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HomeMy WebLinkAboutC-6005 - Back Bay Drive Roadway Maintenance ProjectCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC April 28, 2016 Pavement Coatings Co. Attn: Doug Ford 10240 San Sevaine Way Jurupa Valley, CA 91752 Subject: Back Bay Drive Roadway Maintenance Project — C-6005 Dear Mr. Ford: On April 28, 2015, 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 May 6, 2015 Reference No. 2015000233651. The Surety for the contract is The Ohio Casualty Insurance Company and the bond number is 024051230. Enclosed is the Faithful Performance Bond. Sin , Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www,newportbeachca.gov EXHIBIT 8 CITY OF NEWPORT REACH BOND NO. 024051230 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 983.00 .being at the r8te of $ 5.40 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Pavement Coatings Co. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of (1) clearing existing pavement surfaces of debris, soils, and other loose materials, (2) removing existing traffic striping, pavement markings, and raised pavement markers, (3) crack sealing, (5) placing emulsion aggregate slurry seal, (8) placing seal coat. (7) installing new traffic striping, pavement markings, and raised pavement markers, (8) removing existing signs, posts and hardware, (9) Installing new signs, posts and hardware and other Incidental Rams of work necessary to complete the work In place, 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 falthful performance of the Contract. NOW, THEREFORE, we, the Principal, and The Ohio Casualty Insurance Company dilly 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 One Hundred Eighty Two Thousand Ninety Eight Dollars and 201100 ($1132,098.20) 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, fall 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, than, 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 Pavement Coatings Co. Page B-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terns 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 farce and effect for one (1) year following the date of formai 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 stn day of February ,20 L 5 . Pavement Coatings Co. Name of Contractor (Prindpal) The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South, Suite 200, Orange, CA 92868 Address of Surety (800)763-9268 Telephone Richard L. Wells, Attomey-In-Fact Print Name and Title NOTARY ACKNOtM.EDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Pavement Coatings Co. Page B-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) Countyof 12lUtLJ2Sr//E ) On 10, 7d15 before me, t k^� Y01 ^Jd TWWtZ /0" ^ c r C__ Date Here Insert Name and rtl of the Officer personally appeared ✓)6 Lt (r / 2% Name(g) of Signers) who proved to me on the basis of satisfactory evidence to be the persons) whose name($) is/are- subscribed to the within instrument and acknowledged tome that he/shet4&t-executed the same in his/her/their authorized capacity(ies), and that by his/her/ibeirsignature(s) on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ]]]���Wrr_.._ I WITNESS my hand and official seal. VAN P. D ICorrenisaian # # 208 206 4795 Notary Public - CaiNamia Signature c Awersisa COWRY Conor. Oat 2018 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: 1i0i 0 Document Date: Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RAS 1151 10 171 To Mi 2-cf -1 -5 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: THIS POWER OF ATTORNEY IS NOT' ID UNLESS IT IS PRINTED ON RED BACKC 'UND. This Power of Attorney limits the acts of those name, ..,rein, and they have no authority to bind the Company excel the manner and to the extent herein stated. Certificate No. 5961671 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmedcan Fire& Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively, called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Frank Morones; Lynn A. Beimer,. Richard L. Wells all of the city of BREA , state of CA each individually if there be more than one named; its true and lawful attomey-in-fact tomake, execute;: seal; acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance ofthese presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons IN WITNESS WHEREOF this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 23rd day of .January 12013 American Fire and Casualty Company, a The Ohio Casualty Insurance Company o Liberty Mutual Insurance Company ro West American Insurance Company Y W 711 d By:�.�. a C STATE OF WASHINGTON ss GregoryVV. Davenport, Assistant Secretary R COUNTY OF KING 3 On this 23rd day of January , 2013 ,before me personally appeared Gregory W. Davenport; who acknowledged himselfto be the Assistant Secretary of Amernceo.. O m Fire and Casualty Company, Liberty. Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such; being authorized so to. do, '$.2 execute the foregoing ins W ment for the purposes therein contained by signing on behalf of the corporations by himselfas a duly authorized officer. In - > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. c HBy: ILA-.'pif. �Cta� `. _ KD Riley, NotE4 Public el O Or- m This Power of AttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-laws and Auff'orizatons ofAmedcan Fireand Casualty Company, The Ohio Casualty Insurance m w Company, Liberty Mutual. Insurance Company, and West American Insurance: Company which resolutions are now in full force and effect reading as follows:: ARTICLE IV -OFFICERS -Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,. and subject t2 to such limitation as the Chairman or the President may prescribe, shall :appoint such attorneys -in -fact; as may be necessary to act in behalf of the. Corporation to make execute, seal,: O E acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fad, subject to the limitations set forth in their respective E ti. powers of attorney, shat have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so G executed, such instruments shall be as binding as If signed by the President and atested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under athe provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority, -� ARTICLE XIII - Execution of Contracts- SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president; > and subject to such limitations as the chairman or the president may prescribe, shall appoint such atorneys-in-fact, as may benecessary to act in behalf of the Company to make, execute, p 7 seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fad subject to the limitations set forth in their Z O respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and toatach thereto the Seal of the Company. When so. executed such instruments shall be as binding as if signed by the president and attested by the secretary.. Cartificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such atomeysin-fact as may be necessary. to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistantsecretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid andbinding upon the Company with the same force and effect as though manually affixed., I, David M. Carey, the undersigned, Assistant Secretary, of American fire and Casualty Company; The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney afwhich the foregoing is a full, We and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 9th day of Februarfy .20 15 David M. CarejAssistant:Secretary LMS_12873_ON012 490 of 500 • 'NIA ALL-PURPOSE ACKNOWLEDOMENT0 _ _ ..-aYri-ads si - _aw -. �Kca..c�..r �<,v.. ca. �..a .mac ,.c. -..•.z .� - A rotary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On February 9, 2015 before me, Date personally appeared n A. Beimer, Notary Public Here Insert Name and Title of the Officer Richard L. Wells Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the rsor*-whose narno* jpre sypscribed to the within instrument and ackno ged to me that Whe/they executed the same in 6iis{/}�ter/their authorized capacity(ies; ;- nd that b ier/their signature•(S -on the instrument the persow or a entity upon behalf of which the persorpWacted, 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. LYNN A. 6EIMER WITNESS my hand and official seal. • Commission # 19G0927 i;Pm - Notary Publi-California z Z 'r,_Orange County My Comm. Expires Dec 16, 2015+ Signature Si azure of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 1.-:i. Corporate Officer — Title(s): '--; Partner — ` 1 Limited General 1-1 Individual Attorney in Fact C Trustee i ] Guardian or Conservator C] Other: Signer is Representing: Signer's Name: 7 Corporate Officer — Title(s):._ ._._ i Partner — G Limited I General -] Individual Attorney in Fact i Trustee Guardian or Conservator 7 Other: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani Brown, CMC August 26, 2015 Pavement Coatings Co. Attn: Doug Ford 10240 San Sevaine Way Jurupa Valley, CA 91752 Subject: Back Bay Drive Roadway Maintenance Project C-6005 Dear Mr. Ford: On April 28, 2015 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 May 6, 2015, Reference No. 2015000233651. The Surety for the bond is The Ohio Casualty Insurance Company and the bond number is 024051230. Enclosed is the Labor & Materials Payment Bond. Sincerely, 0� PX- Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 024051230 Premium Included in Performance Bond LABOR AND (MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Pavement Coatings Co. hereinafter designated as the 'Pdnclpal," a contract for the work necessary for the completion of this contract consists of (1) clearing existing pavement surfaces of debris, soils, and other loose materials, (2) removing existing traffic striping, pavement markings, and raised pavement markers, (3) crack sealing, (5) placing emulsion aggregate slurry seal, (t) placing seal coat, (7) installing new traffic striping, pavement markings, and raised pavement markers, (8) removing existing signs, posts and hardware, (9) Installing new signs, posts and hardware and other Incidental Items of work necessary to complete the work In place, 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 Pdnclpars 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 Ohio Casualty Insurance Company duly authorized to transact business under the laws of the Stab of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Eighty Two Thousand Ninety Eight Dollars and 201100 (;182098.20) 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 Califomia. Pavement Coatings Co. Page A-1 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. 