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C-5895 - 2014-2015 Citywide Slurry Seal Project Contract
November 22, 2017 American Asphalt South, Inc. Attn: Lyle Stone 14436 Santa Ana Avenue Fontana, CA 92337 Subject: 2014-2015 Citywide Slurry Seal — C-5895 Dear Mr. Stone: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov On November 22, 2016, 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 November 23, 2016 Reference No. 2016000593848. The Surety for the contract is The Guarantee Company of North America USA and the bond number is 12116481. Enclosed is the Faithful Performance Bond. Sincerely, 44k Leilani I. Brown, MMC City Clerk Enclosure EXHIBIT B CITY OF NEWPORT BEACH BOND NO, 12116481 FAITHFUL. PERFORMANCE BOND Premium for Contract Term Subject to Adjustments Based on Final Contact Price The premium charges on this Bond is $ 3,396.00 --------------------- , being at the rate of $ 7.00 per ------------------------------------ —.- thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to American Asphalt South, Inc, hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract, which consists of (1) distributing construction notices to affected businesses and residents, (2) clearing existing pavement surfaces of debris, soils, and other loose materials, (3) removing existing traffic striping, pavement markings, and raised pavement markers, (4) crack sealing, (5) placing emulsion aggregate slurry seal, (6) placing seal coat, (7) installing new traffic striping, pavement markings, and raised pavement markers, and other incidental items of work necessary to complete the work In place in the City of Newport Beach, In strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and The Guarantee Company of North America USA duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, In the sum of Four Hundred Eighty Five Thousand Thirty Five Dollars and 00/100 ($485,035.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and In all respects according to Its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the some, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. American Asphalt South, Inc. page B-1 Issued in Duplicate Original As a part of the obligation secured hereby, and in addition to the face amount specified In this Performance Bond, there shalt be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, It is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond, IN WITNESS WHEREOF, this instrument has been duiy executed by the Principal and Surety above named, on the 5th day of May ,2015 American Asphalt South, Inc. Name of Contractor (Principal) Auth ed Signature/Title y�sWoe1j, e -em I7 The Guarantee Company of North America USA t -2 !:2: 2=,.?_ I Name of Surety Authorized Agent Signature One Towne Square, Ste. #1470 Southfield. Michigan 48076 Bobbie Beeny, Attorney Address of Surety Print Name and Title 925-566-6040 Telephone APPROVED AS TO FORM: CITY AT N Y'S OFFICE Date: 1217 15) By: Aaron C. Harp UtA o -S ,mj,c City Attorney NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEATTACHED .s��r• eTw��r wrw..� American Asphalt South, Inc. Page B-22 Issued in Duplicate Original ACKNOWLEDGMENT 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 Sc -r) &C'nar-� tho )53. On of 01 S , 20 1!5 - before me; Notary Pubes , ilersonally appeared Lal{. 5tan-*-- who proved to me on the basis of satts otory evidence to be the person(I whose name(sjy is/a.-6 subscribed to the within instrument and acknowledged to me that he/sMe/lAq executed the same In hisllaer/thet authorized capacity(tesl, and that by his/bel'/tbeir signatures(s-Yon the Instrument the personal, or the entity upon behalf of which the person(wected, 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. JERI MARIE GRANT COMM. # 2031882 z z NOTARY PUBLIC - CALiFORNIA� SAN BERNARDINO COUNTY c (seal) ACKNOWLEDGMENT 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 Butte ) ss. On May 5th 2015 before me, Elizabeth Collodi Notary Public, personally appeared Bobbie Beery proved to me on the basis of satisfactory evidence to be the person(&) -whose narnefe) Is/e" subscribed to the within instrument and acknowledged to me that executed the same in JaWher4hsit=authorized capacity(i*, and that by late/her/!heir: signaturofs)-on the instrument the person(a)-or the entity upon behalf of which the persons -acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. ELIZABETH COLLODI It WITNESS my hand and otell seal. COMM. # 2056602 /j� A •////; i '• Q eo NOTARY PF CALIFORNIA COUNTYNTY O OF BUTTE Comm. EXPIres FEB. 1, 2018 It me can Asphalt South, Inc. Page B 3 Issued in Duplicate Original THE The Guarantee Company of North America USA GUARANTEETM POWER OF ATTORNEY Southfield, Michigan KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the Slate of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Barbara Midstokke, Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Collodi, Bobbie Beeny, Nancy Luttenbacher Phillip O. Watkins, Keith T. Schuler, Melissa D. Diaz, Shawna Johnson, Patricia M. Stmas Interest Insurance Services, Inc. its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instmment(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attomey-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surely company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney Is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA "�rrauca``' 1�44l STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer County of Oakland Randall Musselman, Secretary On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai r Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2016 S'FF Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. .W�*re�ok IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 5 day of May -2015 �� � �"� Randall Musselman, Secretary January 27, 2017 All American Asphalt, Inc. Attn: Lyle Stone 14436 Santa Ana Avenue Fontana, CA 92337 Subject: 2014-2015 Citywide Slurry Seal C-5895 Dear Mr. Stone: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov On November 22, 2016 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 November 23, 2016, Reference No. 2016000593848. The Surety for the bond is The Guarantee Company of North America USA and the bond number is 12116481. Enclosed is the Labor & Materials Payment Bond. Sincerely, ��� NOV- Leilani 44 I. Brown, MMC City Clerk Enclosure k")tHISIT A CITY OF NEWPORT BEACH BOND NO. 12116481 Prentium included in Pedomrance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of Callfomia, has awarded to American Asphalt South, Inc, hereinafter designated as the "Principal,' a contract for the work necessary for the completion of this contract, which consists of (1) distributing construction notices 'to affected businesses and residents, (2) clearing existing pavement surfaces of debris, soils, and other loose materials, (3) removing existing traffic striping, pavement markings, and raised pavement markers, (4) crack sealing, (5) placing emulsion aggregate slurry seal, (13) placing seal coat, (7) Installing new (Mme striping, pavement markings, and raised pavement markers, 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 CAy Clerk of the City of Newport Beach, which is Incorporated herein by this reference. WHEREAS, Pdnclpai has executed or Is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the some to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, The Guarantee Company of North America USA duly authorized to transact business under the laws of the State of Oalirmw as Surety, (referred to herein as "Surety') are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Eighty Five Thousand Thirty Five Dollars and 001100 (i4t38,033.