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HomeMy WebLinkAboutC-5522 - 2013-2014 Citywide Slurry Seal ProgramCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC October 14, 2015 American Asphalt South, Inc. Attn: Tyler Skender 14436 Santa Ana Avenue Fontana, CA 92337 Subject: 2013-2014 Citywide Slurry Seal Program - C-5522 Dear American Asphalt South, Inc.: On October 14, 2014, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on October 23, 2014. Reference No. 2014000430580. The Surety for the contract is The Guarantee Company of North America USA and the bond number is 12111050. Enclosed is the Faithful Performance Bond. Sincerely, -, tA� Jam I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 9 Fax: (949) 644-3039 • www.newportbeachca.gov PREMIUM IS FOR CONTRACTTERM AND E 8MECTTO ADJUSTMENT DAMD ON DDNTRACT PRICE EXHIBIT C CITY OF NEWPORT BEACH BOND NO. 12111050 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3601.00 being at the rate of $7m thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to American Asphalt South, Inc. hereinafter designated as the "Principal," a contract for 2013-2014 Citywide Slurry Seal Program, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and The Guarantee Company of North America USA , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Twenty Thousand Two Hundred Dollars and 0/100 ($520,200.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, Incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. American Asphalt South, Inc. Page C-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect Its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 5th day of June 2014 American Asphalt South, Inc. Name of Contractor (Principal) The Guarantee Company of North America USA Name of Surety 1 Towne Square, Suite 1470 Southfield, MI 48076 Address of Surety (866) 3280567 Telephone i ... _�000 Au VIzedAgent-a Elizabeth Collodi, Attorney In Fad Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEATTACHED Amertcan Asphalt South, Inc. Page C-2 *-U[" THE The Guarantee Company of North America USA GUARANTEE POWER OF ATTORNEY Southfield, Michigan KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Barbara Midstokke, Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Collodi, Susan Lee, Barbara Beery, Nancy Luttenbacher, Phillip O. Watkins, Keith T. Schuler, Melissa D. Diaz, Shawna Johnson, Patricia M. Sims Intervest Insurance Services, Inc. Its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 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 Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages andlor final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the Bth day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. an^•e IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and F its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Sr. Vice President, COO Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly swom, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai 011 Notary Public, State of Michigan County of Oakland o, My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. G IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 5th day of June 2014 a �"'•" Randall Musselman, Secretary ACKNOWLEDGMENT State of California County of _Bune ) ss. On Junes 2014 before me, A. Abney , Notary Public, personally appeared Elizabeth Collodi I 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 some in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. A ABNEY WITN nd and official seal, Ei COMM.d201e131 p� NOTARY PUBLIC - CAUFOrNNA 4 COUNTY OF BUTTE Comm. Expiros MAR. 29.21111? t� (seal) ACKNOWLEDGMENT State of California County of )ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature American Asphalt South, Inc. (seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ., ill "ar)iny On Data before me, jW, e -hors^ 61W iP/- /VQ7•: f r/ Name and The of ORwr (eg.,'Jane Dae, Notary Pu IC�9 personally appeared kyle Sf>,ye , Nemele) m s9negs� RICHARD ENTRIKIN COMM. 9 2029M 'z Z • NOTARY PUSLIC • CALIFORNIA; SAN BERNARDINO COUNTY My Comm. Expires July 13,201 ,19 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islpW subscribed to the within instrument and acknowledged to me that he/she" executed the same in his/hed1heir authorized capacity(ies), and that by his/her/tbeir 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. �awre�blic OPTIONAL Though the information below is not required bylaw, if 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: . a ❑ Individual Top onh9mbhere ❑ Corporate Officer— Title(s): ❑ Panner — ❑ Limited O General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 Nallor,al Notary Association • 9350 De Sola Ave., P.O. Box 2402 • Chavt"C m. CA 9131$2002 • w .naPonalnotaq. Prml. No. 5907 ReoNer: Call Toll -Ree 1-600,676 6627 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani Brown, CMC January 5, 2015 American Asphalt South, Inc. Attn: Tyler Skender 14436 Santa Ana Avenue Fontana, CA 92337 Subject: 2013-2014 Citywide Slurry Seal Program - C-5522 Dear American Asphalt South, Inc.: On October 14, 2014 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on October 23, 2014, Reference No. 2014000430580. The Surety for the bond is The Guarantee Company of North America USA and the bond number is 12111050. Enclosed is the Labor & Materials Payment Bond. Sincerely, �'�^�1 }, Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 9 Fax: (949) 644-3039 • www.newportbeachca.gov PP'V'l V IS FOR CONTRACTTEfiM ANI M SLIFIXCT TO AOJUSTMENr 94E9 ON CONTRACT PRICE EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 12111050 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to American Asphalt South, Inc. hereinafter designated as the "Principal," a contract for 2013-2014 Citywide Slurry Seal Program, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that If Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, The Guarantee Company of North America USA duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Twenty Thousand Two Hundred Dollars and 001100 ($520,200.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns In any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 at seq. of the Civil Code of the State of California. American Asphalt South, Inc. Page B-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 5th day of June 2014 American Asphalt South, Inc. Name of Contractor (Principal) The Guarantee Company of North America USA Name of Surety 1 Towne Square, Suite 1470 Southfeld,Ml 48076 Address of Surety (866)328-0567 Telephone A rized SignaturefTitie J A✓ &e,4y ad Agent Signature Elizabeth Collodi, Attorney In Fad Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MAST BE ATTACHED American Asphalt South, Inc, Page B-2 ACKNOWLEDGMENT State of California County of Bune ) Ss. On Junes 2014 before me, A. Abney , Notary Public, personally appeared Elizabeth Collodi I 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(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. A. ABNEY I h n nd official seal. COW B 2016131 NOTARYrA COUNTYtOF BUTTE NN Comm. Expires MAR, 29, 2017 e ure (seal) ACKNOWLEDGMENT State of California County of ) Ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the persorl or the entity upon behalf of which the persons) 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 American Asphalt South, Inc. (seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California z�I ss. County of ,J.