HomeMy WebLinkAboutC-9717-1 - Slurry Seal Program FY24-2510/16/25. 8:09 AM
Batch 20011811 Confirmation
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
II II II III IIIII IIIIIIII III II NO FEE
*$ R 0 0 1 5 8 4 9 6 3 9$
2025000283562 03:46 pm 10/15125
7 RecSup1A N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive,
Newport Beach, California, 92660, as Owner, and American Asphalt South, Inc. of
Riverside, California, as Contractor, entered into a Contract on 04/15/2025. Said Contract
set forth certain improvements, as follows:
Slurry Seal Program FY 2024-25 Contract No. 9717-1
Work on said Contract was completed, and was found to be acceptable on
October 14, 2025, by the City Council. The title to said property is vested in the Owner
and the Surety for said Contract is Interwest Insurance Services, Inc.
BY __---/-2
D Id ebb, Public Works Director
City of Newport Beach
VERIFICATION
1 certify, under penalty of perjury, that the foregoing is -true and correct to the best of my
knowledge.
Executed on S Zd Z PO t Newport Beach, California.
BY
Molly Perry, Interim City Clerk eq.
cfrL RC
https://gs.secure-erds.com/Batch/Confirmation/20011811 1 /3
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive,
Newport Beach, California, 92660, as Owner, and American Asphalt South, Inc. of
Riverside, California, as Contractor, entered into a Contract on 04/15/2025. Said Contract
set forth certain improvements, as follows:
Slurry Seal Program FY 2024-25 Contract No. 9717-1
Work on said Contract was completed, and was found to be acceptable on
October 14, 2025, by the City Council. The title to said property is vested in the Owner
and the Surety for said Contract is Interwest Insurance Services, Inc.
BY
David ebb, Public Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on
t Newport Beach, California.
BY
w�y
Molly Perry, Interim City Clerka`_z�.
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
Before 10:00 AM on the 13th day of March 2025,
at which time such bids shall be opened and read for
SLURRY SEAL PROGRAM FY 2024-25
Contract No. 9717-1
$1,362,000.00
Engineer's Estimate
Approved by
James M. Houlihan
luty PWD/City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
http://www.pianotbids.com/t)ortal/portal-cfm?CompanylD=22078
Contractor License Classification(s) required for this project: "A" or "C-12"
For further information, call Daniel Jordan, Project Manager at (949) 644-3344
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
hfps://www.newportbeachca.pov/-qovernment/data-hub/online-services/bids-rfps-vendor-
reqistration
City of Newport Beach
PROJECT TITLE
SLURRY SEAL PROGRAM FY 2024-25
Contract No. 9717-1
NOTICE INVITING BIDS..........................................................................................Cover
INSTRUCTIONS TO BIDDERS...................................................................................... 3
BIDDER'S BOND............................................................................................................ 6
DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9
TECHNICAL ABILITY AND EXPERIENCE REFERENCES..........................................10
NON -COLLUSION AFFIDAVIT..................................................................... 14
DESIGNATION OF SURETIES...................................................................... 15
CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................16
ACKNOWLEDGEMENT OF ADDENDA.......................................................................18
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 FY 2024-25
Contract No. 9717-1
INSTRUCTIONS TO BIDDERS
1. 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 before the bid opening)
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 confirm 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.
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 cashiers check (sum not less than 10 percent of the total bid price) may
be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing the documents. 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.
4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized
by the Insurance Commissioner to transact business of insurance in the State of California, and
(2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The
successful bidder's security shall be held until the Contract is executed. Original, sealed
copies must be submitted to the City Clerk's Office before the Bid Opening. 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.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
9
6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and figures,
bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated
quantity by unit price, the correct multiplication will be computed and the bids will be compared
with correctly multiplied totals. The City shall not be held responsible for bidder errors and
omissions in the PROPOSAL.
7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at
the request and expense of the Contractor, securities shall be permitted in substitution of
money withheld by the City to ensure performance under the contract. The securities shall
be deposited in a state or federal chartered bank in California, as the escrow agent.
8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the contract. A copy of said determination is available by calling the prevailing wage
hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations.
All parties to the contract shall be governed by all provisions of the California Labor Code —
including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981
inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of
the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts
Code, "Subletting and Subcontracting Fair Practices Act".
10. 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
4
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
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.
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Contractor's License No. & Classification Authdrizff Signature/Title
71
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_/aIW��� o�l"Vll ? l
DIR Registration Number & Expiration Date
Illeliao t�v
Bidder
5
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Date
City of Newport Beach
SLURRY SEAL PROGRAM FY 2024-25
Contract No. 9717-1
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 ($ t 0% 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 the Slurry
Seal Program FY 2024-25, Contract No. 9717-1 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 26th day of February , 2025.
