000,000 X OCCUR F] CLAIMS MADE $ $ DEDUCTIBLE WE.L.EACHAGGIDENT $ X RETENTION $ O AND 5711071303 10/01/03 10/01/04 OTH- NT $1000,000 TLIABILITY IETORIPARTNERIEXECUTIVE EMBER EXCLUDED? EMPLOYEE $1,000,000 LCOMPENSATION be under OVISIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS City of Newport Beach, its officers, agents, officials, employees and volunteers per the attached endorsement. Project: "City of Newport Beach, 2003 -2004 CITYWIDE SLURRY SEAL, Contract #3647; Various Locations City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 APnon 14 11nn41nA1 A _s n YO el AaeA n�c1n.11A OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION IF, THE ISSUING INSURER WILL ENJ$R*X)%MQ ML 3D_ DAYS WRITTEN HOLDER NAMED TO THE LEFT, REPRESENTATWE M^Unol APW r10 • POLICYNUMBER: CP0399217200 0 COMMERCIAL GENERAL LIABILITY CG 20 10 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS FORM B This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. City of Newport Beach, its officers, agents, officials, employees and volunteers per the attached endorsement. Project: "City of Newport Beach, 2003 -2004 CITYWIDE SLURRY SEAL, Contract #3647; Various Locations PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. AS RESPECTS SUBROGATION RESPECTS THE ENDORSEMENT. CG 20 10 10 93 LIABILITY, IT IS AGREED THAT ALL RIGHT OF IS HEREBY WAIVED UNDER SUCH INSURANCE POLICY AS ADDITIONAL INSUREDS AS IDENTIFIED IN THIS POLICY NUMBER: CP0399217200 COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Location And Description of Completed Operations: City of Newport Beach, its officers, agents, officials, employees and volunteers per the attached endorsement. Project: "City of Newport Beach, 2003 -2004 CITYWIDE SLURRY SEAL, Contract #3647; Various Locations Additional Premium: 'I (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II - WHO IS INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products- completed operations hazard ". PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. AS RESPECTS LIABILITY, IT IS AGREED THAT ALL RIGHT OF SUBROGATION IS HEREBY WAIVED UNDER SUCH INSURANCE POLICY AS RESPECTS THE ADDITIONAL INSUREDS AS IDENTIFIED IN THIS ENDORSEMENT. CG 20 37 10 01 POLICYNUMBER: CP0399217200 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of "your work' done under a contract with that person or organization. The waiver applies only to the person or or- ganization shown in the Schedule. CG 24 04 11 85 Tffi.S EINAORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modified insurance provided under the following: BUSINESS AUTO COVERAGE FORM City of Newport Beach Public Works Department Name of person oror$arrizatioa 3300'Newport Boulevard Newport Beach, CA 92663 WHO IS AN INSURED (Section 11110MITY COVERAGE- Subsection A.1.) is amended to include as azi insured the person or organization shown in the schedule, but only with respect to liability arbing out of your work for that insured by or for you. Furthermore, the following is added to SECTION IV BUSINESS AUTO CONDITIONS - Subsection B. GENERAL CONDITIONS paragraph S. Other Insurance: 5. Other B suraace d) This insurance is primary for the person or organization shown in the schedule, but only with respect to liability arising out of your work for that insured by or for you. Other insurance afforded to that insured will apply as excess and not contribute as primary to the insurance afforded by this endorsement. All other terms and conditions of this policy remain unchanged. City of Newport Beach, its officers, agents, officials, employees and volunteers per the attached endorsement. Project: "City of Newport Beach, 2003 -2004 CITYWIDE SLURRY SEAL, Contract #3647; Various Locations PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. ACORD 25-S (2001/08) 2 Of 2 #S554881/M520174 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the poll 3 yOperiod indicated. - - This policy is not subject to cancellation by the Fund except upon t=days' advance written notice to the employer. 30 We will also give you —F days advance notice should this policy be cancelled prior to its normal expiration. This certificate otinsurance is not an insurance policy and does not amend, extendor2lter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certlfl'cate of insurance may be. issued or may pertain, the insurance afforded by the policies described herein, is subject to all the terms, exclusions and conditions of such policies. .. .. AUTHORIZED REPRESENTATIVE - ' - PRESIDENT EMPLOYER'S LIABILITY`LIMIT INCLUDING DEFENSE`COSTS: $1;000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFEG'1'IVE 03/22/04 IS ATTACHED TO AND:FORMSTA PART OF THIS POLICY. NAME OF ADDITIONAL INSURED- CITY OF NEWPORT BEACH ENDORSEMENT *2065 ENTITLED CERTIFICATE HOLDERS'NOTICE EFFECTIVE 10/01/03 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. (REV. 9 -071 m ®," ;.r (REV. 9 -071 m ®," 0 0 RECEIVEf "I' WORZ DEPARTMENT rlfl Al CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL(ADDENDUM) 2003 -2004 CITYWIDE SLURRY PROGRAM CONTRACT NO. 3647 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: Page: 3 of 5 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. 3647 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT .,.,PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization • .i1Yi4•.!a( ive �� Dollars ll 2Cpo. Cents SAO Per Lump Sum 2, Lump Sum Traffic Control Dollars and Z o•-c Cents $ /'/ /oo. 00 Per Square Foot 3. 249,000 S.F.. Place Type 1 Slurry Seal @ Dollars and OKl.�eur Cents $ o. a 61 s' $ /bS6 Per Square Foot 0- 0 Page., 4 of 5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 0 5. 