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HomeMy WebLinkAboutC-4270 - Citywide Slurry SealOFFICE OF THE CITY CLERK Leilani 1. Brown, MMC September 28, 2011 Mr. Jeff Petty American Asphalt Repair 14436 Santa Ana Avenue Fontana, CA 92337 Subject: Citywide Slurry Seal Program (C -4270) Dear Mr. Petty: On September 28, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on October 8, 2010. Reference No. 2010000509838. The Surety for the contract is Guarantee Company of North America and the bond number is 12065915. Enclosed is the Faithful Performance Bond. Sincerely, 4m� - Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 - www.city.newport- beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009.2010 CITYWIDE SLURRY SEAL CONTRACT NO. 4270 BOND NO. 12065915 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,353.00 being at the rate of $ 7.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to American Asphalt South, Inc., hereinafter designated as the "Principal ", a contract for construction of 2009 -2010 CITYWIDE SLURRY SEAL, Contract No. 4270 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. 4270 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and The Guarantee Company of North America USA , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Seventy -Nine Thousand and 001100 Dollars ($479,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 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 16th day of March 2010, l / .ice American Asphalt South, Inc. (Principal) Authorized Signature The Guarantee Company of North_ America USA Name of Surety Author d Agent Signature 1800 Sutter Street, Suite 880, Concord, CA Address of Surety 94520 (866) 364 -6378 Telephone Elizabeth Teats, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF C®NT TACT ®R AND SURETY MUST BE ATTACHED 29 IP P OFFICE OF THE CITY CLERK Leilani I. Brown, MMC November 18, 2010 Mr. Jeff Petty American Asphalt Repair 14436 Santa Ana Avenue Fontana, CA 92337 Subject: Citywide Slurry Seal Program (C -4270) Dear Mr. Petty: On September 28, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on October 8, 2010, Reference No. 2010000509838. The Surety for the contract is the Guarantee Company of North America and the bond number is 12065915. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009 -2010 CITYWIDE SLURRY SEAL CONTRACT NO. 4270 BOND NO, 12065915 Premium:Included In Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to American Asphalt South, Inc., hereinafter designated as the "Principal," a contract for construction of 2009.2010 CITYWIDE SLURRY SEAL, Contract No. 4270 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. 4270 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, The Guarantee Company of North America 11RA 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 Four Hundred Seventy -Nine Thousand and 001100 Dollars ($479,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 32 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract 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 16th day of March , 2010. Z/ f!�P Ameri an Asphalt South, Inc. (Principal) The Guarantee Company of North America USA Name of Surety 1800 Sutter Street, Suite 880, Concord, CA Address of Surety 94520 866 364 -6378 Telephone Authorized Signature/Title Authon d Agent Signature Elizabeth Teats, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CON u f'lACTOR AND SURET II MUST BE ATTACHED KA] F - RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 920,63 Recorded In Official Records, Orange County Tom Daly, Clerk- Recorder IIIIIIIIIUIIIIIIIIIIIIIIII�IIIVIIIIIINNIUVIIIIIIflbllllll NO FEE 201000050983812:15 pm 10108110 474`12N`12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and American Asphalt South, of Fontana, California, as Contractor, entered into a Contract on March 23, 2010. Said Contract set forth certain improvements, as follows: 2009 -2010 Citywide Slurry Seal (C -4270) Work on said Contract was completed, and was found to be acceptable on September 28, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is The Guarantee Company of North America USA. Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on c��p��vn�e1' �, Z��U at Newport Beach, California. BY "W` mil V b, 161th1_1 City Clerk q. I CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT BY cm P 7n+n September 28, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Alfred Castanon, Associate Civil Engineer 949 - 644 -3314 or acastanon @newportbeachca.gov SUBJECT: 2009 -2010 CITYWIDE SLURRY SEAL— COMPLETION AND ACCEPTANCE OF CONTRACT N0r427 ISSUE Staff is requesting approval to accept the 2009 -2010 Citywide Slurry Seal Project Contract No. 4270 as complete. RECOMMENDATIONS 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after Council acceptance. Construction Contract Summary Construction Contract Final Cost at Benchmark Contract Time Award Amount Completion Target Actual Time Under or da s Over $479,000.00 $437,591.09 Contract Contract 70 (20) Plus 10% -9% DISCUSSION On March 23, 2010, City Council authorized the award of the 2009 -2010 Citywide Slurry Seal Project to American Asphalt South, Inc. The contract provided for the slurry sealing of various streets in the Harbor View, Newport Hills, Seawind, Spyglass Hill and Harbor View Hills South communities. I. 2009 -2010 Citywide Slurry Seal - Completion Acceptance of Contract No. 4270 September 28, 2010 Page 2 The project encountered 20 days of unforeseen delays during the work due to material procurement issues with thermoplastic paint. On June 2, 2010 Dupont, one of the few manufacturers who control the production of this material, informed paint manufacturers that it was eliminating a significant portion of its productive capacity. These events coupled with increased demands, particularly overseas, caused a worldwide shortage of this material. To remedy the thermoplastic paint shortage, City staff directed the contractor to apply final striping and markings with several coats of regular paint. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $479,000.00 Actual cost of bid items constructed: $437,591.09 Total change orders: $0.00 Final contract cost: $437,591.09 The final overall construction cost, without any change orders was approximately 5% percent below the original bid amount. Although all planned streets (except Ford Road, Mesa View Drive, Prairie Road and portions of Newport Hills Drive West) were slurry sealed in accordance with the contract, the final contract cost was lower than the awarded amount as the actual square footage covered (3,539,901 square feet) was less than the estimated amount (4,000,000 square feet) stated in the contract. In addition, Ford Road, Mesa View Drive, Prairie Road and portions of Newport Hills Drive West were not slurry sealed due to a conflict with another city project under construction in the same area. These streets will be included in the upcoming 2010/11 slurry project scheduled for spring 2011. Item No. I Description Amount 1 No Change Orders were issued for this project Total Project Change Orders A summary of the project schedule is as follows: Estimated completion date per June 2009 Schedule: August 13, 2010 Project Award for construction: March 23, 2010 Date of Notice To Proceed (NTP): May 3, 2010 Contract Completion Date per NTP & Approved Extensions: August 10, 2010 Actual Construction Completion Date: 'September 8, 2010 The extent of work completion delay could have been minimal if an additional time extension was granted for the unavailability of thermoplastic paint. 2009 -2010 Citywide Slurry Seal - CompleL ,nd Acceptance of Contract No. 4270 September 28, 2010 Page 3 ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (c), of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. PUBLIC NOTICE The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, a City - prepared construction informational notice was distributed by the Contractor to residents within the work vicinity. The notice was distributed 48 hours before the work commenced. FUNDING AVAILABILITY In addition to the original construction contract, this project involved other project expenses, as summarized below: Construction $437,591.09 Material Testing $19,308.50 Incidentals $647.44 Total Project Cost $457,547.03 Funds for the construction project were expended from the following account: Account Description General Fund Prepared by: Alf Castanon Associate Civil Engineer Attachment: Location Map Account Number 7013- C2001011 Total Submitted by: Amount $ 437,591.09 $437,591.09 JOHN WAYNE I VICINITY MAP NOT TO SCALE OPROJECT AREAS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009 -2010 CITYWIDE SLURRY SEAL PROGRAM PATRICK L 2 .