American Asphalt South, Inc.
Name of Contractor (Principal)
Everest National Insurance Company
Name of Surety
100 Everest Way, Warren Corporate Center, Warren, NJ 07059
Address of Surety
908-604-3000
Telephone
-PAuthorized Signature/Title
p "
Authorized Agent Signature
John Weber, Attorney -In -Fact
Print Name and Title
(Notary acknowledgment of Principal & SUretV must be attached)
L
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 (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 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
N,
(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
valid of that document.
State of California
County of Riverside )
On March 10, 2025
before me, Rosa Maria Arteaga- Notary
(insert name and title of the officer)
personally appeared Tim Griffin
who proved to me
on the basis of satisfactory evidence to be the person(e) whose name(s) is subscribed to the within
instrument and acknowledged to me that he executed the same in hisauthorized capacity(+es), and
that by his'4 ' signature(s) on the instrument the person(e), 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.
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ROSPA MARIA ARTEAGA S
WITNESS my hand and official seal. ? COMM #2372221
I: NOTARYPUOUC • CAUFORNIA
SAN SERNARDINO COUNTY e
My CoimdaeVon E kwAQW M =5 �
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nature
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 Sacramento ) ss.
On February 26 20 25 before me, Kathleen Le
Notary Public, personally appeared John weber
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.
n 1� KATHLEEN LE it
WITNESS my hand and official seal. M COMM. # 2380925 n
ti NOTARY PUBLIC CALIFORNIA
COUNTY OF SACRAMENTO w
�'7>s Comm Expires OCT 31. 2025
Signature (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)
Capacity(ies) claimed by Signer(s):
Trustee
Power of Attorney
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
7
Thumbprint of Signer
■❑
Check here if
no thumbprint
or fingerprint
is available.
h, everest"
POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY and EVEREST NATIONAL INSURANCE COMPANY
KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company and Everest National Insurance Company, corporations of the State of Delaware
("Company') having their principal offices located at Warren Corporate Center, 100 Everest Way, Warren, New Jersey, 07059, do hereby nominate, constitute, and appoint:
Elizabeth Collodi, John Hopkins, John Weber, Joseph H. Weber, Renee Ramsey, Sara Walliser, Mindy Whitehouse,
Jennifer Lakmann, Deanna Quintero, Bill Rapp, Jason March, Matthew Foster, Tony Clark, Samantha Watkins, Phil Watkins, Brad Espinosa, Paula Senna,
Pam Say, Breanna Boatright Kathleen Le, Sharon Smith, Cassandra Medina
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-fad 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
April 21, 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President 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 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 and Everest National Insurance Company have caused their corporate seals to be affixed hereto, and these presents
to be signed by their duly authorized officers this 101" day of October 2023
ura
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Everest Reinsurance Company and Everest National Insurance Company
' ORPO�l�. O
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1973 J d
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-.ORAWAO
By: Anthony Romano, Senior Vice President
On this 221d of March 2023, 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 of Now York — r
No GIR06239736
Qualified in Queens County I r
Term Expires April 26, 2027
Linda Robins, Notary Public
I, Sylvia Semerdjian, Assistant Secretary of Everest Reinsurance Company and Everest National Insurance Company do hereby certify that I have compared the foregoing copy
of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney, with the ORIGINALS
ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power
of Attorney has not been revoked and is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, this 26th day of February 2025 .
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By: Sylvia Semerdjian, Assistant Secretary
ES 00 01 04 16
City of Newport Beach
SLURRY SEAL PROGRAM FY 2024-25
Contract No. 9717-1
DESIGNATION OF SUBCONTRACTOR(S) - AFFIDAVIT
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 Contractors total bid. If a subcontractor is not listed, the Contractor represents that
he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of
subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public
Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any
monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the 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
9
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t
ure/Title
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City of Newport Beach
SLURRY SEAL PROGRAM FY 2024-25
Contract No. 9717-1
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidder's Name ZIAM-1—cern � � Jd%�� �•%t! _
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 �a�®� f
Project Name/Number
Project Description Xzw& crack
Approximate Construction Dates: From ����� To:
Agency Name
4
� ✓ Contact Person /%f%IiYO Az�,owl_l _ Telephone (//v)
Original Contract Amount $Rf�OWFinal Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
44V &W 1)717s Z?/ &qe
�iihel` hRo acZg /IG� Wly
1� ell
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.