7 1,360,000 S.F. Place Type 2 Slurry Seal @ A Dollars p and l iue. f. W-Qusw4w--Cents Mer Square Foot $ D eS' $ 78'2QO ao 490,000 S.F. Place Asphalt Rubberized Slurry Seal, Type 2 @ Dollars and r-k — Cents $ go. IA14' Per Square Poot T' Lump Sum Crack Sealing �z and 2 et-o Cents Per Lump Sum 49,000 S.F. Remove and Reconstruct Asphalt Concrete Pavement $ 7 rf � @ Dollars and Ue. Cents $ S� $ /14 �OS'O,OO er 64wee Foot 8_ Lump Sum Install Traffic Striping and Pavement Markings for Road t •w w yas �r4 A •I n)ipK e� (cd►p''�' 6'� Dollars and Cents $ oo Per Lump Sum 9. Lump Sum Install Traffic Striping and Pavement Markings for Parking Areas and 2 -ry -y Cents $ 7 O0.341'04 Per Lump Sum 0 • Page! 5 of 5 2003 -2004 Citywide Slurry Seal Program, Contract No. 3647 Addendum No. 1 Proposal TOTAL PRICE IN WRITTEN WORDS and 21Za164- Date -5/0- 441 -9999 - 5to- 44t -9992- Bidder's Telephone and Fax Numbers 74-ia 437_ %} Bidder's License No(s). and Classification(s) ��MAE Total Price (Figures) Bidder U.cE P rcs;dFM{ Bidder's Authorized Signature and Title t?.6. -66K 1,In llwin., 945k7 Bidder's Address • Page: 2 of 5 Materials testing shall be performed as directed by the Engineer." 3. Add the following to Section 600 -3.2: Type 2 will be used for Asphalt Rubberized Slurry Seal Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Please Print) Date f..\users\pbMshared \contracts\fy 03-04 \03-04 citywide slurry c- 3647\addendum #1 doc 5 -7 PUBLIC WORKS DEPARTMENT SECTION 6 INDEX FOR 6 -1 SPECIAL PROVISIONS 2003 — 2004 CITYWIDE SLURRY SEAL PROGRAM 6 -7 TIME OF COMPLETION CONTRACT NO. 3647 General INTRODUCTION Working Days PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4.1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 4 4 4 6 -7.4 Working Hours 4 6.9 LIQUIDATED DAMAGES 4 6-11 SEQUENCE OF CONSTRUCTION 5 6 -11.1 Construction Sequencing 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7.8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7- 10.5 "No Parking" Signs 8 7 -10.7 Notice to Residents and Businesses 8 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 11 PART 2--- CONSTRUCTION MATERIALS SECTION 203 BITUMINOUS MATERIALS 11 203 -1 PAVING ASPHALT 11 203 -1.3 Test Reports and Certification 11 203 -5 EMULSION AGGREGATE SLURRY 11 203 -5.1 General 11 203 -5.2 Materials 11 203 -5.3 Composition and Grading 12 SECTION 214 PAVEMENT MARKERS 12 214 -4 NONREFLECTIVE PAVEMENT MARKERS 12 214 -5 REFLECTIVE PAVEMENT MARKERS 12 SECTION 215 STORM DRAIN FILTERS 12 215 -1 GENERAL 12 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 12 300 -1 CLEARING AND GRUBBING 12 300 -1.3 Removal and Disposal of Materials 12 300 -1.3.1 General 12 300 -1.3.2 Requirements 13 300 -1.5 Solid Waste Diversion 13 SECTION 302 ROADWAY SURFACING 13 302 -4 EMULSION AGGREGATE SLURRY 13 302 -4.3 Application 13 302 -4.3.1 General 13 302 -4.3.2 Spreading 13 302 -4.3.4 Application Testing 14 302 -5 ASPHALT CONCRETE PAVEMENT 14 302 -5.1 General 14 302 -5.4 Tack Coat 14 SECTION 310 PAINTING 14 310 -5 PAINTING VARIOUS SURFACES 14 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 14 302 -5.6.6 Preparation of Existing Surfaces 14 310 -5.6.7 Layout, Alignment and Spotting 14 310 -5.6.8 Application of Paint 15 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 15 312 -1 PLACEMENT 15 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 16 • 400 -2 UNTREATED BASE MATERIALS 16 400 -2.1 General 16 400 -2.1.1 Requirements 16 PART 6 SECTION 600 MODIFIED ASPHALTS, PAVEMENT AND PROCESSES 16 600 -3 RUBBERIZED EMULSION —AGGREGATE SLURRY 16 600 -3.1 General 16 600 -3.2 Materials 16 600 -3.2.1 Rubberized Polymer Modified Emulsions 16 600 -3.2.2 Polymer Modifier 16 600 -3.2.3 Crumb Rubber 16 600 -3.2.4 Quality Requirements 16 600 -3.2.5 Aggregate 17 600 -3.2.6 Water 18 600 -3.2.7 Additives 18 600 -3.2.8 Mix Design Submittal 18 600 -3.3 Slurry Mixing and Spreading Equipment 18 600 -3.3.1 Field Mixing and Spreading Equipment Calibration 19 600 -3.4 Application of REAS 19 600 -3.5 Field Sampling 19 600 -3.6 Public Convenience and Traffic Control 19 APPENDIX A PROJECT LOCATION MAPS f: \users \pbw\shued \contracts \fy 03- 04 \03 -04 citywide sluny c- 3647\specs index.doc 20 0 0 SP1OF19 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 2003 — 2004 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3647 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- 5853 -L); (3) the City's (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section: "The work necessary for the completion of this contract consists of: (1) distributing construction notices to affected businesses and residents, (2) clearing existing pavement surfaces of debris, soils, and other loose materials, (3) removing existing traffic striping, pavement markings, and raised pavement markers, (4) repairing selected portions of failed pavement, (5) placing emulsion aggregate slurry seal, (6) installing new traffic striping, pavement markings, and raised pavement markers, and (7) performing other incidental items of work necessary to complete the work in place." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The City will provide construction staking as required to construct the improvements. Any additional stakes or any restaking, or costs thereof, shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed. All existing street and property corner monuments are to be preserved. The Contractor will be back - charged for the cost of restoring any survey monument damaged by the Contractor outside the project limits." • • SP 2 OF 19 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the City will have the affected survey monuments restored per records, at the Contractor's expense. SECTION 3--- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor." SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. 