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 stn day of February , 2015 . Pavement Coatings Co. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of surety 790 The City Drive South, Suite 200, Orange, CA 92868 Address of Surety (800)763-9268 Telephone Richard L. Wells, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Pavement Coatings Co. Page M2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of iR\VA_ 051 r)g!r ) On r[a_&V5 before me, V14N P- dun cho , Ne 'rt4/Lyi°�t I C to Here Insert Name and Title 'of the Officer personally appeared id o &i Name(p) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name(q) is/ar, — subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in his/ho;4heic authorized capacity(ies), and that by his/he;40,eir signature(s) on the instrument the person(P), or the entity upon behalf of which the person,) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. VAN P. DUNCAN / Commission 0 2084795 (I// `z :� Notary Public - California Signature �----- Riverside ComitySignature of Notary Public Comm. Expires Oct 2018+ Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: L, As,&e r_ HA-mdt At s en®w-a Document Date: Z `cf - 1.5 Number of Pages: I-- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: THIS POWER OF ATTORNEY IS NOT' ID UNLESS ITIS PRINTED ON RED Il 'UND. This Pourer of Attorney limits the acts of those name- .:rein, and they have no authority to bind the Company excel, the manner and to the extent herein stated. Certificate No, 5961670 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies!'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Frank Morones; Lynn A. Balmer; Richard L. Wells all of the city of BREA, state of CA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 23rd day of January 12013 American Fire and Casualty Company - The Ohio Casualty Insurance Company o Liberty Mutual Insurance Company 0 West American Insurance Company a ui 2 C STATE OF WASHINGTON ss Gregory VV. Davenport, Assistant Secretary COUNTY OF KING all mm On this 23rd day of January , 2013 before me personally appeared Gregory W. Davenport, who. acknowledged himself to be the Assistant Secretary of American u y Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, G m execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. d > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. NR 7 co •y By: w^ co` KD Riley, N Public ej O Y C a This Power of Attorney is made and executed pursuant to and by authority of the following By and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance y^ Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: m ` ARTICLE IV—OFFICERS—Section 12. Power of Attorney- Any officer a other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject C0 to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys4n-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, O E ackrimledge and deliver as surety any and all .undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective E y^ powers of affomey, shall have full power to bind the Corporation by their signature and execution of any suchinstruments and to attach thereto the seal of the Corporation. When so w executed, such instruments shall be as binding as ff signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article maybe revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. -� ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, > ` and subjectto such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act inbehalf of the Company to make, execute, p seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys�in-fact subject to the limitations set forth in their 2 u respective powers of atomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as If signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint. such attorneys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Otiw Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 9th day of Februaryy 15 By: David M. Carey Assistant Secretary LMS 12873 092012 489 of 500 CALIFORNIAACKNOWLEDGMENT 0 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On February 9, 2015 before me, Lynn A. Beimer, Notary Public Date Here Insert Name and Title of the Officer personally appeared Richard L. Wells Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be th ersor*—whose nam+are (*his to the within instrument and acknowwged to me thathe/they executed the same In hisi-sf/Aer/their authorized capacityjigs} and that byQiler/their signatures}en the instrument the persor> or he entity upon behalf of which the persor}{d�cted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LYNN A. eEIMER WITNESS my hand and official seal. Commission # 1960927 j Notary Public -California > Orange County Signature_ My Comm. Expires Dec 16. 2015 S' nature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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(s) Signer's Name: _ L- Corporate Officer — Title(s): Partner — . 1 Limited General i- Individual ---'Attorney in Fact Trustee I Guardian or Conservator Other: Signer Is Representing: Signer's Name: I Corporate Officer — Title(s): -1 Partner — 1: 1 Limited ' General -1 Individual Attorney in Fact l Trustee Guardian or Conservator 1 Other: Signer Is Representing: —.-- 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1.800-876-6827) Item #5907 RECORDING REQUESTED BY AND WHEN RECORRED:R9TURN TQ.? I City Clerk City of Newport Beach 100 Civic Cent(4r Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Ng yen, Clerk -Recorder ! l N0 FEE iIII !III!!I I i�IIII�I VIII'ill�l�III�I��,!III','IIIiVIIIIIII�II �!iiI *$ R 0 0 0 7 5 0 1 1 3 6$ 20150002336518:01 am 05106115 47 411 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Pavement Coatings Co. of Jurupa Valley, CA, as Contractor, entered into a Contract on February 11, 2015. Said Contract set forth certain improvements, as follows.- Back ollows: Back Bay Drive Roadway Maintenance Project C-6005 Work on said Contract was completed, and was found to be acceptable on April 28, 2015 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Ohio Casualty Insurance Company. Ptrb�ric Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge.] n Executed on ��� at Newport Beach, California. BY City Clerk •�� •fkrx �_ CITY OF NEWPORT BEACH CITY CLERK'S OFFICE Leilani Brown, MMC April 29, 2015 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: • Back Bay Drive Storm Drain Rehabilitation Project Contract No. 5284 • Back Bay Drive Roadway Maintenance Project Contract No. 6005 Please record the enclosed documents and return to the City Clerk's Office. Thank you. Sincerziy,- - - - - 091 i M) Leilani I. Brown, MMC City Clerk Enclosures 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • 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 Pavement Coatings Co. of Jurupa Valley, CA, as Contractor, entered into a Contract on February 11, 2015. Said Contract set forth certain improvements, as follows: Back Bay Drive Roadway Maintenance Project C-6005 Work on said Contract was completed, and was found to be acceptable on April 28, 2015 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Ohio Casualty Insurance Company. City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. 9� �A Executed on / l bl l I li"`I I �`+�� at Newport Beach, California. BY City Clerk C. CLY Clerk CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed 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 28th day of January, 2015, at which time such bids shall be opened and read for BACK BAY DRIVE ROADWAY MAINTENANCE PROJECT Title of Project Contract No. 6005 $217,000 Engineer's Estimate Approved by Mark Vukojevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A " or " C-12 " For further information, call Brad Sommers, Project Manager at (949) 644-3326 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA nov CLICK: Online Services/B/dding & Bid Results City of Newport Beach BACK BAY DRIVE ROADWAY MAINTENANCE PROJECT Contract No. 6005 INSTRUCTIONS TO BIDDERS 1. 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 cashiers 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. 3 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. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 (with limited exceptions from this requirement for bid purposes only under Labor Code section 1771. Ila)]. 10. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 12. 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". 