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HomeMy WebLinkAboutC-4604 - 2010-2011 Citywide Slurry SealCelia 6 WO a era �, V OFFICE OF THE CITY CLERK Lellani 1, Brown, MMC November 9, 2012 Mr. Lyle Stone American Asphalt South, Inc. P.Q. Box 310036 Fontana, CA 92131 Subject: 2010-2011 Citywide Slurry Seal - C-4604. Dear Mr. Stone: On November 8, 2011, 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 November 18, 2011. Reference No. 2011000588579. The Surety for the contract is Guarantee Company of North America USA and the bond number is 12072829. Enclosed is the Faithful Performance Bond. Si Leilani L 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 2010 -2411 CITYWIDE SLURRY SEAL CONTRACT NO, 4604 BOND NO, 12072829 Prendum:$3,833.00 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $_3 833.00 being at the rate of $ 7.00!$5.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to AMERICAN ASPHALT SOUTH, INC., a California corporation, hereinafter designated as the "Principal ", a contract for construction of 2010 -2011 CITYWIDE SLURRY SEAL, Contract No. 46004 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. 4604 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREPORE, we, the Principal, and The Guarantee Company of North America USA duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety..) are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Sixty -Six Thousand, Five Hundred and 001100 Dollars ($566,500,00) 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 15 SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part. to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by 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 30 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 14th day of march , 2011. u- The Guarantee Company of North America LISA Name of Surety 1800 Sutter Street Suite 880, Concord, CA Address of Surety (866) 364-6378 Telephone Authori Agent Signature Elizabeth Teats Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MIDST BE ATTACHED 31 ACKNOWLEDGMENT I II MA OI IIAAAeAAfIIII I I A A A I f A A A 09 I I I Y l v v a v v s e v e...A R A P 00 A p v v I I I I I I I I A I I V I A A O Y A.A State of California County of ,9a On X76 5 I .�C Z before me, < x.-_ ,/ � �_r.ksrr , Notary Public, personally appeared ZI, Le proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /aw subscribed to the within instrument and acknowledged to me that hej Ahvy executed the same in his/herJtheif authorized capacity(ies), and that by his /gefthoT signatures(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature RICHARD ENTRIKIN 00 COMM. #18544$1 2 L NOTARY PUBLIC - CALIFORNIA (n BERNARDINO COUNTY O SAN My Comm. Exptec JUL 13. 2073 (seal) l......VIIVIIIVIIVIIIAIFlY.... IOPVIAAIIII \AAIIVIA. 0 IIIIAiy lvpv MI1,MMM..... .....I OPTIONAL WFORMATIOA+ Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO 1 CFO / COO President / Vice - President / Secretary I Treasurer Other: Other Information: 32 Thumbprint of Signer Check here it no thumbprint or fingerprint le available. ACKNOWLEDGMENT *$.A. f... a . 5M......11...s #AtYt.a 0t TS...KR.X**. 1. a..... e c t P*4.99Y[ s..... ilir State of California COUnty Of Butte ) ss. On March 14 2012 before Me, Tami Pieper -Jones Notary Public, personalty appeared Elizabeth Teats proved to me on the basis of satisfactory evidence to be the person(R) whose name(A) is /qfe subscribed to the within instrument and acknowledged to me that hd /she /they executed the same in hiX/her /t*r authorized capacity(i"), and that by W /her /tWir signatures(A) on the instrument the person(4, 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. TAMI PIE7ER CiNES COMM. * 061 S ' NO PUBtICCALIFORNIA ------ --.-_. COUNTY s Nov. BUTTE Comm. Expires N 7, 2013 Signature (seal} Y.•. *mom .........*I.. A A ..1111. I Y ............... I*... 011•. Y f....... Y L.... A n R R n Y•1 Date of Document Type or Title of Document Number of Pages In Document Document in a Foreign Language aPrtarrAC INFORMATIQFr March 14, 2011 Faithful Performance Bond 4 No Type of Satisfactory Evidence: X Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee x Power of Attorney CEO /CFOtCOO President / Vice - President f Secretary / Treasurer Other: Other 33 Thumbprint of Signer Q Check here if no thumbprint or fingerprint is availabie, Chi 41KO3 UWN77�t c OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC ro December 22, 2011 Mr. Lyle Stone American Asphalt South, Inc. Fontana, CA 92331 Subject: 2010 -2011 Citywide Slurry Seal - C4604. Dear Mr. Stone: On November 8, 2011, 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 November 18, 2011, Reference No. 201.1000588579. The Surety for the bond is the Guarantee Company of North America USA and the bond number is 12072829. Enclosed is the Labor & Materials Payment Bond. Leil i I. Brow M C� ~+ 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- beacli.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 20^10 -2011 CITYWIDE SLURRY SEAL CONTRACT NO. 4604 BOND NO. 12072829 Premium:lncluded 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., a California corporation, a hereinafter designated as the "Principal," a contract for construction of 2010 -2011 CITYWIDE SLURRY SEAL, Contract No. 4604 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. 4604 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, The Guarantee company of North America USA duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of Five Hundred Sixty -Six Thousand, Five Hundred and 001100 Dollars ($586,500.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California, The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 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 el. 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, 34 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 14th day of March 2011- AMERICAN ASPHALT SOUTH, INC. Bidder 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 35 Elizabeth Teats, Attorney -in -Fact Fnnt Name and Title ACKNOWLEDGMENT *.....A*A.e............ I . . . . . . . 0,...... A . . aw.a.......*,A...sa 0.....M x . . . . . . . . . State of California County of ,9,,, ,r'f 7c rdvlc } ss. on If 7 before me, Notary Public, personally appeared �y / �x9• who proved to me on the basis of satisfactory evidence to be the person(s) whose name($) isles subscribed to the within instrument and acknowledged to me that helrsgalthvy executed the same in his /b~ authorized capacity(ies), and that by his /Whhetr signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ...... . ................... low ............ I............... 0...4........ MR....... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages In Document Document in a Foreign Language. Type of Satisfactory Evidence; Personally Known with Paper Identification Paper Identification Credible Witnesses) Capacity of Signer. _ Trustee Power of Attorney CEO/CFO/COQ President I Vice- President ( Secretary 1 Treasurer Other: Other Inform BE Thumbprint of Signer Check here ii no thumbprint or fingerprint is aveitablc. RICHARD ENTRIKIN y COMM. #1854481 0 • NOTARY PUOLIC . CAUPORNIA SAX BERNAROM LOil31 N MY CMM, E.PMes 2013 (seal) ...... . ................... low ............ I............... 0...4........ MR....... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages In Document Document in a Foreign Language. Type of Satisfactory Evidence; Personally Known with Paper Identification Paper Identification Credible Witnesses) Capacity of Signer. _ Trustee Power of Attorney CEO/CFO/COQ President I Vice- President ( Secretary 1 Treasurer Other: Other Inform BE Thumbprint of Signer Check here ii no thumbprint or fingerprint is aveitablc. ACKNOWLEDGMENT esss+ s+ A+ RSeTy N+++ 1+ va+ s+ rT++ es+ t++ +a++ + +ss + +++s +x + +e+ :a....0l+s+w P+ + +fw.i•++ +, State of California County of Butte I ss. on March 14, 2011 before me, Tami Pieper -Jone, Notary Public, personally appeared Elizabeth Teats who proved to me on the basis of satisfactory evidence to be the person(o) whose name(,s') is /ve subscribed to the wthin instrument and acknowledged to me that tetshe /tftey executed the some in hA /her /their authorized capacity(W), and that by hislher /tilafr signatures(.K) on the instrument the persorX0, 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 •+ s+ znYllt+ eilr + ++Y+ewl + + +e•iM++++wll ++asewl+ let !, ++4+a+M+++++MRat+ +M ++� ++„ +tl ++ uY +n Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign language OPTIONAL INFORMA77ON March 14, 2011 Labor and Materials Payment Bond 4 .No Type of Satisfactory Evidence: X Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee X Power of Attorney _ CEO / CFCs I COO President Vice - President / Secretary Treasurer — Other: Other 37 Thumbprint of Signer © Chock here if no thumbprint or fingerprint is available. THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Barbara Midstokke, Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Teats, Susan Lee, Barbara Beeny, Nancy Luttenbacher, Phillip O. Watkins, Keith T. Schuler Interwest Insurance Services, Inc. its true and lawful aftorney(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 duty 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 