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HomeMy WebLinkAboutC-8710-1 - Slurry Seal ProgramCITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov September 27, 2023 American Asphalt South, Inc. Attn: Jeff Petty 19792 El Rivino Rd. Bloomington, CA 92509 Subject: Slurry Seal Program — C-8710 Dear Mr. Petty: On September 27, 2022, 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 September 29, 2022, Reference No. 2022000319925. The Surety for the contract is Everest Reinsurance Company and the bond number is ES00011183. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure Premium for Contract Term Subject to Adjustments Based on Final Contract Price EXHIBIT B CITY OF NEWPORT BEACH BOND NO. ES00011183 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 5,887.00 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 forthe completion of this contract consists of distributing door hanger notifications, setting up traffic control, edge grinding, weed spraying, crack sealing, removing striping, slurry sealing, seal coating, temporary striping, final striping with thermoplastic paint, installing traffic markings and markers, installing new signs and street sweeping, 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 Everest Reinsurance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Seventy Seven Thousand Three Hundred Fifty Two Dollars ($977,352.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the American Asphalt South, Inc. Page B-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the 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 26th day of April .20 22 . American Asphalt South Inc. Name of Contractor (Principal) Everest Reinsurance Company Name of Surety 100 Everest Way, Warren Corporate Center, Warren, NJ 07059 Address of Surety 908-604-3000 Telephone APPROVED AS TO FORM: CITYATTORNEY'S OFFICE Attorney Pe-� - I�ralood- uthorized Signaturelfitle Authorized nt Signature K. Corey Ward, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED American Asphalt South, Inc. Page B-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 aH 3-Tuv �t-wu )ss. e^ On (for.\ 2021 before me, �j4 0NIAY'A AV_ ekma- , Notary Pu lib c, personally appeared � U � AV11* who proved to me on the basis of satisfactory evidence t be the person(a) whose name(sr) Were subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in his/heritheir authorized capacity(ies), and that by his/her4their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(i) 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. "•"`."""•«'"",.""""•".««"'"«".'•.""`"" ROSA MARIA ARTEAGA: WITNESS my hand and official seal. f e NOTARY PUBLIIC 3CA CALIFORNIA « SAN BENNANDINO COUNTY " n My CaNnk9lal EllpkaeAugWt 25.2026 6Arewd I Oje4 a Signature </ (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 And 26 20 22 before me, Sara Walliser, Notary Public Notary Public, personally appeared K. Corgi Ward proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the persons), or the entity upon behalf of which the person(A) 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. I SARA WALLISER� WI NESS m hand a official seal. 81 , COMM. # 2291865 NOTARY PUBLIC CALIFORNIA a COUNTY OF OUTTE GOIIIAI. E%PITes JUL 0. 20P3 I Signs ure (seal) I American Asphalt South, Inc. Page B-3 ZVER@ POWER OF ATTORNEY EVEREST REINSURANCE COMPANY DELA WARE KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware ("Company') having its principal office located at 477 Martinsville Road, Liberty Comer, New Jersey 07938, do hereby nominate, constitute, and appoint: Elizabeth Collool, John Hopkins, K. Corey Ward,, John J. Weber, Joseph H. Weber, Marissa Robinson, Renee Ramsey, Sara WalAser, Mindy Whitehouse, Jennifer Lakmann, Deanna Quintero, Bill Rapp, Jason March, Matthew Foster, Tony Clark, Mary Collins, Krlstle Phillips, Claudine Gordon, Michael K. Feeney, Samantha Watkins, Phil Watkins, Brad Espinosa, Paula Serl Pam Say, Breanna Boatright, Hunter Smithson, and Kathleen Le its true and lawful Attorneys) -in -fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as Its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which Is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation. Such bonds and undertakings, when duly executed by the aforesaid Attomey(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ("Board') on the 281h day of July 2016: RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co -surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co -surety and attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the President, any Executive Vice President and any Senior Vice President and Anthony Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co -surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such Facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contrect or obligation in surety or co -surety with others to which it is attached. IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 28th day of July 2016. y(1gOfop., veea u Everest Reinsurance Company F1\ �1 SEAL ip� �4 1 1973 % L� y�.,..�..—. u>�@t4wnk�/�S7 * Attest: Nicole Chase, Assistant Secretary By: Anthony Romano, Vice President On this 28th day of July 2016, before me personally came Anthony Romano, known to me, who, being duly swom, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order. LINDA ROBINS Notary Public, State of New York _ No 01 R06239736�✓J Qualified in Queens County �x-- Term Expires April 25, 2023 Linda Robins, Notary Public IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the Liberty Corner, this 26th day Of ADril 2022 . ES 00 01 04 16 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039E„x newportbeachca.gov December 8, 2022 American Asphalt South, Inc. Attn: Jeff Petty 19792 El Rivino Rd. Bloomington, CA 92509 Subject: Slurry Seal Program - C-8710-1 Dear Mr. Petty: On September 27, 2022, 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 September 29, 2022, Reference No. 2022000319925. The Surety for the bond is Everest Reinsurance Company and the bond number is ES00011183. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani 4Bro, MMC City Clerk Enclosure Premium Included in Performance Bond CITY OF NEWPORT BEACH BOND NO. ES00011183 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to American Asphalt South, Inc. hereinafter designated as the "Principal," a contract for: The work necessary forthe completion of this contract consists of distributing door hanger notifications, setting up traffic control, edge grinding, weed spraying, crack sealing, removing striping, slurry sealing, seal coating, temporary striping, final striping with thermoplastic paint, installing traffic markings and markers, installing new signs and street sweeping, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Everest Reinsurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Seventy Seven Thousand Three Hundred Fifty Two Dollars ($977,352.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as American Asphalt South, Inc. Page A-1 to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 26th day of April , 2022 American Asphalt South, Inc. Name of Contractor (Principal) Everest Reinsurance Name of Surety 100 Everest Way, Warren Corporate Center, Warren, NJ 07059 Address of Surety 908-604-3000 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 0 Attorney G P"S t deA uthorized Signature/Title rl Authorized AgkKt Signature K. Corey Ward, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED American Asphalt South, 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 S ,,, 3 e�a k,,, } ss. On R . ; 20_LZbefore me, o Y Yfi• Notary Pu Ifc, personalty appeared Tz f T u who proved to me on the basis of satisfactory evidence to behe person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herlthheir authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. •••••••••••••••••••••••••••••• WITNESS my hand and official seal. �-Js 0nr;'c LTe4t . Signature ROSA MARIA ARTEAGA COMM #2372221 N '•,'� ••i9 NOTARY PUBLIC - CALIFORNIA 2 / SAN BERNARDINO COUNTY My Commisebn Erpk" ALOM 25, 2025: 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 (seal) County of Butte } ss. On April 26. 20 22 before me, Sara Walliser, Notary Public Notary Public, personally appeared K. Corey Ward proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) is/are subscribed to the within instrument and acknowledged to me that WsheAhey executed the same in Dais/her/their authorized capacity(ioaL and that by his/her/their signatures(s) on the instrument the personal, 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. SARA WALLISER It WITNESS my hand and official seal alh COMM. # 22911355 A NOTARY PUBLIC F BUTTECALIFORNIA w L COUNTY OF SURE Comm. Expires JUL 5. 