�, ARCINIEGA W No. 70740 � * Exp. 06/30/ll it of i of APPROVED ) / oc 2- _IF2.j0 SENIOR CIVIL ENGINEER DATE R.C.E 70740 '5/10 "" N.T.S "" 1 Of 5 TM I C -4270 R- 5995 -S % NEWPORT HILLS DR W rw.1 WR ,P�EIMaE7 pp I — rl- Ji, ij. T J. PROVi-RcE- fiA y It W- Lj,.L2� I ,Z4 I— AL NS' AM (SEE SHEET 3) ELE -jN SCHOOL d J-1 0FEW a �Tl I NEWPORT -��>- l U011N, "4urT DR HARBOR VIEW & NEWPORT HILLS LIMITS OF TYPE I SLURRY SEAL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009-2010 CITYWIDE SLURRY SEAL PROGRAM OR E PAT RICK L. ARCINIEGA Vlj� No. 70740 Exp. 06/30/11 APPROVED SENIOR CIVIL NCINEER DATE R.C.E 70740 DATE 2/5/10 SCALE N.T.S ISHT 2 OF 5 DRAWN TM I C-4270 I R-5995-S i i 0' PATRICK L. ARCINIEGA No. 70740 SEAWARD J� \ Exp. 06/30/11 / 11 LIMITS OF TYPE I SLURRY SEAL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009 -2010 CITYWIDE SLURRY SEAL PROGRAM APPROVED SENIOR CIVIL ENGINEER DATE R.C.E 70740 DATE SCALE SHT 2/5/10 N.T.S 3 OF 5 DRAWN TM I C -4270 I R- 5995 -S II i i 0' PATRICK L. ARCINIEGA No. 70740 SEAWARD J� \ Exp. 06/30/11 / 11 LIMITS OF TYPE I SLURRY SEAL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009 -2010 CITYWIDE SLURRY SEAL PROGRAM APPROVED SENIOR CIVIL ENGINEER DATE R.C.E 70740 DATE SCALE SHT 2/5/10 N.T.S 3 OF 5 DRAWN TM I C -4270 I R- 5995 -S (SEE SHEET 3) C � e FAN F r ! i( ,POINT c Y I Y\ ) z ''Yip.. 7 VA m , T9 F'Y MALJ�U rl� IR PORT ARENA N'AY 5 I -- SAN JOAQ f 1j z. LIMITS OF TYPE SLURRY SEAL HILLS SPYGLASS HILL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009 -2010 CITYWIDE SLURRY SEAL PROGRAM a E j i �I 4� PATRICK L. �y ARCINIEGA m� a W No. 70740 �. Exp. 06/30/ii �l9 CIVIv t�Orr i APY PROVED IOR CIVIL ENGINEER DATE E 70740 DATE 2/5/10 SCALE N.T.S SIT 4 OF 5 DRAWN TM C -4270 1 R- 5995 -S h 7sf3 LIMITS OF TYPE I SLURRY SCAL SAN HARBOR VIEW HILLS SOUTH CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009 -2010 CITYWIDE SLURRY SEAL PROGRAM E �I QgotESrro41 r PATRICK ARCINIEGA No. 70740 % � d Exp. 06/30/11 a APPROVED c _ SENIOR CIVIL E GINEER DATE R.C.E 70740 DATE 2/5/10 SCALE N.T.S 5" 5 OF 5 DRAWN TM C -4270 I R- 5995 -S �._ r... _1�. *fir p►� �yy f'r ^ OFFICE OF THE CITY CLERK Leilani L Brown, MMC September 29, 2010 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following project: a 2009 -2010 Citywide Slurry Seal Please record the enclosed document and return it to the City Clerk's office. Thank you. Sincerely, �6 lI Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and American Asphalt South. of Fontana, California, as Contractor, entered into a Contract on March 23, 2010. Said Contract set forth certain improvements, as follows: 2009 -2010 Citywide Slurry Seal fC -4270) Work on said Contract was completed, and was found to be acceptable on September 28, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is The Guarantee Company of North America USA. it Works Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on ���� 20io at Newport Beach, California. BY am j P i City Clerk CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 Until 10:00 a.m. on the 9th day of March, 2010, at which time such bids shall be opened and read for 2009 -2010 CITYWIDE SLURRY SEAL Title of Project Contract No. 4270 $645,000 Engineer's Estimate by then G. Badum is Works Director Prospective bidders may obtain one set of bid documents for $10 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification required for this project. General "A" or "C -12 ". For further information, call Alfred Castanon, Project Manager at (949) 644- 3314 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: htto: /hwvw. NewoortBeachCA.Qo CLICK: Online Services / Bidding & Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009 -2010 CITYWIDE SLURRY SEAL CONTRACT NO. 4270 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 .......................................... .............................15 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009 -2010 CITYWIDE SLURRY SEAL CONTRACT NO. 4270 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 words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. B. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. !29 9(w ,W Contractor's License No. & Classification Bidder ,Aiffhorized Signature/Title' O A, OM /01 Date CITY OF NEWPORT BEACH. PUBLIC WORKS DEPARTMENT 2009 -20110 CITYWIDE SLURRY SEAL CONTRACT NO. 4270 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Amount Bid--- - Dollars IS 10% - -- -- ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2009- 2010 CITYWIDE SLURRY SEAL, Contract No. 4270 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 ttds 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 3rd day of March 2010. American Asphalt youth, Inc. Name of Contractr- (Principal) The Guarantee Company of North America USA Name of Surety olizenatureTtla Author117Agent Signature 1800 Sutter Street, Suite 880, Concord, CA 94520 Elizabeth Teats, Attorney -in -Fact Address of Surety Print Name and Title 866 -364 -6378 Telephone (Notary acknowledgment of Principal & Surety must be attached) ACKNOWLEDGMENT • R R R••• RR• R R . f••••R• RAIAInnn.......RRRRR••RRRRRRRR RAIRR•RRR••• R R••••• R•• RRR /AAflARNA State of California County of Butte ss. On Marcb 3, 2110 before me, Tami Pieper-Jones Notary Public,persbrrelly appeared Elizabeth Teats proved to me on the basis of satisfactory evidence to be the person(a) whose name(&&) ishwe- subscribed to the within instrument and acknowledged to me that befthe /Va"xecuted the same in hWMer /#Wr authorized capacity(iW, and that by kisther /thatr signatures(* on the Instrument the person(*, or the entity upon behalf of which the person(e) acted, executed the Instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TAMI PIEPER JONES COMM, # 1870615 NOTARY PUBLIC- 4AUFORNIA COUNTY OF BUTTE Comm. E)# 7, 2013 Signature (eeaq • RRR• RRRRR 'RRRRRRRRRRRRRRRRRRRRRRRRRRRU•R R RR R RI R RRRR RR RRRR RRRRR RRRRRRIRR RRRR /u OP17ONALWFORMAT70N Date of Document Type or Title pf Document Number of Pages In Document Document in Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification _Credible Witnesses) Capacity of Signer. Trustee Powet of Attorney �CEO 6 CFO IGOO President 1 Vice- Presidant 1 Secretary / Treasurer r —Other, Other blform6tion: Thumbprint of Signer ❑ Chesh here e no th mbpft or flrq;wprinl b evoliabte. THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Barbara Hidstokke, Renee Ramsey, Richard R'. Pratt, John Hopkins, Elizabeth Teats, Susan Lee, Barbara Beeny, Nancy Luttenbacker, Phillip O. Watkins, Keith T. Schuler Interwest Insurance Services, Inc. its true and lawful attorrrey(s)in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section g.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31� day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, It is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31$' day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 2nd day ry- `9th of February, 2010. GTHE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 2n° day of February, 2010 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Mlch/gan Company of North America USA offices the day and year above written. County of Oakland 0 Jl9y Commission Expires February 27. 2012 n n Acting in Oakland County l /. /Vr1 I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 3 day ofMarch, 2010 Rand man, Secretary w CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of _! +" > na -1> »13 On.�Qrc� �. 1D /D beforeme, m Name aM TSe of OResr (e.9'fane Ooo. Ndary Pu personally appeared Name(al ol9ignegat RICHARD ENTRIKI comm. !111854481 � NOTAW Pgc • CALIFOWU SAN BERNWIN0 CONRY � M 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. WITNESS my hand and official seal. �gnonxe o— OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and awld prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: • Individual Top of thumb here • Corporate Officer— Title(s): • Partner — ❑ Limited 0 General • Attorney -in -Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: 0 +999 National Nelery Asso,;oon -MO Do Soto Ave., P.O. eox2402• Chetsmonh. CA 913W4W -v nofooaNdary.org Prof. No. 5997 Room.. Cell 79 9free 4900.6/ &69 Guarantee (a member of Guarantee CO(WarrY AIJI. Best #:0111083 NAIC#:36650 FEIN *3%2907629 25 W0 Northwestern Htgtway. Suite 720 Southtiela 811 48075 8410 UNITED STATES Phone 248 281 0281 FaY-'248-750-0436 Web ! r acne cw'n Rating: A (Excellent) Financial Size CatagoryVIIIII ($100 Million to $250 Million) Outlook. Stable Action., Upgraded Effective Date: Decemberlitfl, 2009 Reports and News long -Tenn: a OutioOK stable Action: Upgraded Date: December 09,2009 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009 -2010 CITYWIDE SLURRY SEAL CONTRACT NO. 4270 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: SAM USA CfA(X S69L Address: 15'7 W 5TH+ Sr 00A210 f CA 01.1 r7la- (� 4115 )t'�'�5� Phone: 9pq 7$3' 0703 PAVEM04T State License Number: S -7095 SIP' ANA MjJWr)gS Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Art ea . 4 fall, 1Eran%, Bidder A61thorized Signatureffitle CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009 -2010 CITYWIDE SLURRY SEAL CONTRACT NO. 4270 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formIll Please print or type. r J574 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 bee x "// Cled 1..(l Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /C ntractor? f1 es bri fly explain and indicate outcome of claims. //O GY1�/ f'�cl 11 //1 ar ,'Al,- .