�n B��n�t��inJ On Date before me, Name and Till M Officer(a g_'Jane Doe, Notary Pu ic) personally appeared N.aa,N) of sigrAtu RICHARD ENTRIKIN COMM. # 2029943 'z Z NOTARY PUBLIC -CALIFORNIA r+ SAN BERNARDINO COUNTY My Comm. Expires July 13, 2017 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islpW subscribed to the within instrument and acknowledged to me that he/Sge$hey executed the same in his/per✓-Jheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Ndary Puda 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: 0 Individual Top of thumb here ❑ Corporate Officer —Ttle(s): ❑ Partner -0 Limited 0 General 0 Attorney -in -Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: ®1999Nalional NWOq Aesaistion•9350De Smo Ave.,PO. Box 2402-Gatsworth. CA 9131&2402• wwwnerervinolary.mg Prod. No. 5907 Redone, 0.117.0 Fre. 1- 600476-682] THE The Guarantee Company of North America USA GUARANTEE Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the Stale of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Barbara Midstokke, Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Collodi, Susan Lee, Barbara Beeny, Nancy Luttenbacher, Phillip O. Watkins, Keith T. Schuler, Melissa D. Diaz, Shawna Johnson, Patricia M. Simas 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 instmment(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the Stale of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. „rr^re� IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and a" its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Sr. Vice President, COO Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly swom, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai Notary Public, State of Michigan County of Oakland e,*v„ My Commission Expires February 27, 2018 ' Acting in Oakland County �.r fir'•' IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. -,w*•eyA IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 5th day of June 2014 Randall Musselman, Secretary RECEIVED RECORDING REQUESTED BY AND orded in Official Records, orange County WHEN RECORDED RETURN NOV " I Nguyen, Clerk -Recorder ��� �� ��� IIS' I'''IIIIIIIIIIIIIIII'IIIIIIIILIII'!II IIIIIIIIII IIIIIII NO FEE City Clerk OFFICE OF*$R0007049426$* City of Newport Beach rbc rlry (,� 2014000430580 8:19 am 10123114 100 Civic Center Drive �ITY ,t.- 61064 N12 1 `'`'��� 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and American Asphalt South, Inc. of Fontana, CA, as Contractor, entered into a Contract on May 28, 2014. Said Contract set forth certain improvements, as follows: 2013-2014 Citywide Slurry Seal Program (C-5522) Work on said Contract was completed, and was found to be acceptable on October 14, 2014 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Guarantee Company of North America USA. BY Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. //,, Executed on VUI ��/"/�-16 at Newport Beach, California. 0, City Clerk Ilu F0R i CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC October 15, 2014 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: • Eastbluff Drive/Ford Road Bike Lane Improvement Project (Contract No. 5498) • 2013-2014 Citywide Slurry Seal Program (Contract No. 5522) Please record the enclosed documents and return to the City Clerk's Office. Thank you. Since rel ' A; , Leilani I. Brown, MMC City Clerk Enclosures 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 9 Fax: (949) 644-3039 9 www.newportbeachca.gov RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and American Asphalt South, Inc. of Fontana, CA, as Contractor, entered into a Contract on May 28, 2014. Said Contract set forth certain improvements, as follows: 2013-2014 Citywide Slurry Seal Program (C-5522) Work on said Contract was completed, and was found to be acceptable on October 14, 2014 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Guarantee Company of North America USA. BY .zZ'Z Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on V(/i uU l �f �I I at Newport Beach, California. M City Clerk _= CITY OF F NEWPORT REACH City Council Staff Report October 14, 2014 Agenda Item No. 5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov PREPARED BY: Alfred Castanon, Associate Civil Engineer PHONE: (949) 644-3314 TITLE: Citywide Slurry Seal Program: 2013-2014 - Notice of Completion and Acceptance of Contract No. 5522 (CAP13-0023) ABSTRACT: On May 27, 2014, City Council awarded Contract No. 5522, Citywide Slurry Seal Program: 2013-2014 for a total contract cost of $520,200.00 plus $52,000.00 allowance for contingencies. The required work is now complete and staff requests City Council acceptance and close out of the contract. RECOMMENDATION: a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; c) Release the Faithful Performance Bond one year after acceptance by the City Council; and d) Approve Budget Amendment No 15BA-017 reappropriating $100,600 in project savings from the Citywide Slurry Seal Program: 2013-2014 project in 7013-C2001011 to be used in the Citywide Slurry Seal Program: 2014-2015 project. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following account: Account Description Account Number Amount General Fund 7013-C2001011 $ 471,575.10 Total: $ 471,575.10 Project savings realized from this project will be applied to the Citywide Slurry Seal Program project for FY2014-2015 to include neighborhood projects and the slurry and restriping of Back Bay Drive. 5-1 DISCUSSION: Overall Contract Cost/Time Summary This year's asphalt slurry seal project addressed local and collector streets in the Newport Heights community. The work necessary to complete this contract consisted of distributing construction notices to affected businesses and residents, clearing existing pavement surfaces of debris, soils and other loose materials, crack sealing, placing emulsion aggregate slurry seal and re -striping. The contract also provided for parking lot seal coating at Avon Park, Newport Theatre Arts Center, San Miguel Park, Lifeguard Headquarters, Castaways and Bob Henry Park. The contract was completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $ 520,200.00 Actual cost of bid items constructed: $ 452,665.10 Total change orders: $ 18,910.00 Final contract cost: $ 471,575.10 The actual cost of bid items constructed was 9.3 percent below the original contract amount due to less slurry seal work than first estimated. One contract change order was executed to include seal coating for the Central Library parking lot. A summary of the project schedule is as follows: Estimated Completion Date per 2012 Baseline Schedule September 1, 2014 Project Awarded for Construction May 27, 2014 Contract Completion Date with Approved Extensions September 3, 2014 Actual Substantial Construction Completion Date July 18, 2014 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: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Location Map Attachment B - Budget Amendment 5-2 Actual % Due to % Due to Awarded Contract Final Cost at Contingency Contract Directed Unforeseen Amount Completion Allowance Change Change Change $520,200.00 $471,575.10 10% or less -9.3% +3.6% 0% Allowed Contract Time (days) 55 Actual Time 15 Under (-) or Over (+) This year's asphalt slurry seal project addressed local and collector streets in the Newport Heights community. The work necessary to complete this contract consisted of distributing construction notices to affected businesses and residents, clearing existing pavement surfaces of debris, soils and other loose materials, crack sealing, placing emulsion aggregate slurry seal and re -striping. The contract also provided for parking lot seal coating at Avon Park, Newport Theatre Arts Center, San Miguel Park, Lifeguard Headquarters, Castaways and Bob Henry Park. The contract was completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $ 520,200.00 Actual cost of bid items constructed: $ 452,665.10 Total change orders: $ 18,910.00 Final contract cost: $ 471,575.10 The actual cost of bid items constructed was 9.3 percent below the original contract amount due to less slurry seal work than first estimated. One contract change order was executed to include seal coating for the Central Library parking lot. A summary of the project schedule is as follows: Estimated Completion Date per 2012 Baseline Schedule September 1, 2014 Project Awarded for Construction May 27, 2014 Contract Completion Date with Approved Extensions September 3, 2014 Actual Substantial Construction Completion Date July 18, 2014 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: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Location Map Attachment B - Budget Amendment 5-2 ATTACHMENT A JOHN WAYNE LOCATION MAP NOT TO SCALE OPROJECT LOCATION 2013-2014 CITYWIDE SLURRY SEAL PROGRAM LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5522 1 10/14/14 5-3 Attachment B City of Newport Beach NO. BA- 15BA-017 BUDGET AMENDMENT 2014-15 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT: $1ao,600.