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 0 • SP3OF19 failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. For adjustment of Southern California Edison, The Gas Company, Pacific Bell, cable television, and other utility facilities to the finish grade, the Contractor shall submit to the Engineer a written request specifying facilities to be adjusted. The City will contact each utility company and request the utility company to adjust its facilities per the franchise agreement and asking the utility company to coordinate the adjustments with the City's contractor. The Contractor shall then coordinate with each utility company for the adjustment of these facilities. SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." To avoid "Spring Break" traffic, the projected start date is April 19, 2004. No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his 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. • SP4OF19 The first order of work shall be Balboa Boulevard, then 22 "d and 23rd Streets, and the Newport Pier Parking Lot. Only after those areas are complete shall the Contractor move onto other areas of construction." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 50 consecutive working days after the date on the Notice to Proceed. Of those 50 working days, the first 15 working days are allotted to the work on Balboa Boulevard, the Newport Pier Parking Lot, 22nd Street, and 23rd Street (See Cooperation and Collateral Work Section 7 -7). It shall be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 15', the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4,h and 5'h, the first Monday in September (Labor Day), November 11`h (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24`h, (Christmas Eve — half day), December 25'h and 26'h (Christmas), and December 31 "(New Year's Eve — half day). 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, his 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, he must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these 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 $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500. 0 • SP5OF19 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the_ importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 6 -11 SEQUENCE OF CONSTRUCTION 6 -11.1 Construction Sequencing. Construction on Balboa Boulevard, the Newport Pier Parking Area, 22 "d Street, and 23rd Street (including all striping) will be the first order of work. Because of the continuous need for parking at the Newport Pier Parking Lot, only 1/2 of one aisle of parking shall be slurried at a time. This means that the lot shall be slurried in 4 segments. When one segment is complete and temporarily striped, the next segment can then be started. The phasing shall be approved by the City prior to the start of work. SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "Several Contractors will be doing work in Newport Beach during this contract. One Contractor (to be determined) will be reconstructing Newport Boulevard between 26th Street and 301h Street, a second (to be determined) will be replacing water valves within Balboa Boulevard, and a third (GCI Construction) will be reconstructing a Sewer Force Main on Milford Drive. It is the Contractor's responsibility to coordinate traffic control with the Newport Boulevard reconstruction contractor. Construction for the other two contractors is set to be completed prior to April 16th. The City will provide the Contractor with the schedule of lane closures of Newport Boulevard. The Contractor shall adhere to not closing any lanes between 22 "d and 32nd Streets during Newport Boulevard lane closures." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." n SP 6 OF 19 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. All 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), 2001 Edition. The Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. The traffic control and detour plans must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection 0 SP 7 OF 19 arrangements by contacting the city's Refuse Superintendent, Mr. William Russo, at (949) 718 -3468 and all property owners." 5. When construction is taking place on Balboa Boulevard the contractor shall maintain one travel open in each direction at all times. All travel lanes shall be opened during non - working hours. 6. When slurry sealing Balboa Boulevard from 46th Street to 32nd Street, it is prohibited to close consecutive one -way streets that flow in the same direction at any given time. For example, 44th Street and 42nd Street both flow from Seashore Drive, north, to Balboa Boulevard. These streets may not be closed simultaneously. Additionally, a 'Road Closed to Thru Traffic" sign must be placed at the entry point to any street that has an outlet closed on Balboa Boulevard. 7. When slurry sealing Balboa Boulevard center lanes /medians from Coast Highway to 32nd Street, at minimum, the left -tum access at 32nd Street, 38th Street, and 46th Street shall remain open at the same time. When 32nd Street, 38th Street, and 46th Street left -turn access is closed, all others shall be open unless otherwise approved by the City Traffic Engineer. 8. When left -turn access to southbound 46th Street is closed, the contractor shall provide a detour plan to guide westbound Balboa Boulevard motorists to access Seashore Drive via River Avenue to 48th Street to Neptune Avenue to 46th Street to Seashore Drive. 9. When closing alley access to Balboa Boulevard, a "Closed to Thru Traffic' sign shall be placed at all opposite entrances to the alley. 10. When slurry sealing Balboa Boulevard from 32n1 to 22nd Street the following conditions must be maintained. • All slurry sealing must be completed in five working days. • The Cross streets support two way traffic. Full access at every third intersection must be maintained. • There is going to be another Contractor working on Newport Boulevard. The Contractor shall not close any travel lanes on Balboa Boulevard south of 32nd Street when southbound travel lanes are closed on Newport Boulevard. 