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 303609 a C-32 Contractor's License No. & Classification Pavement Coatings Co. Bidder _ --�� President Authorized Signafure/Title 01-27-15 Date 51 City of Newport Beach E Contract too. GoO5 BIDDER'S BAND 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 10% of Bid Amount Dollars ($ 1o% of Bid Amount , to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of SACK BAY DRIVE ROAE)WAYE:e:Ahv'CE PROJECT, Contract No. 6006 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 fors 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 d 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 23rd da Pavement Coatings Co. Name of Contractor (Prinolpal) The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South, Suite 200, Orange, CA 92868 Address of Surety (800) 763-9268 Telephone Richard L. Wells, Attorney -In -Fact Print Name and Title (Notary acknowledgment of Prriin_cipal $t Surety must be attached) 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of On Lij, 2 (p 1�/s before me, V4 P-/ , ,uLle-4-1v Nd ; � 17 D to Here Insert Name and Title of e Officer personally appeared V.i p � (� `.:��� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name(g) is/are'- subscribed to the within instrument and acknowledged to me that he/849/t149y the same in his/hecdb.eir authorized capacity(+9s), and that by his/laeatheir signature f sj on the instrument executed the pe sons) or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ;V '�;Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document:�� ►� 4,01-ro Document Date: 1_ y 3— Z o 1 __s - Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 'D Corporate Officer — Title(s): Partner — Ej Limited J General ❑ Individual ❑ Attorney in Fact i- Trustee -i Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): �] Partner — ❑ Limited ❑ General Ji Individual it Attorney in Fact C Trustee F� Guardian or Conservator Other: Signer Is Representing: O 1 � • • �`-•`.�..�...c�5�5:�5�5�5:-�5�5'..5:�5:�5�5'✓:�'5:�5:-=5��5`;5�5 THIS POWER OF ATTORNEY IS NOT' ID UNLESS IT IS PRINTED ON RED BACKq' `UND. This Power of Attorney limits the acts of those namt. -,rein, and they have no authority to bind the Company excel the manner and to the extent herein stated. Certificate No. 5961639 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Frank Morones; Lynn A. Beimer; Richard L. Wells all of the city of BREA state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 23rd day of January , 2013 STATE OF WASHINGTON ss COUNTY OF KING American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: ti Gregory W. Davenport, Assistant Secretary On this 23rd day of January 2013 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. By: Frit Lam_-, KD Riley, Not Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV - OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attorneys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 3rd day of January 201 c. By: David M. Carey, Assistant Secretary LMS_12873_092012 458 of 500 CALIFORNIA ALL-PURPOSEACKNOWLEDGMENT CIVIL CODEi• f.:a., C, Y •..�,f..�< ca ¢�•.�•..�. .aa<.c�•.Tt C.c� , f . '� .�.\.v.f:a3.:af:w�� �f;.av :\V sars�C;.af:w.ay.aC:.�Cs� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On January 23, 2015 before me, Lynn A. Beimer, Notary Public Date Here Insert Name and Title of the Officer personally appeared _ Richard L. Wells Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above 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 L? /& S gnature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form, to an unintended 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(s) Signer's Name: J Corporate Officer — Title(s): J Partner — J Limited i-1 General J Individual EE'Attorney in Fact J Trustee J Guardian or Conservator E] Other: Signer Is Representing: Signer's Name: D Corporate Officer — Title(s): -1 Partner — J Limited J General 7-1 Individual Attorney in Fact -1 Trustee 1. Guardian or Conservator 1 Other: Signer Is Representing: _ 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ^: LYNN A. BEIMER Commission # 1960927 � i-Gwae`"- Notary Public -California D Orange County My Comm. Expires Dec 16, 2015' Place Notary Seal Above 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 L? /& S gnature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form, to an unintended 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(s) Signer's Name: J Corporate Officer — Title(s): J Partner — J Limited i-1 General J Individual EE'Attorney in Fact J Trustee J Guardian or Conservator E] Other: Signer Is Representing: Signer's Name: D Corporate Officer — Title(s): -1 Partner — J Limited J General 7-1 Individual Attorney in Fact -1 Trustee 1. Guardian or Conservator 1 Other: Signer Is Representing: _ 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RESOLUTION OF BOARD OF DIRECTORS OF PAVEMENT COATINGS COMPANY RESOLVED, That all officers of the Company (being the President, Douglas Ford; the Secretary, Tom Mucenski; the Assistant Secretary, Van P. Duncan; and the Treasurer, Bernard Hale) are hereby authorized and empowered to enter into contracts, sign bid documents and otherwise execute agreements in the normal course of business and upon such terms and conditions as may be agreed by the Company and the counterparty (ies). I, Doug Ford, do hereby certify that I am the duly elected and qualified President and keeper of the records and corporate seal of Pavement Coatings Company, a corporation organized and existing under the laws of the State of California, and that the above is a true and correct copy of a resolution duly adopted at a meeting of the Board of Directors thereof, convened and held in accordance with the Bylaws of said Corporation on the 14th day of December, 2014, and that such resolution is now in full force and effect. IN WITNESS WHEREOF, I have affixed my name as President and have caused the corporate seal of said Corporation to be hereunto affixed, this 27th day of January, 2015 -L Doug Ford, President Pavement Coatings Co. City of Newport Beach BACK BAY DRIVE ROADWAY MAINTENANCE PROJECT Contract No. 6005 DESIGNATION OF SUBCONTRACTORS) 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: rc VV � M S :� LAY 2 Ph ne:_ V ��'1 �.�� s rr�n C State License Number: _3-7 6 00 Email Address: Name: Address: Phone: State License Number: Email Address: Name: Address: Phone: State License Number: Email Address Pavement Coatings Co. Bidder 9 President Authorized Signature/Title City of Newport Beach BACK BAY DRIVE ROADWAY MAINTENANCE PROJECT Contract No. 6005 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name Pavement Coatings Co 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 Runway & Taxiway Rehabilitation Spec. #DOA 13-08 Project Name/Number _Pro! . #CMA -182; FAA AIP No 3-06-0339-2013 Project Description Application of Type II RAP Slurry Approximate Construction Dates: From 0 4/ 0 7/ 2 014 To: 05-23-2014 Agency Name County of Ventura Contact Person Erin Powers, P . A Telephone (30� 388-4205 884,970.00 Original Contract Amount $ Final Contract Amount $ 1, 0 0 0, 714 . 74 If final amount is different from original, please explain (change orders, extra work, etc.) Work added by Change Order 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 9 No.2 2014 Slurry Seal Project No. 751-14 Project Name/Number Contract No. C3 3 2 3 0 Project Description Application of RPMS Slurry Seal Type II Approximate Construction Dates: From 0 5/ 0 5/ 2 014 To: 08-28-2014 Agency Name City of Palm Desert Contact Person Ryan Gayler Telephone (6 0776 - 6450 1,608,780 Original Contract Amount $ Final Contract Amount $L1 , 5 9 3 , 6 5 3 . 8 8 If final amount is different from original, please explain (change orders, extra work, etc.) Reduction in Quantity Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 3 Project Name/Number On Call RAP Slurry Seal - Fall 2014 Project Description Application of Type II RAP Slurry Seal Approximate Construction Dates: From 0 9 / 0 8 / 2 014 To: 10/01/2014 Agency Name City of Garden Grove Contact Person Robert Moungey Telephone (71 1 741-5385 Original Contract Amount $2 5 5, 3 8 (Final Contract Amount $ 2 5 5, 3 8 0. 0 0 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 10 No.4 Slurry Seal Project Area "D", Cash Contract Project Name/Number No. S.S. 643 Project Description Application of Type II Slurry Seal Approximate Construction Dates: From 11 / 0 8 / 2 013 To: 12 - 0 2 - 2 013 Agency Name City of Downe Contact Person Desi Gutierrez, P.E. Telephone(6� 904-7246 Original Contract Amount $2 3 3, 3 8 Final Contract Amount $ 2 6 3, 7 9 0. 0 0 If final amount is different from original, please explain (change orders, extra work, etc.) Additional work by Change Order Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 5 Project Name/Number Sinaloa Avenue, et al. Project No. RDC0015550 Project Description Application of Type II Rap Slurry Seal Approximate Construction Dates: From _0 6 / 2 6 / 2 013 To: i i / 0 5 / 2 013 Agency Name County of Los Angeles Contact Person Abigail Flores Telephone (621 458-3157 2,225,440 Original Contract Amount $ Final Contract Amount $ 1, 9 3 3, 182 If final amount is different from original, please explain (change orders, extra work, etc.) Some of Work Concluded in 2014 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 11 No. 6 Project Name/Number East Side Slurry Seal Project. No. 12-05 Project Description Application of Type I Slurry Seal Approximate Construction Dates: From 0 4 / 0 3 / 13 To: 08/30/13 Agency Name City of Costa Mesa Contact Person Larry Dre iman , P. E. Telephone (71 1 7 5 4- 5 0 9 6 Original Contract Amount $6 2 6, 8 0 -'incl Contract Amount $ 5 8 0, 15 3 . 