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations from prior year project savings for the Citywide Slurry Seal Program project to include neighborhood projects and the slurry and restriping of Back Bay Drive. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description Debit Credit General Fund - Fund Balance $100,600.00 Description Description Division Number 7013 Street Account Number C2001011 Slurry Seal Program zzz Signed: '!n✓ Signed: Signed: Approval: City City Council Approval: City Clerk $100,600.00 in- a -)y Date tol Ibi 14 Date Date 5-4 2013-2014 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. C-5522 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 28th day of May, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and AMERICAN ASPHALT SOUTH, INC., a California corporation ("Contractor'), whose address is 14436 Santa Ana Avenue, Fontana, CA 92337, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: 2013-2014 Citywide Slurry Seal Program. The work necessary for the completion of this work consists of (1) distributing construction notices to affected businesses and residents; (2) clearing existing pavement surfaces of debris, soils, and other loose materials; (3) removing existing traffic striping, pavement markings, and raised pavement markers; (4) crack sealing; (5) placing emulsion aggregate slurry seal; (6) placing seal coat; and (7) installing new traffic striping, pavement markings, and raised pavement markers, and other incidental items of work necessary to complete the work in place (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. C-5522, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Five Hundred Twenty Thousand Two Hundred Dollars and 00/100 ($520,200.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the Work by City. 4. 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 City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 5. WRITTEN NOTICE 5.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third American Asphalt South, Inc. Page 2 business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 5.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 5.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Tyler Skender American Asphalt South, Inc. 14436 Sant Ana Avenue Fontana, CA 92337 6. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit A, and incorporated herein by reference. 7. RESPONSIBILITY FOR DAMAGES OR INJURY 7.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 7.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 7.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all American Asphalt South, Inc. Page 3 claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 7.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 7.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 7.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 7.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 7.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 8. CHANGE ORDERS 8.1 This Contract may be amended or modified only by mutual written agreement of the parties. 8.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. American Asphalt South, Inc. Page 4 8.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 9. 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. 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 11. 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. 12. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] American Asphalt South, Inc. Page 5 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Aaron C. Harp City Attorney ATTEST: 12,17 Date: I kAf, By: ` Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal cop oration Date: —, %--13-� ML Mayor CONTRACTOR: American Asphalt South, Inc., a California corporation Date: By: Allan Henderson President Date: By: Lyle Stone Secretary [END OF SIGNATURES] Attachments: Exhibit A — Insurance Requirements Exhibit B -- Labor and Materials Payment Bond Exhibit C -- Faithful Performance Bond American Asphalt South, Inc. Page 6 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY' OFFICE Date: ..!1., A 1 Aaron• TCity Attorney . i ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: R06 N. H,II Mayor CONTRACTOR: American Asphalt South, Inc., a Californiaorporation Date: done 40� XOT By: Te e Vt'rC President Date: Tie I'.'X0�V By: ✓ . ___ Lyl tone Secretary [END OF SIGNATURES] Attachments: Exhibit A — Insurance Requirements Exhibit B -- Labor and Materials Payment Bond Exhibit C -- Faithful Performance Bond American Asphalt South, Inc. Page 6 EXHIBIT A INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a American Asphalt South Page A-1 business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed American Asphalt South Page A-2 documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self - insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to American Asphalt South _ Page A-3 terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 1. Coverage Not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. American Asphalt South Page A-4 PREMIUM IS FOR CONTRACTTERM AND IS SUBJECT TO ADJUSTMENT BASED ON OOMMOT PRICE EXHIBIT C F; MM20 • •* :+r' • The premium charges on this Bond is $ 3601.00 , being at the rate of $7m thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to American Asphalt South, Inc, hereinafter designated as the "Principal," a contract for 2013-2014 Citywide Slurry Seal Program, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or Is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and The Guarantee Company of North America USA , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Twenty Thousand Two Hundred Dollars and 0/100 ($520,200.00) 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 Band; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. American Asphalt South, Inc. Page C-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1 ) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duty executed by the Principal and Surety above named, on the 5th day of June ,2014 _. American Asphalt South, Inc. Name of Contractor (Principal) The Guarantee Company of North America USA Name of Surety 1 Towne Square, Suite 1470 Southfield, M148076 Address of Surety (866)328-0567 Telephone r ✓ all A-urzed Agent Signature Elizabeth Collodi, Attorney In Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED American Asphalt South, Inc. Page C-2 THE The Guarantee Company of North America USA GUARANTEE POWER OF ATTORNEY Southfield, Michigan KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Barbara Midstokke, Renee Ramsey, Richard W, Pratt, John Hopkins, Elizabeth Collodi, Susan Lee, Barbara Beeny, Nancy Luttenbacher, Phillip O. Watkins, Keith T. Schuler, Melissa D. Diaz, Shawna Johnson, Patricia M. Simas Interest 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 Pourer of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 61h day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. .aA'^rec IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and Y t/G its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. s J THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Sr. Vice President, COO Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 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 r� Cynthia A. Takai Notary Public, State of Michigan s. County of Oakland My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. f I7 1, 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 5th day of June 2014 Randall Musselman, Secretary k a r State of California County of Butte ) ss. On June 2014 before me, A. Abney , Notary Public, personally appeared Elizabeth Collodi -1 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. — WITNESS my -hand and official seal. (Y Ulu igndfu � State of California County of _ )ss' (seal) On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature American Asphalt South, Inc. (seal) A. ABNEY 410 1 COMM. M 2016131 NOTARY PUBLIC - CALIFORNIA COUNTY OF BUTTE Comm. Expires MAR. 29, 2017 ZZA N w IC (seal) On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature American Asphalt South, Inc. (seal) State of California 2 // ss. County of .jerz i.