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the city of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present, THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal or the Principal's subcontractors, fall to pay for any matedala, 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 CalHomla. can Asphalt South, ins Page in Duplicate Original 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 of 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 5th day of May , 2015 American Asphalt South. Inc Name of Contractor (Principal) The Guarantee Company of North America USA Name of Surety One Towne Square, Ste. #1470 Southfield, Michigan 48076 Address of Surety 925-566-6040 Telephone APPROVED AS TO FORM: CITY ATT—_� OFFICE Date: Aaron C. Harp Om oSlpahT' City Attorney A rized Signature— tie ,e/✓drA-4y d Cep Authorized Agent Signature Bobbie Beeny, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST SE ATTACHED American Asphalt South, Inc. Page A-2 Issued in Duplicate Original ACKNOWLEDGMENT 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 n &ren i hn } ss. On _ , 20),q before me, 'j" 1' lar iL Draw i, Notary Pub , personally appeared Loo_ Stohe. who proved to ;rte on the basis of sa actory evidence to be the person(ay whose name(.0 islard subscribed to the within instrument and acknowledged to me that he/sNattpey executed the same in hisiberltWr authorized capacity(joo, and that by his/twAkelr slgnatures(&yon the instrument the person(&), or the entity upon behalf of which the person(a) acted, executed the instrument, I certify under PENALTY OF PERJURY under the foregoing paragraph is true and correct. WITNESS my hand and official seal, laws of the State of California that the JERI MARIE GRANT COMM. # 2031882 z Z Saw-, NOTARY PUBLIC-CALIFORNIAs SAN BERNARDINO COUNTY My Comm. Expires June 30, 2017 (seal) ACKNOWLEDGMENT 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 Butte } ss. On May 5th 2015 before me, Elizabeth Collodi Notary Public, personally appeared Bobbie Beenv proved to me on the basis of satisfactory evidence to be the persori*whose name( isle;& subscribed to the within instrument and acknowledged to me that-1:ae1sheHl4ey executed the same in-liWherAheir authorized capacityfies), and that by 4 efherAheiF signaturesrs}-on the instrument the person4 -or the entity upon behalf of which the persop(s)-acted, executed the instrument. I certify under PENALTY OF PERJURY under foregoing paragraph is true and correct. WITNESS my hand and the laws of the State of California�or"that the hi A'-mv ELIZABETH COLLODI t1 I� Comm .X------- NOTARY PUBLIC CALIFORNIA 0 COUNTY OF BUTTE �I Comm. Expires FEB. 1, 2018 I� American Asphalt South, Inc. Page A•3 Issued in Duplicate Oriqinal THE The Guarantee Company of North America USA GUARANTEE POWER OF ATTORNEY Southfield, Michigan KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Barbara Midstokke, Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Collodi, Bobbie Beeny, Nancy Luttenbacher Phillip 0. Watkins, Keith T. Schuler, Melissa D. Diaz, Shawna Johnson, Patricia M. Simas Interwest Insurance Services, Inc. its true and lawful attorney(s)-in-fad to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and otherwritings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fad cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the Stir day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA Li`n XIX — STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer County of Oakland Randall Musselman, Secretary On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai Notary Public, State of Michigan ` County of Oakland Kerb My Commission Expires February 27, 2018 ;:N ,ti',z' Acting in Oakland County IN WITNESS WHEREOF, 1 have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a We and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. brrw*Fe� IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 5 day of May • 2015 �"`�' Randall Musselman, Secretary Document -2363712 -Page -1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIII!II'IIIIIIIIIIII'IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE $ R 0 0 0 8 8 7 3 9 6 2$ 201600059384810:49 am 11123116 7 sC5 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 27363" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and All American Asphalt South, Inc., Fontana, as Contractor, entered into a Contract on April 29, 2016, Said Contract set forth certain improvements, as follows: 2014-2015 Citywide Slurry Seal C-5895 Work on said Contract was completed, and was found to be acceptable on November 22. 2016 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Guarantee Company of North America USA. My City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on ��rti/rll YfU d �r 6 at Newport Beach, California. IYA ;off ate. City Clerk Clerk about:blank 11/23/2016 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 All American Asphalt South, Inc., Fontana, as Contractor, entered into a Contract on April 29, 2016. Said Contract set forth certain improvements, as follows: 2014-2015 Citywide Slurry Seal C-5895 Work on said Contract was completed, and was found to be acceptable on November 22, 2016 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Guarantee Company of North America IDSA. BY Public Works 0frector City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. I /J Executed on �f/U d- V'V at Newport Beach, California. BY I°" o' -- City Clerk \ NICKWURP k Electronic bids shall be submitted via PlanetBids By 10:00 AM on the 8th day of April, 2015, at which time such bids shall be opened for 2014-2015 CITYWIDE SLURRY SEAL Contract No. 5895 $600,000.00 Engineer's Estimate Approved /by l✓r4% v.--Nf rk Vukojevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanyiD=22078 Contractor License Classification(s) required for this project: "A" or "C-12" For further information, call Alfred Castanon, Project Manager at (949) 644-3314 M of Newport Beach 20142015 CITYWIDE SLURRY SEAL Contract No. 5895 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS......................................................................................3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)...................................................................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................15 ACKNOWLEDGEMENT OF ADDENDA.......................................................................17 INFORMATION REQUIRED OF BIDDER.....................................................................18 NOTICE TO SUCCESSFUL BIDDER...........................................................................21 CONTRACT.................................................................................................................. 22 INSURANCE REQUIREMENTS................................................................. Exhibit A LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit B FAITHFUL PERFORMANCE BOND...........................................................Exhibit C PROPOSAL ..................................... SPECIAL PROVISIONS .............. 9 PR -1 ......... SP -1 City of Newport Beach 2014-2015 CITYWIDE SLURRY SEAL Contract No. 5895 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBlds in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS (Contractor shall also submit info via PlanetBids) 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; Contractorshall contrm via Planetfts) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL (UNE ITEMS to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date. The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend the reading may go to the City Clerk's Office (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities Indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. in the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared 3 with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent, 8. in accordance with the Califomla 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 (416) 703.4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 Inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. 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 1771.1(a)j. 11. 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. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 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 corporafion. 