31e0 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 Attomey(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 1 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 duty 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 seat 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 r this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 2nd day of February, 2010. V THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Mussefman, Secretary County of Oakland On this 2ntl 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. Takat IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee mr Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland My Commission Expires February 27, 2012 Acting in Oakland County 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 VATPESS WHEREOF, f have thereunto set my hand and attached the seal of said Company this 14 day of March, 2011 , c° Randall Mussannaa'n, Secretary pRni AM��p Recorded in Official Records, Orange County r.. M k -Recorder RECORDING REQUESTED BY AND.IfIIIWl,klllllllll!IIIIIIIIIIIIIIIIII1111111111111'No FE WHEN RECORDED RETURN TO: 7P;11 hj% 140��2� X579 10:06 am 11/18/11 City Clerk 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 City of Newport Beach Tr;' O F 3300 Newport Boulevard CITV C= ` ';-; .1;:_; = ;^�rif;N Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and American Asphalt South, Inc. of Fontana, CA, as Contractor, entered into a Contract on March 8, 2011. Said Contract set forth certain improvements, as follows: 2010-2011 Citywide Slurry Seal - (C-4604) Work on said Contract was completed, and was found to be acceptable on November 8, 2011, 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. erector rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. 'I-,�� Executed on Vow hv= q, ZQ I I at Newport Beach, California. IK OFFICE OF THE CITY CLERK Leilani I. Brown, MMC November 9, 2011 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: • 2010 -2011 Ocean Piers Maintenance (C -4682) • Balboa Island & Other City Sewer Main Points Repairs (C -3802) • 2010 -2011 Citywide Slurry Seal (C -4604) • Central Balboa Water & Sewer Improvements (C -4067) • Wastewater Pump Station Rehabilitation (C -3804) • Ocean Front Street and Alley Replacement (C -4316) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, oC41� S . NwV-- Leilani 1. Brown, MMC City Clerk Enclosures 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. Inc. of Fontana, CA, as Contractor, entered into a Contract on March 8, 2011. Said Contract set forth certain improvements, as follows: 2010 -2011 Citywide Slurry Seal - {C -4604} Work on said Contract was completed, and was found to be acceptable on November 8. 2011, 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. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on Vbtv� t at Newport Beach, California. BY aN� tL- fMU4-,� City Clerk Q �g,W PORT O F U S °atrsonN'p TO: CITY OF NEWP City COu11C HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949- 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Alfred Castanon, Associate Civil Engineer APPROVED: TITLE: 2010 -2011 City Wide Slurry Seal — Completion and Acceptance of Contract No. 4604 On March 8, 2011, City Council awarded Contract No. 4604 (2010 -2011 City Wide Slurry Seal Project) to American Asphalt South, Inc., for a total contract cost of $566,500.00 plus a 10% allowance for contingencies. The required work is now complete and staff requests City Council acceptance and close out of the contract. RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials Bond 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. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following accounts: Account Description General Fund Gas Tax Water Maintenance Sewer Maintenance St. James Rd. Water Main Replacement Total Construction Cost: Account Number 7013-C2001011 7181- C2001011 5500 -8197 5600 -8197 7511 - 06002009 Amount $ 306,496.42 $192,500.00 $7,740.00 $2,580.00 $26,100.00 $ 535,416.42 - 2010 -2011 City Wide Slurry Seal — Completion and Acceptance of Contract No. 4604 '.h November 08, 2011 Page 2 DISCUSSION: Overall Contract Cost/Time Summary Contract Award Final Cost at Benchmark Actual Contract Time Amount Completion Target Contract Time Under ( -} (days) or Over ( +) $566,500.00 $535,416.42 10% or less 5.5% 70 -28 The work necessary to complete this contract consisted of slurry sealing various streets in the Airport Area, East Santa Ana Heights, Anniversary Tract, Harbor View Hills, Eastbluff, Back Bay, and North Ford communities. The contract also provided for seal coating parking lots at Bonita Creek Park and Eastbluff Park. The final overall construction cost, including change orders, was approximately 5.5% percent below the original bid amount. Work on Back Bay Drive (from Jamboree Road to Eastbluff Drive) was deleted as staff identified storm drain system deficiencies and work restrictions imposed by the Department of Fish & Game due to an endangered species nesting season. Staff will review options for the abovementioned work along with the Department of Fish & Game and schedule slurry seal work for Back Bay Drive in next year's slurry seal project. 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: $ 566,500.00 Actual cost of bid items constructed: $476,748.85 Total change orders: $58,667.57 Final contract cost: $ 535,416.42 There was one change order totaling $58,667.57. This change orders was additional slurry seal work for the Castaways Trail, Utilities Yard parking areas, St. James Road and Kings Place, and re- striping the Newport Place & Dover Drive intersection. A summary of the project schedule is as follows: Estimated Completion Date per 2010 Baseline Schedule: June 27, 2011 Project Awarded for Construction: March 8, 2011 Completion Date from Award with Approved Extensions: August 30, 2011 Actual Substantial Construction Completion Date: July 22, 2011 2010 -2011 City Wide Slurry Seal — Completion and Acceptance of Contract No. 4604 November 08, 2011 Page 3 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301(c). This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. NOTICING: This agenda item has been noticed according to the Brown Act. In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this action. The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Submitted by: d 3 F Z JOHN ^WAYNE VICINITY MAP NOT TO SCALE ((- PATRICK L. ARCINIEGA Na. 70740 PROJECT LOCATION V 06130/11 CIVR � 0 FOa rn1 \E� CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT SENIO CML E NEER DATE 2010 -2011 CITYWIDE R.C.E. 70740 C4064 I R- 6015 -S Attachment A 1 of 11 LIMITS OF SLURRY SEAL STATE ROUTE 73 (SEE SHEET 3) FTATI-NO-Timilliffam CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT - + SENJOk CIVIL E NEER WE R.C.E. 70740 C4604 R- 6015 -S 2 of 11 r LOL SHEET 2) RIS STR ET NORT L STATE ROUTE 73 FIRE __-- -� SN aI (SEE EAST SANTA ANA HEIGHTS LIMITS OF SLURRY SEAL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 CITYWIDE SLURRY SEAL PROGRAM i / \ u t Ling 9 C � Ts FPATRICK L.' ARCINIEGA No.70740 E* 06MIll APPROVED SENIOR CIVIL E NEER DATE R.C.E. 70740 0-4604 I R- 6015 -S 3 of 11 °N'rq�� ,, II I T11- 1H11K1Im E HARBOR VIEW HILLS. LIMITS OF SLURRY SEAL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Ri 01 .. A :11 :0 NO APPROVED l SENIOR CIVIL E NEER DAl'E R.C.E. 70740 C -4604 I R- 6015 -S I3 4 of 11 I �� w' w e 11 IC7 )-I EM LIMITS OF SLURRY SEAL EASTBLU FF ml i a reanylel r 02Y lum 2010 -2011 CITYWIDE SLURRY SEAL PROGRAM s• I �i • i� a [ co z 'PATRICK L. ARCINIEGA No.70740 Exp. 06/30111 SENION CIVIL EKdNEER GATE RC.£. 70740 E .SCALE SHEET ,5 OF 11 b T M C -4604 R- 6015 -S 3 5 of 11 (SEE SHEET 6) CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT SEN10k CIVIL E. NEER DATE 2010 -2011 CITYWIDE R_CfL 70740 SLURRY SEAL PROGRAM DRAWN I N.T.S. 1 7 OF TJm I C-4604 I R- 6015 -S 7of11 IA EM LIMITS OF SLURRY SEAL NORTH FORD CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 CITYWIDE SLURRY SEAL PROGRAM APP.RO(�V \EEDD,ff -�� SENIOR CIVIL E NEER OATS R.C.E. 70740 e N.T.S. 8 OF 11 C-4604 R- 6015 -S CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 CITYWIDE SLURRY SEAL PROGRAM SENIOR CNR EKLGJNEER DATE R.C.E. 70740 C-4604 I R- 6015 -S 9 of 11 E 2- O U", \ .�A CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT SENIOR CIVIL E NEER DATE 2010 -2011 CITYWIDE R.C.E. 70740 " • iI1L C -4604 I R- 6015 -S 11 of 11 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 AM on the 10TH day of February, 2011, at which time such bids shall be opened and read for 2010 -2011 CITYWIDE SLURRY SEAL Title of Project CONTRACT NO. 4604 $634,750.00 Engineer's Estimate �� Stephen G. Badum — Public Works Director Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Mouse Graphics at (949) 5485571 Located at 6591sT. 19th Street, Costa Mesa, CA 92627 / Contractor License Classification(s) required for this project: "A" or "C -12" For further information, call Alfred Castanon, Project Manager at (949) 644 -3314 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://w\/vw.NewportBeachCA.gov CLICK: Online Services / Bidding & Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 CITYWIDE SLURRY SEAL CONTRACT NO. 4604 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ......................................................... ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................9 NON - COLLUSION AFFIDAVIT ........................................... .............................13 DESIGNATION OF SURETIES .......................................... .............................14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD ........................ .............................15 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................18 INFORMATION REQUIRED OF BIDDER ........................................ .............................19 NOTICE TO SUCCESSFUL BIDDER ............................................... .............................22 CONTRACT...................................................................................... .............................23 FAITHFUL PERFORMANCE BOND ................................................ .............................30 LABOR AND MATERIALS PAYMENT BOND .................................. .............................34 PROPOSAL................................................................................ ............................... PR -1 SPECIALPROVISIONS ............................................................. ............................... SP -1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 CITYWIDE SLURRY SEAL CONTRACT NO. 4604 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidders 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. 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 slate or federal chartered bank in California, as the escrow agent. 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. 7 A thorized 8ignature jw"- Y« A:10dwm < ZFv / 54Oe--r&4 Printed// ame and Title of Authorizdrd Signator Date 1)8 11(1lo9// Contractor's License No. & Classification Bidder CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010-2011 CITYWIDE SLURRY SEAL CONTRACT NO. 4644 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 ($loo--- ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2010-2011 CITYWIDE SLURRY SEAL, Contract No. 4604 to the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form($) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 2nd day of Februar , 2011. American As halt South Inc. Name of Contractor (Principal) The Guarantee Company of North Ame ica US Name of Surety uth r' ' Sip; turrN Author' d Agent Signature 1800 Sutter Street, Suite 880 Concord CA 94520 Elizabeth Teats, Attorney -in -Fact Address of Surety Print Name and Title (866) 364-6378 'telephone (Notary acknowledgment of Principal & Surety must be attached) ACKNOWLEDGMENT ■■■ 111. ph■■■■■■■■■ 410 M 5000■ rt•■■■■.Mob■■■■■■.r••■■■■■■.w..■■■•a 5.. n.■.■■■•N NM A•■ -,M! State of California County of Butte ss. On February 2, 2011 before me, Tami Pieper -Jones Notary Public, personally appeared Elizabeth Teats who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ie$), and that by his/her/their signatures($) 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 TAMI PIEPER-)ONES COMM. # 1870515 NOTARY PUBLIC -CALIFORNIA COUNTY OF BUTTE j ��� Comm. Expires Nov. 7, 2013 Signature (seal) ... w M • ■ • . ■ ■ ... r ..... ■ . A r ■ ..... r .. .. ■ . ■ ... ■ • . . r r ■ .. ■ ... r . ■ ... n .. ■ . .. M M ....... 1 OPTIONAL INFORMATION Date of Document February 2, 2011 _ Thumbprint of Signor Type or Title of Doournent Number of Pages in Document Document in a Foreign Language Bid Bond 1 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 / Vice -President / Secretary / Treasurer Other: other Information: F] Check 1106 If no thumbprint or fingerprint is available. THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Barbara Midstokke, Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Teats, Susan Lee, Barbara Beeny, Nancy Luttenbacher, Phillip O. Watkins, Keith T. Schuler Interwest Insurance Services, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31s` 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't 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. On this 2nd 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. 1. .�. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee r r Notary Public, State of Michigan Company of North America USA offices the day and year above written. sW' County of Oakland My Commission Expires February 27, 2012 Acting in Oakland County 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 2 day of February 201 1 J npNTEE CO �w 7 Randall Musselman, Secretary �RTFI AMER�GP IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused GJPp,,NTEf 00*' this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 2nd day of February, 2010. THE GUARANTEE COMPANY OF NORTH AMERICA USA p ya ~�R%//AMEP�� I STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 2nd 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. 1. .�. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee r r Notary Public, State of Michigan Company of North America USA offices the day and year above written. sW' County of Oakland My Commission Expires February 27, 2012 Acting in Oakland County 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 2 day of February 201 1 J npNTEE CO �w 7 Randall Musselman, Secretary �RTFI AMER�GP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. ic' County of .51= n 6r' i-),, 41 -1e:; J On 5G bD ZD // before me, 5e, r Dale Name and Title of Officere. ( g., "Jane Doe, Notary Public" personally appeared i y jr. RI HARD ENTRIKIN .� .�... o vNj COMM. #1854481 NOTARY PUBLIC - CALIFORNIA SAN BERNARDINO COUNTY N My COMM. Expires JUL. 13, 2013 ,Wi Name(s) of Signer(s) X proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) j are subscribed to the within instrument and acknowledged to me that /they executed the same in bi /I ef/their authorized capacity(ies), and that by _1)4sYhi5r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 • www.nalionalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010-2011 CITYWIDE SLURRY SEAL CONTRACT NO. 4604 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: (i. C: �iurr S¢r,�.�:�� Lt A IC 16' Address: X/ 2 �� �` rye/ �^ L � / �� 5i , 7j 4 a �a 9J7d�' Phone: 171 Y'-' yV�/- ZDbO State License /Number: Name: Address: � 71-7 61 �t� �� ✓���r ��r ����� .-,�� ..� rn'p, s o?r 5 n%'�oi'�t• LSA Phone: V01 _ �� s. p;C/ .� State License Number: ey z� ,Y gr Name: Address: Phone: State License Number: Aer;eaof/ ,41,,1 ��/!X .7o -4C V�w ai; Bidder Au orized Signature/Title / 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010-2011 CITYWIDE SLURRY SEAL CONTRACT NO. 4604 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name: WIPerle-em I-rid4/1 9&141. .rd,' 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 .S/urn, gea/ PrograVN hscnil year BWll&,ied Project Description 9/Um, g�Ct e �7T►��%'�/� Approximate Construction Dates:: Fi__1.011To �: Agency Name C?Ti Uf 0C0L✓I Awl'I Contact Person AlUre /qr✓krodCZ Telephone ( �.�✓f'�f�o 'Y��� / bd �1 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) oc to ne uieo / n4 der l5wo ,, LAa / �• r/ ' ovo/ 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. An 9 No. 2 Project Name/Number Project Description 55 OW4 '44 4 / 15/veyy .S� / r Z Approximate Construction Dates: From Agency Name To: -Aele' o7010 12 / A?cw Contact Person Telephone Original Contract Amount $ ��Oy/aminal Contract Amount $ ��0 7�01�5 If final J. is different fro --//m on�gincl, please explain (change orders, extra work, etc.)1-6 teal alor'�- tow 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. div, il/o, No. 3 Project Name/Number Project Description A/ is/r , 151 / A; /, lea<�✓tet / Approximate Construction Dates: From: To: �%�e. �o�o A Agency Name Contact Person �o%za I;t'ri Telephone om) 9%�-e-oe9Y Original Contract Amount $9104dSkinal Contract Amount $ AOff, ��8 ✓� If final amount is different from original, please explain (change orders, extra work, etc.) .�p�ihs 041 �%�i4h4 �/ !,104 -- 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. /U we 10 No. 4 Project Name/Number ccl AY MOD9-/D Project Description —91()rvv sea� Aq/ ge Approximate Construction Dates: From: To: Agency Name Contact Person 6/06 04 Telephone ft,Sj) �9� o Original Contract Amount $)W.04iinal Contract Amount $ ���'�✓�. O� If final amount is 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. 1610 40,, No. 5 Project Name/Number Project Description ?,ot,0 / ,=9-/D Approximate Construction Dates: From:, To: Scf�`• -*/d Agency Name Contact Person !