2023 Signature seal) American Asphalt South, Inc. Page A-3 FILE R E%\ POWER OF ATTORNEY EVEREST REINSURANCE COMPANY DELAWARE KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware ('Company") having its principal office located at 477 Martinsville Road, Liberty Comer, New Jersey 07938, do hereby nominate, constitute, and appoint: Elizabeth Collodf, John Hopkins, K. Corey Ward, John J. Weber, Joseph H. Weber, Marissa Robinson, Renee Ramsey, Sara Walliser, Mindy Whitehouse, Jennifer Lakmann, Deanna Quintero, Bill Rapp, Jason March, Matthew Foster, Tony Clark, Mary Collins, Kdsthe Phillips, Claudine Gordon, Michael K Feeney, Samantha Watkins, Phil Watkins, Brad Espinosa, Paula Senna, Pam Say, Bmanna Boatright, Hunter Smithson, and Kathleen Le its true and lawful Attomey(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation. Such bonds and undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ("Board") on the 28th day of July 2016: RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or cosumty with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co -surety and attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co -surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with rasped to any bond, undertaking, contract or obligation in surety or co -surety with others to which it is attached. IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 281h day of July 2018. ¢`CyUrahf,,, Everest Reinsurance Company SEAL y 1973 7;0 `h4WxR` ' t Attest: Nicole Chase, Assistant Secretary By: Anthony Romano, Vice President On this 28th day of July 2016, before me personally came Anthony Romano, known to me, who, being duly swom, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order. LINDA ROBINS Notary Public, State of New York No 07 R06239736 'Z/� Qualified in Queens County Term Expires April 25, 2023 Linda Robins, Notary Public IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the Liberty Corner, this 26th day Of April 2022 . ES 00 01 04 16 9/29/22, 9:04 AM Batch 14751752 Confirmation Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder RECORDING REQUESTED BY AND IIIIIIIIIIIIIIII IIIIIIIII 'llllllll NO FEE WHEN RECORDED RETURN TO: ` $ R o 0 1 3 9 tl 2 3 6 9 $ * 2022000319925 8:50 am 09129/22 City Clerk 9 RW9A NI 1 City of Newport Beach 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and American Asphalt South, Inc., Bloomington, California, as Contractor, entered into a Contract on April 12, 2022. Said Contract set forth certain improvements, as follows: Slurry Seal Program - C-8710-1 Work on said Contract was completed, and was found to be acceptable on September 27, 2022 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Everest Reinsurance Company. Liz City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. �r /1 Executed on 6J t �ZV at Newport Beach, California. M https://gs.secure-recording.com/Batch/Confirmation/l 4751752 2/2 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees Pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and American Asphalt South, Inc., Bloomington, California, as Contractor, entered into a Contract on April 12, 2022. Said Contract set forth certain improvements, as follows: Slurry Seal Program - C-8710-1 Work on said Contract was completed, and was found to be acceptable on September 27 2022 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Everest Reinsurance C mmnami 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 _ tftkgA at Newport Beach, California. m C1jy 01-411 ' CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 16th day of March , 2022, at which time such bids shall be opened and read for SLURRY SEAL PROGRAM Contract No. 8710-1 $970,000 Engineer's Estimate Approved by James M. Houlihan eputy PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: htt ;Hwww. latiotbids.com/ ortall ortal.cfrn?Com an IC=22076 Hard copy plans are available via Santa Ana Blue Print at (949)766-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" or "C-12" For further information, call Patricia Carpenter, Project Manager at (949) 644-3344 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE i ittn.lie7 wpr riE,etc>hs a. v1 E rnrner�#iq �n-trari of ntlnr�l€�� _ s rt'� I' _rrLs _ _ . _ vendor-repstration City of N2Mort Beach SLURRY SEAL PROGRAM Contract No. 8710-1 TABLE OF CONTENTS NOTICE INVITING BIDS .............................................. ..............Cover INSTRUCTIONS TO BIDDERS ................. 3 BIDDER'S BOND ................................_.... 6 ...................................................... DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ........................... . . „ 9 NON -COLLUSION AFFIDAVIT ........................................... ........ 13 .................. DESIGNATION OF SURETIES .................................... ........... 14 ....................... CONTRACTOR'S INDUSTRIAL SAFETY RECORD............................ 15 .................. ACKNOWLEDGEMENT OF ADDENDA ................... .....1 g INFORMATION REQUIRED OF BIDDER.. ............. ......... 19 NOTICE TO SUCCESSFUL BIDDER ................... .................................................... 21 CONTRACT.........................•--••................... ..... 22 LABOR AND MATERIALS PAYMENT BOND ............................................ Exhibit A FAITHFUL PERFORMANCE BOND ........................................................... Exhibit B INSURANCE REQUIREMENTS ........................ ...... Exhibit C PROPOSAL......................................................... .. PR -1 SPECIAL PROVISIONS ............................... .... ................. SP -1 2 City of Newport Beach SLURRY SEAL PROGRAM Contract No. 8710-1 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted 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; Contractor shall confrrm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line 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 (Bid Due 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 this reading may go to Bay E, 2nd Floor of the Civic Center (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. Original copies must be submitted to the City Clerk's Office. 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. 3. 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. Original, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 5. 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, 3 bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 6. 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. 7. 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) 743-4774, 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)]. 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 corporation. For partnerships, the signatures shall be. of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to 4 provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B_ If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed_ AQS1 Contractor's License No. & Classification thorized i aturelfitle Jf1 DIR Registration Number & Expiration Date Date Bidder E City of Newport Beach SLURRY SEAL PROGRAM Contract No. 8710-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Amount Bid Dollars ($ 10% of Amount Bid), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of SLURRY SEAL PROGRAM, Contract No. 8710-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 28th day of February 2022, American Asphalt South, Inc. JdVAI4 — A-5ldea,�- Name of Contractor (Principal) Authorized Signature itle Everest Reinsurance Company Name of Surety Author d Agent Signature 100 Everest Way, Warren Corporate Center, K. Core Ward Attorney -in -Fact Warren, NJ 07059 y y - Address of Surety Print Name and Title +SI. � III Telephone (Notary acknowledgment of Principal & Surety must be attached) 0 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 San Bernardino On March 1, 2022 personally appeared Jeff Petty before me, Rosa Maria Arteaga- Notary (insert name and title of the officer) , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is subscribed to the within instrument and acknowledged to me that he executed the same in hisauthorized capacity(+es), and that by his'" 'ter signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature • •"` "• , ROSH MARIA ARTEAGA COMM #2372221 K NOTARY PUBLIC • CALIFORNIA SAN BERNARDINO COUNTY ' My Commission 60a AtgW 26, 2025 «+«rrrr «rrrrr*rrtrrrrrrrrrrrr�rrrrrrr� 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 February 28 2022 before me, Elizabeth Collodi, Notary Public , Notary Public, personally appeared K. Corey Ward who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ELIZABETH COLLODI It COMM, 0 2392420 � NOTARY PUBLIC • CALIFORNIA COUNTY OF BUTTE. Oomm. Erplm FEB 1, 2028 (seal) OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Thumbprint of Signer C Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 Check here if no thumbprint or fingerprint is available. 