*eOev 91 REFERENCE LIST AGENCY /CONTACT PROJECT NAME DOLLAR AMOUNT DATE COMPLETED COUNTY OF ORANGE SLURRY SEAL OF VARIOUS STREETS IN $1,526,871.97 Nov -07 CHRIS KUBASEK ORANGE COUNTY 2006 -07 (714)567 -7832 CITY OF SAN DIEGO SLURRY SEAL GROUP 1 $6,730,207.62 Oct -08 MARY WOLFORD K073615C (619)527 -7515 CITY OF RAN. CUCAMONGA FY 2007/2008 LOCAL STREET PAVEMENT $382,357.71 Nov -07 SHELLEY HAYES REHABILITATION (909)477 -2740 CITY OF YORBA LINDA SLURRY SEAL PROGRAM FOR VARIOUS $511,169.76 Nov -07 JACKI NIEMI STREETS (FISCAL YEAR 2006 -2007) (714)961 -7170 CITY OF THOUSAND OAKS ANNUAL MAINTENANCE PROGRAM TO SLURRY $512,070.50 Jan -08 JOE BRAVO SEAL CITY STREETS; CITY PROJECT NO. M12007 (805)449 -2499 X382 COUNTY OF SAN BERN. F STREET & OTHERS SLURRY SEALS $33,190.20 Feb-08 DAVID DOUBLET H14174 (909)387 -7920 CITY OF CYPRESS 2007/08 RESIDENTIAL AND ARTERIAL $975,972.73 Apr -08 NICK MANGKALAKIRI STREETS SLURRY SEAL; CIP NO. 2007-13 (714)229 -6729 CITY OF BELL GARDENS CITYWIDE SLURRY SEAL PROJECT $165,575.69 Mar -08 JOE DYER FISCAL YEAR 2007/2008 (562)806 -7770 CITY OF LOS ALAMITOS FISCAL YEAR 2007/2008 RESIDENTIAL $351,342.54 Apr -08 DAVE COX SLURRY SEAL PROJECT; CIP 07/08 -01 (562)431 -3538 X105 REFERENCE LIST AGENCY /CONTACT PROJECT NAME DOLLAR AMOUNT DATE COMPLETED COUNTY OF ORANGE SLURRY SEAL OF VARIOUS STREETS $1,388,120.42 Jun -08 GEORGE ZAUN IN ORANGE COUNTY 2007 -08 (714)567 -7821 CITY OF VISTA 2007 -2008 SLURRY SEAL PROJECT $306,453.52 Jun -08 RUDYLUNA (760)726 -1340 X1621 TOWN OF 29 PALMS 2008 SLURRY SEAL PROJECT $462,761.00 Jun -08 RICHARD PEDERSON (760)367 -6799 CITY OF LA MESA ANNUAL STREET MAINTENANCE CITYWIDE- PENDING Oct -08 MATT SOUTTERE CRACK SEALING AND RUBBERIZED EMULSION (619)667 -1171 AGGREGATE SLURRY COATING CITY OF ARCADIA 2007/2008 ANNUAL SLURRY SEAL PROJECT $379,518.26 Jun -08 MARK RYNKIEWICZ PROJECT NO.:5533108/5533018 (626)256 -6554 CITY OF CYPRESS 2007/08 RESIDENTIAL STREETS SLURRY $355,280.70 Jul -08 NICK MANGKALAKIRI SEAL -PHASE 2 (714)229 -6729 CITY OF SAN BERNARDINO RUBBERIZED SLURRY SEAL, CRACK SEALING $299,783.92 Jun -08 RANDY KUETTLE & STRIPING PROJECT (909)384 -5020 CITY OF ONTARIO 2007/2008 RESIDENTIAL AND COLLECTOR/ $1,973,660.30 Jul -08 GARY HARMS ARTERIAL SLURRY SEAL PROGRAMS (909)395 -2130 CITY OF SAN DIEGO SLURRY SEAL GROUP I PENDING Oct -08 MARY WOLFORD K084181 (619)527 -7515 REFERENCE LIST AGENCY /CONTACT PROJECT NAME DOLLAR AMOUNT DATE COMPLETED IMPERIAL COUNTY IMPERIAL COUNTY AIRPORT PAVEMENT $851,928.59 Aug -08 JESSICA MULLEN PRESERVATION (602)997 -7536 MANHATTAN BEACH 2008 SLURRY SEAL PROJECT $241,566.30 Sep -08 ISH MEDRANO (310)802 -5357 CALIFORNIA CITY CALIFORNIA CITY BLVD SLURRY SEAL $280,094.72 Sep -08 RAMON PANTOJA PROJECT (661)323 -6045 CITY OF IMPERIAL BEACH ANNUAL SLURRY SEAL 2008 (S07 -102) $222,537.39 Sep -08 NAIMA FINNIE ((619)423 -2183 CITY OF GRAND TERRACE CITYWIDE SLURRY SEAL PROJECT $105,344.26 Sep -08 STEVE BERRY (909)430 -2226 CITY OF DIAMOND BAR AREA 4 RESIDENTIAL & ZONE 2 ARTERIAL $1,692,418.43 Oct -08 KIMBERLY MOLINA STREET MAINTENANCE PROJECT (909)839 -7044 CITY OF DELANO 2008 SLURRY SEAL $220,402.21 Oct -08 DAVID VALLEJO (661)721 -3350 CITY OF INDIAN WELLS FY 2008/2009 PAVEMENT MAINTENANCE $553,526.16 Oct -08 BONDIE BAKER (760)776 -0237 CITY OF PALM DESERT 2008 CITYWIDE SLURRY SEAL PROGRAM $544,026.76 Oct -08 RYAN GAYLER (760)346 -0611 REFERENCE LIST AGENCY /CONTACT PROJECT NAME DOLLAR AMOUNT DATE COMPLETED CITY OF CATHEDRAL CITY RUBBERIZED EMULSION - AGGREGATE SLURRY $1,826,375.33 Nov -08 PATRICK MILOS (REAS) FLEX SEAL AND FLEX CAPE (760)770 -0390 CITY OF R. CUCAMONGA FY 2008/2009 LOCAL STREET PAVEMENT $378,185.42 Nov -08 ROMEO DAVID REHABILITATION SLURRY SEAL OF VARIOUS (909)477 -2740 X4070 STREETS CITY OF PASADENA SLURRY SEAL OF STREETS -2008 $502,479.25 Jan -09 ELVIN JIANG (626)744 -6912 CITY OF YORBA LINDA SLURRY SEAL PROGRAM FOR VARIOUS $2,226,677.89 Jun -09 JACKI NIEMI STREETS (FISCAL YEAR 2007 -08 & 2008 -09) (714)961 -7170 COUNTY OF SAN BERN. MENTONE AREA SLURRY SEALS $65,726.10 Feb -09 SUNDARMOORTHY SRIRAJAN (909)387 -7935 CASITAS M.W.D. SLURRY SEAL & STRIPING $111,321.25 Apr -09 ANDY BENITEZ (805)649 -2251 EXT 139 CITY OF VILLA PARK STREET MAINTENANCE PROJECT FY 2008 -09 $443,003.60 Apr -09 JOE O'NEIL (714)998 -1500 CITY OF DES. HOT SPRINGS STREET SLURRY SEAL CONSTRUCTION $429,980.84 May -09 HAL GOLDENBERG ON VARIOUS CITY STREETS PROJECT NO. (760)329 -6411 2009 -02 CITY OF CARSON ANNUAL SLURRY SEAL PROGRAM $309,359.50 May -09 RICK BOUTROS CITYWIDE PROJECT 1301 (310)952 -1700 CITY OF LAWNDALE ALBERT MENDOZA (310)973 -3261 CITY OF MONTEREY PARK VENNIE BERMUDEZ (626)307 -1325 CITY OF SAN GABRIEL JASON WELDAY (909)594 -9702 CITY OF SAN DIEGO KIM LASELLE (619)527 -5455 CITY OF MANHATTAN BEACH ISH MEDRANO (310)802 -5357 CITY OF ROSEMEAD RAFAELFAJARDO (626)569 -2151 CITY OF R. CUCAMONGA ROMEO DAVID (909)477 -2740 X4070 CITY OF LAGUNA NIGUEL FRANK BORGES (949)362 -4325 REFERENCE LIST PROJECT NAME DOLLAR AMOUNT DATE COMPLETED SLURRY SEAL ON VARIOUS CITY STREETS $120,412.81 May -09 2009 SLURRY SEAL OF VARIOUS STREETS $91,041.57 May -09 FISCAL YEAR 2008 -09 SLURRY SEAL PROJECT $235,332.24 Jun -09 SLURRY SEAL GROUP I, FY 09; K094471 C PENDING Jul -09 2009 SLURRY SEAL PROJECT $271,179.75 Jul -09 ANNUAL 2008 -2009 SLURRY SEAL PROJECT $147,238.11 Aug -09 FY 200912010 LOCAL STREET PAVEMENT $285,774.75 REHABILITATION (SLURRY SEAL) AND PARKING LOT RESURFACING (SEALCOAT) AT VARIOUOS LOCATIONS FY 09 -10 CITYWIDE ROADWAY SLURRY SEAL $1,248,754.19 PROGRAM, CASH CONTRACT NO. 09 -09 Aug -09 Sep -09 CITY OF P.V. ESTATES FY 09/10 SLURRY SEAL PROJECT $156,045.46 Sep -09 FLORIZA RIVERA (310)378 -0383 CITY OF LA HABRA HEIGHTS BRUCE BARRETTE (562)694 -6302 CITY OF CHINO HILLS ANNE DUTREY (909)364 -2760 CITY OF EL CAJON MIKE DUDAS (619)441 -1763 CITY OF FONTANA KEITH KRAMER (909)350 -6644 CITY OF PASADENA ELVIN JIANG (626)744 -6912 REFERENCE LIST PROJECT NAME 2009 ANNUAL ROAD MAINTENANCE PROJECT (ZONE 3) FY 2008 -09 STREET IMPROVEMENT PROJECT PROJECT NO. 509003 STREET RESURFACING 09 RUBBERIZED SLURRY VARIOUS STREETS DOLLAR AMOUNT $314,830.68 $735,829.20 $654,426.07 ASPHALT PAVEMENT RESTORATION PROJECT $3,276,552.14 FOR VILLAGE OF HERITAGE, SOUTHRIDGE VILLAGE AND ISLAND ANNEXATION AREA III. PROJECT SB- 01 -PW -10 SLURRY SEAL OF STREETS -2009 PENDING DATE COMPLETED Sep -09 Oct -09 Oct -09 Dec -09 CITY OF RIALTO PENDING IN PROGRESS No. 2 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person T Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 4 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person T Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidder I Alffhorized Signature/Title- 12 EXPERIENCE RESUME PROJECT MANAGER: TIM GRIFFIN EXPERIENCE: ROY ALLAN SLURRY SEAL FROM 1987 -1998 WORKING AS A TRAFFIC CONTROL MAN, SQUEEGEEMAN, SHUTTLEMAN, LINE DRIVER & MIXER OPERATOR. CALIFORNIA PAVEMENT MAINTENANCE FROM 1998 -2001 WORKING AS A PROJECT SUPERVISOR & OPERATIONS MANAGER. AMERICAN ASPHALT SOUTH FROM 2001 - PRESENT WORKING AS A PROJECT SUPERVISOR & PRODUCTION MANAGER. PROJECT MANAGER: JEFF PETTY EXPERIENCE: AMERICAN ASPHALT FROM 1985 - PRESENT WORKING AS A TRAFFIC CONTRAL MAN, SQUEEGEEMAN, SHUTTLEMAN, LINE DRIVER, MIXER - OPERATOR, PROJECT SUPERVISOR & PRODUCTION MANAGER. PROJECT MANAGER: LYLE STONE EXPERIENCE: ROY ALLAN SLURRY SEAL FROM 1986 -1998 WORKING AS THE ESTIMATOR AND PROJECT MANAGER. CALIFORNIA PAVEMENT MAINTENANCE FROM 1998 -1999 WORKING AS THE AREA MANAGER. ASPHALT MAINTENANCE COMPANY FROM 1999 -2000 WORKING AS THE AREA MANAGER AND PROJECT SUPERINTENDENT. VALLEY SLURRY SEAL FROM 2000 -2001 WORKING AS THE AREA MANAGER. AMERICAN ASPHALT SOUTH FROM 2001- PRESENT WORKING AS THE AREA MANAGER, PROJECT MANAGER AND ESTIMATOR. PROJECT SUPERVISOR: JULIO RUIZ EXPERIENCE: AMERICAN ASPHALT SOUTH, INC_ FROM 1998 TO 1999 WORKING AS A LINE DRIVER AND SHUTTLEMAN. WORKING FROM 1999 TO PRESENT AS A PROJECT SUPERVISOR. PROJECT SUPERVISOR: JOE HERRERA EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2002 TO PRESENT PROJECT SUPERVISOR: ENRIQUE ROSALES EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2006 TO PRESENT MIXER - OPERATOR: JAIME SALINAS EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2004- PRESENT MIXER - OPERATOR: JORGE CAMPOS EXPERIENCE: ROY ALLAN SLURRY SEAL, INC. FROM 1979 -2004, AMERICAN ASPHALT SOUTH, INC. FROM 2005- PRESENT MIXER - OPERATOR: LUIS GAETA EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2000 - PRESENT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009 -2010 CITYWIDE SLURRY SEAL CONTRACT NO. 4270 NON - COLLUSION AFFIDAVIT State of California ) ) ss, County of � ] l. /- C bei ust duly sw rn d�ya a nd says that he or she is of PPYI the party making the foregoing bid; thaf 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 parry making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent 'thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct Bidder Adhorized Signature/Title Subscribed and sworn to (or affirmed) before me on thid""' day of .2010 by / v /z 64 n c , personally known to me or proved to me on the bash of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the Stalte of California that the foregoing paragraph is true and correct. Notary Public [SEAL] RICHARD ENTRIKIN & My Commission Expires: ' i 3 COMM. $1854481 Ila MTAW PU" • awroaww aw BEIRNAR nro couxry KS ar C=M ev"s.wa. Ia, ao+a 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009 -2010 CITYWIDE SLURRY SEAL CONTRACT NO. 4270 DESIGNATION OF SURETIES Bidders name 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): gee IoWa; ( 4%,l 14 BROKERS & SURITIES FROM WHOM THE BIDDER INTENDS TO PROCURE INSURANCE AND BONDS BONDING AGENT: INTERWEST INSURANCE SERVICES, INC. 1357 E. LASSEN AVENUE CHICO, CA 95973 (530)897 -3154 SURETY COMPANY: GUARANTEE COMPANY OF NORTH AMERIC, USA 1800 SUTTER STREET, SUITE 725 CONCORD, CA 94520 (925)56 &6040 INSURANCE AGENT: INTERWEST INSURANCE SERVICES, INC. 368 E. YOSEMITE AVENUE, SUITE 100 MERCED, CA 95340 (209)724 -2324 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009 -2010 CITYWIDE SLURRY SEAL CONTRACT NO. 4270 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name �r %C4h ,y� ///f,11✓�� Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Yearof for for for for for Record 2009 2008 2007 2006 2005 Total 2010 No. of contracts Total dollar Amount of Contracts (in 000 2417* 25 8 ARO IIft Thousands of $ No. of fatalities 4 O U U 0 No. of lost Workday Cases O '2 Q Q Q 3 No. of lost workday cases involving permanent transfer to D O U U U O another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder ,4rve -ao 5ia, Aw Business Address: lWi a .z4t Business Tel. No.: yDy r/.T7 �7 State Contractor's License No. and Classification: %8il� Title e-wW1 GF/.1'.idc4yN vl� The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title 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 partnersijoint 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, joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partnersijoint 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. 