0 0 If final amount is different from original, please explain (change orders, extra work, etc.) Reduction in amount of Streets 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 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 ontractor's current financial conditions. Pavement Coatings Co. President Bidder Authorized Signature/Title 12 PAVEMENT COATINGS CO. 10240 San Sevaine Way, Jurupa Valley, CA 91752 (Phone) 714-826-3011, (Fax) 714-826-3129 Contractor's License Number 303609 Management/Supervision Team Marc Mumford: Slurry Seal 34 years — 10 years with various Southern California slurry seal contractors, Superintendent at Pavement Coatings Co., for 24 years, in charge of actual fieldwork, oversees multiple crews. Interact on a daily basis with engineers of owners/agencies and the general public as it relates to our working schedule. Work's in the field and on company equipment as required. Report to the President on a daily basis. Bryan Boudreaux: Slurry Seal 26 years, 12 years with various Southern California companies, Superintendent at Pavement Coatings Co., for 14 years, in charge of actual fieldwork, oversees multiple crews. Interact on a daily basis with engineers of owners/agencies and the general public as it relates to our working schedule. Work's in the field and on company equipment as required. Report to the President on a daily basis. .r, City of Newport Beach BACK BAY DRIVE ROADWAY MAINTENANCE PROJECT Contract No. 6005 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of Riverside Doug Ford being first duly sworn deposes and says that he or sVe is Press en of Pavement Coatings Co. the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that parry making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the Sta a i nia that the foregoing is true and correct. Pavement Coatings Co. President Bidder Authorized Signa re/Title Subscribed and sworn to (or affirmed) before me on this 27thday of January , 2015 by Doug Ford proved to me on the basis of satisfactory evidence to be the person($) 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. r / Notary Public [SEAL] My Commission Expires: 30 2a! ------------------- VAN P. DUNCAN Commission N 2084795 Z Notary Public - Cal"ornia Allmlide County Comm. res Oct 30 2018 13 City of Newport Beach BACK BAY DRIVE ROADWAY MAINTENANCE PROJECT Contract No. 6005 DESIGNATION OF SURETIES Bidder's name Pavement Coatings Co. 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): The Ohio Casualty Insurance Company (714) 634-3311 790 The City Drive S Ste 200 Orange CA 92868 Adamson McGoldrick Insurance (714)257-9644 1800 East Lambert Road, Brea, CA 92821 Arch Insurance Company / MMA - Minneapolis 7225 Northland Dr., N. #300, Minneapolis, MN 55428 (866)746-7485 14 City of Newport Beach BACK BAY DRIVE ROADWAY MAINTENANCE PROJECT Contract No. 6005 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Pavement Coatings Co. Record Last Five (5) Full Years Current Year of Record i it, ni rinaaon requirea Tor inese 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 2014 2013 2012 2011 2010 Total 2015 No. of contracts 0 9 0 71 95 86 107 449 Total dollar Amount of Contracts (in 0 23,500 19,583 18,262 9,883 14,765 85,993 Thousands of $) No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 3 46 49 No. of lost workday cases involving permanent transfer to 0 0 0 0 0 0 0 another job or termination of employment i it, ni rinaaon requirea Tor inese 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 Pavement Coatings Co. Business Address: 10240 San Sevaine Way, J.V. CA 91752 Business Tel. No.: 714/826-3011 State Contractor's License No. and Classification: 303609 A C-32 Title President The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title 01-27-15 President 01-27-201 Secretary 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 W, CALIFORNIA•• •WLEDGMENT CIVIL CODE § 1185 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of e IVF fest OF_ ) On JAP(A A kV Z�, ZOIS before me, V AIL) IP • du11)C.,4A-) No , r4 V✓_ Date Here Insert Name and Title o the Officer personally appeared ✓ '9 QCl X50 2 d� , DNt /-, f Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that I;e/�they executed the same in hi�their authorized capacity(ies), and that by h!&AieiAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. VAN P. DUNCAN Commission #f 2084795 Z :h"•' Nohry Public - California = Riverside County CM. Oct 30 2018 + Place Notary Seal Above 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 Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: 1vel rsr,q f Fcq Yl--- Document Date Number of Pages: :z__ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited `] General ❑ Individual ❑ Attorney in Fact I Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: City of Newport Beach BACK BAY DRIVE ROADWAY MAINTENANCE PROJECT Contract No. 6005 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Pavement Coatings Co. 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 BACK BAY DRIVE ROADWAY MAINTENANCE PROJECT Contract No. 6005 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: Pavement Coatings Co. Business Address: 10240 San Sevaine Way, Jurupa Valley, CA 91752 Telephone and Fax Number: 714/826-3129 California State Contractor's License No. and Class: 3 0 3 6 0 9 A C-32 (REQUIRED AT TIME OF AWARD) Original Date Issued: 03 - 0 3 -19 7 5Expiration Date: 09-30-2016 List the name and title/position of the person( who inspected for your firm the site of the work proposed in these contract documents: Bryan Boudreaux, Superintendent The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone 10240 San Sevaine Way Doug Ford, President Jurupa Valley, CA 91752 714/826-3011 Thomas Mucenski, Secretary Same as above Bernard Hale, Treasurer Same as above Corporation organized under the laws of the State of California 18 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: None All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: None 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; None Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. No Have you ever failed to complete a project? If so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes No 19 Are any claims or actions unresolved or outstanding? Yes /& 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. Pavement Coatings Co. Bidder Doug Ford (Print name of Owner or President of C tion/Company) President Authorized Signature/Title President Title 01-27-2015 Date OnJanuary 27, 2O1 %efore me, Van P. Duncan Notary Public, personally appeared Doug Ford who proved to me on the basis of satisfactory evidence to be the person($) whose name() is/ar& subscribed to the within instrument and acknowledged to me that he/sheMiey executed the same in his/berltheir authorized capacity(ies), and that by his/her/their signature(aj on the instrument the person), or the entity upon behalf of which the person(?) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. V0,_ /-/ �l�.� � (SEAL) Notary Public in and for said State My Commission Expires: ew VAN P. DUNCAN Commission # 208/795 i w Notary PublIC - California i Riverside County M Comm. Ex ire$ Oct 30, 2018 City of Newport Beach BACK BAY DRIVE ROADWAY MAINTENANCE PROJECT Contract No. 6005 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 BACK BAY DRIVE ROADWAY MAINTENANCE PROJECT CONTRACT NO. 6005 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 11th day of February, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PAVEMENT COATINGS CO., a California corporation ("Contractor"), whose address is 10240 San Sevaine Way, Jurupa Valley, California 91752, 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: The work necessary for the completion of this contract consists of (1) clearing existing pavement surfaces of debris, soils, and other loose materials, (2) removing existing traffic striping, pavement markings, and raised pavement markers, (3) crack sealing, (5) placing emulsion aggregate slurry seal, (6) placing seal coat, (7) installing new traffic striping, pavement markings, and raised pavement markers, (8) removing existing signs, posts and hardware, (9) installing new signs, posts and hardware 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, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 6005, 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 One Hundred Eighty Two Thousand Ninety Eight Dollars and 20/100 ($182,098.20). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Bryan Boudreaux, Superintendent, to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. Pavement Coatings Co. Page 2 6. 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.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Doug Ford Pavement Coatings Co. 10240 San Sevaine Way Jurupa Valley, CA 91752 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Pavement Coatings Co. Page 3 Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 11. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Pavement Coatings Co. Page 4 Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or Pavement Coatings Co. Page 5 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. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. Pavement Coatings Co. Page 6 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Pavement Coatings Co. Page 7 Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee Pavement Coatings Co. Page 8 or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Pavement Coatings Co. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTO N Y'S OFFICE Date: 2-11511 B OA Aaron C. Harp (AM 0\11q It f - City Attorney ATTEST: Date: By: 000/h Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: 9L - l -X---1 -Y&C.