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 }ss. On 120 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (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 } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature M. (seal) A!FVE R ES'C. POWER OF ATTORNEY EVEREST REINSURANCE COMPANY DELAWARE KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware ("Company") having its principal office located at 477 Martinsville Road, Liberty Corner, New Jersey 07938, do hereby nominate, constitute, and appoint: Elizabeth Collodi, John Hopkins, K. Corey Ward, John J. Weber, Joseph H. Weber, Marissa Robinson, Renee Ramsey, Sara Walliser, Mindy Whitehouse, Jennifer Lakmann, Deanna Quintero, Bill Rapp, Jason March, Matthew Foster, Tony Clark, Mary Collins, Kristie Phillips, Claudine Gordon, Michael k Feeney, Samantha Watkins, Phil Watkins, Brad Espinosa, Paula Senna, Pam Sey its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation. Such bonds and undertakings, when duly executed by the aforesaid Attorneys) -in -fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ("Board") on the 28th day of July 2016: RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co -surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co -surety and attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co -surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co -surety with others to which it is attached. IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 28th day of July 2016. ..,,SufBpt,, Everest Reinsurance Company QcpppoRgTe O m SEAL 1973, v> OeAW,%* r * Attest: Nicole Chase, Assistant Secretary By: Anthony Romano, Vice President On this 28th day of July 2016, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order. LINDA ROBINS Notary Public, State New York No 0180623977 36 Qualified in Queens County C C Term Expires April 25, 2023 Linda Robins, Notary Public IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the Liberty Corner, this 28th day of February 2o22 ES 00 01 04 16 City of NewportBeach SLURRY SEAL PROGRAM Contract No. 8710-1 DESIGNATION OF SU13CONTRACTOR(S) AF'FADAVIT 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 subcontraptor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid 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. Bidders must also include DIR registration numbers for each subcontractor. Bidder uthorized Signatureffitle Q City of N@Mort Reach SLURRY SEAL PROGRAM Contract No. 8710-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name 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 $150,000, provide the following information: No. 1 Project Name/Number e lJ, %'ZOV Project Description Cern! g' 1;'0A Approximate Construction Dates: From J f ,ff%lf To: —�� Agency Name _L� r � �41VIy7 Contact Person i ler//.t Telephone (3W) AV- AVV Original Contract Amount $ 4wachnal Contract Amount $ i 45'l� If final amount is difFe ent 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. ✓ A 131 10 No. 2 Project Name/Number Project Description Approximate Construction Dates: From he AAI To: Ull ' lw/ Agency Name ��' 'J d¢� ..ve'-ele Contact Person 7")—Afi e6l� --wy'04 Telephone Original Contract Amount $_WMW[Final Contract Amount $__ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. =- No. 3 /' /� Project Name/Number ,7���.irl'C 71;4��'li�rr�s Project Description Approximate Construction Dates: From _ 41?k .�o�% To: Agency Name Contact Persons Telephone (�q Original Contract Amount $A8,4 *final Contract Amount $ . If final amount C'E'O a, 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. "t1b. 11 No. 4 Project Name/Nurr Project Description Approximate Consi Agency Name Contact Person XaP%l 64J 11 T elephone (iYI) •��i /�� Original Contract Amount � �� � Pinal Contract Amount $ � If final amount is different from original, please explain (change orders, extra work, etc. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Project Name/Number —61-1i� Project Description Approximate Construction Dates: From tae AVI To: Agency Name 07"' (�nkej' Contact Person 6; +f8/ A)0'0? -/4r;9 Telephone Original Contract Amount $OFinal Contract Amount $ ������%✓� If final amoun is diff rent fro 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. M - eb, Project Name/Number �Q.�� a�trt� ✓CPG Project Description Awl i�s✓fi _ J`�f ' �q7'f 9 Approximate Construction Dates: Fromri! XG7r?V To: d, � Agency Name �i? •e/.V .SdWaar f Contact Person 17O /' 01411t1d Telephone Original Contract Amount �kinal Contract Amount $ If final arnoyntis diffejent from Qriginal, please explain (change orders, extra work, etc.) Go / 41-rl 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. 14, 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, life Contractor shall attach a financial statement and other Information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidder 13 A/thorizged atureJdl. Sign/Title EXPERIENCE RESUME PROJECT MANAGER: TIM GRIFFIN EXPERIENCE: ROY ALLAN SLURRY SEAL FROM 1987-1998 WORKING AS A TRAFFIC CONTROL MAN, SQUEEGEEMAN, SHUTTLEMAN, LINE DRIVER & MIXER OPERATOR. CALIFORNIA PAVEMENT MAINTENANCE FROM 1998-2001 WORKING AS A PROJECT SUPERVISOR & OPERATIONS MANAGER. AMERICAN ASPHALT SOUTH FROM 2001 -PRESENT WORKING AS A PROJECT SUPERVISOR & PRODUCTION MANAGER. PROJECT MANAGER: JEFF PETTY EXPERIENCE: AMERICAN ASPHALT FROM 1985 -PRESENT WORKING AS A TRAFFIC CONTRAL MAN, SQUEEGEEMAN, SHUTTLEMAN, LINE DRIVER, MIXER - OPERATOR, PROJECT SUPERVISOR & PRODUCTION MANAGER. PROJECT MANAGER: LYLE STONE EXPERIENCE: ROY ALLAN SLURRY SEAL FROM 1986-1998 WORKING AS THE ESTIMATOR AND PROJECT MANAGER. CALIFORNIA PAVEMENT MAINTENANCE FROM 1998-1999 WORKING AS THE AREA MANAGER. ASPHALT MAINTENANCE COMPANY FROM 1999-2000 WORKING AS THE AREA MANAGER AND PROJECT SUPERINTENDENT. VALLEY SLURRY SEAL FROM 2000-2001 WORKING AS THE AREA MANAGER. AMERICAN ASPHALT SOUTH FROM 2001 -PRESENT WORKING AS THE AREA MANAGER, PROJECT MANAGER AND ESTIMATOR. PROJECT MANAGER: TYLER SKENDER EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2008 -PRESENT PROJECT SUPERVISOR: JULIO RUIZ EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 1998 -PRESENT PROJECT SUPERVISOR: JOSE SALINAS EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 1998-2008 & 2010 TO PRESENT PROJECT SUPERVISOR: DONATO FRANCO EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2016 TO PRESENT PROJECT SUPERVISOR, DAVID DARR EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2008 TO PRESENT MIXER -OPERATOR: JAIME SALINAS EXPERIENCE: AMERICAN ASPHALT SOUTH, INC_ FROM 2004 -PRESENT MIXER -OPERATOR: MANNY GONZALES EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2001 -PRESENT Ci of Newport Beach SLURRY SEAL PROGRAM Contract No. 87101 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of beingprst duly swam, deI?os�s d says that he or she is 1' of IfteW 70 ,J -1t4 ✓di �»c the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Bidder uthorized Signature/Title Subscribed and sworn to (or affirmed) before me on this IQ_11 day of_" 2022 by je, E (Pe- I I tj , proved to me on the basis of satisfactory evidence to be the per n(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] Notary Public My Commission Expires: A,,- . 4 s- dcas. Qaa4saaaaAaaaaCaaaaaaaaaa vaea.axa wenan ;R©SA MARIA ART AGA k COMM #2372221 a NOTARY PUBLIC - CALIFORNIA 0 < q !!! SAN BERNARDINO COUNTY a �My Gammtn m &&hers kigum 25.20125 -exiaalagaalalaa4ayalae Aeaa�4akaa3v City of Newport Beach SLURRY SEAL PROGRAM Contract No, 8710-1 DESIGNATION OF SURETIES Bidder's name.�YIY�`CQvJ �y,�,���, 1�✓� Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): �7 ,O /1174 Cl&q 15 BROKERS & SURETIES FROM WHOM THE BIDDER INTENDS TO PROCURE INSURANCE AND BONDS BONDING AGENT: INTERWEST INSURANCE SERVICES, INC. 1357 E. LASSEN AVENUE CHICO, CA 95973 (530)897-3154 SURETY COMPANY: EVEREST REINSURANCE COMPANY P.O. BOX 830 LIBERTY CORNER, NJ 07938-0830 (908)604-3000 INSURANCE AGENT: INTERWEST INSURANCE SERVICES, INC. 368 E. YOSEMITE AVENUE, SUITE 100 MERCED, CA 95340 (209)724-2324 City of Newport Beach Contract No. 8710-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name .1I%E'Y O,9 f4,1 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. 