16 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of .Srsn Erna! .n1S On Nia-e% 8 Dot, personally appeared RICHARD EN RIKIN COMM. 01854481 AWAM nUBMC- CKFOHBII ew eenwu+owo cawnr Mr Comm. ExpnsA1L /A 2013 X proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ldhre subscribed to the within instrument and acknowledged to me that beileWhey executed the same in W944Ktheir authorized capacity(ies), and that by >b 4c /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS ymyy /hand and official seal. I" �of nou OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying an the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual Top of Numb here Cl Corporate Officer— Title(s): 0 Partner -0 Limited O General O Attorney -in -Fact ❑ Trustee 0 Guardian or Conservator 0 Other. Signer Is Representing: 0 1899 Nrr mal Notary A atlor • 9390 a6 Sato Ave.. P.O. Box 2492 • C9etawaM, CA 913132402 • Prod. No. Wo Reorder. Call Toll -Free 1AOM19]6 n CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009 -2010 CITYWIDE SLURRY SEAL CONTRACT NO. 4270 ACKNOWLEDGEMENT OF ADDENDA Bidders name f/ rr'ewo ,yl..O411 sy/ // 1 c The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009 -2010 CITYWIDE SLURRY SEAL CONTRACT NO. 4270 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: /407?4W &,4�/J &C- e Business Address: /oy.A� S�9rir ,A e#4ocv �.Fitf�o l� 9.1339 Y/ Telephone and Fax Number: ��y.T9�.T7� C7B��•tJ'8� %% �•�' California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) Original Date Issued: 091V.Se/O Expiration Date: Di�?o�aro List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone ���N ,S�HC✓Cr,/O�J �ir,/, �H� ✓JC Corporation organized under the laws of the State of aA;;001-S 18 P The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: G I All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: 1660e For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes AD Are any claims or actions unresolved or outstanding? Yes <DO 19 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. Bidder 1y /e ,$live (Print name of owner or President of Corporatjon /Company) Au ized Signature/Title 5ecresv1yy Title 8 j 't,110 Date On /'2 1e 2O/0 before Notary Public, personally appeared 1�eA S�g who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ism subscribed to the within instrument and acknowledged to me that he /,s4elSlaey' executed the same in his jWjJ;& authorized capacity(ies), and that by hisfpeittheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. —� (SEAL) Notary Public in and for said State My Commission Expires: -7113 20 vwk-awk--RtCHAR NE ,48 y COMM. #1881 Oau,M"su` -CALWO A MyCamn. xx °°{ 1 %2D13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009 -2010 CITYWIDE SLURRY SEAL CONTRACT NO. 4270 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009 -2010 CITYWIDE SLURRY SEAL CONTRACT NO. 4270 CONTRACT THIS AGREEMENT, entered into this(g day of &4/- 10, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and American Asphalt South, Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 2009 -2010 CITYWIDE SLURRY SEAL The work necessary for the completion of this contract consists of (1) distributing construction notices to affected businesses and residents, (2) clearing existing pavement surfaces of debris, soils, and other loose materials, (3) removing existing traffic striping, pavement markings, and raised pavement markers, (4) crack sealing, (5) placing emulsion aggregate slurry seal, (6) installing new traffic striping, pavement markings, and raised pavement markers, and other incidental items of work necessary to complete the work in place. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4270, 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. FFA 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 Four Hundred Seventy -Nine Thousand and 001100 Dollars ($479,000.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Alfred Castanon (949) 644- 3314 American Asphalt South, Inc. 14436 Santa Ana Avenue Fontana, CA 92337 909 - 427 -8276 909 -427 -8279 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and rio or to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. 1. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 23 City reserves the right to require complete, certified copies of all required insurance policies at any time. 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. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a. _Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. 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 24 volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6. 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 elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; 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 elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. 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. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b) 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. Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. 25 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. 7. 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. 8. 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. G. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 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 active 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. 5. 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 G.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 26 H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor APPROVED ASTO FORM: 't��0� AMERICAN ASPHALT SOUTH, INC. avw�NL� By: A� Mynette D. Beauchamp 3/, djW orporat Officer) Assistant City Attorney 1 �o Title: IlAce A/C! %al #7.1 Print Name: T 4r #42!& By: (Financial Officer) Title: 7trwrer_ 6-04o'.4 Print Name: A147 IA4�P✓VA Please note: Corporations must complete and sign both places above even if each office is held by the same individual I•IZA CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009.2010 CITYWIDE SLURRY SEAL CONTRACT NO. 4270 BOND NO. 12065915 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,353.00 being at the rate of $ 7.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to American Asphalt South, Inc., hereinafter designated as the °Principal ", a contract for construction of 2009 -2010 CITYWIDE SLURRY SEAL, Contract No. 4270 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. 4270 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and The Guarantee Company of North America USA , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Seventy -Nine Thousand and 001100 Dollars ($479,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principals 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 indemnity, 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. 28 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 16th day of March 2010. ,z/ fame- Arne can Asphalt South, Inc. (Principal) Authorized SignaturelTi The Guarantee Company of North_ Am_e_rica USA ,LG� Name of Surety Author Agent Signature 1600 Sutter Street, Suite 880, Concord, CA Address of Surety 94520 (866) 364 -6378 Telephone Elizabetb Teats, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND .SURETY MUST BE ATTACHED Kit] ACKNOWLEDGMENT ff///////// f//////............//////////////// f/ /f / / / / / / /fffff /fff \fff / /YY / / //, State of California County of Butte } ss. On March 16, 2010 before me, Tami Pieper-Jones Notary Public, personally appeared Elizabeth Teats, Attorney -in -Fact proved to me on the basis of satisfactory evidence to be the person(,84 whose name( is /am subscribed to the within instrument and acknowledged to me that #ie/she /therexecuted the same in his /her /their authorized capecity(ies), and that by Wilslherl%elr signatures(s)-on the instrument the personal, or the entity upon behalf of which the person(.&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature TAM1 PIEPER )ONES COMM. 0 1870615 NOTARY PUBLICLAUFORNIA COUNTY OF BUTTE Comm. Expires Nov. 7, 2013 (seal) •./ a //ff u/ffff /u u ...// Y///......//// ....... .............................u, Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION March 16 2010 Performance Bond N/A Type of Satisfactory Evidence: x Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of signer: Trustee X Power of Attorney CEO /CFO /COO President 1 Vice- President 1 Secretary I Treasurer T Other. Other Information: 30 Thumbprint of Signer p check here If no thumbpdnt or fingerprint Is available. CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California `. ss. County of i+n l✓�s�nu: J"447 On /'%A��� /% 4VAID before me,�f,rlimt� n7reJ��d/ -/I�dt Orr/ pat Name erne TNe of pMCer (e.g..'Aine Dee. Notary Pu�ic"1 � personally appeared /G rJ�v �� Namete) of 9lgrwr(s) 'weRIMME-MAINKIN 17 COMM. #1850181 NOTARY PUBLIC - CALIFOM/A SAN BERNARDINO COM W my Comm. ExPhs JUL 19,108 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. WITNESS my hand and official seal. 01 84�m saywmre of Nmmry warn OPTIONAL Though the infarmtdon below is not required bylaw, it may prove valuable to persona relying on Nre document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Idle or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: BEEN 0 Individual Top N thumb here 0 Corporate Officer— Title(s): • Partner —O Limited 0General • Affomey -in -Fact • Trustee • Guardian or Conservator 0 Other: Signer Is Representing: 0190 Natfo Nom,, AssodMn, 09 De Smo Aw, P.C. box 2 I Chabwarm, CA 913133402 • wxw.imtlmmVMery.ag Prod. No. W R9mesr. Call TWFina 1d 111 33E7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009 -2010 CITYWIDE SLURRY SEAL CONTRACT NO. 4270 BOND NO, 12065915 Premim.