�/Q0 Telephone Original Contract Amount $4Ai�yd.inal Contract Amount $ ��•� 09./ If final amount is different from original, please explain (change orders, extra work, etc.) Ir,�v�p i�► ✓lure► Ste/ 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. A0 1166, 11 No. 6 Project Name/Number Project Description Yly, 0// 5111ny Sc� / / Gnd Jl. Approximate Construction Dates: From: 044 To:.01 Agency Name 4�/� y�,/ lr'o1;os Contact Person Clv/ef ofe// Telephone w Original Contract Amount $��Fs,3✓�� Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) 2-✓ mteo� Wiww,47z D ie flora f�//!4 Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. /0 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. ,Aenea t.4411 f�� K� ���� Bidder Authorized ignature/Titl Pe 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 PROJECT SUPERVISOR: JOSE SALINAS EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 1998-2008 & 2010 TO PRESENT MIXER -OPERATOR: JAIME SALINAS EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2004 -PRESENT MIXER -OPERATOR: 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 2010-2011 CITYWIDE SLURRY SEAL CONTRACT NO. 4604 NON -COLLUSION AFFIDAVIT State of California ) SS. County of ) f ` 2" 41e. oe being first duly sworn, de os s and says that he or she is of rC of�the party making the foregoing bid; that the bids not made in the interest of, or on'behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. //W;e12?4 �llh��i�.lcjrrt�; Zoe Bidder Auth ri�d� gign tuL r e Jrl�rJ: Piear y,�✓;f,� �errr� Subscribed and sworn to (or affirmed) before me on this day of f���ya�1� 2010 by �Pt!- ?,-7y4 yle -ons proved to me on the basis of satisfactory evidence to be tfie person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public R I C HAP 6 ENTRIKIN [SEAL] � COMM. #1854.481 NOTARYPUBLIC- CALIFORNIA M Commission Ex SAN BERNARDINO COUNTY N y Expires: J&V 21)1j My Comm. Expires JUL. 13, 2013 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010-2011 CITYWIDE SLURRY SEAL CONTRACT NO. 4604 DESIGNATION OF SURETIES Bidders Name: 424 oO 170x. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): 14 BROKERS & SURITIES FROM WHOM THE BIDDER INTENDS TO PROCURE INSURANCE AND BONDS BONDING AGENT: INTERWEST INSURANCE SERVICES, INC. 1357 E. LASSEN AVENUE CHICO, CA 95973 (530)897-3154 SURETY COMPANY: GUARANTEE COMPANY OF NORTH AMERIC, USA 1800 SUTTER STREET, SUITE 725 CONCORD, CA 94520 (925)566-6040 INSURANCE AGENT: INTERWEST INSURANCE SERVICES, INC. 368 E. YOSEMITE AVENUE, SUITE 100 MERCED, CA 95340 (209)724-2324 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010-2011 CITYWIDE SLURRY SEAL CONTRACT NO. 4604 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name: �?��ahlo�a�� J1Y/t! Adie. 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 Year of for for for for for Record 2010 2009 2008 2007 2006 Total 2011 No. of contracts l0 1 Total dollar Amount of Contracts (in ,�3 .� i 7 l Thousands of $� No. of fatalities No. of lost Workday Cases 0 Q O No. of lost workday cases involving permanent transfer to 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 Business Address Business Tel. No. State Contractor's License No. and Classification: Title __,Aep. ala/1iv�� AWa ria vP � 9zMr-1 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 10% Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set forth along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose names are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT AND CORPORATE SEAL MUST BE ATTACHED] 16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT OPTIONAL Though the information below is not required b law, it may rove valuable to persons relying on the document and could prevent 9 4 Y YP P Y 9 r: fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Ih Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER © 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth. CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 State of California County of 54. rt J r' i ! iCa tt/ r� ss. S, �14 ill k1 7Z� On /"C 4 before me, rd C�n /i > V Date Name and Title of Officer (e.g..'Jane Doe. Notary Public" personally appeared 1-V16 f�; acs rs --7el Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) krare 'ENTRIPIRNI subscribed to the within instrument and RICHARD acknowledged to me that het /they executed COMM. #1854481 v the same in W/bA<their authorized g • r► NOTARYPUBLIC- CALIFORNIA 0) capacity(ies), and that by _J;pela r/their p SAN BERNARDINO COUNTY Nsignature(s) MY Comm. Expires JUL. 13, 2013 r natures on the instrument the or g person(s), ) r;! the entity upon behalf of which the person(s) a acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required b law, it may rove valuable to persons relying on the document and could prevent 9 4 Y YP P Y 9 r: fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Ih Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER © 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth. CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010-2011 CITYWIDE SLURRY SEAL CONTRACT NO. 4604 ACKNOWLEDGEMENT OF ADDENDA Bidders Name: lAmepialy) The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010-2011 CITYWIDE SLURRY SEAL CONTRACT NO. 4604 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: '14ydC4✓i AL1A11,CV1,1 GdJI. JF Business Address: /W-, Sft A IY,W 4�r1?, ey Telephone and Fax Number: 60% myl?e &&���� California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) D Original Date Issued: &�.&./ lei Expiration Date: List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: r 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 1,40 /,lnclmm .I&Iicl h/ 2-717 14�5 ///; 7 0 )0&IGA0/ Zvle J"'V/0c j�cn�4 Corporation organized under the laws of the State of �,O' Ai rwq The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: laot. iR All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: hf9e. 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: •t�64e. Briefly summarize the parties' claims and defenses: 4&% W Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /0 Are any claims or actions unresolved or outstanding? YesNo If yes to any of the above, explain. (Attach additional sheets, if necessary) 20 Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. A�e, Bidder 00 (Print name Owner or President of Corporation/Company) uth�� S;�q ture/Title Vce Title ,c10,0#2, 4-- 4 tai/ Date Of Of On e6 8 20before me, c%lel Ire, Yr,,Ei� Notary Public, personally appeared 1` e_ , who proved to me on the basis of satisfact ry evidence to be the person(s) whose name(s)je—are subscribed to the within instrument and acknowledged to me that Lm/sly/they executed the same in bieb.erftheir authorized capacity(ies), and that by >i-8/ISP/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and for said State My Commission Expires --J 21 (SEAL) .�:��.�,,, N ;,r. o $ (] RICHARD ENTRIKIN COMM. #1854481 NOTARY PUBLIC - CALIFORNIA SAN BERNARDINO COUNTY � ] My Comm. Expires JUL. 13, 2013 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 CITYWIDE SLURRY SEAL CONTRACT NO. 4604 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 U FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 CITYWIDE SLURRY SEAL CONTRACT NO. 4604 CONTRACT THIS CONTRACT FOR PUBLIC WORKS ( "Contract ") is entered into this day of , 2011, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City( "City') and AMERICAN ASPHALT SOUTH, INC., a California corporation ( "Contractor"), is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 2010 -2011 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) placing seal coat, (7) installing new traffic striping, pavement markings, and raised pavement markers, and other incidental items of work necessary to complete the work in place WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4604, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. pal 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 Five Hundred Sixty -Six Thousand, Five Hundred and 00/100 Dollars ($566,500.00). 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 CONTRACTOR City of Newport Beach AMERICAN ASPHALT SOUTH, INC. Public Works Department P.O. Box 310036 3300 Newport Boulevard Fontana; CA 92331 PO Box 1768 909- 427 -8276 Newport Beach, CA 92658 909 - 427 -9279 Fax Attention: Alfred Castanon (949)644-3314 INSURANCE Without limiting Contractor's indemnification of City, and rip or to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Coverage and Limit Requirements. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in 24 accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury; and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. C. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. d. Builders Risk. For Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100 %) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and /or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions. a. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: 25 i. City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self- Insured Retentions. Contractor agrees not to self- insure or to use any self - insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to City. If contractor's existing coverage includes a self- insured retention, the self- insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. f. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. g. Waiver. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall 26 specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Requirements not Limitinq. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. j. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and/or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. I. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. G. RESPONSIBILITY FOR DAMAGES OR INJURY 1. 