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. Contractor's License No. & Classification DIR Reference Number & Expiration Date Bidder 4 aaz:� AAlhorized Signaturefrftle Date City of Newport Beach 201.4-2015 CITYWIDE SLURRY SEAL Contract No. 5895 We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent ofAmount Bid------------------ -- - Dollars ($ 10%----------- 1, to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2014- 2015 CITYWIDE SLURRY SEAL, Contract No. 5695 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 falls to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 24 day of March 2015. American Asphalt South, Inc. Name of Contractor (Principal) Authorized Signature file The Guarantee Company of North America USA �L Name of Surety Authorized Agent Signature One Towne Square, Suite 1470 Southfield, MI 48076 Barbara Beery, Attomey-in-Fact Address of Surety Print Name and Title (925)566-6040 Telephone (Notary acknowledgment of Principal & Surety must be attached) ACKNOWLEDGMENT ••.•.••••..•.•ea..s••e•......••.se...•••.••........•. v e e o . e.. e•.•••• e•••••• a.•. State of CalifR mia Countynof Jc%n Qernoc inn }ss. On t t ri, I I '?0 15 before Public, personally appeared 1-14If. 3pri 11 facie `ara,^4 , Notary proved to me on the basis of satisfactory evidence to be the person(s�rwhose name(eris/are subscribed to the within instrument and acknowledged to me that he/sbe/they executed the same in his/her/their' authorized capacity(iesy, and that by his/her/theft signatures(.s3r on the instrument the person(s, , or the entity upon behalf of which the person(sj 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. JERi MARIE GRANT WITNESS my hand and officia s al. g �(r �= COMM. # 2031882 Z *rte NOTARY PUBLIC -CALIFORNIA av ��s SAN BERNARDINO COUNTY My Comm. Expires June 3Q, 2J9 i Sign ure u. �uuuu.......uu..een.•auvu...•u•ua•...uu.u.........u... OPTIONAL INFORMATION _ Date of Document Thumbprint of Signer Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification _ Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other 0 Check here if no thumbprint or fingerprint is available. U43:i.N1rriR4110411ALZU r Y Y Y e s Y v m Y e a v v v v..[t[YRvltt ttY Y/YRWR WWRVR R v a e a v v v a a v[ s e Y e a s[ Y Y[ v e e vv to Yi WYitlt WR State of California County of ss. On before me, Public, personally appeared Notary proved to me on the basis of satisfactory evidence to be the persons) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. "See Attached CA Notary Acknowledgment" Signature %mt •YYs[[Y[Y a Y..0 a v Y Y Y R Y Y R Y. WAWee[[ Y u[ t t[ f[[[ u Y Y Y[[[ a Y[ Y Y t Y a Y r Y Y[ e[[[ R l[ R R Y Y Ye OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Ident'fiication _ Paper Identification _ Credible Witness(es) Capacity of Signer: Trustee _ Power of Attorney _ CEO I CFO / COO President / Vice -President / Secretary / Treasurer Other; Other 7 Thumbprint of Signer 0 Check here if no thumbprint or Mgerprint is available. ll G _ •►•1_ 4 -0161 l ME V1 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 Butte ) On March 24, 2015 before me, Elizabeth Collodi, Notary Public (insert name and title of the officer) personally appeared Barbara Beeny who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/am subscribed to the within instrument and acknowledged to me that ke/she/tba)rexecuted the same in A)Wher/tieircauthorized capacity(&), and that by J6sdher/Vm* signature(s) on the instrument the person(s), or the entity upon behalf of which the person(is) 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 " ELIZABETH GOLLODI IK , COMM. ri 2058602 a j NOTARY PUBLIC CALIFORNIA COUNTY OF BUTTE Ya Comm. Expires FEB. 1, 2018 E Signature (Se THE The Guarantee Company of North America USA GUARANTEE M POWER OF ATTORNEY Southfield, Michigan KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Barbara Midstokke, Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Collodi, Susan Lee, Barbara Beeny, Nancy Luttenbacher, Phillip O. Watkins, Keith T. Schuler, Melissa D. Diaz, Shawna Johnson, Patricia M. Simas Interwest Insurance Services, Inc. its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6thday of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. �,rK=Fero IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and a" its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. o� yt THE GUARANTEE COMPANY OFF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Sr. Vice President, COO Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duty affixed by order of the Board of Directors of Cynthia A. Takai v Notary Public, State of Michigan County of Oakland WLei ,a m My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. _„n»=eery IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 24 day of March 2015 Randall Musselman, Secretary City of Newport Beach MULTIPLE BUILDINGS PAINTING PROJECT Contract No. 6896 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 hefshe 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, cerfifies 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 gid Item Description of Work %of Number Total gid Name: tp 9 Will / 1 t 1df�. Address* / / 'r / /� ,• i _ t Phone State License Number. A401f 4+1� 0 DIR Reference: MOW"/ Email Address: Name:J9 r Wagk stecalilsf /wove and leQlit Addre49ty. 55 C904kf and .+tarp+ Phone �ge'r �e State Ure Number. irv70t DIR Reference: 1000100 Email Address: !AG .0 Name: Address. Phone: State License Number DIR Reference' Email Address Bidder iuthotizedSm- 0 City of Newport Beach 2014-2015 CITYWIDE SLURRY SEAL Contract No. 5895 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlli Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No.1 Project Name/Numbe ProjectDescription. Approximate Construction Dates: From /110Y AW To: .(Jen. ,MW/ Agency Name rr4 1/- '5"? 64'. Contact Person. 64,41 W0d qQ1' -Telephone Original Contract Amount.$,�6�� Final Contract Amount If final amout,is different from origi alyplease 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. 2 Project Name/Number Project Description Approximate Construction Dates: From A�� AM To: L,R. o0l:7 Agency Name Contact Person Aar c er;c) Telephone Rqd-f--J9—/1'vW Original Contract Amount $moi �'�`Final Contract Amount $ 99,44 If final amount is different (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims againgt you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number_ Project Description Approximate Constrru^ Agency Name C.. Contact Person �7�G coon Dates: From //L�7�' ®%y T07 /dg/! v�Q�� Original Contract Amount 9 TelephoneY�� p/e:J�.��r( nal Contract Amount $ ® O �: d 0 original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims againsjyou/CoAtractor? If yes, briefly explain and indicate outcome of claims. IE No. 4 Project Name/Numbei Project Description Approximate Construction Dates: From VA1,,41 To: t7 my iI416 Agency Name Contact Person t0f��j,��✓pe�A`l%C� TelephoneeM O'I' /--WO8 Original Contract Amount $ ' 'Final Contract Amount $ �8 9.7, �8 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 againstKou/Cogtractor? If yes, briefly explain and indicate outcome of claims. No jS ox Pro ect Name/Number Project Description ✓&/. Approximate Construction Dates: From Agency Name 42 */ �C/! Contact Person.