�a�neY. e�jo7J On beforeme,jrc:h�n�d Date Name era Tile of 0fi cel (eg..'Jane Doe. Nolary�hPu �c 7 personally appeared _ , r Nosiest b1 Signegsl RICHARD ENTRIKIN COMM. # 2029943 'z Z9-My NOTARY PUBLIC - CALIFORNIA SAN BERNARDINO COUNTY Comm. Expires July 13, 2017 ,9 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/pws' subscribed to the within instrument and acknowledged to me that he/slaefJgey executed the same in his/bei6beir authorized capacity(ies), and that by his/her/their" signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS mFy/hand and official seal. Sig aWre o>blic OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this 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: MERIN O Individual Top of thumb here ❑ Corporate Officer — Trials): P Partner — ❑Limited ❑General ❑ Attorney -in -Fact O Trustee (_I Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Nolar, Association • 9:50 De Solo Ave., P0, Box 2402 - Cnasworb, CA 91313-2402 • www,nelionalootary.wg Prod No, 507 Rebraer: Call Toll-free 1-800 876 6827 Pll `I tee M FOR CONTRACTTERM AW)-:" SUDJCOTTOADJUSTMENT MEW ON CONTRACT PRICE • • • s• r • r r WHEREAS, the City of Newport Beach, State of California, has awarded to Amedcan Asphalt South, Inc. hereinafter designated as the "Principal," a contract for 2013-2014 Citywide Slurry Seal Program, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, The Guarantee Company of North America USA duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Twenty Thousand Two Hundred Dollars and 001100 ($520,200.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. American Asphalt South, Inc. Page B-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 5th day of dune 2014 American Asphalt South, Inc. Name of Contractor (Principal) The Guarantee Company of North America USA Name of surety 1 Towne Square, Suite 1470 Southfield,Ml 48076 Address of Surety (866)328-0567 Telephone Au rized Signaturerritle Zy7rTo, Von ire/ "'WL— ii% i _ Signature Elizabeth Collodi, Attorney In Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED American Asphalt South, Inc. Page B-2 State of California County of Butte )Ss. On Junes 2014 before me, A. Abney , Notary Public, personally appeared Elizabeth Collodi I who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. --- WIVE S,my hdn oftcial seal. S dt ru e • ii State of California (seal) County of ) ss. On 217 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature American Asphalt South, Inc. (seal) State of California // ss. Countyof 6o.,Oatrr+c•rcrino On beforeme, /i,�F r'r1 Dale Name and Tore of Ofllrer le g..'Jane Doe. Nolary Po rc� personally appeared Y {6 sfp,2d. Names) 0 S,vp) RICHARD ENTRIKIN 'o COMM. # 2029943 g Z • NOTARY PUBLIC -CALIFORNIA SAN BERNARDINO COUNTY --------- r My Comm. Expires July 13, 2017 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/pxe subscribed to the within instrument and acknowledged to me that he/meq executed the same in his/berf-their authorized capacity(ies), and that by his/ber/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. w S,o,roe of Nan, Pubic OPTIONAL Though the information below is not required by lav} 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: iffim ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner — ❑Limited El General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 hs9 Naliondl Notary A.rrlatgn • 9350 De Solo Ave.. PO. Box 2402 • Cbalswonh. CA 91313 2402 • wwrv.nalionalnolary orq Prod. No. 5907 ReorderCall To#frea i -80M76-8827 THE The Guarantee Company of North America USA GUARANTEE POWER OF ATTORNEY Southfield, Michigan KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Barbara Midstokke, Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Collodi, Susan Lee, Barbara Beeny, Nancy Luttenbacher, Phillip O. Watkins, Keith T. Schuler, Melissa D. Diaz, Shawna Johnson, Patricia M. Simas Interwest Insurance Services, Inc. its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: To appoint 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 To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. w�'*Eao 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 23rd day of February, 2012. GTHE GUARANTEE COMPANY OF NORTH AMERICA USA 4P STATE OF MICHIGAN Stephen C. Ruschak, Sr. Vice President, COO Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 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 seat affixed to said Instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai i rr. Notary Public, State of Michigan ,� xu,x,� County of Oakland �,,,�.. My Commission Expires February 27, 2018 'a4r yr,y' Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 5th day of .Tune 2014 �s� — Qom'- o_ a Randall Musselman, Secretary CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 5/29/14 Dept./Contact Received From: Raymund Date Completed: 5/29/14 Sent to: Raymund By: Chris Company/Person required to have certificate: American Asphalt South, Inc Type of contract: All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 12/31/13-12/31/14 A. INSURANCE COMPANY: Financial Pacific Insurance Company B. AM BEST RATING (A-: VII or greater): A:X C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 2,000,000/4,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? N Yes ❑, No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 12/31/14-12/31/14 A. INSURANCE COMPANY: Financial Pacific Insurance Company B. AM BEST RATING (A-: VII or greater) A:X C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): N N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 4/1/14-4/1/15 A. INSURANCE COMPANY: Arch Insurance Company B. AM BEST RATING (A-: VII or greater): A+:XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? M Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 5/29/14 Date ® N/A ❑ Yes ❑ No /1■ ■ ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ NIA ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. NOTICE INVITING BIDS Seated bids may be received at the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 until 10:00 AM on the 1st day of May, 2014, at which time such bids shall be opened and read for 2013-2014 CITYWIDE SLURRY SEAL PROGRAM Contract No. 5522 $ 600,000.00 Engineer's Estimate Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting: Mouse Graphics at (949) 548-5571 Located at 659 W. 19`h 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: bttg://www.NgAportBeaghCA.gov CLICK: Online Services /Bidding & Bid Results City of Newport Beach 2013-2014 CITYWIDE SLURRY SEAL PROGRAM Contract No. 5522 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD... ...................................... .......... 