181 Current ' Record Record Record Record Record Year of for for for for for Record 2021 2020 2019 2018 2017 Total 2022 1 No. of contracts I /0 r7� g �� I? I 9U 00 Total dollar Amount of Contracts (in ►'J (y3� gQa 4(D,c C� t{� y�q �ll�l1'� ��90� MA/ 1 Thousands of $) a j No. of fatalities No. of lost { Workday Cases J No. of lost l !� workday cases involving permanent transfer to another job or 0 termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 181 Legal Business Name of Bidder J i,-OOk,/,/ „��/� ,�- Business Address: X9,2/ Business Tel. No.: State Contractor's License No. and Classification: A9 WY f� Title 6 &-jyal The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. (NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 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 San Bernardino On March 10, 2022 before me, Rosa Maria Arteaga- Notary (insert name and title of the officer) personally appeared Jeff Petty and Tim Griffin , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that she/they executed the same in #ir~heir authorized capacity(ies), and that by 4W44ef/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, Signature A*pARhgpp**gA4gA<**Apppp*4pppppp*AAaggqA t , POSA MARIA ARTEAGA U ' -� COMM #2372229 3 Q & I" NOTARY PUBLIC - CAUroRNIA \f• * - �' SAN BERNAADINO COUNTY COMONlan Free ALIQW 25. 2825 n A qA*psaaaeease*:ereasaeeeaepeeeteeaaeeem City of Newport Beach SLURRY SEAL PROGRAM Contract No. 8710-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name erle-CIV The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: M-] Ciiy of Newport Reach SLURRY SEAL PROGRAM Contract No. 8710-1 INFORMATION REQUIRED OF BIDDER. Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: _ 4er;1_410 edzzllJ/X/,- Business Address /9//y,�/.f'Y�� Telephone and Fax Number: ( W ''%"'V Z±';�2r ,��� California State Contractor's License No. and Class: /119-X/9 (REQUIRED AT TIME OF AWARD) Original Date Issued: 00-0, ,/DO Expiration Date: a 4 1 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address "/,�0 / 4 � .lore ;4407/ Corporation organized under the laws of the State ofm�i 19 Telephone The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: 146we 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; Have you ever had a contract terminated by the owner/agency? If so, explain. st0Q Have you ever failed to complete a project? If so, explain. 116'D For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor com fiance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Ye ' o , 20 ATKINSON, ANDELSON, LOYA, RUUD & Romo CERRITOS (562) 653-3200 FRESNO (559) 225-6700 MARIN (628) 234-6200 ?ASADENA (626) 583-8600 SOgte@aalrr.com (949) 536-2225 To Whom It May Concern Public Works Department A PROFESSIONAL LAW CORPORATION ATTORNEYS AT LAW I 10 (LEA2A^200 (925( 227--9200 20 PACIFICA, SUITE 1100 RIVERSIDE IRVINE, CALIFORNIA 92618-3371 (951) 683-1122 (9 49) 453-4260 SACRAMEtJTfl (916) 923-1200 FAX (949( 453-4262 WWW.AALRR.COM SAN GIEGO (858)485-9526 OUR FILE NUMBER: 008905.00027 34210[96.1 August 23, 2021 VIA FIRST CLASS MAIL Re: Dismissal of City of San Diego Action for Debarment To Whom It May Concern: Our office represents American Asphalt South, Inc. in connection with the Accusation in Action for Debarment fled by the City of San Diego, Following several months of litigation, with the help of an Administrative Law Judge in a series of confidential mandatory settlement conferences, the Parties have reached a settlement that is acceptable to both Parties without any admission or concession of liability and which allows for a reset of the relationship between the City of San Diego and American Asphalt South, Inc. Accordingly, on July 29, 2021, the City of San Diego filed a Notice of Dismissal of the Accusation of the Action in Debarment with prejudice. On that same day, the Office of Administrative Hearings dismissed the Accusation in Action for Debarment with prejudice. Please feel free to contact me with any further questions. Best regards, ATKINSON, ANDELSON, LOYA, RUUD & ROMO Shawn M. Ogle SMO:mnn Are any claims or actions unresolved or outstanding? Yes 60' If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. rmetrtrlvt Bidder (Print name of OwIfier or President of Corporation/Company) A Signature/Titie Title --lo Date On 4 1 a 2o2i before me, _ tZ c s , I��Y; a Divi c a 9 Notary Public, personally appeared 7e' V 2!= , who proved to me on the basis of satisfactory evidence to be the person(y) whose name(y) is/alt subscribed to the within instrument and acknowledged to me that he/sheftey executed the same in his/hent TOk authorized capacity(ies), and that by his/herM-K* signature(43) on the instrument the person(s), or the entity upon behalt otwhich the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ''(� o rc� A/1 aka; Izaro Notary Public in and for said Vate My Commission Expires: (SEAL) a+oa++reg.eaftettttt►ftftttf►trttttttt+s ROSA MARIA e AR7"cwGn ; COMM #2372221 't NOTARY PUBLIC - CAUrORNIA + ° SAN BERNARDINO COUNTY .o +naswtI Meet a fiM tAugW 25.' o?' + aaaaaaaata+away as++o++a-c+az 0`tt °, • Its MAM AAi'EAGA f ( COMM #2872221 RY 21 . NOTAPUBW - CALIrORIWA i7 r SAN BMNAMNO COMY - a i :, My C4i1"igaion F_Vk0* AUGL81 25. 2025 attaaavw+w<awtnhnewoanaaaar,awa�wanrn+as City Of Newport Beach The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Spec cations for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 SLURRY SEAL PROGRAM CONTRACT NO. 8710-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 12th day of April, 2022 ("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 19792 EI Rivino Rd. Bloomington, California 92509, 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 distributing door hanger notifications, setting up traffic control, edge grinding, weed spraying, crack sealing, removing striping, slurry sealing, seal coating, temporary striping, final striping with thermoplastic paint, installing traffic markings and markers, installing new signs and street sweeping (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. 8710-1, 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 Nine Hundred Seventy Seven Thousand Three Hundred Fifty Two Dollars ($977,352.00). 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 Jeff Petty 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. 6. NOTICE OF CLAIMS 6.1 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 American Asphalt South, Inc. Page 2 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.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 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: Director of Public Works 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: Jeff Petty American Asphalt South, Inc. 19792 EI Rivino Rd. Bloomington, CA 92509 American Asphalt South, Inc. Page 3 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 Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor 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 Contractor on the Project. 11. PROGRESS Contractor 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. American Asphalt South, Inc. Page 4 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 Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract 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 Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. 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. American Asphalt South, Inc. Page 5 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 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 American Asphalt South, Inc. Page 6 retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. American Asphalt South, Inc. Page 7 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 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. inconsistencies between this Contract and terms of this Contract shall govern. In the event there are any conflicts or any other attachments attached hereto, the 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. American Asphalt South, Inc. Page 8 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, 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'S OFFICE Date: ia� �r--7 By: r) Aa n C. Harp City Attorney ATTEST: L ,� Date: �. im BrownLeilani 1. City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Kevin Muldoon Mayor CONTRACTOR: AMERICAN ASPHALT SOUTH, INC., a California corporation Date: Signed in Counterpart By: Allan Henderson Chief Executive Officer Date: Signed in Counterpart By: Timothy Griffin 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 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: _VI VA? By: �r 1 A on C. Harp City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Kevin Muldoon Mayor CONTRACTOR: AMERICAN ASPHALT SOUTH, INC., a California corporation Date: ars l 27;Iy.i_ �L_ Date: By: Timot G � in 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 Premium Included in Performance Bond EXHIBIT A CITY OF NEWPORT BEACH BOND NO. ES00011183 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to American Asphalt South, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of distributing door hanger notifications, setting up traffic control, edge grinding, weed spraying, crack sealing, removing striping, slurry sealing, seal coating, temporary striping, final striping with thermoplastic paint, installing traffic markings and markers, installing new signs and street sweeping, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Everest Reinsurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Seventy Seven Thousand Three Hundred Fifty Two Dollars ($977,352.