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. 27 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by the Contractor. 3. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 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. M-1 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH OFFICE qV THE/ CITY ATTORNEY A California Municipal Corporation and Charter Date: Leonie Mulvihill Assistant City Attorney ATTEST: q - I Date: IN Q hm=- Leilani I. Brown City Clerk -.dow"Nob., City Date: J4 Michael F. Henn Mayor AMERICAN ASPHALT SOUTH, INC. A California corporation PAPER (Corporate Officer) Title: 467 ` - -91 Print Name: L✓�G Date: 4rc� By / (FihancialOfficer) Title: V�Ce AmpWeo/- Print Name,:: Tye;�' IDeI'yt. Date: 29 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California as. County of 1i:70 On /"17 d0 // beforeme ,ifttt/ r Dele Name aM TWO of Oetov 1 I;.. `3a^e Dae, Notary P kii 1 personally appeared &.)e 4 Name(s) of Sq ter(s) ,X proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /pW subscribed to the within instrument and acknowledged to me that he /Spedbey executed the same in his /he%Jheir authorized capacity(ies), and that by his/her /thee 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. Sgnafure d NoW1' PONk OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this torn 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: e ❑ Individual Top of thumb here ❑ Corporate Officer— Title(s): O Partner —❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I, 1. ®1999 Nafionaf N.W, Assodatlon • 9360 De Soto Ave., P.O. Box 2402 • Chatsw nh. CA 91313-24(2-w ,Oa6onalnolary.org Prod. No. 5907 Remdeo Ce3 ToP.Fm 1.8068166821 RICHARD EN IKIN y COMM. 01854481 t7 K NOTARY PUBLIC- CALIFORNIA ch Q SAN BERNARDINO COUNTY N My Carom. Espies JUL. 13, 2013 ,X proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /pW subscribed to the within instrument and acknowledged to me that he /Spedbey executed the same in his /he%Jheir authorized capacity(ies), and that by his/her /thee 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. Sgnafure d NoW1' PONk OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this torn 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: e ❑ Individual Top of thumb here ❑ Corporate Officer— Title(s): O Partner —❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I, 1. ®1999 Nafionaf N.W, Assodatlon • 9360 De Soto Ave., P.O. Box 2402 • Chatsw nh. CA 91313-24(2-w ,Oa6onalnolary.org Prod. No. 5907 Remdeo Ce3 ToP.Fm 1.8068166821 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 CITYWIDE SLURRY SEAL CONTRACT NO. 4604 BOND NO, 12072829 Premium:$3,833.00 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3.833.00 being at the rate of $ 7.00 /s5.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, Slate of California, by motion adopted, awarded to AMERICAN ASPHALT SOUTH, INC., a California corporation, hereinafter designated as the "Principal ", a contract for construction of 2010 -2011 CITYWIDE SLURRY SEAL, Contract No. 4604 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. 4604 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and The Guarantee Company of North America USA duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Sixty -Six Thousand, Five Hundred and 001100 Dollars ($566,500.00) 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; othenuise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attomeys 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 30 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 14th day of March 2011. OmeLiGdra acph t�Utb, Inc. Bidder The Guarantee Company of North America USA Name of Surety 1800 Sutter Street Suite 880, Concord, CA gr Address of Surety (866) 364 -6378 Telephone NOTARY ACKNOWLEDGMENTS OF ATTACHED 31 Z� g� naure q-, Aujp ry e _g e t/K IT Authori Agent Signature Elizabeth Teats, Attorney -in -Fact Print Name and Title AND SURETY MUST BE ACKNOWLEDGMENT .........a Pa R1 .......... ............................... 0......................I State of California County of Js, On j-1-2-;: /5 . �)o // before me, Notary Public, personally appeared 4" who proved to me an the basis of satisfactory evidence to be the person(s) whose name(s) is/pro' subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her /their authorized capaeity(ies), and that by his /he6hheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature RICHARD ENTRIKIN i comm. #185"81 3 a �+ NOTARY PUBLIC - CALFORNIA y COUNTY SAN BERNARDINO rJ My Comm. E.p m JUL 13.3013 (Seal) .................................... ............................... P........... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification _ Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEOICFO /COO President I Vice - President / Secretary I Treasurer Other: Other Information: kN Thumbprint of Signer Cherie here If no thumbprint or fingerprint i4 a ilahle. ACKNOWLEDGMENT .....v...vvv....u.v......... na e v v..........vea.o4e.... v v. v........ q py v. v....... State of California County Of Butte ss. On March 14, 2011 before me, Tami Pieper-Jones Public, personally appeared Elizabeth Teats Notary .who proved to me on the basis of satisfactory evidence to be the person(o whose name(At) islafe subscribed to the within instrument and acknowledged to me that hO /shelthZy executed the same in hVlher /ffiAir authorized capacity(ige), and that by Wher /twir signatures(.) on the instrument the person(4, 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. TAMI PIEPER -JONES ® COMM. # 1870615 NOTARY PUBLIC - CALIFORNIA Q COUNTY OF BUTTE Comm. Expires Nov. 7, 2013 Signature (seal) ................................................ ........•...................... Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION March 14, 2011 Faithful Performance Bond 4 No 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 I Vice- President I Secretary 1 Treasurer Other: Other 33 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 CITYWIDE SLURRY SEAL CONTRACT NO. 4604 BOND NO. 12072829 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., a California corporation, a hereinafter designated as the "Principal; a contract for construction of 2010 -2011 CITYWIDE SLURRY SEAL, Contract No. 4604 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. 4604 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, The Guarantee company of North America USA duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Five Hundred Sixty-Six Thousand, Five Hundred and 001100 Dollars ($566,500.00) 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, finely 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. 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, 34 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 14th day of March , 2011. AMERICAN ASPHALT SOUTH, INC. Bidder 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 35 Elizabeth Teats, .Attorney -in -Fact Print Name and Title ACKNOWLEDGMENT ............................... ............................... a...... I......... State of California County of. 9; � B?rl ce, r,&o } Ss. On T-j; „ /_:�7 , ,�// before me, Notary Public, personally appeared i • S ?<, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /.are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /them authorized capacity(ies), and that by his /her /thetr signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature RICHARD ENTRIKIN c S v • NOTARY gJBLICt ALW.ORN y Q SAN BERNARDINO COUNTY My Comm. EON" JUL 13,20M f (seal) ................................................ ..............................I OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification ^ Paper Identification Credible Witness(es) Capacity of Signer. Trustee _ Power of Attorney CEO /CFO /COO President I Vice- President I Secretary I Treasurer Other: Other Information: C Thumbprint of Signer ❑ Check here it no thumbprint or lingerpnnl is avellable. ACKNOWLEDGMENT PP .......... ............................... PPP.. P....... P P. v........ P.. e.. P.... State of California County of Butte ) ss. Cin March 14, 2011 before me, Tami Pieper - .tones Notary Public, personally appeared Elizabeth Teats who proved to me on the basis of satisfactory evidence to be the personal whose name(z) is /we subscribed to the within instrument and acknowledged to me that 4elsheltttey executed the same in hAlher /thpir authorized capacity(ie�g), and that by hialher /thafr signatures(e) on the instrument the person(a), 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 TAM[ PIEPER -)ONES COMM. # 1870615 NOTARY PUBLIC -CALIFORNIA r COUNTY OF BUTTE Comm. Expires Nov. 7, 2013 (seal) ...... I .......... .........e....na............... s n.. e..... v. v v. a P . . . . . e o o.. o..1 Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION March 14, 2011 Labor and Materials Payment Bond 4 .No 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 I Vice- President I Secretary 1 Treasurer Other: Other 37 Thumbprint of Signer Checli here if no thumbprint or fingerprint is available. THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield. Michigan, does hereby constitute and appoint Barbara Midstokke, Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Teats, Susan Lee, Barbara Beeny, Nancy Luttenbacher, Phillip O. Watkins, Keith T. Schuler Interwest Insurance Services, Inc. its We and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attomey(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 313' 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. y4' L THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Vice President Y Randall Musselman, Secretary County of Oakland On this V 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. -=a- 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 Oakand ..