'&/ zlf
10
Project Name/Number 5/Mfi /"►`ta.ferYq10y2 - �IGUi
Project Description �f(�QQi►"l Cr'�C�//�� ��r`y/� r�fl flijJiY7�
Approximate Construction Dates: From —To:
Agency Name 61�// eiz A
Contact Person / %6,f eI4CC
Telephone (i?M ✓�.3%t ✓!��
Original Contract Amount $ 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.
AT
Project Name/Number o�/�xr/%o� L�/.� y/`j9c ✓e`� �;�,�
Project Description Cl ��, i•(`�7 �cgt/`YI�j, f%,y f.�f
Approximate Construction Dates: From i j To:
Agency Name
Contact Person Telephone 0) 0/";-,
Original Contract Amount '$ Final Contract Amount $ / , •
If final amount is different from original, please explain (change orders, extra work, etc.)
fi4/
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
11
No. 4
Project Name/Number
Project Description
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Approximate Construction Dates: From/ To:
Agency Name L 4 Sd4G
Contact Person ��/� Telephone p/�) ';Pg9-.�ZZV
Original Contract Amount Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
r- ,4/�wryl dlar-�
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.
16y. s//O
No j
Proect Name/Number c r
e
Project Description Crc� ✓c/vr•Y _!C-a
Approximate Construction Dates: From
Agency Name
Contact Person � �� Telephone (,W) W0-'-Ay
9s/Aa
Original Contract Amount Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Yle
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.
lli�jU. 10/0.
12
No. 6
Project Name/Number
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Project Description cme; SyZ S
Approximate Construction Dates: From To
Agency Name 6-11 0
Contact Person 6;111 1 4wY-, v11V
Telephone (�✓)
Original Contract Amount $ Rdyaye�inal Contract Amount $ �d✓✓���
If final amount is different from original, please explain (change orders, extra work, etc.)
a4g�Wf yfV dM4t- a
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on -site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the Contractor's current financial
conditions.
�l�r�4►� off �i�� �►�c_
Bidder
13
Autho ' ignature/Tit�
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: DAVID DARR
EXPERIENCE: AMERICAN ASPHALT FROM 2008-PRESENT WORKING AS A TRAFFIC
CONTRAL MAN, SQUEEGEEMAN, SHUTTLEMAN, LINE DRIVER,
PROJECT SUPERVISOR & PRODUCTION MANAGER.
PROJECT MANAGER: TYLER SKENDER
EXPERIENCE: AMERICAN ASPHALT SOUTH FROM 2008-•PRESENT WORDING AS TRAFFIC
CONTROLPERSON ESTIMATOR AND PROJECT MANAGER.
PROJECT SUPERVISOR: JULIO RUIZ
EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 1998-PRESENT
PROJECT SUPERVISOR: JOSE SAUNAS
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: ENRIQUE ROSALES
EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2006 TO PRESENT
MIXER -OPERATOR: JAIME SAUNAS
EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2004-PRESENT
MIXER -OPERATOR: EDUARDO DESANTIAGO-MUNOZ
EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 1999-PRESENT
MIXER -OPERATOR: CODY BRATTON
EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2015-PRESENT
MIXER -OPERATOR: OMAR PEREZ AYON
EXPERIENCE: Z _OER1CAN ASPHALT SOUTH, INC. FROM 2017-PRESENT ;_ .'. ,;;Y, 'r;.•
City of Newport Beach
SLURRY SEAL PROGRAM FY 2024-25
Contract No. 9717-1
NON -COLLUSION AFFIDAVIT
State of California
11 ) ss.
Countyof ers i de )
7f n► Gn�{,n being first duly,sv�orn, de odes and says that he or she is
Y' cc % en of IMnW `f the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that parry
making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation-, that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else
to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly
or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder
or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,
—or to secure any advantage-against-the-public-body-awarding-the-contract-of-anyone-interested-iri-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.
1 declare under
�penalty
%offf p/eedjury of the laws of the State of California that the foregoing is true and correct.
4�yk e fif/!F�// ✓GUlh �I%l ' /, •'% k1i C�c 145, E n
Bidder AueorEgd Signature/Title
Subscribed and sworn to (oraffirmed)before me on this 1 O day of , 2025
by �� w. Y , t ; -A proved to me on the basis of
satisfactory evidence to be the person(s) who appeared before me.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
eu
Notary Public
01
re:errrrrrrrererre erne urrrrreeeu Tara►
a
f.ROSA MARIA ARTEAGA
[SEAL] U% COMM #2372221 3
NOTARY PUBLIC - CALIFORNIA n My Commission Expires: 2� Z ZS.