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as American Asphalt South, Inc. Page A-1 to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 26th day of April , 2022 American Asphalt South, Inc. Name of Contractor (Principal) Everest Reinsurance Company Name of Surety 100 Everest Way, Warren Corporate Center, Warren, NJ 07059 Address of Surety 908-604-3000 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1.5 -1611 -ID la in C. Harp Attorney wl�O'L j'W &A P"SlJeA4- uthorized Signature/Title Authorized A t Signature K. Corey Ward, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED American Asphalt South, 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 ex- � u� � r k" On (A ; .� 20 -22, befre me, Notary Public, personally appeared f T who proved to me on the basis of satisfactory evidence to beAhe person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/sbelieexecuted the same in his/herltheir 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.•__••_•=•««r«.=rr.«rrr.rrr«rr«.•..r..«• •"` °''�•. ROSA MARIA ARTEAGA: WITNESS my hand and official seal. N = �, COMM #2372221 NOTARY PUBLIC - CALIFORNIA „ SAN BERNARDINO COUNTY `• n +,• My Comminion Expires AugW 25.2025 •rrrrrrrrrrrrrrr«r►«rrr«rrrrr►Rrrrrr►rr � J �cc t r a �✓ e (�' ro Signature (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 April 26, 20 22 before me, Sara Walliser, Notary Public Notary Public, personally appeared K. Corey Ward proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) is/afe subscribed to the within instrument and acknowledged to me that he,1sheAhey executed the same in his/her/their authorized capacity(ies), and that by his/her/th6r signatures(s) on the instrument the person(a), 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. -� SARA WALLISER It WITNESS my hand and official seal. WlI COMM. # 2291855 >M NOTARY PUBLIC CALIFORNIA (n 4I COUNTY OF BUTTE W C ` Comm. Expires JUL 5, 2023 IF Signature """""" seal) American Asphalt South, Inc. Page A-3 ACvERESV POWER OF ATTORNEY EVEREST REINSURANCE COMPANY DELAWARE KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware ("Company") having its principal office located at 477 Martinsville Road, Liberty Comer, New Jersey 07938, do hereby nominate, constitute, and appoint: Elizabeth Collodi, John Hopkins, K. Corey Ward, John J. Weber, Joseph H. Weber, Marissa Robinson, Renee Ramsey, Sara Walliser, Mindy Whitehouse, Jennifer Lakmann, Deanna Quintero, Bill Rapp, Jason March, Matthew Foster, Tony Clark, Mary Collins, Kristie Phillips, Claudine Gordon, Michael k Feeney, Samantha Watkins, Phil Watkins, Brad Espinosa, Paula Senna, Pam Say, Breanna Boatright, Hunter Smithson, and Kathleen Le its true and lawful Attomey(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation. Such bonds and undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ("Board") on the 28th day of July 2016: RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co -surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co -surety and attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co -surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co -surety with others to which it is attached. IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 28th day of July 2016. 0SUra1 0 Everest Reinsurance Company Q' O�pORgr� n0 R: SEAL Z y , 1973 N 7 qrAWA* "r Lo * Attest: Nicole Chase, Assistant Secretary By: Anthony Romano, Vice President On this 28th day of July 2016, before me personally came Anthony Romano, known to me, who, being duly swom, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order. LINDA ROBINS Notary Public, State New York / of No 01 R06239736 Qualified in Queens County /KGZ�[r Y//�C/C� r* ✓ Term Expires April 25, 2023 Linda Robins, Notary Public IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the Liberty Corner, this 26th day of April 2022 . ES 00 01 04 16 Premium for Contract Term Subject to Adjustments Based on Final Contract Price EXHIBIT B CITY OF NEWPORT BEACH BOND NO. ES00011183 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 5,887.00 , 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 consists of distributing door hanger notifications, setting up traffic control, edge grinding, weed spraying, crack sealing, removing striping, slurry sealing, seal coating, temporary striping, final striping with thermoplastic paint, installing traffic markings and markers, installing new signs and street sweeping, 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 Everest Reinsurance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Seventy Seven Thousand Three Hundred Fifty Two Dollars ($977,352.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the American Asphalt South, Inc. Page B-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the 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 26th day of April ,20 22 . American Asphalt South, Inc. JaA,,I — Oaldww- Name of Contractor (Principal)/Authorized Signature/Titl Everest Reinsurance Company Name of Surety 100 Everest Way, Warren Corporate Center, Warren, NJ 07059 Address of Surety 908-604-3000 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:S �� J2 -L .4 a on L;: harp C4 Attorney Authorized A6ent Signature K. Corey Ward, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED American Asphalt South, Inc. Page B-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 ?)ev'Aa� �JWL )Ss. On 20 21 before me,�1f:1C' Notary Public, personally appeared who proved to me on the basis of satisfactory evidence td be the person(e) whose name(er) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her;Aheir authorized capacity(ies), and that by his/her-ftheir signatures(iw) 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,****•*►*►•••aaa.aaaa►«.«a«,ar..aa«ra.aa a .•"".', , ROSA MARIA ARTEAGA; U COMM #2372221 WITNESS my hand and official seal. N :�•am' •e NOTARY PUBLIC - CALIFORNIA • ° SAN BERNARDINO COUNTY *� e+ „ •*,• My Commission Expirm Augwt 25, 2025 k aarrr:a►aaaara►rara«rrrrrrrrrr�raraaarr �US� LCYc dArl d/aa Signature <j (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 April 26 2022 before me, Sara Walliser, Notary Public Notary Public, personally appeared K. Corey Ward proved to me on the basis of satisfactory evidence to be the person(&•) whose name(&) is/M subscribed to the within instrument and acknowledged to me that he/she/tl4ey executed the same in hWher/tbeir authorized capacity(ies), and that by his/her/tkeir signatures(s) on the instrument the person(-%), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �•- • SARA VIIALLISER �r COMM. # 2291855 WITNESS my hand and official seal. �� NOTARY PUBLIC CALIFORNIA (nn COUNTY OF BUTTE . -s Comm. Expires JUL 5, 2023 Signa ure (seal) American Asphalt South, Inc. Page B-3 'c'iVE R F_.S\ POWER OF ATTORNEY EVEREST REINSURANCE COMPANY DELAWARE KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware ("Company') having its principal office located at 477 Martinsville Road, Liberty Comer, New Jersey 07938, do hereby nominate, constitute, and appoint: Elizabeth Collodi, John Hopkins, K. Corey Ward, John J. Weber, Joseph H. Weber, Marissa Robinson, Renee Ramsey, Sara Wailiser, Mindy Whitehouse, Jennifer Lakmann, Deanna Quintero, Bill Rapp, Jason March, Matthew Foster, Tony Clark, Mary Collins, Kristie Phillips, Claudine Gordon, Michael K. Feeney, Samantha Watkins, Phil Watkins, Brad Espinosa, Paula Senna, Pam Sey, Breanna Boatright, Hunter Smithson, and Kathleen Le its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation. Such bonds and undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ("Board") on the 28th day of July 2016: RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co -surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co -surety and attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co -surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co -surety with others to which it is attached. IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 28th day of July 2016. ES 00 01 04 16 Everest Reinsurance Company e`P`'urahCP rro"oR4,, O M v ' SEAL S 7 Z Irl `y ' 1973 30 OCIAWN0 .' * Attest: Nicole Chase, Assistant Secretary By: Anthony Romano, Vice President On this 28th day of July 2016, before me personally came Anthony Romano, known to me, who, being duly swom, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order. LINDA ROBINS / Notary Public, State of New York No 01 R06239736 i } Qualified in Queens County �6C 77 Term Expires April 25, 2023 Linda Robins, Notary Public IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the Liberty Corner, this 26th day of April 2o22 . ES 00 01 04 16 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 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 documents referenced in this Contract must be returned to City within ten American Asphalt South, Inc. Page C-2 (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. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. 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 American Asphalt South, Inc. Page C-3 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 self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. American Asphalt South, Inc. Page C-4 K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. American Asphalt South, Inc. Page C-5 City of N@Mort Beach SLURRY SEAL PROGRAM Contract No. 8710-1 (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in P/anetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Councilmembers: The undersigned declares that the Contractor 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. 8710-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: Date Bidder's Telephone and Fax Numbers i �Mn Bidder's License No(s). and Classifications) DIR Registration Number Bidder's email address - PR -1 Bidder jiddker's Authorized S' nafiure and Title Bidder's Address Vendor Name American Asphalt South, Inc. Address 19792 EI Rivino Road Riverside, CA 92509 Delivery Method Riverside, California 92509 Bid Responsive United States Respondee Lyle Stone Respondee Title Senior Estimator Phone 909-427-8276 Email tyles@americanasphaltsouth.com Vendor Type License # CADIR Bid Format Electronic Submitted 03/16/2022 8:27 AM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 283876 File Title File Name File Type BID SUBMITTAL C-8710-1 American Asphalt South, Inc. General Attachment.pdf General Attachment BID BOND C-8710-1 American Asphalt South, Inc Bid Bond.pdf Bid Bond Showing 3 Subcontractors Name & Address Desc License Num CADIR Amount Type Cal Stripe Inc. Signing and 685387 1000001100 S242,045.00 2040 E. Steel Rd. Striping Colton, California 92324 Lukkes Striping Sealcoat 922425 1000003491 $2,50000 2060 Emery Avenue La Habra, California 90631 Pavement Recycling Systems Edge Grinding 569352 1000003363 5142,720.00 10240 SAN SEVAINE WAY JURUPA `•1ALLEY. California 91752 Discount Terms No Discount Item # Item Code Type Item Description UOM QTY Unit Price Line Total Response Comment Section 1 $977,352.00 1 Mobilization LS 1 525,000.00 525,000.00 Yes 2 Traffic Control LS 1 $32,805.00 $32,805.00 Yes 3 Edge Grinding LF 160000 $0.98 $156,800.00 Yes 4 Crack Seal LS 1 $70,392.00 970,392.00 Yes 5 Type I Slurry Seal SF 2900000 $0.14 5406,000.00 Yes 6 Sealccat Asphalt Based SF 12000 $0.23 $2,760.00 Yes 7 Signing and Striping LS 1 $281,595.00 $281,595.00 Yes 8 Provide As -Built Plans LS 1 52,000.00 $2,000.00 Yes Section Title Section 1 Grand Total Line Total $977,352.00 $977,352.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS SLURRY SEAL PROGRAM PROJECT NO. 22R04 CONTRACT NO. 8710-1 PART 1 - GENERAL PROVISIONS 1 SECTION 1 -TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 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 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 5-4 RELOCATION 2 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 4 4 4 4 4 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4 6-1.1 Construction Schedule 4 6-7 TIME OF COMPLETION 5 6-7.1 General 5 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 6 6-9 LIQUIDATED DAMAGES 6 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7 7 7-1.2 Temporary Utility Services 7 7-2 LABOR 7 7-2.2 Prevailing Wages 7 7-7 COOPERATION AND COLLATERAL WORK 7 7-8 WORK SITE MAINTENANCE 7 7-8.4 Storage of Equipment and Materials 7 7-8.4.2 Storage in Public Streets 7 7-8.6 Water Pollution Control 7 7-8.6.2 Best Management Practices (BMPs) 7 7-10 SAFETY 8 7-10.3 Haul Routes 8 7-10.4 Safety 8 7-10.4.1 Work Site Safety 8 7-10.5 Security and Protective Devices 8 7-10.5.3 Steel Plate Covers 8 SECTION 9 - MEASUREMENT AND PAYMENT 8 9-2 LUMP SUM WORK 8 9-3 PAYMENT 9 9-3.1 General 9 9-3.2 Partial and Final Payment. 10 PART 2 - CONSTRUCTION MATERIALS 11 SECTION 203 — BITUMINOUS MATERIALS 11 203-5 SLURRY SEAL 11 203-5.1 General 11 203-5.4 Emulsion -Aggregate Slurry (EAS) 11 203-5.4.1 General 11 203-5.4.2 Materials 11 SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 11 214-4 PAINT FOR STRIPING AND MARKINGS 11 214-4.1 General 11 214-4.3 Preformed Green Thermoplastic Markings 12 214-6 PAVEMENT MARKERS 12 214-6.3 Non -Reflective Pavement Markers 12 214-6.3.1 General 12 214-6.4 Retroreflective Pavement Markers 12 214-6.4.1 General 12 SECTION 215 - TRAFFIC SIGNS 12 PART 3 - CONSTRUCTION METHODS 13 SECTION 300 - EARTHWORK 13 300-1 CLEARING AND GRUBBING 13 300-1.3 Removal and Disposal of Materials 13 300-1.3.1 General 13 SECTION 302 - ROADWAY SURFACING 13 302-4 SLURRY SEAL SURFACING 13 302-4.8 Spreading and Application 13 302-4.9 Field Sampling and Testing 14 302-4.12 Rolling of Slurry Sealed Surface 14 302-4.13 Street Sweeping and Cleanup 14 302-8 SEALCOAT FOR MISCELLANEOUS AREAS. 14 SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 14 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 14 314-2.1 General 14 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 15 314-4.1 General 15 314-4.2 Control of Alignment and Layout 15 314-4.2.1 General 15 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 15 314-4.4.1 General 15 314-4.4.2 Surface Preparation 16 314-4.7 Application of Preformed Green Thermoplastic Markings 16 314-5 PAVEMENT MARKERS 16 314-5.1 General 16 SECTION 315 - TRAFFIC SIGN INSTALLATION 16 PART 6 - TEMPORARY TRAFFIC CONTROL 17 SECTION 600 - ACCESS 17 600-1 GENERAL 17 600-2 VEHICULAR ACCESS 17 600-3 PEDESTRIAN ACCESS 18 SECTION 601— WORK AREA TRAFFIC CONTROL 18 601-1 GENERAL 18 601-2 TRAFFIC CONTROL PLAN (TCP) 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS SLURRY SEAL PROGRAM PROJECT NO. 22R04 CONTRACT NO. 8710-1 INTRODUCTION Q�ypFESSIONq� 5��' �p�P CAR,oF Fye\ mt C89793 ; RTEOFCAl1F ��/ 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 -7018-S); (3) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria and Standard Drawings for Public Works Construction are available at the following website: http://www.newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach Page SP 1 of 19 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the Contractor shall possess a Class "A" or "C-12" license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of distributing door hanger notifications, setting up traffic control, edge grinding, weed spraying, crack sealing, removing striping, slurry sealing, seal coating, temporary striping, final striping with thermoplastic paint, installing traffic markings and markers, installing new signs and street sweeping. . 2-9 SURVEYING 2-9.1 Permanent Survey Markers The Contractor shall protect all survey monuments during construction operations and uncover all survey monuments prior to re -opening the road to vehicular traffic following completion of slurry sealing. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup Page SP 2 of 19 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit: 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 in this subsection, one (1) percent may be added as compensation for bonding. 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the total subcontracted cost may be added by the Contractor. To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. Page SP 3 of 19 SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box 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 6-1.1 Construction Schedule 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 baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline 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 baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the 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. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In addition, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. Required Start Date To avoid impacts with neighboring schools, construction shall start on June 13, 2022, unless otherwise approved by the Engineer. Page SP 4 of 19 Trash Pick-up Coordination Contractor shall provide a list of streets that will be slurry sealed on every Tuesday, so the City can coordinate early trash pick-up in these neighborhoods. See trash pick-up schedule provided by the City for date of trash pick-up. Special scheduling for slurry seal operations on Sherrington Place and Sea Gull Lane (for the Eight 80 Apartments) on Sheet 5 of the plans is required. Contact Republic Services at (562) 279-5354 to coordinate early trash pick-up on slurry seal days. Trash pick-up for Eight 80 Apartments is on Monday, Wednesday, and Friday. Coordination with Theatre Arts Center Contractor must coordinate special scheduling restrictions with the Theatre Arts Center for sealcoating John Wayne Park Parking Lot. Work at this parking lot requires special notification and advanced notice and shall occur after June 20, 2022. The location of this work is shown on Sheet 6 (John Wayne Park Parking Lot). Special scheduling may require working off hours, splitting up seal coat areas, working on weekends and/or limited hours. Special scheduling work and any associated labor and material costs are included as part of the bid item price for sealcoat. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 40 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. 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., outside of the working hours. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays 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. The following days are designated City holidays and are non -working days: 1. January 1St (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) Page SP 5 of 19 5. July 4t' (Independence Day) 6. First Monday in September (Labor Day) 7. November 11th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 3011 (City Office Closure) 12. December 31 st (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES 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 $1,000. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. Page SP 6 of 19 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 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, dust control, 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 such water. 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready - mixed concrete for public works contracts are subject to prevailing wages. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets 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 7-8.6.2 Best Management Practices (BMPs) 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: Page SP 7 of 19 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 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 14.36.030 of the City's Municipal Code. 7-10 SAFETY 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. 7-10.4 Safety 7-10.4.1 Work Site Safety 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. 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. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. Page SP 8 of 19 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices 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: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules as requested by the Engineer, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for delivering all required notifications and temporary parking permits, posting signs, covering conflicting existing signs, and all costs incurred notifying businesses and residents, providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards, K -rails, temporary striping, and flag persons. This item includes providing four (4) CMS and updating messages on the CMS as requested by the Engineer. This item also includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City requirements. Item No. 3 Edge Grinding: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for grinding the edge of the pavement and scraping excess slurry material on top of the gutter per the Edge Grinding detail on Sheet 8, and all other work items as required to complete the work in place. Contractor shall utilize a smooth grinder to complete this work. Item No. 4 Crack Seal: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for routing out the crack, applying a soil sterilizer, crack sealing of the existing asphalt roadway to be slurry sealed or seal coated with a hot -applied crack sealant (beery 200 product by Crafco or approved equal), 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 1/8" in streets and parking lots. Item No. 5 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, protecting raised pavement markers, providing slurry test report Page SP 9 of 19 only when initial test results do not meet specifications, placing Type I slurry seal, providing multiple passes of street sweeping to clean up raveling sand on all streets, and extra street sweeping passes for high turn areas and in cul-de-sacs and all other work items as required to complete the work in place. Item No. 6 Sealcoat (Asphalt Based): 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, protecting raised pavement markers, providing sealcoat test reports, placing two coats of asphalt based sealcoat, and all other work items as required to complete the work in place. Item No. 7 Signing and Striping: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing pavement striping and markers, removing or relocating street signs and posts, and installing new pavement striping and markings. Work under this item also includes providing an inventory of all existing pavement striping and markings located within the project limits and not included in Appendix A, prior to removal of existing pavement striping and markings. All seal coated parking lots require new ADA signs R99C (CA) and van accessible signs R7-813 where applicable. This bid item also includes installing temporary and permanent pavement striping, markings and markers, installing street signs and posts, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 8 Provide As -Built Plans: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $2,000 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -built drawings. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. Page SP 10 of 19 PART 2 - CONSTRUCTION MATERIALS SECTION 203 — BITUMINOUS MATERIALS 203-5 SLURRY SEAL 203-5.1 General Slurry seal shall be emulsion -aggregate slurry (EAS) conforming to 203-5.4. 203-5.4 Emulsion -Aggregate Slurry (EAS) 203-5.4.1 General Emulsion -aggregate slurry (EAS) shall be Type I-CQS-1 h conforming to 203-3 203-5.4.2 Materials 203-5.4.2.2 Emulsified Asphalt Emulsified asphalt shall be of quick set type. 203-5.4.2.4 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 21/2 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. SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS 214-4.1 General Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized thermoplastic. Page SP 11 of 19 Add Section 214-4.3 — Preformed Green Thermoplastic Markings 214-4.3 Preformed Green Thermoplastic Markings Green background bike lane legends shall consist of preformed thermoplastic markings and be the PreMark product by Ennis -Flint or approved equal. The background/marking shall include the ViziGrip anti-skid treatment. Background shall be EF Bike Lane Green. 214-6 PAVEMENT MARKERS All pavement markers shall comply with Section 85 of the State of California Standard Specifications. 214-6.3 Non -Reflective Pavement Markers 214-6.3.1 General All new non -reflective pavement markers Types A and AY shall be ceramic. 214-6.4 Retroreflective Pavement Markers 214-6.4.1 General All retroreflective pavement markers shall be 3M Series 290 with glass -covered faces, or approved equal. Add Section 215 — TRAFFIC SIGNS SECTION 215 - TRAFFIC SIGNS Signs shall be standard size per the California MUTCD unless otherwise shown. Retroreflective sheeting shall be Type 4 or greater. Sign shall be made of aluminum (0.08 inch thickness). New sign posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge 21/4 inch unistrut (OD) base. Sign mounting hardware and brackets shall be stainless steel. Unless otherwise specified, mounting hardware shall be 5/16"-18. Page SP 12 of 19 PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials 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 found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. SECTION 302 - ROADWAY SURFACING 302-4 SLURRY SEAL SURFACING 302-4.8 Spreading and Application 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, the Contractor shall replace all of the damaged work at the Contractor's expense and no additional compensation shall be made by the City. Page SP 13 of 19 Prior to applying slurry seal, the Contractor shall clean all work surfaces and remove all loose materials, vegetation, oil, and other foreign material. Additionally, all locations with weeds shall be treated by an approved weed -killer before any slurry seal is applied. 