- Included In Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of Califomia, by motion adopted, has awarded to American Asphalt South, Inc., hereinafter designated as the "Principal," a contract for construction of 2009 -2010 CITYWIDE SLURRY SEAL, Contract No. 4270 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. 4270 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, The Guarantee company of North Amorira 11RA 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 Four Hundred Seventy -Nine Thousand and 001100 Dollars ($479,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13420 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 Band, 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 3260 of the Civil Code of the State of California. 32 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et, seq- of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract 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 16th day of _ March , 2010. l� f�wr Ameri�lt South, Inc. (Principal) The Guarantee Company of North America USA Name of Surety 1800 Sutter Street, Suite 880, Concord, CA Address of Surety 94520 (866) 364-6378 Telephone Authorized Signatureintle Auth Agent Signature Elizabeth Teats, Attorney-in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND ,SURETY MUST BE ATTACHED 33 ACKNOWLEDGMENT ..... .. n.. .... ..e ........ ............................... a............ A.... .... I State of California County of Butte ss, On March 16, 2010 before me, Tami Pieper -Jones Notary Public, personally appeared Elizabeth Teats, Attorney-in -Fact proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) islare subscribed to the within instrument and acknowledged to me that he /sheAhey executed the same in kris /her /tt,eir authorized Capecity(iee), and that by hWher1#*I ,—signatures(s} on the instrument the person(e), or the entity upon behalf of which the person(e) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. if TAM! PIEPER- -JONES COMM. • 1870615 NOTARY PUW1C- CAMRNIIt COUNTY OF BUTTE \ Comm. EvIon Nov. 7, 2013 Signature (seal) .... ..... Y. O ................. II....... T......... Rn ..................n.........., Date of Document OPTIONAL INFORMATION March 16, 2010 Thumbprint of Signer Type or Title of Document labor and Materials Payment Bond Number of Pages in Document 2 Document in a Foreign Language N/A Type of Satisfactory Evidence, s Personally Known with Paper Identification Paper Identification Credible W itness(es) Capacity of Signer: Trustee X Power of Attorney CEOICFOICOO President I Mice - President l Secretary I Treasurer Other., Other 34 Check here If m thumbprinl or Rngepdni Is available. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California j wn } S5. Coun ryof -41%, >?+arnu: �ioir7 On�fyria q Z�beforeme, j?;& rA L1kj4Ja7-/1% aYV C Noma end Title M Qlflcer(eq -Jane Oae. Ndary vu) -� personally appeared _y/C Shwe. , Names) al Sigrter(e) RICHARD ENTRIKIN COMM. 01854481 t7 NOTARY PMIC- CALFORNA y SAN eERMMiuo courrry N My Carom. ExPYas JUL 13, 2013 ,X proved to me on the basis of satisfactory evidence to be the person($) 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. WITNESS my hand and official seal. SlgnaNre W Nmary Pu4c OPTIONAL Though the information below Is not required by law, It may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this tone to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: INNEM ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): 0 Partner — ❑Limited ❑General 0 Attomey -in -Fact 0 Trustee O Guardian or Conservator ❑ Other. Signer Is Representing: 01%9Na;"NOiay Aeawe6on•93600eaclo Me. P. 0. Box 2402 • CM OM. CA 91313.2102•wwena6onalnoleryoig Prod. Na 3907 A. .. Cd TdWmo1 647 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having Its principal office in Southfield. Michigan, does hereby constitute and appoint Barbara Midstokke, Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Teats, Susan Lee, Barbara Beeny, Nancy Luttenbacher, Phillip O. Watkins, Keith T. Schuler InterwestInsurance Services, Inc. its true and lawful aftomey(s) -in -tad to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31° day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Atiomey(s) -In -tact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it Is agreed that the power and authority hereby given to the Attorney -m -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and seated by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31° day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of Indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 2nd day of February, 2010. y,G THE GUARANTEE COMPANY OF NORTH AMERICA USA y„ J k STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musseiman, Secretary County of Oakland On this 2n° day of February, 2010 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly swam, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland 0 My Commission Expires February 2012 : n /f I Acting in Oakland County ty /w /f, �( I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 16 day of March , 2010 4P 3T3T Randall Musseiman, Secretary ACORD,y CERTIFICATE OF LIABILITY INSURANCE DA6 /20101/Y 3/16/2 0 YYY) PRODUCER Phone: 916- 988 -3100 Fax: 916 -979 -7992 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION InterWest Insurance Services 3600 American River Dr, 4200 Sacramento CA 95865 -5188 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POUCYEXPIRATION LIMITS .Lmma • INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: Financial Pacific Ins Company 1/1/2011 American Asphalt Repair 14436 Santa Ana Ave. INSURERB:Se Bri ht Insurance Com an 5563 $100,000 IVIED EXP(Any one rwn) Fontana CA 92337 INSURERC: $1,000,000 NSURER D Contractual Liab GENERAL AGGREGATE INSURER E: GENL ADORE GATE LIMIT APPLIES PER: POLICY J LDC PRODUCTS COMP/OPAGG 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. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED TYPE OF INSURANCF POLICY NUMBER POLICYEFFECTVE POUCYEXPIRATION LIMITS .Lmma • X GENERALLUIBILITY COMMERCIAL GENERAL LIABILITY CLAMS MADE OCCUR • $1 , 0n0 nad. 180632A 1/1/2010 1/1/2011 EACHOCCURRENCE DAMAGE TO HEM FED PREMISES Eao re $100,000 IVIED EXP(Any one rwn) $5,000 PERSONALBADVINJURY $1,000,000 • Contractual Liab GENERAL AGGREGATE $2,000,000 GENL ADORE GATE LIMIT APPLIES PER: POLICY J LDC PRODUCTS COMP/OPAGG $2,000,000 • X AUTOMOBILEUABIUTY ANYAUTO ALLOWNEDALTOS SCMEWLEDAUiOS MIREDALTOS NONOWNEDAUTOS 180632A 1/1/2010 1/1/2011 COMBINED SINGLE LIMIT (EaaTJtlun) $1 000 000 r r BODILYINJURV (FW PWSOM --- $ X BODILY INJURY MoamMUn) $ X PROPERTY DAMAGE 1Per amlmn) $ GARAGE LIABILITY ANYAUTO AUTOONLY. EAACCIDENT $ OTHERTHAN EAACC ALTO ONLY: AGG $ $ A EXCESSIUMSRELLAUABILTV X I OCCUR FICLAIMSMADE DEDUCTIBLE X RETENTION $none 924028A 1/l /2010 1/1/2011 EACHOCCURRENCE $5,000,000 AGGREGATE $5,000,000 $ $ B WORKERS COMPENSATION AND EMPLOYERS'UABIUTY ANYPER /MIF R RIPARTNERIEXECUTIVE OFFICl= RR.AEMBER E %CLVDEDY II yyeess desalbs urder 8PECIAt PROVISIONS below BB1103297 111/2010 1/1/2011 X I IM A E.LEACHACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1.000,000 E.L. DISEASE - POLICY LIMIT $ 000 Q Q 0 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: 2009 -2010 Citywide Slurry Seal Program Contract No. 9270. The City of Newport Beach, its elected Or appointed fficers, agents, officials, employees and vo Lunteers are included as additional insured /primary in regards to GL /Auto Der the attached endorsement. Waiver of Subrogation applies to GL /Auto /Workers Compensation. CANCELLATIONTO -OAY NQTTCF. FOR NON- PAYMENT 0 CORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. AUTHORIZED REPRESENTATIVE <• 0 CORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. At;UHU zs tzouvosf POLICY NUMBER: 180632A ASDA AU 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Name of Person or Organization: RE: 2009 -2010 Citywide Slurry Seal Program Contract No. 4270. The City of Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers are included as additional insured /primary in regards to The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV BUSINESS AUTO CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above be- cause of payments we make for bodily injury or property damage arising out of losses or accidents which occur during the policy period. This waiver applies only to liability you assume pursuant to a contract with the person or organization shown in the schedule. ASDA AU 07 02 Page 1 of 1 POLICY NUMBER: 180632A COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: RE: 2009 -2010 Citywide Slurry Seal Program Contract No. 4270. The City of Newport Beach, Its elected or appointed officers, agents, officials, employees and volunteers are included as additional insured /primary in regards to GL /Auto per the (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 POLICY NUMBER: 180632A COMMERCIAL GENERAL LIABILITY Named Insured: American Asphalt Repair THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: RE: 2009 -2010 Citywide slurry Seal Program Contract No. 4270. The City of Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers are included as additional insured /primary in regards to GL /Auto per the attached endorsement. Waiver of Subrogation applies to GL /Auto /Workers pensation. I` no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization is held liable for your work" for that person or organization by or for you. This endorsement applies to the following work: Description of Job: See Above Location