15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 17 INFORMATION REQUIRED OF BIDDER..................................................................... 18 NOTICE TO SUCCESSFUL BIDDER...........................................................................21 CONTRACT.................................................................................................................. 22 INSURANCE REQUIREMENTS ..................... ........... ....................... .................... A-1 LABOR AND MATERIALS PAYMENT BOND ...... ...... .............. ..................... ........B-1 FAITHFUL PERFORMANCE BOND.................................................................... C-1 PROPOSAL.............................................................................................................. PR -1 SPECIALPROVISIONS............................................................................................ SP -1 2 City of Newport Beach 2013-2014 CITYWIDE SLURRY SEAL PROGRAM Contract No. 5522 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. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. 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. �7w// 1 W Contractor's License No. & Classification A--r*t—?O Bidder jj:s�-- 4 me A44orized Signature/Title Dafe M City of Newport Beach 2013-2014 CITYWIDE SLURRY SEAL PROGRAM Contract No. 5522 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 ($ 10% of Amount Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2013- 2014 CITYWIDE SLURRY SEAL PROGRAM, Contract No. 5522 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 21st day of April 2014. American Asphalt South, Inc. Name of Contractor (Principal) The Guarantee Company of North America me of surety 1 Towne Square, Suite 1470 Southfield, MI 48076 Address of Surety (925)566-6040 Telephone Authorized Signature/Title thorized Agent Signature Elizabeth Collodi, Attorney In Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 9 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Butte On April 21, 2014 before me, A. Abney, Notary Public (Here insert name and title of the officer) personally appeared Elizabeth Collodi who proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in Iris/her/+heir authorized capacity(ies), and that by hi-a/her/their signature(s) on the instrument the person(e), or the entity upon behalf of which the person(e) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. A. A6NEY Commission # 2016131 W S m hand and official seal. �� �e cowCit�lritornN M Comm. Ex ins Mir 29 2017 Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bid Bond (Title or description of attached document) American Asphalt South, Inc. (Title or description of attached document continued) Number of Pages 1 Document Date 04/021/14 The Guarantee Company of North America USA (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑■ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA 02.10.07 800-873-9865 www.NotaryClasses. coin INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment forrn must he properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of rhe signer). Please check the document carefullyfor proper notarial wording and attach thisform ifrequired • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. helshe/tliey, is/are-) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression trust be clear and photographically reproducible. Impression trust not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must snatch the signature on file with the office of the county clerk. *.- Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. *.- Indicate title or type of attached document, number of pages and date. *.- Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document THE The Guarantee Company of North America USA GUARANTEE POWER OF ATTORNEY Southfield, Michigan KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Barbara Mldstokke, Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Collodi, Susan Lee, Barbara Beeny, Nancy Luttenbacher, Phillip O. Watkins, Keith T. Schuler, Jennifer Lelouarn Interwest Insurance Services, Inc. its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-In-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonweafth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. .'"'Eec1 IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and C11%. its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. a ((U- , �7 THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. 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. let IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 22nd day of April 2014 o� 9 S� II AYIp�' Randall Musselman, Secretary CAfI; OVORNIA ALL—PURPOSE ACKNO !' LE DCINNEN ' State of California t / Ss. County of -Z)A n On Ak>e, / 3iQ, before me, j r 1-korci7T1 / fr?— fV /4'r Dalf Name and Title of Officere. ( g., "Jane Doe, Notary Pu is") personally appeared �r Name(s) of Signer(s) ,K proved to me on the basis of satisfactory evidence RICHARD ENTRIKIN COMM. # 2029943 z Z " NOTARY PUBLIC -CALIFORNIA SAN BERNARDINO COUNTY My Comm. Expires July 13, 2017 to be the person(s) whose name(s) is/pm- subscribed to the within instrument and acknowledged to me that he/ahefi iey executed the same in his/boejbA&ir authorized capacity(ies), and that by his/herr/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: 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 Number of Pages: G 1999 National Notary Assoctalion • 9350 De Soto Ave., P.O. Box 2402 " Chatsworth. CA 91313-2402 • www.nalionalnotary.org Prod. No. 5907 RIGHT IFWM8pIaf, Of OF SIGNER' Top of thumb here Reorder: Call Toll -Free 1-800-876.6827 City of Newport Beach 2013-2014 CITYWIDE SLURRY SEAL PROGRAM Contract No. 5522 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: L4kkcs $4C/10)h, Sfq) Ce Address: f g ja a� a r►r1 54tr.Pa 5 *moo, «► 9��oS I� �cr�k,Y Phone:(?/�/) 3,52 70ts' "I•�9 State License Number: Email Address: Name: 54ft 454 Address: 7`% kf�s,F 5iti .S�Cee�• ,!-rSll poMuv,a,� g�.tiy;� 004a+rb , CA 117(,A 0 O �u�i� „�s Z3 44 Phone: f01 993 0703 State License Number: 679,JOr Email Address: Name: Address: Phone: State License Number: Email Address 4 " 0- - z "A $dl4l, -, z �r 4161 Bidder fAurized Signature/Title Wool City of Newport Beach 2013-2014 CITYWIDE SLURRY SEAL PROGRAM Contract No. 5522 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name ift7il4✓� fi`1I��4�� Say! .Zile 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 ?'layer Coe a 11,, osor4oj Project Description FA " J Approximate Construction Dates: From /#? 0/ To: Agency Name C.ii Contact Person V0nVd WWW% Telephone (�4 f �� O✓C�y Original Contract Amount $0,/0 Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against.you/Contractor? If yes, briefly explain and indicate outcome of claims. 0 No. 2 Am Project Name/Number �� Project Description �& leo-l^rr 11"e-WO-Wao Ave E� ✓�Q /' ✓f�II7 Approximate Construction Dates: From 411 3 To: V-Ire?—h /l`, 1�101y Agency Name d/ Contact Person i`f�/ lb'�� 4h Telephone (,9QY 4 ✓w' gw"' Original Contract Amount $✓u! y1414kal Contract Amount $_ 7✓` �!�D9 If final amount is different from original, please explain (change orders, extra work, etc.) ht;er/— A,? /Jy4r Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number 'Zy W/3 Jin/ O Project DescriptionC Approximate Construction Dates: From����� oi3 To: x.41-011y�g Agency Name L, (i >" Q✓Jr�O Contact Person 6ml J.% Telephone $ Original Contract Amount $ Final Contract Amount $ 9141`• Ad If final amount is different from original, please explain (change orders, extra work, etc.) C6 d Did you file any claims against the Agency? Did the Agency file any claims against.you/Cpntractor? If yes, briefly explain and indicate outcome of claims. 10 No. 4 Project Name/Number Project Description Z;Oqyv Awe � MA Approximate Construction Agency Name L , 9 Z Alw,iAw, k o f s7a7rVoAre lily Contact Person /�,o� AyleJ' Telephone Original Contract Amount $%.