�t?il� �/zfekd Telephone (y'�,� �' � /�f/ S Original Contract Amount $11� //710Final Contract Amount $ �8��• If final work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? if yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: liGl,,'w Telephone 1;9,4 Original Contract Amounts' final Contract $ 'V If final amouritjs different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidder 12 a: / 7�0 • -• 4AU4:414z- PROJECT MANAGER: TIM GRIFFIN EXPERIENCE., ROY ALLAN SLURRY SEAL FROM 1987-1998 WORKING AS A TRAFFIC CONTROL MAN, SQUEEGEEMAN, SHUTTLEMAN, LINE DRIVER & MIXER OPERATOR. CALIFORNIA PAVEMENT MAINTENANCE FROM 1998-2001 WORKING AS A PROJECT SUPERVISOR & OPERATIONS MANAGER. AMERICAN ASPHALT SOUTH FROM 2001 -PRESENT WORKING AS A PROJECT SUPERVISOR & PRODUCTION MANAGER. PROJECT MANAGER: JEFF PETTY EXPERIENCE: AMERICAN ASPHALT FROM 1985 -PRESENT WORKING AS A TRAFFIC CONTRAL MAN, SQUEEGEEMAN, SHUTTLEMAN, LINE DRIVER, MIXER - OPERATOR, PROJECT SUPERVISOR & PRODUCTION MANAGER, PROJECT MANAGER: LYLE STONE EXPERIENCE: ROY ALLAN SLURRY SEAL FROM 1988-1998 WORKING AS THE ESTIMATOR AND PROJECT MANAGER. CALIFORNIA PAVEMENT MAINTENANCE FROM 1998.1999 WORKING AS THE AREA MANAGER, ASPHALT MAINTENANCE COMPANY FROM 1999-2000 WORKING AS THE AREA MANAGER AND PROJECT SUPERINTENDENT, VALLEY SLURRY SEAL FROM 2000-2001 WORKING AS THE AREA MANAGER. AMERICAN ASPHALT SOUTH FROM 2001 -PRESENT WORKING AS THE AREA MANAGER, PROJECT MANAGER AND ESTIMATOR. PROJECT MANAGER: TYLER SKENDER EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2008 -PRESENT PROJECT SUPERVISOR: JULIO RUIZ EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 1998 TO 1999 WORKING AS A LINE DRIVER AND SHUTTLEMAN. WORKING FROM 1999 TO PRESENT AS A PROJECT SUPERVISOR. PROJECT SUPERVISOR: DAVID DARR EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2008 TO PRESENT PROJECT SUPERVISOR: JOSE SALINAS EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 1998-2008 & 2010 TO PRESENT MIXER -OPERATOR: JAIME SAUNAS EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2004 -PRESENT MIXER -OPERATOR: MANNY GONZALES EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2001 -PRESENT MIXER -OPERATOR: JULIO TREJO EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2007 -PRESENT City of Newport Beach t t r Contract No. 5895 NON -COLLUSION AFFIDAVIT State of California ) )SS. County of Llo ?oe being first du �w n e o s and that he or she is • by. of Gam? A,(%1.��iPt , the party making the foregoing bid; the he bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, I declare under penalty of peedury of the laws of the State �offCCalifornia that the foregoing is true and correct. Ir/e.7JAd�,�fe!' Bidder At rized Signaturerrftle;- Subscribed and sworn to (or affirmed) before me on this %t day of _ti br i 1 , 2015 proved to me on the basis of satisfactory evi 1#nce to be the person(a) 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. _ _ A Nota Publi JERI MARIE GRANT [SEAL] COMM. 12031882 z Z' °r ' NOTARYPU6LIC-CALIFORNIA+ "l .., u. SAN SERNARDMO COUNTY ommission Expires: y,�,I,Lnc 30, 7Gt'7 My Canm. Expires JUrre 3D, 2Ot7 13 C& of Newport Beach 2014-2015 CITYWIDE SLURRY SEAL Contract No. 5895 DESIGNATION OF SURETIES :5 Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procu_ree insurance and bonds (list by insurance/bond type): 14 • PROCURE DBONDS BONDING AGENT: INTERWEST INSURANCE SERVICES, INC. 1357 E. LASSEN AVENUE CHICO, CA 95973 (530)897-3154 SURETY COMPANY: GUARANTEE COMPANY OF NORTH AMERIC, USA ONE TIME SQUARE, SUITE 1470 SOUTHFIELD, MI 48076 (248)281-0281 INSURANCE AGENT: INTERWEST INSURANCE SERVICES, INC. 368 E. YOSEMITE AVENUE, SUITE 100 MERCED, CA 95340 (209)724-2324 City of Newuort Beach 2014-2015 CITYWIDE SLURRY SEAL Contract No. 5885 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL 91�1� Bidders Name //&V A4411 Record Last Five (5) Full Years Current Year of Record The information required for these Items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary—Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2014 2013 2012 2011 2010 Total 2015 No, of contracts �! / Jjj/ f� 9 go /Op /sot Total dollarAmount Contactsf(in llti� ��/lei �.;0ty ��gg ugly ���?f.7 / �ytrV��� Thousands of $ No. of fatalities ® 0 No. of lost Workday Cases ®% (� '� No. of lost workday cases Involving permanent transfer to another job or Q termination of em to ment The information required for these Items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary—Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder t^,,- .A Business Address:14 {/S/' ,,y fp arq 9,f"p Business Tel. No.: % State Contractor's License No. and ��y Classification: Q!!% Title j rlt fPC :'to } The above information was compiled froo the records that re ailable to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County, if bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partnersfoint ventures submit with evidence of authority to act on behalf of the partnershipfjoint 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, partnersfjoint 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. MOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED} 16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Stale of California Countyof LArflarlinct Oil di before me, Alfx�Ni tfrneeN Tae personally appeared ke`t-\y and, Lf. I a S.t' ERI MARIE GRANT M77. COMM. # 2031862 i NOTARY PUBLIC - CALIFORNIA 9 SAN BERNARDINO COUNTY My Comm. Expires June 3D, 2017 EA -proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that Wslire/they executed the same in hi5ihef/their authorized capacIty(es), and that by bis1herf/their signalure(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. P r< OPTIONAL Though the inhomialrin below is not required by law, it May prove Valuable to persons relying on Itta dXtinlent and could prevent froodulent removal and reattachment of this form fa another 11ocvmeril Description of Attached Document Title or Type of Document: zl Document Date. Number of Pages: t,1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual Top of thumb here 0 Corporate Officer Tille(s): 0 Partner — 0 Limited 0 General 0 A"anney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing. sov, Ave. po We P'o,i W.5907 P.01, Ci. Toelil.. 1 1100.875 W1 City of Newport Beach 2014-2015 CITYWIDE SLURRY SEAL Contract No. 5895 ACKNOWLEDGEMENT OF ADDENDA Bidder's nameA"iM z �t/ri it -w// -ge. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 17 City of Newport Beach 2014-2015 CITYWIDE SLURRY SEAL Contract No. 5895 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: Business Telephone and Fax Number:eAW"%J.1%/ ®lAI,-XV-x:119 California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) Original Date Issued: 04&145 0 Expiration Date: List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Tlr XlrrWer % 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 , w AiYw�wo / mmwewl Corporation organized under the laws of the State of call-hn�oi9 iE The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: Awe All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: AM For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; 411W you ever had a contract terminated by the owner/agency? If so, explain. ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual fgrjabor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) e / No ig Are any claims or actions unresolved or outstanding? Yes !l:% If Yes to anv of (Attach Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. �� / je— ©� Bidder ' (Print name of Ofiner or eresident of Corporation/Company) Wele 44 Authd&ed Signaturelfitle Title A41 Date On ared _red before me, Zlef t MQ ri. P, �T CS v%4- , Notary Public, personally appeZ r FF who proved to me on the basis of satisfactory evidence o be the person(a) whose name(.) is/am subscribed to the within instrument and acknowledged to me that helskeltbey executed the same in hislber/tbek authorized capacity(ies), and that by his/her/their signature(a) on the instrument the person(s), or the entity upon behalf of which the person(s) 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, Q0 ry Prlic n and for said State My Commission Expires: 311nq, 30)aoi"J W (SEAL) JERI MARIE GRANT " COMM. # 2031882 'z NOTARY PUBLIC _ CALIFORNIAM _ SAN BERNARDINO COUNTY My Comm, Expires June 30, 2B17 City of Newport Beach 2014-2015 CITYWIDE SLURRY SEAL Contract No. 5895 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-CasuaU Coverages shall be provided as specked 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 2014-2015 CITYWIDE SLURRY SEAL CONTRACT NO. 5895 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 29th day of April, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and AMERICAN ASPHALT SOUTH, INC., a California corporation ("Contractor"), whose address is 14436 Santa Ana Avenue, Fontana, California 92337, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of (1) distributing construction notices to affected businesses and residents, (2) clearing existing pavement surfaces of debris, soils, and other loose materials, (3) removing existing traffic striping, pavement markings, and raised pavement markers, (4) crack sealing, (5) placing emulsion aggregate slurry seal, (6) placing seal coat, and (7) installing new traffic striping, pavement markings, and raised pavement markers, and other incidental items of work necessary to complete the work in place (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, 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. 