of Job: See Above Al only Effective from: Effective Date: 1/1/2010 Expiration Date: 1/1/2011 When this endorsement applies, such insurance as is afforded by the general liability policy is primary insurance and other insurance shall be excess to the insurance afforded by this endorsement. CG 201011 85 Modified (07 -01) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: 180632A ASDA AU 07 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modfies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE NAMED INSURED: American Asphalt Repair 14436 Santa Ana Ave. Fontana CA 92337 ADDITIONAL INSURED: RE; 2009 -2010 Citywide Slurry Seal Program Contract No. 4270. The City of Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers are included as additional insured /primary in regards to GL /Auto per the WHO IS AN INSURED (SECTION II) is amended to include as an insured the organization shown in the Schedule above, but only with respect to the operation of vehicles owned by the named insured and operated on behalf of the named insured. This endorsement does not apply to any operations for other than the named insured. Each person or organization named above is an insured for liability coverage, but only to the extent that person or organization qualifies as an insured under the Who Is An Insured provision of Section II Liability Coverage. The additional insured is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium, if applicable, declared by us shall be paid to you. You are authorized to act for the additional insured in all mailers pertaining to this insurance. We will mail the additional insured notice of any cancellation of this policy. If the cancellation is by us, we will give thirty days notice to the additional insured. The additional insured will retain any right of recovery as a claimant under this policy. ASDA AU 07 01 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. RR17 -MM Person or Organization Job Description WHERE YOU ARE REQUIRED BY WRITTEN CONTRACT TO OBTAIN THIS AGREEMENT FROM US, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. 'The premium charge for this endorsement shall be 2% of the premium developed in the State of Califomia, but not less than $500 policy minimum premium. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01 101 /10 Policy No. BB1103297 Endorsement No. 9 Insured American Asphalt Repair & Resurfacing Cc Inc Policy Effective Date 01 /01 /10 Insurance Company SeaBright Insurance Company Countersigned By WC 04 03 06 (Ed. 4-84) 01W8 by the Workers' Compensatlnn Inaurance Rating Bureau of California. All rights reserved. CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 03/1812010 Date Completed: 03/19/2010 Dept. /Contact Received From: Shauna Oyler Sent to: Shauna Oyler By: Michelle Ross Company /Person required to have certificate: American Asphalt Repair 1. GENERAL LIABILITY A. INSURANCE COMPANY: Financial Pacific Insurance Comoan B. EFFECTIVE DATES: 01 /01 /2010to01 /01/2011 C. AM BEST RATING (A-: VII or greater): "A "(VIII) D. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No $1,000,000 plus E. LIMITS (Must be $1M or greater): What is limit provided? $5,000,000 Umbrella F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No G. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No H. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No I. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ®No J. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Financial Pacific Insurance Comoan B. EFFECTIVE DATES: 01 /02 /2010to 01/01/2011 C. AM BEST RATING (A-: VII or greater) "A "(VIII) D. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No E. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): $1,000,000 plus What is limits provided? $5,000,000 Umbrellla F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): n/a Is it included? ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: SeaBright insurance Company B. EFFECTIVE DATES: 01/02/2010 to 01/01/2011 C. AM BEST RATING (A -: VII or greater): "A - "(IX) D. LIMITS: Statutory E. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: �( ee 12' tip-- March 19, 2010 Agent of Brown & Brown Broker of record for the City of Newport Beach ❑ Requires approval /exception /waiver by Risk Management B &B initials Comments: Approved: Risk Management ® Yes ❑ No 0 r CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 2009 -2010 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 4270 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 4270 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @iWarf 7 Dollars and O° 2a0 Cents �� $ ZQ ow. 00 Per Lump Sum 2. Lump Sum Traffic Control JV �" Dollars and Z 3 L100 of) 2820 Cents $ 2 Per Lump Sum $. 4,000,000 S.F. Type I Slurry Seal @ ZGZO Dollars and N toe Cents $ 0.09 $ 3W .. Per Square Foot t PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4, Lump Sum Crack Sealing @ OliSrpollars ' pd and 7—,M— Cents $ Per Lump Sum 5. Lump Sum Install Pavement Striping and Markings @F 16 -'O Dollars and 7020 Cents 5�� $ 5q Mo. 00 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and 2E2D Cents Date Bidder's Telephone and Fax Numbers C-) orb Total Price (Figures) Bidder Bder's Authorized Signature an Title Bidder's License No(s). Bidder's Address and Classification(s) Bidder's email address: Last saved by acastarwn0V17 /2010 9:33 AM f:lusersVWsharedkmnlractsVy 0 9-10\09 -10 slurry seal program c- 42701proposal o-4270.doc lOwv Check a License or Home Improvement Salesperson (HIS) Registration - Contractors Stat... Page 1 of 1 Department of ConsumerAfFairs " Contractors State Li a oard Contractor's License Detail - License # 784969 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. %> CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and /or legal action information. Per B &P 7071.17, only construction related civil judgments reported to the CSLB are disclosed- Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. 3> Due to workload, there may be relevant Information that has not yet been entered onto the Board's license database. License Number: 784969 Extract Date: 03/0912010 _ _ _ AMERICAN ASPHALT SOUTH INC Business Information: P O BOX 310036 FONTANA, CA 92331 .................. ... ...... Business Phone Number: (909) 427 -8276 ............ ._ .............._ _. ....... .... .. ....._... ....... _._ ....... Entity: Corporation Issue Date: 091'2512000 Expire Date: ..'-- --------- .._..._...... OW3812010 _._ .............._.. ..._ ......... ............... ... ..... -'-- --.. ........ .. _..._. License Status: .__........_......_...._. This license is current and active. All information below should be reviewed. _..... .............._....._._... _..............._..._._....._ —. _.._.__..................-- --....__......._.........__... CLASS DESCRIPTION Classifications: A GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed Contractor's Bond number 1883074 in the amount of $12,500 with the bonding company INSURANCE COMPANY OF THE WEST. Effective Date: 01/01/2007 C4nlraGt.O['S Bonding Hrstwy Bonding: BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) ALLAN ANTHONY HENDERSON certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 09118/2003 BQI's Bonding History This license has workers compensation insurance with the SEABRIGHT INSURANCE COMPANY Policy Number: 861103297 Workers' Compensation: Effective Date: 01/01/2010 Expire Date: 01/01/2011 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Conditions of Use i Privacy Policy Copyright © 2010 State of California https: / /www2.cslb.ca.gov /Onli neServices /CbeekLicense /LicenseDetaii .asp ?LicNum = 784... 03/09/2010 Cust Encompass Det Acct. Type: License #: Bus. ID: Name: Owner Name: Owner Phone: Owner Type: Exp. Date: S Addy: S Addy 2: Addr3: Zip: B Addr1: B Addr2: B Addr3: B Zip: Phone: FEIN: SEIN: Established: SIC: Owner #: # of Emps: usr1: ail Business Tax BT30020817 0050863 AMERICAN ASPHALT SOUTH, INC STONE, LYLE 909 -427 -8276 C 9/30/2008 14436 SANTA ANA AVE FONTANA CA 92337 PO BOX 310036 FONTANA,CA 92331 909 - 427 -8276 4781 2132513 9/1/2007 1799 -MISC SPECIAL TRADE CONTRACTORS 0050863 0 351803 usr2: usr3: usr4: usr5: usr6: 466181646 usr7: K Emergency Contact Info Contact: 00000 Phone: 0000 Page 1 of 1 http: / /apps.citynet. newportbeachca. gov/ masterid IENC_detaii.asp ?EID= BT30020817 03/09/2010 yarutca _ FAQs ...... = -; Contact Fnf r tlon - starting A Business - Intematlonol Business Relative Wagram CesWo Alert (misleadmg business. solicitafions) , Business Entity Detail Data is updated weekly and is current as of Friday, March 05, 2010. It is not a * Indicates the information is not contained in the California Secretary of State's databq Fn • If the status of the corporation is "Surrender," the agent for service of process is it p Corporations Code section 2114 for information relating to service upon corpogOg • For information on checking or reserving a name, refer to Name Availability. ._ ..... I! ,Fnr IY. f. if\ Y.rf:1.�.tiM,rfv1..E�r/iArit\fn .- ord�fif Pt'cc_,r ,ni5� rgnJ�, i P6� 4�t�klfl&RCPff.. ��. - ' ... vl . xr .' �. ! '....' . 