✓dFinal Contract Amount If final agount 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. /ih 16b. No. 5 Project Name/Number B/% S16r-ly Jc * / Project Description SF�Y%� �%q/ Approximate Construction Dates: From �� D/�4�.� To: Agency Name C' Contact Person Ckie CO11er1e Telephone (%vw Original Contract Amount $Zggs/Winal Contract Amount $ .�7d If final amount is different from original, please explain (change orders, extra work, etc.) CCC) 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. /th. tib - 11 No. 6 Project Name/Number Project Description 104. i Approximate Construction Dates: From llo%i/O/,3 Agency Name L1711 O To: OI�/,a/y Contact Person/ // C�vC� 41"10114 Telephone Original Contract Amount $ /Zy 970nal Contract Amount $ 11�/��R1i If final amount is different from original, please explain (change orders, extra work, etc.) cco Did you file any claims against the Agency? Did the Agency file any claims against,you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. 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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 MANAGER: TYLER SKENDER EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2008 -PRESENT 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: 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: MANNY GONZALES EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2001 -PRESENT City of Newport Beach 2013-2014 CITYWIDE SLURRY SEAL PROGRAM Contract No. 5522 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of ) Z✓1C' bein first duly sorr} epose�,�i and says that he or she is 4 of i�1,ZaY1l�7/I /(%j}4/p��cfui/y,-4¢ , the party making the foregoing bid; thatthe bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. /'Om(w '5�wx A - 40 Bidder A orized Signature/Title Subscribed and sworn to (or affirmed) before me on this 3&D %day of I by / le Sfo.>e— , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. RICHAROOTRIKIN [SEAL] COMM. # 2029943z Z NOTARY PUBLIC - CALIFORNIA +? SAN BERNARDINO COUNTY My Comm. Expires July 13, 2017 13 o� No at ry Public My Commission Expires: 9 i 3 City of Newport Beach 2013-2014 CITYWIDE SLURRY SEAL PROGRAM Contract No. 5522 DESIGNATION OF SURETIES Bidder's name IAW?qo 4,01,0jll 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): gee , ,�/�CWAI' 4/,Zr/ 14 BROKERS & SURETIES FROM WHOM THE BIDDER INTENDS TO PROCURE INSURANCE AND BONDS BONDING AGENT: INTERWEST INSURANCE SERVICES, INC. 1357 E. LASSEN AVENUE CHICO, CA 95973 (530)897-3154 SURETY COMPANY: GUARANTEE COMPANY OF NORTH AMERIC, USA ONE TIME SQUARE, SUITE 1470 SOUTHFIELD, MI 48076 (248)281-0281 INSURANCE AGENT: INTERWEST INSURANCE SERVICES, INC. 368 E. YOSEMITE AVENUE, SUITE 100 MERGED, CA 95340 (209)724-2324 City of Newport Beach 2013-2014 CITYWIDE SLURRY SEAL PROGRAM Contract No. 5522 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL B i d d er's N a me �iyJ�°►'�'CQy) 4A4Vx ftd�i; .Zyt Record Last Five (5) Full Years Current Year of Record I ne 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 2013 2012 2011 2010 2009 Total 2014 No. of contracts 09 /O G 7 9D Total dollar Amount of Contracts ( in )3y1 Thousands of $ No. of fatalities 0 O D O D O O No. of lost Workday Cases O / No. of lost workday cases involving permanent transfer to D a U U another job or V U U termination of employment I ne 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 wwerl?tv Business Address: IW- Business Tel. No.: State Contractor's License No. and Classification: Title �'►x,°12r/ L-NJD%y�✓S�q The above information was compiled from the record that ar-e' available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI Wel r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California // ss. County of ,,7C 4- rs /& r nm /-)1 n �: On before me, ?i tdx rej. Dz Name and Title of Officer (e.g., "Jane Doe, Notary Public" personally appeared _CAe�fEJ f Name(s) of Signer(s) proved to me on the basis of satisfactory evidence RICHARD ENTRIKIN COMM. # 2029943 z` K ` ® NOTARY PUBLIC - CALIFORNIA M SAN BERNARDINO COUNTY My Comm. Expires July 13, 2017 to be the person(s) whose name(s) .is?are subscribed to the within instrument and acknowledged to me that beffi-Vthey executed the same in b l' ,%their authorized capacity(ies), and that by _14sY142r/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 01 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 preventi fraudulent removal and reattachment of this form to another document. Description of Attached Document ,? Title or Type of Document:> Document Date: Number of Pages: jl <1 Signer(s) Other Than Named Above: _ � 5i <, Capacity(ies) Claimed by Signer PSigner's Name: K ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact r ❑ Trustee [?i ❑ Guardian or Conservators c5 ❑ Other: Signer Is Representing: .- t,�,�'=C>�•t;;C'�.�'�i.;i-(uv�=:.`E%C:•"--C.=•C.�=^:.�-v�::`�'�`�`.;-`t,�.�;<=C�<;�-;LSCC,�"�v�C;�/��;C.'��(i'�:�t—C,�•4t=-CJ�•Ci��.'�:T� ® 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth. CA 91313-2402 • w .nalionalnolary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 City of Newport Beach 2013-2014 CITYWIDE SLURRY SEAL PROGRAM Contract No. 5522 ACKNOWLEDGEMENT OF ADDENDA Bidder's name -, fj0 The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 17 City of Newport Beach 2013-2014 CITYWIDE SLURRY SEAL PROGRAM Contract No. 5522 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: lorlew 44L,1w lire Business Address:_ /��.%d . rJ, /,0,? /,Wme/,0, Telephone and Fax Number:(Y�y California State Contractor's License No. and Class: %WP (REQUIRED AT TIME OF AWARD) Original Date Issued: Di1's GD Expiration Date: Di�0�4�y List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title / Address e4li1 41-vaelmoo ��� le Are ,+,Wal .4e fFrfo� Corporation organized under the laws of the State of IU Telephone The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: /(,)/W All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: 1101W 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; 10W Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. Ite HaveYou 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 1 19 Are any claims or actions unresolved or outstanding? Yes / No If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. �4eprw ii�ia/,�,i� Bidder ��i�t/1 ��IClcrl� ✓� (Print name of Owner or President of Corporation/Company) XP cW 4AI.-oloc Au razed Signature/ I itle Secr�� Title Date On ,4 before me, . ,d��r� ���r.+F�.� Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a-,- subscribed to the within instrument and acknowledged to me that he/s4e/t4ey executed the same in his/icer/their authorized capacity(ies), and that by his/ber t4eil 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. N tary Public in and for said State My Commission Expires: 011A 7 20 RICHARD ENTRIKIN (SEAL) - COMM. # 2029943 Z_ a NOTARY PUBLIC - CALIFORNIA r - I=SAN BERNARDINO COUNTY My Comm. Expires July 13, 2017 City of Newport Beach 2013-2014 CITYWIDE SLURRY SEAL PROGRAM Contract No. 5522 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 2013-2014 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 5522 To the Honorable City Council City of Newport Beach 100 Civic Center Dr Newport Beach, California 92660 Gentlemen: PR 1 of 2 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. 5522 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: I i EM UUAN I ITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 2 Lump Sum Mobilization/Demobilization & Cleanup @ Twe> � jlbmsand Dollars and Zt to Cents Per Lump Sum Lump Sum Traffic Control @ 54kea lha.sand Dollars and Z&O Cents Per Lump Sum 3. 3,000,000 S.F. Type I Slurry Seal @ Z«a Dollars anri Ten Per Square Foot Cents $ 0.10 4. 