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with • SP8OF19 all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's. safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractors responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs 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 letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents and Businesses. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES At the time of the award and until completion of the work, the Contractor shall possess a General Engineering Contractor "A" License or a Specialty Earthwork and Paving Contractor "C -12" License. From the start of work and until the completion of work, the Contractor (and any Subcontractors) shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDSMS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the 0 • SP9OF19 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 submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built' corrections upon a copy of the Plans. The "As- Built' plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: 'The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work 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 providing bonds, insurance and financing, preparation of the SWPPP, preparation of the construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include the delivery of all required notifications and temporary parking permits, posting of signs and all costs incurred in notifying residents and businesses. In addition this item shall include providing the traffic control required by the project including, but not limited to, preparation of traffic control plans prepared and signed by a California licensed traffic engineer, signs, cones, barricades, flashing arrow sign, temporary striping, flagpersons, and shall include furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, 2001 edition, and City of Newport Beach Requirements. Item No. 3 Place 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 prepare the roadway surface, remove existing traffic striping, and pavement markings, protect raised pavement markers, place application test, provide slurry test report, place slurry, and all other work items as required to complete the work in place. • • SP 10 OF 19 Due to structural concerns for the walkways in the Castaways Park all Slurry Trucks shall carry no greater than half of their full capacity when driving on those areas. Item No. 4 Place Type II Slurry Seal: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to prepare the roadway surface, remove existing traffic striping and pavement markings, protect raised pavement markers, place application test, provide slurry test report, place Type II slurry, and all other work items as required to complete the work in place. Item No. 5 Place Asphalt Rubberized Slurry Seal: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to prepare the roadway surface, remove existing traffic striping and pavement markings, protect raised pavement markers, place application test, provide slurry test report, place Asphalt Rubberized Slurry, and all other work items as required to complete the work in place. Item No. 6 Crack Seal: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to pavement clearing and cleaning, routing out the cracks, applying a soil sterility /weed killer solution, crack sealing the existing roadway with a hot - applied crack sealant and all other work items as required to seal all cracks within the project limits greater than 3/8 ". Item No. 7 Remove Asphalt Concrete Pavement and Construct 3" AC over 4" CMB Pavement: Work under this item shall include all labor, materials, tools, equipment, and incidentals for, but not limited to sawcutting, pavement and base /subgrade excavation and disposal, subgrade compaction, crushed miscellaneous base placement and compaction, tack coat, asphalt concrete placement and compaction and all other work items as required to complete the work in place. Construction areas shall be located and marked in the field by the City. Larkspur Avenue (Cost Highway to Fifth Avenue), Marigold Avenue (Fourth Avenue to Fifth Avenue), Orchid Avenue (Third Avenue to Fifth Avenue), and Poinsettia Avenue (Coast Highway to Fourth Avenue) shall have the outer four feet on both edges of the roadway removed and replaced as shown on sheet 8 of the plans. Some pavement areas in Corona Del Mar have Macadam Pavement under the Asphalt. Removal of the macadam shall be included in this item. Item No. 8 Install Traffic Striping and Pavement Markings for all Roadways: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for removal of existing striping, installing traffic striping and pavement markings, and protecting raised pavement markers. Striping on residential streets shall match existing conditions, and be sprayable thermoplastic. New raised pavement markers must be placed if the existing raised pavement markers are missing or damaged. Item No. 9 Install Traffic Striping and Pavement Markings for all Parking Areas: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for removal of existing striping, installing traffic striping and • • SP 11 OF 19 pavement markings, and protecting raised pavement markers. New raised pavement markers must be placed if the existing raised pavement markers are missing or damaged. Parking area striping shall be replaced to match the existing striping. Striping shall be sprayable thermoplastic for the Newport Pier Parking Area. All other parking areas shall be Duraline 2000. For parking areas at 30'" Street, Newport Pier, Bob Henry, and Palm Street, striping plans shall be prepared by the contractor and submitted to the City for approval. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 203 - -- BITUMINOUS MATERIALS 203 -1 PAVING ASPHALT 203 -1.3 Test Reports and Certification. Replace this section with the following, "At least five (5) working days prior to the start of slurry application, the contractor shall deliver to the Engineer sufficient samples of the latex -added emulsified asphalt and the aggregates proposed to be used on this project to the City designated testing laboratory for mix evaluation." SECTION 203 -5 EMULSION - AGGREGATE SLURRY 203 -5.1 General. Add to this section the following, "The emulsion shall meet the requirements of CQS -P, consisting of refined asphalt cement modified with Styrene /Butadiene /Styrene (SBS) or Ethylene/Vinylacetate (EVA) synthetic rubber and dispersed in water to produce a cationic type quick- setting asphalt emulsion." 203 -5.2 Materials. Replace 1) with the following: "Emulsified Asphalt shall be of a quick set type. It shall be cationic unless otherwise specified and shall conform to the requirements of CQS -1 h of 203 -1.3 (Test Reports and Certification), 203 -3.2, and to the following specifications when tested according to appropriate ASTM Methods: Minimum Maximum Furol Viscosity at 77degrees F sec. 15 50 Sieve Test 0.10 Residue from distillation. % 60 80 Penetration of Residue at 77 degrees F 40 75 Particle Charge Test Positive Replace in 5), Sand Equivalent in Table 203 -5.2 (B) from a value of 55 to a value of 45." 0 SP 12 OF 19 203 -5.3 Composition and Grading. Replace Residual Asphalt percentage of Dry Aggregate Weight from a value of 7.5 minimum to 8.5 minimum. SECTION 214 - -- PAVEMENT MARKERS 214 -4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." SECTION 215 -- -STORM DRAIN FILTERS 215 -1 GENERAL Filters shall be installed across inlets for all new catch basins that drain into new storm drain systems as shown on the plans. Insert widths shall match the curb opening widths of catch basins. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section: 'The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. 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. Approximate area of removal and replacement is 50,000 square feet." 0 300 -1.3.2 Requirements 0 SP 13 OF 19 (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words 1 '/2 inch" of the last sentence with the words "two (2) inches." 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 - -- ROADWAY SURFACING 302 -4 EMULSION - AGGREGATE SLURRY 302 -4.3 Application 302 -4.3.1 General. Add to this section with, "Type I slurry shall be applied on all parking lots at the rate of 9.5 pounds per square yard. Type II slurry shall be applied on all streets at the rate of 13 pounds per square yard. At all intersections where the intersecting street does not receive a slurry seal, slurry seal application shall end along a projection of the edge of gutter (or curb face if no gutter exists) of the intersecting street unless otherwise directed by the Engineer. Each slurry crew shall be composed at a minimum of: • A coordinator (at the project site at all times) • A competent quick -set mixing person • A competent driver • Two squeegee people • And sufficient laborers for any handwork and cleanup" 302 -4.3.2 Spreading. Replace the second sentence of the first paragraph with, 'The maximum speed of the slurry machine shall not exceed 45 meters per minute (150 feet per minute)" Replace the first sentence of the second paragraph with, "The application of slurry shall not commence until after 8:00 a.m., and the slurry 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 6 • SP 14 OF 19 cured by 3:00 p.m., the Contractor shall replace all of the damaged work at his own expense and no additional compensation shall be made by the City to the Contractor." Replace the first sentence of the third paragraph with, "Prior to the slurry application, the Contractor shall clean all work surfaces and remove all loose materials, vegetation, oil, and other foreign material. Additionally, all weeded locations shall be treated by an approved weed - killer before any slurry shall be applied." 302 -4.3.4 Application Testing. Add this section to read, "Upon the Engineer's direction, the Contractor shall slurry seal test sections within the construction limits for each batch of slurry mix. The Contractor shall apply the slurry test sections as directed by the Engineer. No slurry shall be applied until the test slurry sections have been approved the Engineer. The costs of these slurry tests shall be included in the contract price paid for slurry seal and no additional compensation shall be made by the City to the Contractor." 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: 'The asphalt concrete (A.C.) used shall be III -C3 -AR -4000. All cracks Y4-inch or greater in width shall be cleaned and sealed with a hot - applied crack sealant approved by the Engineer. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: 'Prior to placing the asphalt concrete patches, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: 'The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: 'The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing 0 • SP 15 OF 19 striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 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. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry:' • • SP 16 OF 19 PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS- 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials." PART 6 SECTION 600 - -- MODIFIED ASPHALTS, PAVEMENT AND PROCESSES 600 -3 RUBBERIZED EMULSION —AGGREGATE SLURRY 600 -3.1 General. This work shall consist of formulating a mix design, cleaning pavement surfaces, mixing and applying a crumb rubber asphalt slurry-seal surface treatment, and protecting the completed slurry seal until set. All work shall be in accordance with this specification, the dimensions, and details shown on the plans, and as approved by the Engineer. 600 -3.2 Materials. Rubberized Emulsion — Aggregate Slurry (REAS) shall consist of Rubberized Polymer Modified Emulsion (RPME) and aggregate. Materials for REAS shall conform to the following, immediately prior to mixing. 