-- j:.. My Commission Expires February 27, 2012 n Acting in Oakland County 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 WITI$IESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 14 day of March, 2011 Randall Musselman, Secretary y�RMnMEa °P 03/09/2011 WED 12:09 FAX March 9, 2011 0001/002 PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director All American Asphalt South, Inc. Via Facsimile: 909- 427 -8279 14436 Santa Ana Avenue Fontana, CA 92337 Subject: 2010 -2011 Citywide Slurry Seal Contract No. 4604 Notification of Award Gentlemen: On March 8, 2011, the City Council of the City of Newport Beach awarded the above referenced contract to your firm. Enclosed please find two sets of the contract documents. Please execute both copies and provide the required insurance and bonding requirements. Please note: The City of Newport Beach is a self - insured municipality and -our insurance certificate requirements are non- standard and generally require additional wording and endorsements. Please provide a copy of the insurance socton (F) of the contract to your insurance.provider so tli'at'th.ey can supply the proper certificates and endorsements. Modification to these requirements will not.b.e considered. Please return as a complete package, both copies of the contract and all original insurance certificates and endorsements to the City of Newport Beach, Public Works Department, no later than Wednesday, March 23, 2011, to the attention of: Shauna Lyn Oyler Public Works Specialist Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 This will allow time for the City of Newport Beach to obtain approval of your insurance certificates and endorsements and execute the contract. The Contractor shall not commence work until a "Notice to Proceed" has been issued by the City. 3300 Newport Boulevard Yost Office Box 1768 - Newport Beach. Califomia 92658 -8915 Telephone: (949) 644 -3311 - Fax: (949) 644 -331.8 • www.newportbeachca.gov 03/09/2011 WED 12:09 FAX 2002/002 Failure to enter into the contract within 30 calendar days or to conform to any of the stipulated requirements shall be just cause for the annulment of the award and forfeiture of the bidder's security. In the event the bidder to whom an award is made fails or refuses to execute the contract or submit the required insurance and bond documents within the said time, the City may declare the bidder's security forfeited, and may award the work to the next lowest responsible bidder, or may call for new bids. Upon approval of the insurance documents and execution of the contract by the City of Newport Beach, the distribution of the contracts will then be (1) City Clerk and (2) Contractor. Very truly yours, i A(fr )d Castanon Project Manager r:\ Users \PBw\ Shares '.ContractcL'AASTERS1CONl'RACI SET UP \LETTER -NOTIFICATION OF AWARD- NEW.dec Page 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT i L� FoaN/ ADDENDUM NO. 1 2010 -2011 CITYWIDE SLURRY SEAL CONTRACT NO. 4604 DATE: JANUARY 27, 2011 BY: Public Works Director TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. PROPOSAL Replace Proposal with the attached Addendum No. 1 Proposal which modifies bid item no. no. 3 and 4- Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. 1 have carefully examined this Addendum and have included full payment in my Proposal. lle%<ah �� /� Holz Bidder's Name p( lease Print) �2°d ✓U4� p , xo// Dates hee Pw;d`evi Signature & Title 13users\ pbw \shared\mntracts\fy10- 11 \10 -11 slurry seal program c-4604\addendum no. 7.doc ADDENDUM NO. 1 — PR 1 OF 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 2010 -2011 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 4604 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. 4604 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 1A. Lump Sum Mobilization Dollars and 3660 ✓ ✓_ Cents $ r `o Per Lump Sum 1B. Lump Sum Additional Mobilization (Back Bay Slurry Seal) @ tt.•� s� << / Dollars and c Cents $ .4t%c& . rr> Per Lump Sum 2. Lump Sum Traffic Control @1" G,� �lx ✓s.,�,! Dollars and 11,/: Cents $ Per Lump Sum 3. 3,600,000 S.F. Type I Slurry Seal Dollars and ✓-i Inc' Cents $ `% $ 32 . D r� Per Square Foot ADDENDUM NO. 1 - PR 2 of 2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 75,000 S.F. Asphalt Based Sealcoat (Parks- Parking Lots) @ iYn Dollars and ecru — Cents $ . / $ Per Square Foot 5A. Lump Sum Crack Seating Dollars and H� Cents $ 3 J, Ott. bt Per Lump Sum 5B. Lump Sum Crack Sealing (Parks - Parking Lots) "Aet Sr ,T 1 Dollars and All, Cents $ 5 Per Lump Sum 6. Lump Sum Install Pavement Striping and Markings dhc' b ✓ir wc� and ✓ ✓v Cents $ 3zo Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and V, Cents Date - r3pem RIMG Bidder's Telephone and Fax Numbers �Iewr w Bidder's License No(s) and Classification(s) Bidder's email address: 5�.G . s ",00 - Ga Total Price (Figures) Bidder Z4 adder's 6uthorized Signatu a and Title /wA/ 51yiri fib ,fin; ,�-ri l;�a; 3� Bidder's Address 6 -7 PUBLIC WORKS DEPARTMENT 6 -7.1 INDEX 6 -7.2 FOR 6 -7.4 SPECIAL PROVISIONS 2010 -2011 CITYWIDE SLURRY SEAL CONTRACT NO. 4604 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 P t 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 10 203 -9 SEALCOAT - ASPHALT BASED 11 203 -9.1 General 11 SECTION 214 PAVEMENT MARKERS 11 214 -4 NONREFLCETIVE PAVEMENT MARKERS 11 214 -5 REFLECTIVE PAVEMENT MARKERS 11 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 12 302 -8 SEALCOAT FOR MISCELLANEOUS AREAS 12 SECTION 310 PAINTING 12 310 -5 PAINTING VARIOUS SURFACES 12 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 12 310 -5.6.7 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 2010 -2011 CITYWIDE SLURRY SEAL CONTRACT NO. 4604 INTRODUCTION SP 1 OF 14 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- 6015 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (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) placing seal coat, (7) installing new traffic striping, pavement markings, and raised pavement markers, and other incidental items of work necessary to complete the work in place." 2 -9 SURVEYING 2 -9.3 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. SP2OF14 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 -3.2 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 ............. ............................... 15 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 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. SP3OF14 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 crack sealing and 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. SP4OF14 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 151 (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 251h (Christmas), and December 31st (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monda� is a holiday. If January 151 July 4th, November 11th, December 24th, December 25 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." SP5OF14 6 -11 SEQUENCE OF CONSTRUCTION A. Work shall begin on Acacia Street in the East Santa Ana Heights community. This will be a test area in order for the contractor to demonstrate proper slurry sealing and acceptable mix design. Lab results will be required before continuation of work. If test results are not favorable, the contractor will need to re -slurry the test area until the slurry and mix design meet specifications. B. East Santa Ana Heights and the Airport area shall be completed prior to mobilizing to Eastbluff, then North Ford, Harbor View Hills and lastly to Back Bay. Due to California Department of Fish and Game restrictions, work in Back Bay will only be allowed from August 3151 to March 15i. After work has been completed in North Ford, a second mobilization will be required in order to complete the work during the dates noted above. C. Sealcoating work for Bonita Creek Park, and Eastbluff Park shall be scheduled between 3/29/11 thru 4/15/11 (Thursday & Fridays Only) to minimize impacts with the City of Newport Beach Recreation & Senior Services scheduled classes and sporting events. 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. f. Providing measures to capture or vacuum -up water contaminated with construction debris. SP6OF14 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 plan from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall be prepared for the following locations: SP7OF14 1. Airport Area: a. MacArthur Blvd at Corinthian Way b. MacArthur Blvd at Newport Place Drive c. MacArthur Blvd at Bowspirit Drive d. Bristol Street North at Dove Street e. Bristol Street North at Spruce Street f. Campus Drive at Quail Street g. Campus Drive at Dove Street h. Birch Street at Dove Street i. Birch Street at Quail Street 2. East Santa Ana Heights: a. Fire Station located at Mesa Drive and Acacia Street b. Bristol Street South at Spruce Avenue 3. Harbor View Hills: a. Bonita Canyon Drive at Mesa View Drive b. Bonita Canyon Drive at Prairie Road c. Ford Road at Newport Hills Drive West 4. Eastbluff: a. Corona Del Mar High School 5. Back Bay Drive: a. Back Bay Drive at the following locations: Jamboree Road, Newport Dunes, San Joaquin Hills Road and Eastbluff Drive 6. North Ford: a. Post Office located at Camelback and La Felicidad Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 7. 