302-4.9 Field Sampling and Testing Upon the Engineer's direction, the Contractor shall slurry seal a test section within the construction limits for each slurry seal mix design. The Contractor shall apply the slurry seal test section as directed by the Engineer. No slurry seal shall be applied until the test slurry seal section have been approved the Engineer. Field samples that do not meet the requirements of Table 302-4.9.1 shall be re -tested. The Contractor shall be responsible for all cost associated with the re -testing. Add Section 302-4.12 Rolling of Slurry Sealed Surface 302-4.12 Rolling of Slurry Sealed Surface Contractor shall roll all cul-de-sacs, turning knuckles, street ends and parking stalls with pneumatic (rubber) tire rollers. Pneumatic tire rollers shall conform to Section 302-2.3.5 Add Section 302-4.13 Street Sweeping and Cleanup 302-4.13 Street Sweeping and Cleanup Upon completion of the edge grinding operation, Contractor shall clean all sidewalks, parkways, driveways and gutters. Contractor shall provide street sweeping of all streets to pick up raveling sand. Street sweeping shall occur twice; one week and two weeks after placement of slurry seal. 302-8 SEALCOAT FOR MISCELLANEOUS AREAS. The Contractor shall comply with all sub -sections of this section. SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-2.1 General All existing traffic striping and pavement markings shall be replaced -in-kind unless otherwise shown on the signing and striping plans in Appendix A. For all pavement striping and markings not included in Appendix A, the Contractor shall complete a full inventory of the existing pavement striping and markings prior to removal. Contractor's inventory shall be used for all pavement striping and markings to be replaced -in-kind. Page SP 14 of 19 The Contractor shall remove all existing thermoplastic traffic striping and pavement markings by grinding prior to the application of slurry seal. Other methods such as sandblasting will not be allowed. 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-4.1 General Temporary painted traffic striping and markings shall be lane marking paint applied at 15 mil in one coat, as soon as possible and within 24 hours after the level course, finish course or slurry seal has been placed. The width of the temporary lane line stripes shall be one-half the width of the permanent final stripes. Temporary crosswalks and stop bars stripes shall be full width and shall be placed prior to opening the street to traffic. Tabs and/or "cat -tracking" stripes shall also be placed prior to opening the street to traffic. Tabs and/or "cat -tracking" will not be accepted as temporary striping. Temporary painted striping shall be placed within 24 hours of removal. 314-4.2 Control of Alignment and Layout 314-4.2.1 General 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 proper striping over a weekend or holiday. Stop bars and crosswalks shall not remain unpainted overnight. 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 314-4.4.1 General The final reflectorized thermoplastic striping shall not be applied until the finish course pavement or slurry seal has been in place for at least 10 days but no later than 15 days. The thermoplastic shall be applied at 1.5 mm (60 mil) to 2.0 mm (80 mil) thickness for all striping except crosswalks and limit lines which shall be 2.5 mm (100 mil) to 3.0 mm (120 mil) thickness. Striping shall be applied by extrusion method. Sprayable thermoplastic striping shall not be allowed. 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 Page SP 15 of 19 outside of the work area, he shall re-stripe/replace such work items at no cost to the City. 314-4.4.2 Surface Preparation Primer shall be applied to concrete surfaces prior to application of thermoplastic striping. The primer shall be formulated for the intended application. The concrete surface shall be roughened along the thermoplastic striping. The width of the roughened concrete surface shall match the width of the striping. Add Section 314-4.7 — Application of Preformed Green Thermoplastic Markings 314-4.7 Application of Preformed Green Thermoplastic Markings Install preformed green thermoplastic markings per manufacturer's recommendations. 314-5 PAVEMENT MARKERS 314-5.1 General Raised pavement markers shall not be placed until the finish course pavement or slurry seal has been in place for at least 10 days but not later than 15 days. Add Section 315 — TRAFFIC SIGN INSTALLATION SECTION 315 - TRAFFIC SIGN INSTALLATION Location of traffic signs shown on plans is approximate and shall be approved by the City prior to installation. Signs shall be installed at a clear height of seven feet at minimum unless otherwise shown on plans. Unistrut base shall be installed at a depth of 18 inches in concrete and 30 inches in dirt. Contractor shall USA location prior to installing sign. Anti -seize lubricant shall be applied to hardware/fasteners prior to installation. Refer to CNB DWG 924 for typical sign installation. Signs shall be reinstalled within 72 hours of removal. Regulatory signs, including but not limited to "STOP", "YIELD", Lane Designation and/or "No Parking" signs, shall be installed on barricades and placed where the removed sign was installed. Contractor shall maintain the temporary sign(s) until the sign(s) are reinstalled. Temporary "No Parking" signs, printed with specific information regarding the no parking zone, may temporarily replace removed "No Parking" signs. Page SP 16 of 19 PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-1 GENERAL A minimum of three door hanger notifications are required for this project. The City will provide all door hanger notices. Contactor shall distribute construction notices to residents and businesses within 500 feet of the project, describing the project and indicating the limits of construction. The first notifications are required ten (10) working days prior to starting work (edge grinding, striping removal and crack sealing). The second notifications are required ten (10) working days prior to starting the slurry seal phase of work. The third notifications are required forty-eight (48) hours prior to the start of slurry seal work. The notice shall clearly indicate specific dates in the space provided on the notices when slurry seal operations will start for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re - notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted 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. City "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. Page SP 17 of 19 600-3 PEDESTRIAN ACCESS 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. SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, changeable message signs (CMS), 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. Messages for the CMS shall be updated by the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street or alley 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- 3466 and all affected property owners. 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction at all times when completing the work. Temporary striping may be required and shall be shown on the TCP. 6. The Contractor will be allowed to close one alley or street at a time to complete the work. Work in other alleys and streets can take place if not immediately adjacent to the first area of work and does not cause any other impacts to residents, such as loss of street parking. The Contractor shall Page SP 18 of 19 make special accommodations to provide access for residents with disabilities in the closed alleys and streets. 7. Sidewalk closures in non-residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. 8. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure. 9. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. Page SP 19 of 19 From: Customer Service To: Morgan, Shelby Cc: Iori.alcala(a)ebix.com Subject: Compliance Alert -Vendor Number 8710-1 Date: May 10, 2022 7:54:16 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. 8710-1 American Asphalt South, Inc. Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.