600 -3.2.1 Rubberized Polymer Modified Emulsions. The RPME shall be a slow -set or a quick -set type of emulsion as determined by the Engineer. RPME shall contain asphalt, crumb rubber, and polymer modifiers. 600 -3.2.2 Polymer Modifier. Polymer modifier shall be latex which is added at a minimum of 2 percent by weight of RPME. 600 -3.2.3 Crumb Rubber. The material shall be granulated scrap tire rubber free from fabric, wires, and other contaminants. Rubber shall be dry and free flowing. Calcium carbonate or talc may be added to a maximum of 4 percent by a weight of rubber to prevent rubber particles from sticking together. The rubber shall have a specific gravity between 1.15 and 1.20. One hundred percent of the rubberized material shall pass a 1.18 mm (No. 160) sieve, 95 percent shall pass a 900 µm (No. 20) sieve, and a maximum of 2 percent shall pass a 75 pm (No. 200) sieve. The RPME shall contain between 66 g/L (0.55 Ibs /gal) and 78g /L (0.65 Ibs /gal) of crumb rubber. 600 -3.2.4 Quality Requirements. Manufactures shall certify that materials meet the following requirements: SP 17 OF 19 TABLE 600 -3.2.4 (A) TESTS ON RUBBERIZED POLYMER MODIFIED EMULSION Viscosity 25 degrees C (77 degrees F), Brookfield, Model RVT #6 2,500 min. Spindle Q 10 RPM Centi oise 20,000 max. Residue by Evaporation % ASTM D2444 50 min. Sieve Test % retained on No. 20 screen ASTM D2444 2.0 max. Weight per Liter (Gallons) 1.0 kg /L (8.33 Ibs /gal) min. 1.05 k !L 8.75 lbs! al max. Penetration of Residue, 25 degrees C (77 degrees F), 100 g. 5 sec. Liter of RPME ASTM D5 20 min. - 40 max. Percent Residue Soluble in Trichloroeth lene ASTM D2042 1 750 min. Sieve test of original emulsion is 0.10 max. TABLE 600 -3.2.4 (B) TESTS ON POLYMER MODIFIER Total Solids residue ASTM D1417 I 60 %min. TABLE 600 -3.2.4 (C) COMPOSITION OF REAS 600 -3.2.5 Aggregate. The aggregate shall consist of sound and durable natural or manufactured sand, crushed stone, or crushed stone or rock dust, or a combination thereof free of deleterious amounts of organic material, mica, and other substances not suitable for the purpose. Smooth textured sand of less than 1.25 percent water absorption, as tested by ASTM C128, shall not exceed 50 percent of the total combined aggregate. Aggregate retained on the 300 µm sieve (No. 50) shall be 100 percent crushed. The combined aggregate shall meet the requirements of Table 203- 5.2(B) prior to any chemical additions. The combined aggregate shall conform to the gradation shown in Table 600 - 3.2.5(A) when tested in accordance with ASTM C136. RPME % of Dry Residual RPME % kg of Dry Pounds of Dry Aggregate Type Aggregate of Dry Aggregate Aggregate per Aggregates per Weight Weight Liter of RPME Gallon of RPME Fine Slur 60-80 30-40 1.27-1.70 10.6-14.2 Type I Slurry Aggregate 50-75 25 - 38 1.35-2.00 11.3-17.0 Type II Slurry JAggregate 28-35 14-18 2.90-3.60 24-30 600 -3.2.5 Aggregate. The aggregate shall consist of sound and durable natural or manufactured sand, crushed stone, or crushed stone or rock dust, or a combination thereof free of deleterious amounts of organic material, mica, and other substances not suitable for the purpose. Smooth textured sand of less than 1.25 percent water absorption, as tested by ASTM C128, shall not exceed 50 percent of the total combined aggregate. Aggregate retained on the 300 µm sieve (No. 50) shall be 100 percent crushed. The combined aggregate shall meet the requirements of Table 203- 5.2(B) prior to any chemical additions. The combined aggregate shall conform to the gradation shown in Table 600 - 3.2.5(A) when tested in accordance with ASTM C136. TABLE 600 -3.2.5 (A) GRADATION OF AGGREGATES • SP 18 OF 19 Sieve Size % By Weight Passing Sieves Fine Slurry Aggregate Type I Slurry Aggregate Type II Slurry Aggregate 3/4" 100 100 100 No. 4 100 100 90-100 No. 8 95-100 90-100 65-90 No. 16 75-92 65-90 45-70 No. 30 50-75 1 40-60 1 30-50 No. 50 35-50 25-42 18-36 No. 100 15 -30 15 -30 10 -24 No. 200 10 -20 10 -20 5 -15 600 -3.2.6 Water. All water used in making the slurry shall be potable and free from harmful soluble salts. 600 -3.2.7 Additives. Additives up to 1.5 percent of the dry aggregate weight, as approved in the mix design, may be used in the slurry to modify viscosity, setting, and curing characteristics. Field adjustments to additives may be made only if approved by the Engineer. 600 -3.2.8 Mix Design Submittal. Mix designs and calibration shall be per 203 -5.4 and the following. Mix design results shall include any proposed additives. The complete slurry shall have a minimum skid resistance of 40 when tested per California Test No. 342. The Standard Wet Track Abrasion Test (WTAT) template may be modified to a thickness of 3.18 mm (0.125 in.), when using slow -set emulsion. The mix design shall include the weight per liter (weight per gallon) of REAS. 600 -3.3 Slurry Mixing and Spreading Equipment. The REAS shall be mixed either by a continuous flow mixer per 302 -4.2.2 or a central mixing plant. A central mixing plant shall not be used for quick set REAS. If a central mixing plant is used, combining of the RPME and aggregate in the mixing tank shall be in the presence of the Engineer. The tank shall be calibrated in liters and gallons and equipped with load cells and a full sweep agitator capable of producing a homogeneous slurry mix. All storage tanks and delivery vehicles shall be equipped with an agitator. The REAS shall be delivered to the slurry site and spread directly behind the truck with mechanical -type squeegee distributors. All spreading equipment shall contain fog /water systems per 302 - 4.3.2. The mixing tank shall not be used to batch more than one job at a time. Storage tanks for RPME and REAS shall not be used to supply more than one job at a time. The weight per liter (weight per gallon) of REAS delivered to the spreader box shall be within 0.11 kg /L (0.92 Ibs /gal) of the mix design. • • SP 19 OF 19 600 -3.3.1 Field Mixing and Spreading Equipment Calibration. Calibration shall conform with 203 -5.4 and the following. Calibration shall be per International Slurry Surfacing Association (ISSA). If the tests do not meet specification requirements, additional tests shall be performed at the Contractor's expense until an acceptable mix is obtained. 