5895, 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 Four Hundred Eighty Five Thousand Thirty Five Dollars and 00/100 ($485,035.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, 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 Lyle Stone 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. American Asphalt South, Inc. 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: Lyle Stone American Asphalt South, Inc. 14436 Santa Ana Avenue Fontana, CA 92337 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 American Asphalt South, Inc. 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. 9.1 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 American Asphalt South, Inc. 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 American Asphalt South, Inc. 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. American Asphalt South, Inc. 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. 17.1 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 parry 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 American Asphalt South, Inc. 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 American Asphalt South, Inc. 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] American Asphalt South, Inc. 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 ATTORNEY OFFICE Date: By: ?YAA M L Aaron C. Harp (Am, wla/I j— City Attorney CITY OF NEWPORT BEACH, a California municipal corporation Date: 6zup� By: Edward Mayor ATTEST: CONTRACTOR: American Asphalt South, Date: �- a %5 Inc., a C�1iforn'a�orporation Date: Aa X70/ By: By: Leilani I.brown- Jeff Pfetty City Clerk Vice President ��`yt►POR?- Date: By: Ly tone �011u r- 0'9' Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements American Asphalt South, Inc. Page 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California /\� t ss. County of r c'n, r(),rlon n i On �i..4 (i aC)� before me, \,`!IPr, _NG(te l'arC,-J1 .IUAc,�, Dale WameendTI al Oni[e��e g. -Jane Due, Notary Pu e) personally appeared `)ei1 \��y Grid Lcfle IS+DirlP_ E; -proved to me on the basis of satisfactory evidence to be the person(s) whose names) Ware subscribed to the within instrument and acknowledged to me that Ire/sfie/they executed the same in h+s/Wr/their authorized capacity(ies), and that by h+slhef/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. hand anro-pgicial seal. Notary Pet4 Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reaflachment of this form to another document, Description of {attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: 0 Individual 0 Corporate Officer — Title(s): _ 0 Partner — 0 Limited 0 General 0 Altorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Number of Pages: nrpyrr7xutmeP �[Yi i a�OFSIGNE9"s��t5?P'+. 0 x999 WalloneI Nonnq Aaaeeialion•Base De Solo Ave, P.O. Box 24M-Chalawodn, CA 91313�9400• vww.nationalnmaryose Plod No. 5907 Peder: Call Toll -Free nBW 076BB27 L JERI MARIE GRANT y Z • ` COMM. # 2031882 z NOTARY PUBLIC - CALIFORNIA K My SAN BERNARDINO COUNTY Comm. Expires June 30, 2057 E; -proved to me on the basis of satisfactory evidence to be the person(s) whose names) Ware subscribed to the within instrument and acknowledged to me that Ire/sfie/they executed the same in h+s/Wr/their authorized capacity(ies), and that by h+slhef/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. hand anro-pgicial seal. Notary Pet4 Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reaflachment of this form to another document, Description of {attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: 0 Individual 0 Corporate Officer — Title(s): _ 0 Partner — 0 Limited 0 General 0 Altorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Number of Pages: nrpyrr7xutmeP �[Yi i a�OFSIGNE9"s��t5?P'+. 0 x999 WalloneI Nonnq Aaaeeialion•Base De Solo Ave, P.O. Box 24M-Chalawodn, CA 91313�9400• vww.nationalnmaryose Plod No. 5907 Peder: Call Toll -Free nBW 076BB27 EACH 130ND NO, u d Ile rriiCITY 4 a WHEREAS, Pdrelpal has exacuted or is about to execute the Contract and the terrns thereof or authorizedm4mia"- 10W WARM" some to the extent hereinafter set NOW, THEREFORE, We the undersigned Principal, and, The Gumvft Coqmny of North America USA ddy transact business under the Ism crf the State of as Survity, (referred to hervIn r a ^a # x # these present, THE CONDITION OF THIS CGLIOATION IS SUCH, that it the PrIncipal or the 4 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 Califamia. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 5th day of May 2015 . American Asphalt South, Inc. Name of Contractor (Principal) The Guarantee Company of North America USA Name of Surety One Towne Square, Ste. #1470 Southfield, Michigan 48076 Address of Surety 925-566-6040 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:— By: Aaron'C. Harp om OT119115- City Attorney Authorized Agent Signature Bobbie Beeny, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Inc. Page A-2 ACKNOWLEDGMENT 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 _cJh r� �.eiN) c rj i hn k ss. On in&. 7 20),�_ before me, J��t ► r lar iL raw } Notary PubW, personally appeared Lazo h2. who proved to me on the basis of salidactory evidence to be the perscn(a)'whose name(.si' ista subscribed to the within instrument and acknowledged to me that hafs.iWthep executed the same in his/Ger/their authorized capacity(jos), and that by his/}aerltMek signatures(.e-yon the instrument the person(,a), or the entity upon behalf of which the persons) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JERI MARIE GRANT WITNESS my hand and official seal. o COMM. # 2031882 z Z . 1 NOTARY PUBLIC ,. CALIFORNIA s - ° a SAN BER COUNTY ,.. My Comm. Expirespines June e 30, 2077 Signa re (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verities 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 Butte )Ss. On May 5th 2015 before me, Elizabeth Collodi Notary Public, personally appeared Bobbie Beery proved to me on the basis of satisfactory evidence to be the person(-owhose namew Were subscribed to the within instrument and acknowledged to me that-4elsheft#jey executed the same in-I'iWherA4ei - authorized capacity(ies), and that by 445{her/44elf signatures(s}_on the instrument the person(s}-or the entity upon behalf of which the persor44--acted, executed the instrument. I certify under PENALTY OF PERJURY under foregoing paragraph is true and correct, WITNESS my hand and the laws of the State of California that the ELIZABETH COLLODI COMM. # 2056602 P [[ •4 NOTARY PUBLIC - CALIFORNIA y +yI COUNTY OF BUTTE w T Comm. Expires FEB. 1, 2018 'p to Asphalt South, Inc. Page A-3 Duplicate Original THE The Guarantee Company of North America USA GUARANTEE" POWER OF ATTORNEY Southfield, Michigan KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Barbara Midstokke, Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Collodi, Bobbie Beeny, Nancy Luffenbacher Phillip O. Watkins, Keith T. Schuler, Melissa D. Diaz, Shawna Johnson, Patricia M. Simas Intenvest Insurance Services, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the V' day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. aeMiEE� OJY oG� qq a� ryw"M AMEP'�p IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012, THE GUARANTEE COMPANY OF NORTH AMERICA USA '+*v Adoj_ STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer County of Oakland Randall Musselman, Secretary On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of ANSICynthia A. Takai s, 4 Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. vrEEro� IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 5 day of May -2015 Randall Musselman, Secretary 5 CITY OF NEWPORT BEACH BOND NO. 12116481 FAITHFUL. PERFORMANCE BOND Premium for Contract Term Subject to Adjustments Based on Final Contact Price The premium charges on this Bond is $ 3,396.00 --------------- ---- , being at the rate of $ 7.00 per ---------------------------------------- thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to American Asphalt South, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract, which consists of (1) distributing construction notices to affected businesses and residents, (2) clearing existing pavement surfaces of debris, soils, and other loose materials, (3) removing existing traffic striping, pavement markings, and raised pavement markers, (4) crack sealing, (5) placing emulsion aggregate slurry seal, (6) placing seal coat, (7) installing new traffic striping, pavement markings, and raised pavement markers, and other incidental Items of work necessary to complete the work in place in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and The Guarantee Company of North America USA duly authorized to transact business under the laws of the State of Galifornia as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Eighty Five Thousand Thirty Five Dollars and 001100 ($485,035.