--, 6/&� & Edward D. Selich Mayor CONTRACTOR: Pavement Coatings Co., a California corporation Date: 2 - /o By: Doug Ford President Date: 2—%D,,/ S By. Tom Mucenski Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Pavement Coatings Co. Page 10 EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 024051230 Premium Included in Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Pavement Coatings Co. hereinafter designated as the 'Principal," a contract for the work necessary for the completion of this contract consists of (1) clearing existing pavement surfaces of debris, soils, and other loose materials, (2) removing existing traffic striping, pavement markings, and raised pavement markers, (3) crack sealing, (5) placing emulsion aggregate slurry seal, (B) placing seal coat, (7) Installing new traffic striping, pavement markings, and raised pavement markers, (8) removing existing signs, posts and hardware, (9) installing new signs, posts and hardware and other Incidental items of work necessary to complete the work in place, 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 Principars 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 Ohio Casualty Insurance Company 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 One Hundred Eighty Two Thousand Ninety Eight Dollars and 20/100 ($182,098.20) 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 specked 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 9564 of the Civil Code of the State of California. Pavement Coatings Co. Page A-1 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. 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 9th day Of February , 2015 Pavement Coatings Co. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South, Suite 200, Orange, CA 92868 Address of Surety (800)763-9268 Telephone Richard L. Wells, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Pavement Coatings Co. Page A-2 CALIFORNIA.. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of t2tyr-r25er9e-- ) On (re-`&lUgA l��so/5 before me, Qi4N r�-/�un�cFto�, I.),p AAL,/ r°�tr'i t� , te Here Insert Name and Title of the Officer personally appeared ;do u Name(p) of Signer(a) who proved to me on the basis of satisfactory evidence to be the person( whose name(q) is/are-- subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in his/her-/th&authorized capacity(Ws), and that by his/herft#iek signatureW on the instrument the personal, or the entity upon behalf of which the person acted, executed the instrument. VAN P. DUNCAN Commission # 2084795 Notary Public - California Riverside County My Comm. res Oct 3012018 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my L hand and official seal. Signature V � - , 711 — Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: L, r !Ki a- F-wTFwr d[cs &k -A-% Document Date: ;7- -at - i Number of Pages: y— Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual L Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.Nationa]Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. ' Certificate No. 5961670 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duty organized under the laws of .the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company Isacoryoration duty organized underthe laws of the State of Indiana (herein collectivelycalled the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute ' and appoint, Prank Morones; Lynn A. Beimer, Richard L: Wells all of the city of BREA - state of CA each individually if there be more than one named, its true and lawful attorney -in -Fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 23rd day of January '.,.2013 ,. T American fire and Casualty Company HThe Ohio Casualty Insurance Company 01 o �` ; Liberty Mutual Insurance Company d d West American Insurance Company N C STATE OF WASHINGTON $s Gregory W. Davenport, Assistant Secretary COUNTY OF KING R C d17) On this 23rd "day of January , 2013 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American ro F O to Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, >,N p execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c W a) > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. `O CL d a 3 QM ?A G i KD Riley, Notdo Public m C 60 '60aOE o r% This Power of Attorney is made and executed pursuant to and by authority ofthe following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance Wp :ai " Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: - :co .0)N R;v ARTICLE IV -OFFICERS -Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject " 0) p..0 ;C D to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, O c acknowledge and deliver as surety any and all undertakings,bonds, recognizances and other surety obligations. Such attorneys -in -fact: subject to the limitations set forth in their respective :Q E di powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so — C m 0 executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under > -0 T the provisions of this article may be revoked at any fime by the Board, the Chairman: the President or by the officer or officers granting such power or authority... 0 To c ARTICLE XIII- Execution of Contracts -SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, .O0 ` Cq > d and subject to such limitations as the chairman or the president may prescribe, shall appoint such attemeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, 04 6 seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.. Such. attomeys-in-fact subject to the limitations set forth in their Z o respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 00 executed such instruments shall be as binding as if signed by the president and attested by the secretary. O m - Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such ~ r attorneys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. - Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with - the same force and effect as though manually affixed. f, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 9th .day of February , 20 5 By David M. Carrreej Assistant Secretary LMS 12973 092012 4139 of 500 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :rs,�:«.m,�c%�.ro�ramxr,�;�rrrr,�ras��i*s�ecc�c�rrrccr crse*z�r��cr:�c ae�.�r�;rt A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 1 State of California ) County of Orange__ ) On February 9, 2015 before me, Lynn A. Belrner, Notary Public Date Here Insert Name and Title of the Officer personally appeared Richard L. Wells Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the personotrwhose name( IsF re subscribed to the within instrument and acknowledged to me that te'she/they executed the same in l/hiser/their authorized capacit4esrand that by(fiis/her/their signature),on the instrument the person < or the entity upon behalf of which the persor)(s) acted, executed the instrument. LYNN A. BEIMER F� Commission # 1960927 Notary Public - California n orange County My Comm. Expiros Dec 16, 2015 �. Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature.__,! S@nature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ Corporate Officer — Title(s): Partner — 12 Limited ' General F Individual Attorney in Fact t Trustee Guardian or Conservator - Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): _ Partner — Limited 1 General -! Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 1414911-iii=3 CITY OF NEWPORT BEACH BOND NO. 024051230 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 983.00 being at the rate of $ 5.40 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Pavement Coatings Co. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of (1) clearing existing pavement surfaces of debris, soils, and other kme materials, (2) removing existing traffic striping, pavement markings, and raised pavement markers, (3) crack sealing, (5) placing emulsion aggregate slurry seal, (B) placing seal coat, (7) installing new traffic striping, pavement markings, and raised pavement markers, (8) removing existing signs, posts and hardware, (9) installing new signs, posts and hardware and other Incidental items of work necessary to complete the work in place, 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 Ohio Casualty Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Eighty Two Thousand Ninety Eight Dollars and 201100 ($182,098.20) 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 respells 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 ed in this Performance Bond, there shall be included costs and reasonable Pavement Coatings Co. Page event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder 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 formai 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 9th day of February 2015 . Pavement Coatings Co. Name of Contractor (Principal) The Ohio Casualty Insurance Company_ Name of Surety 790 The City Drive South, Suite 200, Orange, CA 92868 Address of Surety (800)763-9268 Telephone Richard L. Wells, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTORAND SURETY MUST BE ATTACHED Pavement Coatings Co. Page B-2 CALIFORNIA.. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) Countyof illUJ2Sri7y ) On F&61d ,4e, V 16, ZcvtS before me, U41- fa, 12K•.e4-.✓ /j- T-rE al 12&t c r C_ DateHere Insert Name and Tit/ of the Officer personally appeared 66u(J- /Z L� Name(o of Signer(k) who proved to me on the basis of satisfactory evidence to be the person�4 whose name() Waco - subscribed to the within instrument and acknowledged to me that he/sbe,#ey executed the same in his/her/their authorized capacity(ies), and that by his/he4he4.signature(s) on the instrument the person(s), or the entity upon behalf of which the personn/j acted, executed the instrument. 