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
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�` ; Liberty Mutual Insurance Company
d
d
West American Insurance Company
N
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STATE OF WASHINGTON $s Gregory W. Davenport, Assistant Secretary
COUNTY OF KING
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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
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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,
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execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
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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
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G i
KD Riley, Notdo Public
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60
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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
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Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: -
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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
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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,
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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
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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
—
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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
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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...
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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,
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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
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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
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thereto this 23rd da of January 2013 .. :
American Fire and Casualty Company
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The Ohio Casualty Insurance Company
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liberty Mutual Insurance Company
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West American Insurance Company
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.... By:
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STATE OF WASHINGTON as GregoryDavenport, Assistant
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COUNTY OF KING -
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On this 23rd. :day of January.. , 2013 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American
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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,
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execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
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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.
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By:
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KD Riley, Notah4 Public
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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
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Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
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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
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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,
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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
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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
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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
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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.
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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,
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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,.
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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
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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.
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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
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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
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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
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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:
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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
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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