110,000 S.F. Asphalt Based Sealcoat (Parking Lots) @ O Dollars and lwnfv -TV, Cents $ 0� al Per Square Foot $ 20,000.00 $ !4,000.00 $ Ov c)vo .00 $ Zy,.ZaO.on PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. Lump Sum Crack Sealing Dollars and ZGt� Cents $ Zs"jdvv.ov Per Lump Sum 6. Lump Sum Install Pavement Striping and Markings @ %tiitfy-fs.t 7k4,s,,,A Dollars and Zeeo Cents $ /gL000.00 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS F"'c- HovidOrel Thnsonj Two Mw%jewj Dollars and Ura Cents Date Bidder's Telephone and Fax Numbers Bidder's License No(s) and Classification(s) Bidder's email address: $ 5,Zd40X00.00 Total Price (Figures) Bidder Bi is Authorized Signatur and Title,- Bidder's itleBidder's Address PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2013-2014 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 5522 PART 1 GENERAL PROVISIONS SECTION 2 ---SCOPE AND CONTROL OF THE WORK 2-6 WORKTO BE DONE 2-9 SURVEYING 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 5-1 LOCATION 5-2 PROTECTION 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 SECTION 6 ---PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 3 6-1.1 Construction Schedule 3 6-7 TIME OF COMPLETION 3 6-7.1 General 4 6-7.2 Working Days 4 6-7.4 Working Hours 4 6-9 LIQUIDATED DAMAGES 4 6-11 SEQUENCE OF CONSTRUCTION 5 SECTION 7 ---RESPONSIBILITIES OFTHE CONTRACTOR 5 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 5 7-1.2 Temporary Utility Services 5 7-7 COOPERATION AND COLLATERAL WORK 5 7-8 WORK SITE MAINTENANCE 6 7-8.4.3 Storage of Equipment and Materials in Public Streets 6 7-8.6 Water Pollution Control 6 7-8.6.2 Best Management Practices (BMPs) 6 7-8.7.2 Steel Plates 7 7-10 PUBLIC CONVENIENCE AND SAFETY 7 7-10.1 Traffic and Access 7 7-10.3 Street Closures, Detours and Barricades 7 7-10.4 Safety 8 SECTION 9 --- MEASUREMENTAND PAYMENT 9 9-3 PAYMENT 9 9-3.1 General 9 9-3.2 Partial and Final Payment 10 PART 2 CONSTRUCTION MATERIALS 10 SECTION 203 --- BITUMINOUS MATERIALS 10 203-5 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 NONREFILECTIVE PAVEMENT MARKERS 11 214-5 REFLECTIVE PAVEMENT MARKERS 11 PART3 CONSTRUCTION METHODS 12 SECTION 300 ---EARTHWORK 12 300-1 CLEARING AND GRUBBING 12 300-1.3 Removal and Disposal of Materials 12 SECTION 302 ---ROADWAY SURFACING 12 302-4 EMULSION -AGGREGATE SLURRY 12 3024.3 Application 12 302-4.3.1 General 12 302-4.3.2 Spreading 12 302-4.3.3 Field Sampling 13 SECTION 310 --- PAINTING 13 310-5 PAINTING VARIOUS SURFACES 13 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 13 310-5.6.6 Preparation of Existing Surfaces 13 310-5.6.7 Layout, Alignment, and Spotting 13 310-5.6.8 Application of Paint 13 310-5.6.11 Pavement Markers 14 SECTION 312 --- PAVEMENT MARKER PLACEMENT AND REMOVAL 14 312-1 PLACEMENT 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 2013-2014 CITYWIDE SLURRY SEAL CONTRACT NO. 5522 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -6052-S); (3) the City's (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications 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 2-9.1 Permanent Survey Markers. Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Page 1 of 14 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. 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." SECTION 3 ---CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this section with the following: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 ---CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements Add Section 4-1.3.4 Inspection and Testing 4-1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. Page 2 of 14 The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 ---UTILITIES 5-1 LOCATION. Add the following after the 3rd paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 5-2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." SECTION 6 ---PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6-7, shall commence on the date of the 'Notice to Proceed.' 6-1.1 Construction Schedule. Add the following between the first and second paragraphs of this section: No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." ,:�►i�Ii�d�i�7i�i(1C�7r Page 3of14 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 55 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January Vt (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24tH (Christmas Eve), December 25th (Christmas), and December 31st(NewYear's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." 6-7.4 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 p.m. on Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." Page 4 of 14 6-11 SEQUENCE OF CONSTRUCTION A. Work shall begin on 15th Street in the Newport 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. Newport Heights shall be completed prior to mobilizing to Cliff Haven, then the Westcliff Villas. Work will not be allowed for the following areas on the dates listed below to minimize impacts with the City of Newport Beach Recreation Department's scheduled events. 1. Cliff Drive Community Center (Cliff Drive & Riverside Drive) — June 1 through June 22, July 4 through July 27, August 2 through August 10, August 16 through September 1. 2. Bob Henry Park (Parking Lot) — July 1 through July 31. 3. Lifeguard Headquarters (Parking Lot & Access Road) — June through August. SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 7-1.2 Temporary Utility Services. Add to this end of this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender a $1,073.21 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water' 7-7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shutdown of water and/or sewer facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections Page 5 of 14 within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. The City must approve any nighttime work in advance. It is the Contractor's responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down." 7-8 WORK SITE MAINTENANCE Add Section 7-8.4.3 Storaqe of Equipment and Materials in Public Streets 7-8.4.3 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7-8.6 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 www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs). Add to this section: The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. Page 6 of 14 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. 7-8.7.2 Steel Plates. "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 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)." 7-10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. Page 7 of 14 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. 5. The contractor shall provide appropriate signage and safe detours for bicyclists in and around construction project. The contractor shall also restore pavement markings along designated bikeways to their original conditions as soon as possible. 