1 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. VAN P. DUNCAN Commission 4' 2084795 iQ�_; Notary Public - California Signature Riverside County Signature of Notary Public MY Cann. irae Oct 2018+ Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: /i4 i 0 Document Date: Number of Pages: `L- Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: D. Corporate Officer — Title(s): ❑ Partner — D. Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 2 -Cr -05 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General Individual [-.Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: THIS TOWER OF ATTORNEY IS NOT VALIDUNLESS IT IS PRINTED ON RED BACKGROUND.' '. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.' Certificate No. 5961671 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmedcan Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of - the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmericanInsurance Company '.. is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Frank Morones; Lynn A. Balmer; Richard L. Wells all of the city of BREA - state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings; bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as tt they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed ' thereto this 23rd da of January 2013 .. : American Fire and Casualty Company Y � The Ohio Casualty Insurance Company N w I 0 liberty Mutual Insurance Company a> CL West American Insurance Company w v .be y .... By: 3 s C STATE OF WASHINGTON as GregoryDavenport, Assistant C i = COUNTY OF KING - dt& On this 23rd. :day of January.. , 2013 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American to F 0 y Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, TN 0 m execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. :� W Y > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. `0 CL c y By: 0 t 0 ` KD Riley, Notah4 Public C -. ;to NO om 0E. D_cc 0L This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fre and Casualty Company, The Ohio Casualty Insurance WD y^^� Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: Of N M d ARTICLE N—OFFICERS-Section 12: PowerofAttomey. Any offceror other official ofthe Corporation authorized for that purpose in wrilingby the Chairman or the President, and subject ♦+ � . 0 C ?Cl) to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, > a p acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective E ai powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so '— to executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under > the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. '— > d ARTICLE XIII — Execution of Contracts -SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, .r.00 and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute,. i a `o p seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fad subject to the limitations set forth in their = Z respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 06 executed such instruments shall be as binding as if signed by the president and attested by the secretary. 0 m O . Certificate of Designation =The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such ~ `— attorneys-inrfact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and 'other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the -Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. - I; David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the PowerofAttorney executed by said Companies, is in full force and effect and has not been revoked `'..IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 9th dayofFebTuary2Q 15 David M. Carey, Assistant Secretary LMS 12873 092012 490 of 500 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 r<;rc< �:.�ccsGrr�nxcrrzrsacr:�r.c`��.csysvm�.c�e�,�are.car.rs:re�ar�.rYer„:��rre���sc��xs A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Orange } On February 9, 2015 before me, Lynn A. Beimer, Notary Public Date Here Insert Name and Title of the Officer personally appeared Richard L. Wells Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person* -whose name(§l scare subscribed to the within instrument and ackno ledged to me that he/they executed the same in is edtheir authorized capacity(iesj-and that ti sorer/their signaturg(5 an the instrument the persola ' or e entity upon behalf of which the perso�acted, executed the instrument. Q LYNN A. BEIMEA Commission # 1960927 Notary Public - California z z ' Orange County 9 Y My Comm. Expires Dec 16, 2015 Place Notary Seal Above 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. r Signature _ <,,,,,, /��_ Sighature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _ Document Date: Number of Pages: Signer(s) Other Than Named Above: _ Capacity(les) Claimed by Signer(s) Signer's Name: -,- Corporate _Corporate Officer — Title(s): _ Partner — : 'Limited General Individual Attorney in Fact Trustee Guardian or Conservator i !Other: Signer Is Representing: Signer's Name: _ Corporate Officer — Tdle(s): Partner — Limited I General -' Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: :c.':k.�e.�w'�.eae-c"�h.� c.^tvwcv:.'�'.;`K�."�E�a3rc:�.s:;<x-sw'S�uY;x^ww�azu.zx.�=s�"cti.;;.x•�'�rc>;.,cmti„sx;.�"L`Kz.^�.`rn:�i 02014 National Notary Association - www.NationaiNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employers 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 Pavement Coatings Co. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to 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, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 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 Pavement Coatings Co. Page C-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. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self - insure its obligations to City. If Contractor's existing coverage includes a Pavement Coatings Co. Page C-3 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 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. 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. Pavement Coatings Co. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 2/12/15 Dept./Contact Received From: Raymund Date Completed: 2/12/15 Sent to: Raymund By: Alicia/Renee Company/Person required to have certificate: Pavement Coatings Co Type of contract: Pubtic Works I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/14 to 1011/15 A. INSURANCE COMPANY: Arch Insurance Company B. AM BEST RATING (A-: VII or greater): A+; XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1 M or greater): What is limit provided? E. ADDITIONAL INSURED ENDORSEMENT— please attach F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? 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? K. ELECTED SCMAF COVERAGE (RECREATION ONLY): L. NOTICE OF CANCELLATION: ® Yes ❑ No 1,000,000/2,000,000 ® Yes ❑ No /1 ■ Yes ® No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/14 to 10/1/15 A. INSURANCE COMPANY: Arch Insurance Company B. AM BEST RATING (A-: VII or greater) A+ XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 2,000,000 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/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 10/1/14 to 10/1/15 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 $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® NIA ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A X Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? P Approved: 2/12/15 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ►/ ■ ■ • RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BACK BAY DRIVE ROADWAY MAINTENANCE PROJECT CONTRACT NO, 6005 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: PR 1 of 5 The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 6005 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization and Demobilization @ "ollars and Cents $ it�C� U� Per Lump Sum 2, 20,000 S.F. Remove Existing Striping Dollars {L r -4iy, and Cents $ t/ ° $ — Per Square Foot 3. Lump Sum Install Crack Seal „ @ i`E W6Lu' Dollars and 2 �'�✓ Cents Per Lump Sum PR2of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 391,000 S.F. Install Type 1 Slurry Seal 5. 91 7 91 0 @ 2 ¢pd Dollars `` and Cents $ d . �� $ . CIO Per Square Foot Lump Sum Remove Existing Markers and Signs @ic�v���rw5a� n .sz Dola�rs and �CL,D Cents $ Per Lump Sum Lump Sum Furnish Pavement Marking Stencils @ t TW O `t &J, wo 'tA D tars e 2� and Cents Per Lump Sum 33,800 L.F. Install 4 inch Thermo Plastic Solid White Striping @ or -6 Dollars and 1 (CD E_ Cents $ 0 a o $ Per Linear •oot 16,900 L.F. Install 4 inch Thermo Plastic Solid Yellow Striping @ `l�S %� Dollars {� and n� $ r Cents $ Ua5U oo Per Linear Foot 140 L.F. Install 4 inch Thermo Plastic Double Yellow Center Line @ Sl Dollars and (} a Cents $ IrA� $ Per Linear Foot PR3of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 50 L.F. Install 6 inch Thermo Plastic Solid White Striping @ (s >l Dollarsand }} C nts $ 1<1V $ 5 U Per Linear Foot 11. 70 L.F. Install 8 inch Thermo Plastic Solid White Striping @ ��Dollars and ` q 77Dv 0 ACS Cents $ 1 a $ tV Per Line r Foot t 12. 165 L.F. Install 12 inch Thermo Plastic White Striping @ S Dollars and 5 ( Cents $ l91 $ u Per Linear oot 13. 3,100 S.F. Install ,Thermo Plastic Pavement Legends Dollars and Cents $m�S Pe Sciare Foot 14. 34 Ea. Install Storm Drain Marker J��@ Dollars (� and xx r� `+ Cents $ �1. S� $ Each 15. 220 Ea. Install Edge Marker @ MAS A�NW6nllars (� and CI.