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or falls 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. American Asphalt South, Inc. page B-1 Issued in Duplicate Original As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond, Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 5th day of May ,2015 American Asphalt South, Inc. l Name of Contractor (Principal) Auth 'zed Signatureffitle �Y e &�1 pnoy The Guarantee Company of North America USA t? t=f Name of Surety Authorized One Towne Square, Ste. #1470 Southfield Michigan 48076 Bobbie Beeny, Attorney Address of Surety Print Name and Title 925-566-6040 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 0 Aaron C. Harp City Attorney NOTARYACKNOWLEDGMI=NTS OF CONTRACTOR AND SURETY MUST BE ATTACHED American Asphalt South, Inc. Issued in Duplicate Original ACKNOWLEDGMENT 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 f� County of SC -C) DCCnar a ;rtia } ss. (� t On Co S 20 1!5 , before me, Notary PubN , Oersonallyappeared L[Je- 5t6n-e- who proved to me on the basis of satin story evidence to be the person(< whose name(s)" islard subscribed to the within instrument and acknowledged to me that he/sfie/tAey executed the same in hisl4er/their authorized capacity(ias)", and that by his/bet'/tbeir signatures(sayon the Instrument the personal, or the entity upon behalf of which the person(*}Iicted, 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. w.. JERII MARIE GRANT Z , COMM.#2031882 z Z NOTARY PUBLIC -CALIFORNIA SAN BERNARDINO COUNTY s (seal) ACKNOWLEDGMENT 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 Butte___ On May 5th , 20_15 before me, Elizabeth Collodi Notary Public, personally appeared Bobbie Been proved to me on the basis of satisfactory evidence to be the person(e}+nthose name(@) is/eFe subscribed to the within instrument and acknowledged to me that#elshe/g%�& executed the some in 4Wher/tq" authorized capacity(mlesj, and that by *&Iherlkheia signatures(•"n the instrument the person{@)- or the entity upon behalf of which the persor4 -acted, executed the instrument, I certify under PENALTY OF PERJURY under foregoing paragraph is true and correct. my hand and Amer1"can Asphalt South, Inc. Issued in Duplicate Original of California that the ELIZABETH COLLODI It COMM. # 2056602 y NOTARY PUBLIC - CALIFORNIA y COUNTY OF BUTTE w Comm, Expires FEB. 1, 2018 t® THE The Guarantee Company of North America USA GUARANTEE POWER OF ATTORNEY Southfield, Michigan KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Barbara Midstokke, Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Collodi, Bobbie Beeny, Nancy Luttenbacher Phillip O. Watkins, Keith T. Schuler, Melissa D. Diaz, Shawna Johnson, Patricia M. Simas Interwest Insurance Services, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and. authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final . estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attomey or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. STATE OF MICHIGAN County of Oakland THE GUARANTEE COMPANY OF NORTH AMERICA USA Stephen C. Ruschak, President & Chief Operating Officer / f / Randall Musselman, Secretary On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Sea] and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai Notary Public, State of Michigan y arCounty of Oakland r„ a My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. 6j a" T I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. Gy,�*Eero� IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 5 day of May 2015 Randall Musselman, Secretary 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 Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an American Asphalt South, Inc. 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. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed American Asphalt South, Inc. 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 American Asphalt South, Inc. 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 Contractors insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. American Asphalt South, Inc. 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: 5/4/15 Date Completed: 5/4/15 Dept./Contact Received From: Raymund Sent to: Raymund By: Chris Company/Person required to have certificate: American Asphalt South, Inc Type of contract: All Others GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 12131/14-12/31/15 A. INSURANCE COMPANY: Financial Pacific Insurance Company B. AM BEST RATING (A-: VII or greater): A:X C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 2,000,000/4,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? N Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑', No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 12/31/14-12/31/15 A. INSURANCE COMPANY: Financial Pacific Insurance Company B. AM BEST RATING (A-: VII or greater) A:X C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): N N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 411/15 — 4/1/16 A. INSURANCE COMPANY: Arch Insurance Company B. AM BEST RATING (A-: VII or greater): A+:XV C. ADMITTED Company (Must be California Admitted): X Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory X Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? X Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: X N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A X Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY X N/A ❑ Yes ❑ No V POLLUTION LIABILITY X N/A ❑ Yes ❑ No V BUILDERS RISK E -412190 -HE App roved: 5/4/15 Agent of Alliant Insurance Services 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 * Subject to the terms of the contract. Date City of Newport Beach 2014-2015 CITYWIDE SLURRY SEAL Contract No. 5895 To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Prospective Bidders shall electronically submit their proposals per the individual line items as depicted in PlanetBids, and sign below. The undersigned declares that (s)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. 