7-10.4 Safety 7-10.4.1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." Add the following Section 7-10.5 "No Parking" Signs 7-10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-10.6 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each Page 8 of 14 block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. "7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of 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 valid Business License issued by the City of Newport Beach. SECTION 9 ---MEASUREMENT AND PAYMENT P"UF_X u1;;Ii1k1 9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA Markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes, if required, 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 boards and changeable message signs, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Type I Slurry Seal: Work under this • item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not Page 9 of 14 limited to preparing the roadway surface, removing existing traffic striping and pavement markings, protecting raised pavement markers, providing slurry test report only when initial test results do not meet specifications, placing Type I slurry seal, and all other work items as required to complete the work in place. Item No. 4 Asphalt Based Sealcoat (Parking Lots): Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to preparing the roadway surface, removing existing traffic striping and pavement markings, protecting raised pavement markers, providing sealcoat test report only when initial test results do not meet specifications, placing two coats of asphalt based sealcoat, and all other work items as required to complete the work in place. Item No. 5 Crack Seal: Work under this item shall include routing out the crack, applying a soil sterilizer, crack sealing of the existing asphalt roadway to be resurfaced with a hot -applied crack sealant (Deery 200 product by Crafco or approved equal), applying an asphaltic tack coat to the roadway and all other work items as required to complete the work in place. Contractor will be required to fill all cracks greater than 1/4" in street areas, and all cracks greater than 1/8" in parking lots. 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. Work shall also include re -painting of all curb markings for those streets that will be slurry sealed. 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: "From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid." Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 203 --- BITUMINOUS MATERIALS 203-5 EMULSION -AGGREGATE SLURRY 203-5.2 Materials. Replace 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-1h of 203-1.3 (Test Reports Page 10 of 14 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." Page 11 of 14 PART 3 CONSTRUCTION METHODS SECTION 300 ---EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://newportbeachca.gov/index.aspx?paqe=157 and then selecting the link Franchised Haulers List." SECTION 302 ---ROADWAY SURFACING 302-4 EMULSION -AGGREGATE SLURRY 302-4.3 Application 302-4.3.1 General. Add to this section; "Type I slurry shall be applied at the rate of 9.5 pounds per square yard. At all intersections where the intersecting street does not receive a slurry seal, slurry seal application shall end along a projection of the edge of gutter (or curb face if no gutter exists) of the intersecting street unless otherwise directed by the Engineer." 302-4.3.2 Spreading. Replace the first sentence of the second paragraph with, "Slurry seal shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. on the same day. In case of damage done by vehicles and/or pedestrians upon slurry that has not been sufficiently cured by 3:00 p.m., the Contractor shall replace all of the damaged work at the Contractor's expense and no additional compensation shall be made by the City. Upon the completion of the day's slurry, street or parking lot shall be temporary striped. Final striping shall be installed no more than ten (10) working days after placement of slurry." Replace the first sentence of the third paragraph with, "Prior to the slurry application, the Contractor shall clean all work surfaces and remove all loose materials, vegetation, oil, and other foreign material. Additionally, all weeded locations shall be treated by an approved weed -killer before any slurry shall be applied." Page 12 of 14 302-4.3.3 Field Sampling. Add this section: "Upon the Engineer's direction, the Contractor shall slurry seal test sections within the construction limits for each batch of slurry mix. The Contractor shall apply the slurry test sections as directed by the Engineer. No slurry shall be applied until the test slurry sections have been approved by the Engineer. The costs of these slurry tests shall be included in the contract price paid for slurry seal and no additional compensation shall be made by the City to the Contractor. Field samples that do not meet the requirements of Table 301-4.2.2 (A) shall be re -tested. The Contractor shall be responsible for all cost associated with the re -testing." SECTION 310 --- PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310-5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310-5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all 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 has been in place for at least 15 days. The thermoplastic shall be applied at 0.25 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. Page 13 of 14 If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY' signs and re -notify the affected residents, at the Contractor's sole expense_ In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." Add the following Section: "310-5.6.11 Pavement Markers. "All Pavement markers shall comply with Section 85 of the State of California Standard Specifications. Non -reflective markers shall be ceramic. All new markers shall have glass faces or be 3M series 290." 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." Page 14 of 14 CITY OF NEWPORT BEACH City Council Staff Report May 27, 2014 Agenda Item No. 19. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov PREPARED BY: Alfred Castanon, Associate Civil Engineer PHONE: 949-644-3314 TITLE: 2013-2014 Citywide Slurry Seal Program —Award of Contract No. 5522 (CAP13- 0023) ABSTRACT: Staff has received construction bids for the 2013-2014 Citywide Slurry Seal Program and is requesting City Council's approval to award the contract to American Asphalt South, Inc. RECOMMENDATION: a) Approve the project drawings and specifications; b) Award Contract No. 5522 to American Asphalt South, Inc., for the Total Bid Price of $520,200.00, and authorize the Mayor and the City Clerk to execute the contract; and c) Establish a contingency amount of $52,000.00 (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 account for the award of this contract. The following funds will be expended: Account Description General Fund Proposed uses are as follows: Vendor American Asphalt South, Inc. American Asphalt South, Inc. AndersonPenna Partners, Inc Account Number Amount 7013-C2001011 $ 618,050.00 Total: $ 618,050.00 Purpose Amount Construction Contract $ 520,200.00 Construction Contingency $ 52,000.00 Construction Inspection $ 25,000.00 GMU Geotechnical, Inc. Material Testing $ 19,850.00 Various Printing & Incidentals $ 1,000.00 Total: $ 618,050.00 DISCUSSION: At 10:00 a.m. on May 1, 2014, the City Clerk opened and read the following bids for this project: BIDDER Low American Asphalt South, Inc. 2 All American Asphalt 3 Pavement Coatings Company 4 Roy Allan Slurry Seal, Inc. 5 Doug Martin Contracting Company, Inc TOTAL BID AMOUNT $ 520,200.00 $ 561,677.00 $ 603,170.00 $ 617,100.00 $ 673,353.00 The low total bid amount is 13 percent below the Engineers Estimate of $600,000.00. 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 smilar projects for the City of Newport Beach and other public agencies. This year's Asphalt Slurry Seel project primarily addresses local and collector streets in the Newport Heights neighborhood. 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, crack sealing, placing emulsion aggregate slurry seal and seelcoat, installing new traffic striping, pavement markings, and pavement markers, and other i nci dental items of work necessary to compl ete the work i n place. Pursuant to the Contract Specifications, the Contractor will have 55 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 15302 (replacement of existing facilities involving negligible expansion of capacity) 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. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Location Mao ATTACHMENT A JOHN WAYNE LOCATION MAP NOT TO SCALE OPROJECT LOCATION 2013-2014 CITYWIDE SLURRY SEAL PROGRAM LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5522 1 5/27/14