3R 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2009 -2010 CITYWIDE SLURRY SEAL CONTRACT NO. 4270 INTRODUCTION 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 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 6 -7.4 Working Hours 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 4 4 6 -9 LIQUIDATED DAMAGES 4 6 -11 SEQUENCE OF CONSTRUCTION 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.6 Water Pollution Control 5 7 -8.6.1 Best Management Practices and Monitoring Program 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 7 7 -10.7 Notice to Residents and Temp Parking Permits 8 7 -15 CONTRACTOR LICENSES 8 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 8 9 -3.2 Partial and Final Payment 9 PART 2 - -- CONSTRUCTION MATERIALS SECTION 203 BITUMINOUS MATERIALS 10 203 -5.2 EMULSION - AGGREGATE SLURRY 10 203 -5.2 Materials 10 SECTION 214 PAVEMENT MARKERS 10 214 -4 NONREFLCETIVE PAVEMENT MARKERS 10 214 -5 REFLECTIVE PAVEMENT MARKERS 10 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 11 300 -1 CLEARING AND GRUBBING 11 300 -1.3 Removal and Disposal of Materials 11 SECTION 302 ROADWAY SURFACING 11 302 -4 EMULSTION- AGGREGATE SLURRY 11 302 -4.3 Application 11 302 -4.3.1 General 11 302 -4.3.2 Spreading 11 302 -4.3.4 Application Testing 11 SECTION 310 PAINTING 12 310 -5 PAINTING VARIOUS SURFACES 12 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 12 310 -5.6.7 Layout, Alignment and Spotting 12 310 -5.6.8 Application of Paint 12 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 13 312 -1 PLACEMENT 13 Last saved by acastanon02 /17/2010 9:43 AM E \users\pbw\sbared\contracts \fy 09- 10 \09 -10 slurry seal prognun c- 4270 \specs index c- 4270.doc SP 1 OF 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS p. 06/30/ * \ 2009 -2010 CITYWIDE SLURRY SEAL f, 01,,, CONTRACT NO. 4270 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- 59955); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (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) crack sealing, (5) placing emulsion aggregate slurry seal, (6) installing new traffic striping, pavement markings, and raised pavement markers, and other incidental items of work necessary to complete the work in place." 2 -9 SURVEYING 2 -9.3 Survey Service. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work. SP2OF13 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. 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. Submittals are required for all construction material. SP3OF13 The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' 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. The construction schedule shall clearly show specific dates for each street to be slurry sealed. The Contractor shall provide updated construction schedules upon City's request. The schedule shall include striping. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule. the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 70 consecutive working days after the date on the Notice to Proceed. SP4OF13 The Contractor shall 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 1St (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 0, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th (Christmas Eve), December 25th (Christmas), and December 31 St (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Mondays is a holiday. If January 1St July 4th, November 11th , December 24th, December 25 h or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 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 $123.00 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 $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 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." SP5OF13 6 -11 SEQUENCE OF CONSTRUCTION A. Work shall begin on the west end of Ford Road in the Harbor View area. This will be a test area in order for the contractor to demonstrate proper slurry sealing and acceptable mix design. Lab results will be required before continuation of work. If test results are not favorable, the contractor will need to re -slung and test area until the slurry and mix design meet specifications. B. The Harbor View and Newport Hills areas shall be completed prior to mobilizing to Seaward, then Spyglass Hill, and lastly to Harbor View Hills South. C. Work on Port Seabourne Way shall be scheduled to minimize impacts to Andersen Elementary school drop off and pick up hours and all special events. The contractor will be responsible for coordinating all work adjacent to the school with the schools principle. Andersen Elementary School 1900 Port Seaboume, Newport Beach, CA 92660 (949) 515 -6935 Phone 1 (949) 515 -6821 Fax SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http://www.city.newport- beach.ca. us /pubworks /links. htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. SP6OF13 f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 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. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be SP7OF13 signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall be prepared for: 1. Spyglass Hill Road, Ford Road, Mesa View Drive, Prairie Road, Eastgate Drive, & Port Sutton Drive. Traffic control and detour plans shall 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 arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The 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 signs shall be posted forty -eight hours prior to crack sealing. SP8OF13 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 clearly indicating specific dates in the space provided on the sign when construction operations will start and when construction will be completed. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver an advanced construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. The notice needs to be distributed prior to crack sealing. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" Engineering or a "C -12" Contractor's License. At the start of work and until completion of work, the Contractor and all Sub- contractors shall possess a Business License issued by the City of Newport Beach. SECTION 9-- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Refer to section 6.11 Sequence of Construction. SP8OF13 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 clearly indicating specific dates in the space provided on the sign when construction operations will start and when construction will be completed. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver an advanced construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. The notice needs to be distributed prior to crack sealing. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" Engineering Contractors License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. SECTION 9-- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Refer to section 6.11 Sequence of Construction. SP9OF13 Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs, covering conflicting signs, and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Type I Slurry Seal: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to preparing the roadway surface, removing existing traffic striping and pavement markings, protecting raised pavement markers, providing slurry test report only when initial test results do not meet specifications, placing Type I slurry seal, and all other work items as required to complete the work in place. Item No. 4 Crack Sealing: 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 filling the existing asphalt roadway with a compacted F -AR -4000 asphalt concrete mix and all other work items as required to seal all cracks within the project limits greater than 1/4 ". Item No. 5 Install Pavement Striping and Markings: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for removal of existing striping, installing temporary and permanent pavement striping, markings, and protecting raised pavement markers. Striping shall match existing conditions, and be sprayable thermoplastic. New raised pavement markers must be placed if the existing raised pavement markers are missing or damaged. 9 -3.2 Partial and Final Payment. 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." SP 10 OF 13 PART 2 CONSTRUCTION MATERIALS SECTION 203 - -- BITUMINOUS MATERIALS 203 -5 EMULSION - AGGREGATE SLURRY 203 -5.2 Materials. Replace 1) with the following: "Emulsified asphalt shall be of a quick -set type. It shall be cationic unless otherwise specified and shall conform to the requirements of CQS -1 h of 203 -1.3 (Test Reports and Certification), 203 -3.2, and to the following specifications when tested according to appropriate ASTM Methods: iU �Ifl i .P'tll'it•1�1,Ft7 i�i111ii Furol Viscosity at 77 degrees F sec. 15 50 Sieve Test 0.10 Residue from distillation. % 60 80 Penetration of Residue at 77 degrees F 40 75 Particle Charge Test Positive Replace 2) with the following: "ADDITIVES: Latex - Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company, Inc., or equal approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 2'/2 percent of weight of the emulsified asphalt. Latex- added emulsified asphalt shall be kept in a suspended state by an agitating mixer and mixed every three days. Materials testing shall be performed as directed by the Engineer." Replace in Table 203 -5.2 (B): Sand Equivalent shall range from a value of 55 to a value of 45." SECTION 214 - -- PAVEMENT MARKERS 214 -4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." SP 11 OF 13 PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http: / /www. city. newr)ort- beach.ca.us /GSV /Frachised Haulers.htm." SECTION 302 - -- ROADWAY SURFACING SECTION 302 -4 EMULSION - AGGREGATE SLURRY 302 -4.3 Application 302 -4.3.1 General. Add to this section; "Type I slurry shall be applied at the rate of 9.5 pounds per square yard. At all intersections where the intersecting street does not receive a slurry seal, slurry seal application shall end along a projection of the edge of gutter (or curb face if no gutter exists) of the intersecting street unless otherwise directed by the Engineer." 