5896 in accordance with the Plans and Special Provisions, and will take in full payment therefore the unit prices as submitted submitted for the work, complete in place, to wit: /� Date (9t9oy'O-y. pol �'9a/y,�lwT Bidder's Telephone and Fax Numbers ONO W License No(s) and Classification(s) Authorized City of Newport Beach 2014-2015 Citywide Slurry Seal (C-5895), bidding on April 8, 2015 10:00 AM (Pacific) Bid Results Bid Proposal Bidder Details Vendor Name American Asphalt South, Inc, Address 14436 Santa Ana Avenue Newport Beach Bid Bond.pdf Fontana, CA 92337 Bid Bond United States Respondee Lyle Stone Respondee Title Secretary Phone 909-427-8276 Ext- xt.EmaiI Email lyles@americanasphaltsouth.com Vendor Type Bid Detail 1 Mobilization/Demobilization & Cleanup Bid Format Electronic Submitted April 8, 2015 9:46:24 AM (Pacific) Delivery Method $12,500.00 Bid Responsive 2 Re-Mobilization/Demobilization and Cleanup (Corona Del Mar Community) Bid Status Submitted Confirmation # 53444 Ranking 0 Respondee Comment Buyer Comment Attachments Page t Printed 04/13/2015 File Title File Name File Type Bid Proposal American Asphalt South -C-5895 Bid Submittal Packet.pdf C-5895 BID SUBMITTAL PACKET Bid Bond Newport Beach Bid Bond.pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment Section 1 1 Mobilization/Demobilization & Cleanup Lump Sum 1 $12,500.00 $12,500.00 2 Re-Mobilization/Demobilization and Cleanup (Corona Del Mar Community) Lump Sum 1 $12,500.00 $12,500.00 3 Traffic Control Lump Sum 1 $18,400.00 $18,400.00 4 Type I Slurry Seal Sq. Ft. 2500000 $0.10 $250,000.00 5 Asphalt Based Sealcoat (Parking Lots) Sq. Ft. 320000 $0.15 $48,000,00 City of Newport Beach 2014-2015 Citywide Slurry Seal (C-5895), bidding on April 8, 2015 10:00 AM (Pacific) Bid Results Type Item Code UOM City Unit Price 6 Crack Sealing Lump Sum 7 Install Pavement Striping and Markings Lump Sum Subcontractors Name Address BC Traffic Specialist 638 W Southern Ave Orange, , CA 92865 United States Lukkes Striping 1312 E. Warner Avenue Remove R Replace Santa Ana, , CA 92705 Striping and United States 1 $13,525.00 1 $130,110.00 Subtotal Total Description License Num Remove R Replace 877686 Striping and Markings on Parking Lots and Streets Sealcoal Parking 922425 Lots Page 2 Printed 04/13/2015 Line Total Comment $13,525.00 $130,110.00 $485,035.00 $485,035.00 Amount Type $125,110.00 $43,400.00 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2014-2015 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 5895 PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent 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. 2 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 3 6-1.1 Construction Schedule 3 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-7.2 Working Days 4 6-7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 p.m., Monday through Friday. 4 6-9 LIQUIDATED DAMAGES, 4 6-11 SEQUENCE OF CONSTRUCTION 5 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 5 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 5 7-1.2 Temporary Utility Services. 5 7-8 WORK SITE MAINTENANCE 6 7-8.6 Water Pollution Control. 6 7-8.6.2 Best Management Practices (BMPs) 6 7-8.7.2 Steel Plates 7 7-10 PUBLIC CONVENIENCE AND SAFETY 7 7-10.1 Traffic and Access 7 7-10.3 Street Closures, Detours and Barricades 7 7-10.4 Safety 8 7-10.4.1 Safety Orders. 8 7-10.5 "No Parking' Signs. 8 7-10.6 Notices to Residents g 7-15 CONTRACTOR'S LICENSES 9 SECTION 9 ---MEASUREMENT AND PAYMENT 9 9-3 PAYMENT 9 9-3.1 General 9 9-3.2 Partial and Final Payment 10 PART 2 11 CONSTRUCTION MATERIALS 11 SECTION 203 --- BITUMINOUS MATERIALS 11 203-5.2 Materials 11 203-9 SEALCOAT-ASPHALT BASED 11 203-9.1 General 11 SECTION 214 --- PAVEMENT MARKERS 11 214-4 NONREFLECTIVE PAVEMENT MARKERS 11 214-5 REFLECTIVE PAVEMENT MARKERS 12 PART3 12 CONSTRUCTION METHODS 12 SECTION 300 ---EARTHWORK 12 300-1 CLEARING AND GRUBBING 12 300-1.3 Removal and Disposal of Materials 12 SECTION 302 ---ROADWAY SURFACING 12 SECTION 302-4 EMULSION -AGGREGATE SLURRY 12 302-4.3 Application 12 302-4.3.1 General. Add to this section; "Type I slurry shall be applied at the rate of 9.5 pounds per square yard. 12 302-4.3.2 Spreading 12 302-4.3.3 Field Sampling 13 SECTION 310 --- PAINTING 13 310-5 PAINTING VARIOUS SURFACES 13 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 13 310-5.6.6 Preparation of Existing Surfaces 13 310-5.6.7 Layout, Alignment, and Spotting 13 310-5.6.8 Application of Paint 13 "310-5.6.11 Pavement Markers. 14 SECTION 312 --- PAVEMENT MARKER PLACEMENT AND REMOVAL 14 312-1 PLACEMENT. Amend this section with: 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 2014-2015 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 5895 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -6058-S); (3) the City's (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works 7 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: SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of (1) distributing construction notices to affected businesses and residents, (2) clearing existing pavement surfaces of debris, soils, and other loose materials, (3) removing existing traffic striping, pavement markings, and raised pavement markers, (4) crack sealing, (5) placing emulsion aggregate slurry seal, (6) placing seal coat, (7) installing new traffic striping, pavement markings, and raised pavement markers, and other incidental items of work necessary to complete the work in place." PVW1113T1 A?1W 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 To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements Add Section 4-1.3.4 Inspection and Testing 4-1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. Page 2 of 14 The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 - UTILITIES 5-1 LOCATION. Add the following after the 3`d paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 5-2 PROTECTION. Add the following: "in the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." SECTION 6 - PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Add to this section: The time of completion as specified in Section 6-7, shall commence on the date of the 'Notice to Proceed. 6-1.1 Construction Schedule. Add the following between the first and second paragraphs of this section: No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." Page 3 of 14 6-7 TIME OF COMPLETION 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 60 working days after the date on the Notice to Proceed. A second mobilization will be required for this contract as work in the Corona Del Mar community will not be allowed between May 30th and September 7th. The contractor will be allowed 30 working days for the first phase of the project to in order to complete slurry seal work for the Shorecliffs and Irvine Terrace communities. After September 7th the contractor will have 30 working days (Phase ll) in order to complete slurry seal and sealcoat work in the Corona Del Mar community. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1$t (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24tH (Christmas Eve), December 25th (Christmas), and December 31st(NewYear's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." Add the following Section 6-7.4 Working Hours 6-7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Page 4 of 14 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 in each of the projects two phases of work. 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." 6-11 SEQUENCE OF CONSTRUCTION A. Work shall begin on Shorecliff Road in the Shorecliffs community. This will be a test area in order for the contractor to demonstrate proper slurry sealing and acceptable mix design. Lab results will be required before continuation of work. If test results are not favorable, the contractor will need to re -slurry the test area until the slurry and mix design meet specifications. B. The Shorecliffs community shall be completed prior to mobilizing to Irvine Terrace, then Corona Del Mar. areas on the dates listed below: 1. Corona Del Mar Community — May 30th through September 7th (Labor Day) SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 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." Page 5 of 14 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 Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs). Add to this section: The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. 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. Page 6 of 14 7-8.7.2 Steel Plates. "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." 7-10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 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. Page 7 of 14 5. The contractor shall provide appropriate signage and safe detours for bicyclists in and around construction project. The contractor shall also restore pavement markings along designated bikeways to their original conditions as soon as possible. 