600 -3.4 Application of REAS. The application of the REAS shall conform to 302- 4.3.2, except for the following conditions, and RPME application rates specified in Table 600 -3.4 (A). REAS shall not be applied when the atmospheric temperature is less than 10 degrees C (50 degrees F) or when the atmospheric temperature at 7 a.m. is 24 degrees C (75 degrees F) or over, and rising to a forecast high of 39 degrees C (100 degrees F). The total time of the mixing in the slurry machine shall not exceed 5 minutes. TABLE 600 -3.4 (A) RPME APPLICATION RATES AGGREGATE TYPE Application Rate sm /liter of RPME Application Rate sf/gallon) of RPME Fine Slurry Aggregate 0.86 - 0.98 35-40 Type I Slurry Aggregate 0.74 - 0.86 30-35 Type I I Slurry Aggregate 0.59 - 0.78 24-32 600 -3.5 Field Sampling. Field Sampling shall conform to 302 -4.3.3 600 -3.6 Public Convenience and Traffic Control. Public convenience and traffic control shall conform to 302- 4.3.3. FAUSERS \PBMShared \Contracts \FY 03- 04 \03 -04 CITYWIDE SLURRY C- 364ASPECS C- 3647.doc 0 APPENDIX A 0 PROJECT LOCATION MAPS Ak Ak � [ / / ✓ / Cab /y �y ? //e y. /.. � , �'✓ C _ /: / Ql.a,,/ Y J l l � � ,✓ � ri \ v \ x r �v X s t. . 11T -ST, . ytv � , S A SEE 5 � .. NEWPORT PIER q PARKING LOT (SEE SHEET 4).., Y} ti t LOCATIONS: ti • BALBOA BLVD. - FROM COAST HIGHWAY TO 22ND STREET. • 28TH ST. - FROM BALBOA BLVD. TO NEWPORT BLVD. �Oggggt • 26TH ST. - FROM BALBOA BLVD. TO NEWPORT BLVD.9 �yt.at • 23RD ST. - FROM BALBOA BLVD. TO NEWPORT PIER PARKING LOT. vo'�t� • 22ND ST. - FROM BALBOA BLVD. TO NEWPORT PIER PARKING LOT. �y � No. 48214 Exp. 12 -31 -08 LIMITS OF ASPHALT RUBBERIZED SLURRY SEAL sT,ylg' OF CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT /-�- 02/05 04 P INCIPAL L ENGINEER DATE R.C.E 46214 FISCAL YEAR 2003 -2004 CITYWIDE SLURRY SEAL PROGAM DATE 02/05/041 SCALE N.T.S SHT 2 OF s DRAWN FTT C -3647 I R- 5853 -L LOCATION- + PALM ST. PARKING LOT (E. BALBOA BLVD./PALM ST.) IM LIMITS OF SLURRY SEAL, TYPE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FISCAL YEAR 2003-2004 CITYWIDE SLURRY SEAL PROGAM No. 46214 Exp, 12-31-00 APPROVED J- - - 02/05/04 PjINCIPAL'-Gf<AL ENGINEER DATE R.C.E 46214 DATE 02/05Z04 I SCALE -- N.T.S ISHT 7 OF 9 DRAWN FTT C -3647 R- 5853 -L i P P J / v Q9 4Y ji , WIDTH VARIES TYPICAL SECTION LIMITS OF 4' PAVEMENT REMOVAL ALONG THE GUTTER AND REPLACE WITH "A /4" MB (PROVIDED 3/8" LIP) N.T.S. • LARKSPUR AVE. - FROM FIFTH AVE. TO E. COAST HWY. • MARIGOLD AVE. - FROM FIFTH AVE. TO FOURTH AVE. • ORCHID AVE. - FROM FIFTH AVE. TO THIRD AVE. • POINSETTIA AVE. - FROM FOURTH AVE. TO E. COAST HWY. • ISOLATED DIGOUTS ALSO IN OTHER AREAS f r, n n F frtim tiN]{rtUVe AVt. YWLAIC eUH AVE / '+,F,IFTH,AVE 7�' MARISi6Q.T.'AVE TO FQISPY A IE. ` ' ' . V � V' ✓" ` \ j � � � <. • FOURTJI AVE; ;FAiOM`dR�S. ^qbE T, LkR KSPUR Ai'E-" .., • ]'�� / ,,. ✓ ,^ �/� .., • An FOURTH AVE. - FROM MARGUERITE AVE. TO POPPY AVE. �� l °" • THIRD AVE. - FROM HELIOTROPE AVE. TO JASMINE AVE. --ii • THIRD AVE. - FROM MARGUERITE AVE. TO POPPY AVE. • SECOND AVE. - FROM JASMINE AVE. TO HAZEL DR. • DAHLIA AVE. - FROM FIFTH AVE. TO COAST HWY. E. n12t- + GOLDENROD AVE. - FROM FOURTH AVE. TO COAST HWY. E. + IRIS AVE. - FROM FIFTH AVE. TO COAST HWY. E. + LARKSPUR AVE. - FROM FIFTH AVE. TO COAST HWY. E. + MARIGOLD AVE. - FROM FIFTH AVE. TO FOURTH AVE. + NARCISSUS AVE. - FROM FIFTH AVE. TO COAST HWY. E. + ORCHID AVE. - FROM FIFTH AVE. TO COAST HWY. E. + POINSETTIA AVE. -FROM FOURTH AVE. TO COAST HWY. E. LIMITS OF SLURRY SEAL, TYPE II - LIMITS OF 4 -FT PAVEMENT REMOVAL T CAL CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT - 02/05/04 P INCIPAL L ENGINEER DATE FISCAL YEAR 2003 -2004 R.C.E 46214 CITYWIDE SLURRY SEAL PROGAM DATE 02/05/04 SCALE N.T.S I SHT 8 OF s DRAWN FTT I C -3647 I R- 5853 -L �y WIDTH VARIES TYPICAL SECTION LIMITS OF 4' PAVEMENT REMOVAL ALONG THE GUTTER AND REPLACE WITH "A /4" MB (PROVIDED 3/8" LIP) N.T.S. • LARKSPUR AVE. - FROM FIFTH AVE. TO E. COAST HWY. • MARIGOLD AVE. - FROM FIFTH AVE. TO FOURTH AVE. • ORCHID AVE. - FROM FIFTH AVE. TO THIRD AVE. • POINSETTIA AVE. - FROM FOURTH AVE. TO E. COAST HWY. • ISOLATED DIGOUTS ALSO IN OTHER AREAS f r, n n F frtim tiN]{rtUVe AVt. YWLAIC eUH AVE / '+,F,IFTH,AVE 7�' MARISi6Q.T.'AVE TO FQISPY A IE. ` ' ' . V � V' ✓" ` \ j � � � <. • FOURTJI AVE; ;FAiOM`dR�S. ^qbE T, LkR KSPUR Ai'E-" .., • ]'�� / ,,. ✓ ,^ �/� .., • An FOURTH AVE. - FROM MARGUERITE AVE. TO POPPY AVE. �� l °" • THIRD AVE. - FROM HELIOTROPE AVE. TO JASMINE AVE. --ii • THIRD AVE. - FROM MARGUERITE AVE. TO POPPY AVE. • SECOND AVE. - FROM JASMINE AVE. TO HAZEL DR. • DAHLIA AVE. - FROM FIFTH AVE. TO COAST HWY. E. n12t- + GOLDENROD AVE. - FROM FOURTH AVE. TO COAST HWY. E. + IRIS AVE. - FROM FIFTH AVE. TO COAST HWY. E. + LARKSPUR AVE. - FROM FIFTH AVE. TO COAST HWY. E. + MARIGOLD AVE. - FROM FIFTH AVE. TO FOURTH AVE. + NARCISSUS AVE. - FROM FIFTH AVE. TO COAST HWY. E. + ORCHID AVE. - FROM FIFTH AVE. TO COAST HWY. E. + POINSETTIA AVE. -FROM FOURTH AVE. TO COAST HWY. E. LIMITS OF SLURRY SEAL, TYPE II - LIMITS OF 4 -FT PAVEMENT REMOVAL T CAL CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT - 02/05/04 P INCIPAL L ENGINEER DATE FISCAL YEAR 2003 -2004 R.C.E 46214 CITYWIDE SLURRY SEAL PROGAM DATE 02/05/04 SCALE N.T.S I SHT 8 OF s DRAWN FTT I C -3647 I R- 5853 -L Rp , LOCATIONS: • BRIGHTON RO. - FROM CAMEO SHORES RD. TO MILFORD DR. • CAMDEN DR. - FROM CAMEO SHORES RD. TO MILFORD DR. • PERHAM RD. - FROM CAMEO SHORES RD. TO MILFORD