� c da r t Cents $ :)v $ J Each PR4of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 76 Ea. Install Sign �1-(,ur, tv�> ollars� and I b Cents Each 17. 50 Ea, Install Wood Sign Post 0 Ea 20. $ M5, a $ �1�10 ID @ 9 '�\NrI-Q-Dollars and S 't; Cents $ 1 , 50 $ 'A Each —' 10 Ea. Relocate Sign ti @ OAZVu�tie� `� Dollars and 2, e-7-1 Cents Each 2 Ea. install New Sign on Existing Post/Pole @�W6 Iwn t A Dt ilars aG�r� Cents $ h�.and�� $ -t��, �� Each 1 Ea. Realign K -Rail @ f""1 c d ollars and Q.( --U Cents Each $ 5m leo S00,0d PR5of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 21. 6 Ea. Install New Sign/Deliln-e#for Post on K -Rail @ (yn �4 "Dollar and b Cents $ rs �� $ Each 22. 31 Ea. Install Mile Marker @ 4 mo Dollars and Cents $ SD2 $ Each 23. Lump Sum As Built Plans Dollars and Cents Per Lump Sum TOTAL` PRICE INP>irWRITTEN WORDS '3R_0. Y1 r,A l-1,A�AIt tan and Cents 01/27/2015 Date 714/826-3011 714/826-3129 Bidder's Telephone and Fax Numbers 303609 A C-32 Bidder's License No(s). and Classification (s) Price Pavement Coatinas Co. SODS ob Bidder _� /J} Pre -1 dent Bidder's Authorized Signature and Title 10240 San Sevaine Way Juruoa Vallev, CA 91752 Bidder's Address Bidder's email address: dford@pavementcoatings.com Last saved by Sommers, Brad01l1412015 11:48 AM flusers\pbwlshared\contracts*14-15 current projectsl300- traffi6k-6005 -back bay drive roadway improvements cap15-0041tb1dd1ng doamentsto-6005 proposal.doc 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 4 4 5 5 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BACK BAY ROADWAY MAINTENANCE PROJECT CONTRACT NO. 6005 INTRODUCTION PART 1 ---GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Pavement Survey Markers 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 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6-1.1 Construction Schedule 6-7 TIME OF COMPLETION 6-7.1 General 6-7.2 Working Days 6-7.4 Working Hours 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 4 4 5 5 6-9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 6 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES 6 7-1.2 Temporary Utility Services 6 7-7 COOPERATION AND COLLATERAL WORK 6 7-8 PROJECT SITE MAINTENANCE 7-8.4.3 Storage of Equipment and Materials in Public Streets 6 7-8.6 Water Pollution Control 7 7-8.6.2 Best Management Practices (BMPs) 7 7-8.7.2 Steel Plates 8 7-10 PUBLIC CONVENIENCE AND SAFETY 8 7-10.1 Traffic and Access 8 7-10.3 Street Closures, Detours, Barricades 8 7-10.4 Public Safety 9 7-10.4.1 Safety Orders 9 7-10.5 "No Parking" Signs 9 7-10.6 Notices to Residents 9 7-15 CONTRACTOR LICENSES 9 SECTION 9 MEASUREMENT AND PAYMENT 10 9-3 PAYMENT 10 9-3.1 General 10 9-3.2 Partial and Final Payment 13 PART 2 ---CONSTRUCTION MATERIALS SECTION 203 BITUMINOUS MATERIALS 13 203-5 EMULSON AGGREGATE SLURRY 13 203-5.2 Materials 13 203-9 SEALCOAT-ASPHALT BASED 13 203-9.1 General 13 SECTION 214 PAVEMENT MARKERS 14 214-4 NONREFLECTIVE PAVEMENT MARKERS 14 214-5 REFLECTIVE PAVEMENT MARKERS 14 PART 3 ---CONSTRUCTION METHODS SECTION 300 EARTHWORK 14 300-1 CLEARING AND GRUBBING 14 300-1.3 Removal and Disposal of Materials 14 SECTION 302 ROADWAY SURFACING 14 302-4 EMULSION-AGGREAGE SLURRY 14 302-4.3 Application 14 302-4.3.1 General 14 302-4.3.2 Spreading 14 302-4.3.3 Field Sampling 15 SECTION 310 PAINTING 15 310-5 310-5.6 310-5.6.3 310-5.6.6 310-5.6.7 310-5.6.8 310-5.6.11 SECTION 312 312-1 APPENDIX A PAINTING VARIOUS SURFACES Painting Traffic Striping, Pavement Markings, and Curb Markings Equipment Preparation of Existing Surfaces Layout, Alignment and Spotting Application of Paint Pavement Markers PAVEMENT MARKER PLACEMENT AND REMOVAL PLACEMENT 15 15 15 15 15 16 16 16 16 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BACK BAY DRIVE ROADWAY MAINTENANCE PROJECT CONTRACT NO. 6005 INTRODUCTION SP 1 OF 18 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-6060-5); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements; and 2014 California Manual of Uniform Traffic Control Devices (MUTCD). 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: NOTE TO BIDDER: This project is adjacent to the Upper Newport Bay. Nesting season for endangered bird species begins March 1, 2015. Work related to the resurfacing of the roadway shall be complete by February 28, 2015. Signing and cleanup work may extend beyond February 28, 2015 but the contractor shall take steps to minimize the construction impact. To accomplish this, the following schedule shall be considered: Award of this contract is planned to occur on Tuesday, February 10. Contractor shall work to expedite all required contract documents to be ready to proceed immediately after the award of contract. The Notice to Proceed shall be dated Wednesday, February 11. 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) clearing existing pavement surfaces of debris, soils, and other loose materials, (2) removing existing traffic striping, pavement markings, and raised pavement markers, (3) crack sealing, (5) placing emulsion aggregate slurry seal, (6) placing seal coat, (7) installing new traffic striping, pavement markings, and raised pavement markers, (8) removing existing signs, posts and hardware, (9) installing new signs, posts and hardware and other incidental items of work necessary to complete the work in place." Aux 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 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 SP3OF18 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. 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." Mm. 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.' This project is adjacent to the Upper Newport Bay. Nesting season for endangered bird species begins March 1, 2015. Work related to the resurfacing of the roadway shall be complete by February 28, 2015. Signing and cleanup work may extend beyond February 28, 2015 but the contractor shall take steps to minimize the construction impact. To accomplish this, the following schedule shall be considered: Award of this contract is planned to occur on Tuesday, February 10. Contractor shall work to expedite all required contract documents to be ready to proceed immediately after the award of contract. The Notice to Proceed shall be dated Wednesday, February 11. 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." 6-7 TIME OF COMPLETION 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 30 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." SP5OF18 6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1St (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4t" 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 (New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." 6-7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 5:00 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." SP6OF18 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 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 Storage 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 SP7OF18 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 Manua/ which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publieworks 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. i. Collect all grind debris include debris created by striping removal j. Avoid impacts to any federally and/or state listed threatened or endangered species. k. Access to the worksite shall be per existing roads and access ramps. 1. Spoil sites shall not be located where spoils can be blown or washed into the Newport Bay area. m. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washing thereof, oil or petroleum products or other organic or earthen material from any construction, or associated activity shall be allowed to enter into, or be placed where it may be washed into the Newport Bay. When operations are completed, any excess materials or debris shall be removed from the work area. 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 provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. 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. 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 place fixed Notification signs at all entry points to Back Bay Drive for the duration of the project. The Contractor shall close the gates to the section of roadway that is under construction. Additional delineators, caution tape and barricades will be necessary to prevent pedestrians and cyclists from entering into the project area. 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. One week prior to the beginning of work, Contractor shall place signs are each of the four entry points to Back Bay notifying users of the closure. Notification shall also be given to the Hyatt Newport Hotel and the Dunes Resort. 