7-10.4 Safety 7-10.4.1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." Add the following Section 7-10.5 "No Parking" Signs 7-10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-10.6 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. Page 8 of 14 The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" Engineering or a "C-12" Contractor's License. At the start of work and until completion of work, the Contractor and all Sub- contractors shall possess a valid Business License issued by the City of Newport Beach. SECTION 9 ---MEASUREMENT AND PAYMENT 9.3 PAYMENT 9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization 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 Re -Mobilization and Demobilization (Corona Del Mar Community): 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. 3 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes, if required, preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards and changeable message signs, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Page 9 of 14 Item No. 4 Type I Slurry Seal: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to preparing the roadway surface, removing existing traffic striping and pavement markings, protecting raised pavement markers, providing slurry test report only when initial test results do not meet specifications, placing Type I slurry seal, and all other work items as required to complete the work in place. This item shall also include slurry sealing the existing asphalt concrete sidewalk on the north side of West Coast Highway between Superior Avenue and the Newport Beach Oil Field entrance and the asphalt concrete walking path in Corona Del Mar adjacent to Bayside Drive between Goldenrod Avenue and Iris Avenue. Item No. 5 Asphalt Based Sealcoat (Parking Lots): Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to preparing the roadway surface, removing existing traffic striping and pavement markings, protecting raised pavement markers, providing sealcoat test report only when initial test results do not meet specifications, placing two coats of asphalt based seaicoat, and all other work items as required to complete the work in place. This work item shall also include the parking lot located at 3244-3250 East Coast Highway. Item No. 6 Crack Seal: Work under this item shall include routing out the crack, applying a soil sterilizer, crack sealing of the existing asphalt roadway to be resurfaced with a hot -applied crack sealant (Deery 200 product by Crafco or approved equal), applying an asphaltic tack coat to the roadway and all other work items as required to complete the work in place. Contractor will be required to fill all cracks greater than 1/4" in street areas, and all cracks greater than 1/8" in parking lots. This work item shall also include the parking lot located at 3244-3250 East Coast Highway. Item No. 7 Install Pavement Striping and Markings: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for removal of existing striping, installing temporary and permanent pavement striping, markings, and protecting raised pavement markers. Striping shall match existing conditions, and be sprayable thermoplastic. New raised pavement markers must be placed if the existing raised pavement markers are missing or damaged. This work item shall also include the parking lot located at 3244-3250 East Coast Highway. 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." Page 10 of 14 PART 2 CONSTRUCTION MATERIALS SECTION 203 --- BITUMINOUS MATERIALS 203-5 EMULSION -AGGREGATE SLURRY 203-5.2 Materials. Replace 1) with the following: "Emulsified asphalt shall be of a quick -set type. It shall be cationic unless otherwise specified and shall conform to the requirements of CQS-1 h of 203-1.3 (Test Reports and Certification), 203-3.2, and to the following specifications when tested according to appropriate ASTM Methods: Minimum Maximum Furol Viscosity at 77 degrees F sec. 15 50 Sieve Test 0.10 Residue from distillation. % 60 80 Penetration of Residue at 77 degrees F 40 75 Particle Charge Test Positive Replace 2) with the following: Latex - Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company, Inc., or equal approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 2'/2 percent of weight of the emulsified asphalt. Latex- added emulsified asphalt shall be kept in a suspended state by an agitating mixer and mixed every three days. Materials testing shall be performed as directed by the Engineer." Replace in Table 203-5.2 (B): Sand Equivalent shall range from a value of 55 to a value of 45." 203-9 SEALCOAT-ASPHALT BASED 203-9.1 General Add to this Section: "Asphalt based sealcoat product shall be as manufactured by GuardTop or approved equal." SECTION 214 --- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non -reflective pavement markers types A and AY shall be ceramic." Page 11 of 14 214-5 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://newi)ortbeachca.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 slurry seal, slurry seal application shall end along a projection of the edge of gutter (or curb face if no gutter exists) of the intersecting street unless otherwise directed by the Engineer." 302-4.3.2 Spreading. Replace the first sentence of the second paragraph with, "Slurry seal shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. on the same day. In case of damage done by vehicles and/or pedestrians upon slurry that has not been sufficiently cured by 3:00 p.m., the Contractor shall replace all of the damaged work at the Contractor's expense and no additional compensation shall be made by the City. Upon the completion of the day's slurry, street or parking lot shall be temporary striped. Final striping shall be installed no more than ten (10) working days after placement of slurry." Replace the first sentence of the third paragraph with, "Prior to the slurry application, the Contractor shall clean all work surfaces and remove all loose materials, vegetation, oil, and other foreign material. Additionally, all weeded locations shall be treated by an approved weed -killer before any slurry shall be applied." Page 12 of 14 302-4.3.3 Field Sampling. Add this section: "Upon the Engineers direction, the Contractor shall slurry seal test sections within the construction limits for each batch of slurry mix. The Contractor shall apply the slurry test sections as directed by the Engineer. No slurry shall be applied until the test slurry sections have been approved by the Engineer. The costs of these slurry tests shall be included in the contract price paid for slurry seal and no additional compensation shall be made by the City to the Contractor. Field samples that do not meet the requirements of Table 301-4.2.2 (A) shall be re -tested. The Contractor shall be responsible for all cost associated with the re -testing." SECTION 310 --- PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310-5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: 'The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310-5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: `The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310-5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.25 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. Page 13 of 14 If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." Add the following Section: "310-5.6.11 Pavement Markers. "All Pavement markers shall comply with Section 85 of the State of California Standard Specifications. Non -reflective markers shall be ceramic. All new markers shall have glass faces or be 3M series 290." SECTION 312 --- PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT. Amend this section with: "1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD -902-L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." Page 14 of 14 Z J JOHN WAYNE VICINITY MAP NOT TO SCALE OPROJECT LOCATION CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2014-2015 CITYWIDE No. 70740 Exp. 6-30-15 APPROVED SENIOR CIVIL GINEER DATE R.C.E. 70740 C-5895 I R -6058-S LIMITS OF SLURRY SEAL 1 Y.&VINi ]Aultow.lTft I 14 CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT W�� SENIOR CIVIL GINEER DATE 2014-2015 CITYWIDE R.C.E. 70740 DATESCALE SHEET SLURRY SEAL PROGRAM DRAWN2 18 15 N.T.S. 2 OF -S it HLc C-5895 R -6058-S w w Lu w Lu IM LIMITS OF SLURRY SEAL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2014-2015 CITYWIDE SLURRY SEAL PROGRAM W� SENIOR CIVIL GINEER DATE R.C.E. 70740 N.T.S.1 3 OF C-5895 I R -6058-S (A.C. 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