DR. • GORHAM DR. - FROM CAMEO SHORES RD. TO MILFORD DR. • TREMONT I.N. - FROM CAMEO SHORES RD. TO MILFORD DR. • ORRINGTON RO. - FROM CAMEO SHORES RD. TO MILFORD DR. • FAIRFIELD DR. - FROM CAMEO SHORES RD. TO MILFORD DR. • ROXBURY RD. - FROM CAMEO SHORES RD. TO MILFORD DR. • MILFORD DR. - FROM HAMPDEN RD. TO BRIGHTON RD. • HAMPDEN RD. - FROM EAST ENO TO MILFORD OR. • CAMEO SHORES RD. - FROM COAST HWY E. TO BRIGHTON RD. • CORTLAND DR. - FROM CAMEO HIGHLANDS DR. TO GARRET DR. • CORTLAND DR. - FROM ROCKFORD PL. TO CAMEO HIGHLANDS OR. • WAYNE RD. - FROM ROCKFORD RD. TO CAMEO HIGHLANDS DR. • DORCHESTER RD. - FROM CAMEO HIGHLANDS DR. TO GARRET DR. • DORCHESTER RD. - FROM ROCKFORD RD. TO CAMEO HIGHLANDS DR. • SURREY DR. - FROM ROCKFORD RD. TO CAMEO HIGHLANDS DR, • SURREY DR. - FROM CAMEO HIGHLANDS DR. TO GARRET DR. • ROCKFORD RD. - FROM SURREY DR. TO CORTLAND DR. • CAMEO HIGHLANDS DR. - FROM GARRET DR. TO COAST HWY. E. • GARRET DR. - CAMEO HIGHLANDS DR. TO CORTLAND DR. ME LIMITS OF SLURRY SEAL, TYPE II CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FISCAL YEAR 2003 -2004 APPROVED ' n /`� —` -�O — 02/05/04 P INCIPAL L ENGINEER DATE R.C.E 46214 CITYWIDE SLURRY SEAL PROGAM DATE 02/05/04 SCALE N.T.S SHT 9 OF 9 DRAWN FTT I C -3647 R- 5853 -L i Rp , LOCATIONS: • BRIGHTON RO. - FROM CAMEO SHORES RD. TO MILFORD DR. • CAMDEN DR. - FROM CAMEO SHORES RD. TO MILFORD DR. • PERHAM RD. - FROM CAMEO SHORES RD. TO MILFORD DR. • GORHAM DR. - FROM CAMEO SHORES RD. TO MILFORD DR. • TREMONT I.N. - FROM CAMEO SHORES RD. TO MILFORD DR. • ORRINGTON RO. - FROM CAMEO SHORES RD. TO MILFORD DR. • FAIRFIELD DR. - FROM CAMEO SHORES RD. TO MILFORD DR. • ROXBURY RD. - FROM CAMEO SHORES RD. TO MILFORD DR. • MILFORD DR. - FROM HAMPDEN RD. TO BRIGHTON RD. • HAMPDEN RD. - FROM EAST ENO TO MILFORD OR. • CAMEO SHORES RD. - FROM COAST HWY E. TO BRIGHTON RD. • CORTLAND DR. - FROM CAMEO HIGHLANDS DR. TO GARRET DR. • CORTLAND DR. - FROM ROCKFORD PL. TO CAMEO HIGHLANDS OR. • WAYNE RD. - FROM ROCKFORD RD. TO CAMEO HIGHLANDS DR. • DORCHESTER RD. - FROM CAMEO HIGHLANDS DR. TO GARRET DR. • DORCHESTER RD. - FROM ROCKFORD RD. TO CAMEO HIGHLANDS DR. • SURREY DR. - FROM ROCKFORD RD. TO CAMEO HIGHLANDS DR, • SURREY DR. - FROM CAMEO HIGHLANDS DR. TO GARRET DR. • ROCKFORD RD. - FROM SURREY DR. TO CORTLAND DR. • CAMEO HIGHLANDS DR. - FROM GARRET DR. TO COAST HWY. E. • GARRET DR. - CAMEO HIGHLANDS DR. TO CORTLAND DR. ME LIMITS OF SLURRY SEAL, TYPE II CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FISCAL YEAR 2003 -2004 APPROVED ' n /`� —` -�O — 02/05/04 P INCIPAL L ENGINEER DATE R.C.E 46214 CITYWIDE SLURRY SEAL PROGAM DATE 02/05/04 SCALE N.T.S SHT 9 OF 9 DRAWN FTT I C -3647 R- 5853 -L CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT C300' -aL C_ 34`x`7 Agenda Item No. 8 March 9, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department Frank Tran, P.E. 949 -644 -3311 ftran@city.newport-beach.ca.us ,MAR 0 9 2004 SUBJECT: CITYWIDE SLURRY SEAL PROGRAM FY2003 -2004 - AWARD OF CONTRACT NO. 3647 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3647 to Bond Blacktop, Inc. for the Total Bid Price of $357,097.50, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $35,000 to cover the cost of unforeseen work. 4. Approve Geotechnical work in the amount of $3,500. DISCUSSION: At 2:00 P.M. on February 25, 2004 the City Clerk opened and read the following bids for this project: BIDDER Low Bond Blacktop, Inc. 2 Pavement Coatings 3 American Asphalt South, Inc. 4 Sudhakar Company Int, 5 Roy Allen Slurry Seal 6 California Pavement Maintenance 7 Doug Martin Contracting Company TOTAL BID AMOUNT $357,097.50 $426,791.75 $440,912.50 $482,635.00 $484,728.00 $516,348.00 $742,800.00 The low total bid amount is 30 percent below the Engineers Estimate of $516,000. The low bidder, Bond Blacktop, Inc., possesses a General "A" Contractors' License in the state Subject: Citywide Slurry Seal Program FY 2003 -2004 — Award of Contract NIR467 March 9, 2004 Page: 2 of California as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities. This project provides for slurry sealing selected areas at various locations throughout the city. There will be a rubberized slung seal placed on Balboa Boulevard between 22nd Street and Coast Highway. Conventional slurry will be applied to streets within the Cameo Shores, Cameo Highlands, Corona Del Mar, and several City owned parking areas (the Newport Pier parking lot, Castaways Park, Bob Henry parking lot, 30thNilla Way, and Palm Street). Per the Contract Specifications the Contractor will have 50 consecutive working days to complete the work. In addition, the work on Balboa Boulevard and Newport Pier will be done before Memorial Day. Environmental Review: The project was determined to be exempt from the Califomia Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities, involving negligible expansion of the facilities in areas that are not environmentally sensitive. This project involves removing and replacing selected failed areas of pavement and placing a slurry seal to protect the roadway surface. Funding Availability: There are sufficient funds available in the following accounts for the project: Account Description Gas Tax Street & Parking Lots Prepared by: Frank Tran, P.E. Junior Civil Engineer Attachments: Project Location Map Bid Summary ry wN�J\=ftd "ar&.cloc Account Number 7181- C5100462 7013- C5100019 Total Submitted by; Amount $351,000 44,597.50 $395,597.50 Badum s Director J is • Q Mw W 0 a W Z LL 0 Z NW 1.1. IL W 0 U) Y It L) MJ W IL O c M 0 a7 E ui .Q O � N W 2 ~ tUil U O ❑ 09 Y Y U L6 U N U OF Fp U Q 0 CD } Q1 O N O N ll! F�- O � W tT ~ v+ c H � N LL W W H Q W Z V) F- W U W W Z_' 5 O Z w wa A& ti °00 °Oo Ss�o S U S Z O O r O O S S A A o C N O O m S O m m 0 N H C) V o N N P N m E < a co N Cg O Wa r S O p N� � N S N S O ooti 1Lq 000 oo 00 = oo. 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