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 SP 10 OF 18 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 Remove Existing Striping: Work under this item shall include full compensation for all labor, materials, tools, equipment and incidentals to remove all existing striping within the slurry seal project limits and existing striping that conflicts with the proposed striping. Existing striping is thermo plastic and should be removed by grinding or other appropriate manner. Item No. 3 Install Crack Seal: Work under this item shall include full compensation for all labor, materials, tools, equipment and incidentals for routing out cracks, applying 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), and applying asphaltic tack coat to the roadway. Contractor will be required to fill all cracks greater than 1/4" in street areas. Item No. 4 Install Type I Slurry Seal: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals to prepare the roadway surface, remove existing traffic striping and pavement markings, provide slurry test report only when initial test results do not meet specifications, place Type I slurry seal, and all other work items as required to complete the work in place. Item No. 5 Remove Existing Markers and Signs: Work under this item shall include full compensation for all labor, materials, tools, equipment and incidentals to remove all existing markers, signs and posts as detailed on the plans and in these special provisions. Item No. 6 Furnish Pavement Marking Stencils: This item shall include the cost to furnish the pedestrian, bicycle and sharrow stencils to the City upon completion SP 11 OF 18 of the project. The stencils shall be purchased new for this project, meet the 2014 California MUTCD standards and be constructed per these special provisions. Item No. 7 Install 4 inch Thermo Plastic Solid White Stripe: Work under this item shall include full compensation for all labor, materials, tools, equipment, incidentals, striping layout, and installing temporary and permanent 4 inch solid white stripe per the plans and these special provisions. Item No. 8 Install 4 inch Thermo Plastic Solid Yellow Stripe: Work under this item shall include full compensation for all labor, materials, tools, equipment, incidentals, striping layout, and installing temporary and permanent 4 inch solid yellow stripe per the plans and these special provisions. Item No. 9 Install 4 inch Thermo Plastic Double Yellow Center Stripe: Work under this item shall include full compensation for all labor, materials, tools, equipment, incidentals, striping layout, and installing temporary and permanent 4 inch double yellow center stripe per the plans and these special provisions. Item No. 10 Install 6 inch Thermo Plastic Solid White Stripe: Work under this item shall include full compensation for all labor, materials, tools, equipment, incidentals, striping layout, and installing temporary and permanent 6 inch solid white stripe per the plans and these special provisions. Item No. 11 Install 8 inch Thermo Plastic Solid White Stripe: Work under this item shall include full compensation for all labor, materials, tools, equipment, incidentals, striping layout, and installing temporary and permanent 8 inch solid white stripe per the plans and these special provisions. Item No. 12 Install 12 inch Thermo Plastic White Striping: Work under this item shall include full compensation for all labor, materials, tools, equipment, incidentals, striping layout, and installing temporary and permanent 12 inch white striping per the plans and these special provisions. Item No. 13 Install Thermo Plastic Pavement Legends: Work under this item shall include full compensation for all labor, materials, tools, equipment, incidentals, striping layout, and installing temporary and permanent pavement legends per the plans and these special provisions. Item No. 14 Install Storm Drain Marker: Work under this item shall include full compensation for all labor, materials, tools, equipment, incidentals to furnish and install the storm drain markers on uni-strut posts per the plans, these special provisions, and Appendix A. Storm drain markers will not require installation of a post base. Item No. 15 Install Edge Marker: Work under this item shall include full compensation for all labor, materials, tools, equipment, incidentals to furnish and install SP 12 OF 18 the edge markers on uni-strut posts per the plans, these special provisions, and Appendix A. Edge markers will not require installation of a post base. Item No. 16 Install Sign: Work under this item shall include full compensation for all labor, materials, tools, equipment, incidentals to furnish and install signs per the plans, these special provisions and Appendix A. Sign proofs shall be provided for all non-standard signs. This item includes one (1) additional set of sign assemblies "A" and "C and sign "F" (Mile Marker) be furnished to the City without installation. Item No. 17 Install Wood Sign Post: Work under this item shall include full compensation for all labor, materials, tools, equipment, incidentals to furnish and install wood sign posts per the plans, these special provisions, and Appendix A. Item No. 18 Relocate Sign: Work under this item shall include full compensation for all labor, materials, tools, equipment, incidentals to relocated existing signs to per the plans, these special provisions, and Appendix A. Item No. 19 Install New Sign on Existing Post/Pole: Work under this item shall include full compensation for all labor, materials, tools, equipment, incidentals to furnish and install a new sign on an existing sign post per the plans, these special provisions, and Appendix A. Item No. 20 Realign K -Rail: Work under this item shall include full compensation for all labor, materials, tools, equipment, incidentals to realign the one end of a K -Rail section approximately two feet per the plans. Item No. 21 Sign/Delineator Post on K -Rail: Work under this item shall include full compensation for all labor, materials, tools, equipment, incidentals to furnish and install the signs on delineator posts on existing K -Rail to match existing installations, plans, these special provisions, and Appendix A. Item No. 22 Install Mile Marker: Work under this item shall include full compensation for all labor, materials, tools, equipment, incidentals to furnish and install the mile marker signs (Sign "F") on wood posts per the plans, these special provisions, and Appendix A. Tamper -proof hardware shall be used for installation of the mile markers. Item No. 23 As -Built Plans: Work under this item shall include, but not be limited to, all labor and material costs for all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $500 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. SP 13 OF 18 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 and Certification), 203-3.2, and to the following specifications when tested according to appropriate ASTM Methods: 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." SP 14 OF 18 SECTION 214 --- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non -reflective pavement markers types A and AY shall be ceramic." 214-5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass -covered reflective faces or be 3M Series 290." PART 3 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?page=157 and then selecting the link Franchised Haulers List." SECTION 302 ---ROADWAY SURFACING SECTION 302-4 EMULSION -AGGREGATE SLURRY 302-4.3 Application 302-4.3.1 General. Add to this section; "Type I slurry shall be applied at the rate of 9.5 pounds per square yard. At all intersections where the intersecting street does not receive a slung 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 yliE3i7�E:3 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." 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 310-5.6.3 Equipment. Add to this section: "The contractor shall furnish the sharrow, bicycle, and pedestrian pavement stencils to the City upon completion of the project per Bid Item 6. Stencils shall be purchased new for this project, meet the 2014 California MUTCD Standards, made of 0.080 inch thick aluminum with "rolled" edges and be for the application of sprayable thermoplast or traffic paint application." 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. City approval of the striping layout is required prior to installation. 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." SP 16 OF 18 310-5.6.8 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. 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." SP 17 OF 18 APPENDIX A CITY OF NEWPORT BEACH SIGN SPECIFICATIONS General Signs shall be standard size per the California MUTCD (latest edition) unless otherwise shown. Retroreflective sheeting shall be, Type 4 or greater. Signs shall be made of aluminum (0.08 inch thickness). Unless otherwise noted or specified, new sign posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge 2'/ inch unistrut (OD) base. Unistrut base shall be installed at a depth of 18 inches in concrete and 30 inches in dirt. Contractor shall USA location prior to installing sign. Where noted and/or specified, unistrut sign posts may be installed without use of a base. Sign posts shall be installed at a minimum depth of 18 inches in dirt. Where noted and/or specified, signs shall be installed on new wood posts. Wood sign posts shall be redwood 4X4. Wood posts shall be furnished and installed per Caltrans 2010 Standard Specification Section 56-4 (ROADSIDE SIGNS) and per 2010 Caltrans Standard Plan RS2 (ROADSIDE SIGNS WOOD POST TYPICAL INSTALLATION DETAILS). Sign mounting hardware and brackets shall be stainless steel. Anti -seize lubricant shall be applied to mounting hardware prior to installation. Where noted or specified, signs shall be installed with tamper proof hardware. Tamper -proof hardware shall be submitted to and approved by the City prior to installation. Signs shall be installed at a minimum clear height of seven feet unless otherwise shown on plans. Signs installed on bicycle trails, sidewalks, and or paths shall be installed at a minimum clear height of eight feet. Location of signs shown on plans is approximate and shall be approved by the City prior to installation. Non Standard signs shall be developed by the sign company to resemble the image on the plan. The contractor shall be furnished a JPEG file for Sign "F" (Mileage Marker). SP 18 OF 18 SIGN "F" (Mile Marker) 10 inch Diameter