302 -4.3.2 Spreading. Replace the first sentence of the second paragraph with, "The application of slurry shall not commence until after 8:00 a.m., and the slung shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. on the same day. In case of damage done by vehicles and /or pedestrians upon slurry that has not been sufficiently cured by 3:00 p.m., the Contractor shall replace all of the damaged work at the Contractor's expense and no additional compensation shall be made by the City. Upon the completion of the day's slurry, the street shall be temporary striped." 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 and cracks shall be sealed before any slurry shall be applied." 302 -4.3.4 Application Testing. Add this section: "Upon the Engineer's direction, the Contractor shall slurry seal test sections within the construction limits for each batch of slurry mix. The Contractor shall apply the slurry test sections as directed by the Engineer. No slurry shall be applied until the test slurry sections have been approved the Engineer. SP 12 OF 13 The costs of these slurry tests shall be included in the contract price paid for slung seal and no additional compensation shall be made by the City to the Contractor. Prior to slurry seal application, the results from the Wet track abrasion test (WTAT) shall be provided to the engineer for review and approval." 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 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 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 or slurry seal 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, limit lines and pavement markings, 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. SP 13 OF 13 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. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." F :lusers\PBiMShared\Gontracts%FY 09- 10109 -10 Slurry Seal Program C- 42701SPECS CA270.doc Last saved by Srooks02/17 /2010 9:39 AM JOHN WAYNE a VICINITY MAP NOT TO SCALE YPATRICK L. ARCINIEGA W No. 70740 a PROJECT AREAS * Exp. 06/30/11 ✓tqj` CIVIC �Q CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009 -2010 CITYWIDE SLURRY SEAL PROGRAM of APPROVED a ►& to SENIOR CIVIL ENGINEER DATE R.C.E 70740 DATE 2/5/10 SCALE N.T.S SHT I OF 5 DRAWN TM 1 Ci -4270 1 R- 5995 -S Fop. ' 1p'.A a o 0 il R6 ��� A CANYON � .P t• �F r fi$ � i���i�PC, i.. •'$RY, SX/fFif4D pt �' qi °RD ' RD ! . , .r" pj A68EY - t r r _ rMAR�Gq PL' PO T w:m t � i POR s MOUT PL � pbRT � I '3' RAMSGAPE E t m NEWPORT HILLS DR W _ p _ L ppRr P , Gy ' ANOERSEN L I ` °III aR J� (SEE SHEET 3) o J t ELEMENTARY IE, t (' SCHOOL poRr cnROt `�� ' o DERSTGATE u r ,BPR _ - ..-.. w ,� ' HC+dLgY` CIR NEWPORT HILLS �;. ILL � LS DR E \�. ; f j[ T TY Y-/ v o `�� PATRICK L. �$ .SU77ON ��-, ARCINIEGA ' n 1n DR No. 70740 HARBOR VIEW & NEWPORT HILLS Exp. 06/30/11 - LIMITS OF TYPE I SLURRY SEAL �Tf of D`1E0�� / CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT _ 2z SENIOR CIVIL G EER DATE 2009 -2010 CITYWIDE R.C.E 70740 SLURRY SEAL PROGRAM DATE 2 s I SCALE N.T.s s "T 2 OF 5 DRAWN TM C -4270 I R- 5995 -S (SEE SHEET 2) „'.'I.•` LIMITS OF TYPE I SLURRY SEAL PL- 2WICK'Y .P14 i R IS E. P �. \� CHERBOURG P (SEE SHEET 4) j,, �\ SEAWARD CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009 -2010 CITYWIDE SLURRY SEAL PROGRAM i� i vim, N' ' PATRICK L. ARCINIEGA No. 70740 Exp. 06/30/11 APPROVED SENIOR CIVIL ENGINEER DATE R.C.E 70740 DATE 2/5 /10 SCALE N.T.S SHT 3 OF 5 DRAWN TM Ci-4270 I R- 5995 -S 1....1 :1 nnvn� n nn I ni i LIMITS OF TYPE I SLURRY SEAL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009 -2010 CITYWIDE SLURRY SEAL PROGRAM A 0 a a 9 it NI APPROVED SENIOR CIVIL ENGINEER DATE R.C.E 70740 DATE 2/5/101 SCALE N.T.S I SHT 4 OF 5 DRAWN TM j C -4270 I R- 5995 -S , \ CREEK AAA'drt i�131'.S i ivy ,v v \\ \, \� A LIMITS OF TYPE I SLURRY SEAL HARBOR VIEW HILLS SOUTH CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009 -2010 CITYWIDE SLURRY SEAL PROGRAM DR w I PATRICK L. ARCINIEGA c No. 70740 ` Exp.06/30/11 APPROVED SE 10 CIVIL E INEER U DATE R.C.E 70740 DATE 2/5/101 SCALE N.T.S SHT 5 OF 5 DRAWN TM I C-4270 R- 5995 -S SAN OJ AQUIN HILLS RD ,CATAMARAN .DR fj .1 I � 'BLIJE: KEy u 4 p op tk El G HARBOR VIEW HILLS SOUTH CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009 -2010 CITYWIDE SLURRY SEAL PROGRAM DR w I PATRICK L. ARCINIEGA c No. 70740 ` Exp.06/30/11 APPROVED SE 10 CIVIL E INEER U DATE R.C.E 70740 DATE 2/5/101 SCALE N.T.S SHT 5 OF 5 DRAWN TM I C-4270 R- 5995 -S 0 CITY OF NEWPORT BEACH MAR 2 1 ?All CITY COUNCIL STAFF REPORT fil TnVnInu Agenda March 23, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Alfred Castanon, Associate Civil Engineer 949 -644 -3314 or acastanon @newportbeachca.gov SUBJECT: 2009 -2010 CITYWJPE SLURRY SEAL PROGRAM — AWARD OF CONTRACT NO 270 RECOMMENDATIONS: 1. Approve the project plans and specifications. 2. Award Contract No. 4270 to American Asphalt South, Inc. for the Total Bid Price of $479,000 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $48,000 to cover the cost of unforeseen work. DISCUSSION: At 10:00 a.m. on March 9, 2010, the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $479,000.00 $583,500.00 $606,727.00 $629,500.00 $648,648.00 The low total bid amount is 26 percent below the Engineer's Estimate of $645,000. The disparity between the Engineer's Estimate and the actual bid prices reflect a more favorable construction market. The low bidder, American Asphalt South, Inc., possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities. The work necessary for the completion of this contract consists of distributing construction notices to affected businesses and residents, clearing existing pavement BIDDER Low American Asphalt South, Inc. 2 Valley Slurry Seal Company 3 Pavement Coatings Company 4 Doug Martin Contracting 5 All American Asphalt TOTAL BID AMOUNT $479,000.00 $583,500.00 $606,727.00 $629,500.00 $648,648.00 The low total bid amount is 26 percent below the Engineer's Estimate of $645,000. The disparity between the Engineer's Estimate and the actual bid prices reflect a more favorable construction market. The low bidder, American Asphalt South, Inc., possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities. The work necessary for the completion of this contract consists of distributing construction notices to affected businesses and residents, clearing existing pavement 0 0 200 9-2010 Citywide Slurry Seal — Award of Contract No. 4270 March 23, 2010 Page: 2 surfaces of debris, soils, and other loose materials, removing existing traffic striping, pavement m� rkings, and raised pavement markers, placing emulsion aggregate slurry seat insta[Mg new traffic striping, pavement markings, and raised pavement markers, and other incidental items of work necessary to complete the work in place. Pursuant to the Contract Specifications, the Contractor will have 70 consecutive working days to complete the work throughout various streets within the Harbor View, Newport Hills, Seaward, Spyglass Hill and Harbor View Hills South communities. 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 at the time the project was authorized by the City Council. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Ten days prior to starting work, a City prepared notice will be distributed by the contractor to both residents and businesses. Geotechnical and Material Testing Services: In addition to the contract costs, approximately $21,650 in geotechnical and material testing services is projected for this project and performed under the on -call professional services agreement with GMU Geotechnical, Inc.. Funding Availability: There are sufficient funds available in the following account for the project: Account Description General Fund Proposed uses are as follows: Vendor American Asphalt South, Inc. American Asphalt South, Inc. GMU Geotechnical, Inc. Account Number 7013- C20011011 Total: Purpose Construction Contract Construction Contingency Materials Testing Total: Amount $ 548,650.00 $ 548,650.00 Amount $ 479,000.00 $ 48,000.00 $ 21,650.00 $ 548,650.00 0 0 200 9-2010 Citywide Slurry Seal — Award of Contract No. 4270 March 23, 2010 Page: 3 Prepared by: Alfref Castanon Associate Civil Engineer Attachments: Project Location Maps Submitted by: �Stekfjdn G. Badum � Public Works Director@ NEWPORT HILLS DR W 1 oar tf D L HARBOR VIEW & NEWPORT HILLS LIMITS OF TYPE I SLURRY SEAL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009-2010 CITYWIDE SLURRY SEAL PROGRAM DR E *(PATRICK L.' ARCINIEGA No. 70740 Exp. 06/30/11 z IIx SENIOR CIVIL ENGINEER DATE R.C.E 70740 FE 2/5/10 SCALE N.T.S IS11T 2 OF 5 kWN Tm C-4270 I R-5995-S E O o (SEE SHEET 3) *(PATRICK L.' ARCINIEGA No. 70740 Exp. 06/30/11 z IIx SENIOR CIVIL ENGINEER DATE R.C.E 70740 FE 2/5/10 SCALE N.T.S IS11T 2 OF 5 kWN Tm C-4270 I R-5995-S ------- RAMSEY PL m R 051 PI X z (SEE SHEET 2) i a pDa rm" i 4U �j CHERBOURG i Rl -Ar Lu "Ji . E 5 7 A %v1ss/ Rl ti (SEE SHEET 4) No. 70740 SEAWARD Exp. 06/30/1 CIVI\- LIMITS OF TYPE I SLURRY SEAL 61F m CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT SENIOR CIVIL ENGINEER DATE 2009-2010 CITYWIDE R.C-E 70740 SLURRY SEAL PROGRAM DATE 2 5 10 SCALE SHT DRAWN N.T.S I I TM C-4270 I R-5995—S (SEE SHEET 3) y 0 PORT ARENA WAY LUCEF INT LL SAN JO;AtfQIU,— F LIMITS OF TYPE I SLURRY SEAL H/Lt-s SPYGLASS HILL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009-2010 CITYWIDE SLURRY SEAL PROGRAM Eno APPROVED SENIOR CIVIL ENGINEER R.C.E 70740 PATRICK L.' ARCINIEGA No. 70740 Exp. 06/30/11 f q� '5/10 1 — — N-T.S TIM I C-4270 R-5995-S Y�\ LIMITS OF TYPE I SLURRY SEAL J W JOAQUIN HARBOR VIEW HILLS SOUTH CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009 -2010 CITYWIDE SLURRY SEAL PROGRAM APPROVED HILLS RD V i LS910y ��`" PATRICK L. ARCINIEGA No. 70740 Exp. 06 /30/11 \ � o 8 %+ E 1 i 0 m 0 n 0 i NI SENIOR CIVIL ENGINEER DATE R.C.E 70740 !TE 2/5Z10 SCALE N.T.S SHT 5 OF 5 ?AWN Tm C -4270 I R- 5995 -S