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. S. All advanced warning sign installations shall be reflectorized and /or lighted. SP8OF14 9. 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. 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. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. The notice needs to be distributed prior to crack sealing. SP9OF14 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. 1A Mobilization: Work under this item shall include providing bonds, insurance and financing, preparing the SWPPP or BMP Plan and construction schedule, demobilization and all other related work as required by the Contract Documents. Refer to section 6.11 Sequence of Construction. Item No. 1B Additional Mobilization (Back Bay Slurry Seal): Work under this item shall include providing bonds, insurance and financing, preparing the SWPPP or BMP. Plan and construction schedule, demobilization and all other related work as required by the Contract Documents. Refer to section 6.11 Sequence of Construction. 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. SP 10 OF 14 Item No. 3 Type I Slurry Seal: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to preparing the roadway surface, removing existing traffic striping and pavement markings, protecting raised pavement markers, providing slurry test report only when initial test results do not meet specifications, placing Type I slurry seal, and all other work items as required to complete the work in place. Item No. 4 Asphalt Based Sealcoat (Parking Lots): Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to preparing the roadway surface, removing existing traffic striping and pavement markings, protecting raised pavement markers, providing sealcoat test report only when initial test results do not meet specifications, placing two coats of asphalt based sealcoat, and all other work items as required to complete the work in place. Item No. 5A 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. 5B Crack Sealing (Parking Lots): 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 1/8 ". Item No. 6 Install Pavement Striping and Markings: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for removal of existing striping, installing temporary and permanent pavement striping, markings, and protecting raised pavement markers. Striping shall match existing conditions, and be sprayable thermoplastic. New raised pavement markers must be placed if the existing raised pavement markers are missing or damaged- 9-3.2 Partial and Final Payment. Add to this section: 'Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 203 - -- BITUMINOUS MATERIALS SP 11 OF 14 203 -5 EMULSION - AGGREGATE SLURRY 203 -5.2 Materials. Replace 1) with the following: "Emulsified asphalt shall be of a quick -set type. It shall be cationic unless otherwise specified and shall conform to the requirements of CQS -1 h of 203 -1.3 (Test Reports and Certification), 203 -3.2, and to the following specifications when tested according to appropriate ASTM Methods: Minimum Maximum Furol Viscosity at 77 degrees F sec. 15 50 Sieve Test 0.10 Residue from distillation. % 60 80 Penetration of Residue at 77 degrees F 40 75 Particle Charge Test Positive Replace 2) with the following: "ADDITIVES: Latex - Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company, Inc., or equal approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion 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." 203 -9 SEALCOAT- ASPHALT BASED 203 -9.1 General Add to this Section: "Asphalt based sealcoat product shall be as manufactured by GuardTop or approved equal." SECTION 214 - -- PAVEMENT MARKERS 214 -4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." PART 3 SP 12 OF 14 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. newport- 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 slurry shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. on the same day. In case of damage done by vehicles and /or pedestrians upon slurry that has not been sufficiently cured by 3:00 p.m., the Contractor shall replace all of the damaged work at the Contractors 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. The costs of these slurry tests shall be included in the contract price paid for slurry seal and no additional compensation shall be made by the City to the Contractor. Prior to SP 13 OF 14 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 14 OF 14 The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." F: \Users \PBW \Shared\Contracts \FY 09- 10 \09 -10 Slurry Seal Program C- 4270 \SPECS C- 4270.doc Last saved by Srooks0l /18/2011 5:25 PM CERTIFICATE OF INSURANCE CHECKLIST C4 of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 3 -16 -11 Dept. /Contact Received From: Shari Rooks Dale Completed: 3 -17 -11 Sent to: Shari Rooks By: Joel Company /Person required to have certificate: American Asphalt 1. GENERAL LIABILITY A. INSURANCE COMPANY: Financial Pacific Ins. Company B. AM BEST RATING (A-: VII or greater): A: VIII C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $1 M Occ /$2M Aggregate E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. 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 I. 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. New Acord wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Financial Pacific Ins. Company B. AM BEST RATING (A-: VII or greater) A: Vlll C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1.000.000 CSL E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No F. 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. New Acord wording. ROW A. INSURANCE COMPANY: Everest National Insurance Co. B. AM BEST RATING (A-: VII or greater): At: XV C. LIMITS: Statutory D. 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: March 17, 2011 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ❑ Requires approval /exception /waiver by Risk Management B &B initials Comments: Approved: Risk Management Dale ® Yes ❑ No A� ®® CERTIFICATE E ®If- LIABILITY 8 I N SURA tlCE 3/14/2011» THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER InterWest Insurance Services (AMER122) License #OB01094 3636 American River Dr, #200 NAME: PHONE lFAX INC N- .E I, 916-488-3100 ac No: 91 C-q79-7992 q DD E-MAIL Sacramento CA 95864 PRODUCER CUSTOMER 10 H: INSURER(S) AFFORDING COVERAGE NAICIs EACH OCCURRENCE INSURED American Asphalt Repair 14436 Santa Ana Ave. INSURER A: Financial Pacific In Com an 31453 INSURERS: Everest National Insurance Co. I10i20 INSURER.c: Fontana CA 92337 INSURER D, I S1,000,00D INSURER E: I Ded: $1,000 INSURER F: $2,000,000 COVERAGES CERTIFICATE NUMBER: 1524 34 662 3 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1LTR TYPE OF INSURANCE IN R VJVO POLICY NUMBER POLICY EFF. MMmD/YYYY POLICY UP MMIDD LIMITS • GENERAL LIABILITY % COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FTICCCUR X Contractual Liab Y Y 1B0632B 12/31/2010 12/31/2011 EACH OCCURRENCE $1,000,000 PREMISES Ee acwrtence 5100,000 MED EXP(Any one person) $5,000 PERSONAL B ADV INJURY S1,000,00D X Ded: $1,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE POLICY LIMIT APPLIES PER: X PRO- LOC J9rT PRODUCTS - COMP /OP AGG $2,000,000 $ • AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON .OWNEDAUTOS Y Y 1606328 12/31/2010 I 12/31/2011 COMBINED SINGLE LIMIT (Ea acddent) $1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accitleh!) S PROPERTY DAMAGE (Per acctd¢nl) S is Is A UMBRELLA Me I EXCESS LIAR X OCCUR CLAIMS -MAD'c I 9240288 12/31/2010 12/31/2011 EACH OCCURRENCE 55,00D,000 % AGGREGATE $5,000,000 DEDUCTIBLE RETENTION Snone S % I $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORFARTNER/EXECUTNE❑ OFFICER/MEMBER EXCLUDEDT (Mandatory in NH) D Sy describe under DESCRIPTION OF OPERATIONS M. NIA Y 7600006462111 1/1/2011 1/1/2012 Ix I WCSTATU- OTH- t E.L EACHACGOENT 31,000,000 E.L. DISEAS E-EA EMPLOYEE $1,000.000 E.L. DISEASE - POLICY LIMIT I $1. 000, 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AHach ACORD 101, AddIdonal Hamann; Schedule, a more space is required) RE: CONTRACT #4604, 2010 -11 CITYWIDE SLURRY SEAL. CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, AGENTS, OFFICIALS, EMPLOYEES, VOLUNTEERS NAMED AS ADDITIONAL INSURED (GL /AUTO), PRIMARY WORDING, GL /AU /WC WAIVERS ATTACHED. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Newport Beach, Public Works Department 3300 Newport Blvd. AUTHORIZED REPRESENTATIVE Newport Beach CA 92658 -8915 /' nv ©1988 -2009 ACORD ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 1806323 ASDA AU 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Name Of Person Or Organization: RE: CONTRACT #4604, 2010 -11 CITYWIDE SLURRY SEAL. CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, AGENTS, OFFICIALS, EMPLOYEES, VOLUNTEERS NAMED AS ADDITIONAL INSURED (GL /AUTO), PRIMARY WORDING, GL /AU /WC WAIVERS 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 f of 1 POLICY NUMBER: 180632B COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: RE: CONTRACT #4604, 2010 -11 CITYWIDE SLURRY SEAL. CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, AGENTS, OFFICIALS, EMPLOYEES, VOLUNTEERS NAMED AS ADDITIONAL INSURED (GL /AUTO), PRIMARY WORDING, GL /AU /WC WAIVERS ATTACHED. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 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 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 3/14/2011 at 12:01 A.M. standard time, forms a part of (DATE) Policy No. 7600006462111 Endorsement No. of the Everest National Insurance Co. issued to American Asphalt Repair Premium (if any) $ M (NAME OF INSURANCE COMPANY) Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be '% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS AND /OR ORGANIZATIONS THAT REQUIRE A WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND /OR ORGANIZATION WC 252 (4 -84) WC 04 03 06 (Ed. 4-84) Page 1 of 1 POLICY NUMBER: 180632B COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: RE: CONTRACT #4604, 2010 -11 CITYWIDE SLURRY SEAL. CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, AGENTS, OFFICIALS, EMPLOYEES, VOLUNTEERS NAMED AS ADDITIONAL INSURED (GL /AUTO), PRIMARY WORDING, GL /AU /WC WAIVERS ATTACHED. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person of 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 AI only Effective from: Effective Date: 12 /31/2010 Expiration Date: 12 /31/2011 When this endorsement applies, such insurance as is afforded by the general liability policy is primary and any other insurance shall be excess and shall not contribute to the insurance afforded by this endorsement. CG 20 10 11 85 Modified (07 -01) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: 180632B ASDA AU 07 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE NAMED INSURED: American Asphalt Repair 14436 Santa Ana Ave. Fontana CA 92337 ADDITIONAL INSURED: RE: CONTRACT #4604, 2010 -11 CITYWIDE SLURRY SEAL. CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, AGENTS, OFFICIALS, EMPLOYEES, VOLUNTEERS NAMED AS ADDITIONAL INSURED (GL /AUTO), PRIMARY WORDING, GL /AU /WC WAIVERS ATTACHED. WHO IS AN INSURED (SECTION ll) 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 my 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 = CITY O F ar BY THE Cr" count .....+so eE I � �E�1VPpQT NEWPORT BEACH '° City Council Staff Report Agen e °0 March 8, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Alfred Castanon, Associate Civil Engineer APPROVED: Ja-6 --ILMI TITLE: 2010 -2011 CITYWIDE SLURRY SEAL PROGRAM - AWARD OF CONTRACT NO. 4604 ABSTRACT: In accordance with the City's Pavement Management Plan, staff has received construction bids for the 2010 -2011 Citywide Slurry Seal project and is requesting City Council's approval to award the work to American Asphalt South, Inc. RECOMMENDATION: 1. Approve the project drawings and specifications. 2. Award Contract No. 4604 to American Asphalt South, Inc. for the Total Bid Price of $566,500, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $57,000 (10 %) to cover the cost of unforeseen work not included in the original contract. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding in the following accounts for the award of this contract. The following funds will be expensed: Account Description Account Number Amount General Fund 7013- C2001011 $ 100,000.00 Gas Tax 7181- C2001011 $ 543.150.00 Total: $ 643,150.00 2010 -2011 Citywide Slurry Seal Program - Award of Contract No. 4604 March 08, 2011 Page 2 Proposed uses are as follows: Vendor American Asphalt South, Inc. American Asphalt South, Inc. GMU Geotechnical, Inc. DISCUSSION: Purpose Construction Contract Construction Contingency Material Testing Total Amount $ 566,500.00 $ 57,000.00 $ 19,650.00 $ 643,150.00 At 10:00 A.M. on February 10, 2011 the City Clerk opened and read the following two bids for this project: The low total bid amount is 11 percent below the Engineer's Estimate of $634,750. The low bidder, American Asphalt South, Inc., possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for the City of Newport Beach and other public agencies. The work necessary to complete this contract consists of distributing construction notices to affected businesses and residents, clearing existing pavement surfaces of debris, soils, and other loose materials, removing existing traffic striping, pavement markings, and raised pavement markers, placing emulsion aggregate slurry seal and sealcoat, installing new traffic striping, pavement markings, and raised pavement markers, and other incidental items of work necessary to complete the work in place. Pursuant to the Contract Specifications, the Contractor will have 70 consecutive working days to complete the work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (c) (minor alterations of existing public facilities with negligible expansion of the facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. BIDDER TOTAL BID AMOUNT Low American Asphalt South, Inc. $566,500.00 2nd Roy Allen Slurry Seal, Inc. $598,173.00 3`d Valley Slurry Seal Company $623,300.00 4th Doug Martin Contracting Company, Inc. $658,305.00 5th Pavement Coatings Company $679,875.00 6th All American Asphalt $680,750.00 7th Sully - Miller Contracting Company $729,950.00 The low total bid amount is 11 percent below the Engineer's Estimate of $634,750. The low bidder, American Asphalt South, Inc., possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for the City of Newport Beach and other public agencies. The work necessary to complete this contract consists of distributing construction notices to affected businesses and residents, clearing existing pavement surfaces of debris, soils, and other loose materials, removing existing traffic striping, pavement markings, and raised pavement markers, placing emulsion aggregate slurry seal and sealcoat, installing new traffic striping, pavement markings, and raised pavement markers, and other incidental items of work necessary to complete the work in place. Pursuant to the Contract Specifications, the Contractor will have 70 consecutive working days to complete the work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (c) (minor alterations of existing public facilities with negligible expansion of the facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2010 -2011 Citywide Slurry Seal Program - Award of Contract No. 4604 March 08, 2011 Page 3 NOTICING: The Notice Inviting Bids for this project was advertised in the City's official publication and in construction industry publications. Ten days prior to starting work, a City prepared notice will be distributed by the contractor to residents within the project limits advising them of the pending work. Additionally, a second notice will be distributed by the contractor to residents two days before work will start adjacent to their property. 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J ARCINIEGA Nu. 70740 z Exp. 06190111 EASTBLUFF CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 CITYWIDE SLURRY SEAL PROGRAM APPROVED SENIOR CIVIL E NEER DATE R.C.E. 70740 C -4604 ] R- 6015 -S IE I� X U) w It U) tit ,r J- �lj y EERW L —ra. I - AMIGOS WAY (SEE SHEET 7) Ne� LIMITS OF SLURRY SEAL itr r, s 0 0 IT, CORONA DEL MAR HIGH SCHOOL fn CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010-2011 CITYWIDE SLURRY SEAL PROGRAM V: . - -r EASTBLUFF APPROVED SEN[Oh CIVIL CkdNCER DATE R.C.E. 70740 N.T.S. 6 OF 111 C-4604 R-601S-S I 0 la IT, CORONA DEL MAR HIGH SCHOOL fn CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010-2011 CITYWIDE SLURRY SEAL PROGRAM V: . - -r EASTBLUFF APPROVED SEN[Oh CIVIL CkdNCER DATE R.C.E. 70740 N.T.S. 6 OF 111 C-4604 R-601S-S I l�ll II U) H z W J f'' U f,® (SEE SHEET 6) A. a m l m a NEWPORT DUNES RV PARK LIMITS OF SLURRY SEAL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 CITYWIDE SLURRY SEAL PROGRAM PATRICK L. �, ARCINIEGA ° No.70740 Exp. 06/30111 k� BACK BAY APPROVED SENIOR CIVIL EI NEER DATE R.C.E. 70740 D:. TE SCALE SiEE "T N. T S. 7 OF i t DRAWN TIM I C -4604 R- 6015 -S w w ZX G f F- LIMITS OF SLURRY SEAL NORTH FORD CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 CITYWIDE SLURRY SEAL PROGRAM APPROVED SENIOR CIVIL E ONECR DATE R.C.E. 70740 N.T.S. 1 8 OF TAM C -4604 I R- 6015 -S I� E CITY OF NEWPORT BEACH APPROVED \ PUBLIC WORKS DEPARTMENT- _ a�w SENIOR CIVIL EQNEER DATE 2010 -2011 CITYWIDE R C E 70740 SLURRY SEAL PROGRAM N S 9 OF DRAWN C -1604 R- 6015 -S CITY OF NEWPORT BEACH aPPROVED PUBLIC WORKS DEPARTMENT ANIOR CIVIL E OWEER DATE 2010 -2011 CITYWIDE RCE 70740 SLURRY SEAL PROGRAM C -11604 I R- 6015 -S 49• r s3 LIMITS OF SEAL COATING EASTBLUFF PARK LOT -NORTH CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 CITYWIDE SLURRY SEAL PROGRAM I XI U) Z a APPROVED SENIOR CIVA. EN!Q NEER DATE R.C.E. 70740 N,isl nOF E m 0 0 f. 6