+ SAN BERNARDINO COUNTY
► � My ConmfsSiOn ExpnM Aup,pt 25, 2025 +•rwrarrrarrrrarrrrrerrrrrwreeerr:rerrri
14
City of Newport Beach
SLURRY SEAL PROGRAM FY 2024-25
Contract No. 9717-1
DESIGNATION OF SURETIES
Bidder's name ll `weGan ✓�J,�� /?" ✓421/��
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):
.fee 17�l&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 NATIONAL INSURANCE COMPANY
100 EVEREST WAY, WARREN CORPORATE CENTER
WARREN, NJ 07059
(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
SLURRY SEAL PROGRAM FY 2024-25
Contract No. 9717-1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name /fii�°hQ?,rI 411 SlIZ-411-
Record Last Five (5) Full Years
Current Year of Record
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2024
2023
2022
2021
2020
Total
2025
No. of contracts
/,�Q
xg
//�
iJy
yD
_4w
Total dollar
-Amount 1
lox -
I O—
qw
�//1*so
ems—
faro
Contracts (in
Thousands of $
No. of fatalities
0
0
0
0
0
O
No. of lost
Workday Cases
a
%
Q
Q
Q
No. of lost
workday cases
involving
permanent
transfer to
Q
0
C%
0
O
d
another job or
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.
16
Legal Business Name of Bidder
Business Address:
Business Tel. No.:
State Contractor's License No. and
Classification:
Entity Type:.
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 ATTACHED]
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 Riverside
On March 10, 2025
before me, Rosa Maria Arteaga- Notary
(insert name and title of the officer)
personally appeared Tim Griffin and Tyler Skender
, 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 ire/they executed the same in #+s�/their
authorized capacity(ies), and that by #is#ief/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.
nature
+rrrawrrwa•rrr♦:wrarrarawawraaasaaaaaaa
�ROSA MARIA ARTFAGA;
r COMM #2372221
NOTARY PUBLIC - CAUFORNIA j
r
SAN BERNAR0I149 COUNTY
itwar•rieaar�iyrwar�aan��wrE�e'ira��ii �ra�it=
City of Newport Beach
SLURRY SEAL PROGRAM FY 2024-25
Contract No. 9717-1
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name A�t?4411
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
Addendum No. Date Received Signature
18
City of Newport Beach
SLURRY SEAL PROGRAM FY 2024-25
Contract No. 9717-1
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:
Business Address: 10�1� ezerf
Telephone and Fax Number: (r1�9��f�(r�y°°��7 _
California State Contractor's License No. and Class: ��y���
(REQUIRED AT TIME OF AWARD) 76
Original Date Issued: Df1.fJ�1' Expiration Date:_ _4am �
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 /%� Tiittle Address Telephone,IV/ e141W
%if- fear"
Corporation organized under the laws of the State of
19
The dates of any voluntary or involuntary bankruptcy judgments against any principal
havinganinterest in this proposal are as follows:
N/W
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows:
/)/W
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;
.114relle __
Briefly summarize the parties' claims and defenses;
Ve A4-clw
Have you ever had a contract terminated by the owner/agency? If so, explain.
/v6.
Have you�ever failed to complete a project? If so, explain.
For any projects you have been involved with in the last 5 years, did you have any claims
or actions by any outside agency or individual for labor compliance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes (P
20
ATKINSON, ANDELSON, LOYA, RUUD & ROMO
A PROFESSIONAL LAW CORPORATION
CERRITOS
ATTORNEYS AT LAW
tLLEASAPIION_
1925)227-9200
J5621653-3200
FRESNO
20 PACIFICA, SUITE 1 100
RIVERSIDE
(5591 225-6700
IRVINE, CALIFORNIA 9261B-3371
(951) 683-1122
(949) 453-4260
SACRAMENTO
MARIN
(6281 234-6200
1916) 923-1200
FAX (949) 453-4262
SAN DIEGO
PASADENA
WWW.AALRR.COM
IBSB) 485-9526
(626) 583-8600
OUR FILE NUMBER-
SOgle@aalrr.com
008905.00027
(949) 536-2225
34210196.1
August 23, 2021
VIA FIRST CLASS MAIL
To Whom It May Concern
Public Works Department
Re: Dismissal of City of San Diego Action for Debarment
To Whom It Nlay'Czincerh:__ ` 1
Our office represents American Asphalt South, Inc. in connection with the Accusation in Action
for Debarment filed 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 rind 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 /6a)
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.
e-rr- Per _
(Print name of Owner or President
of Cor oration/Companyy)
/lay 6�r�G��q
Mer,c un AA, 0 Sou4h, ZAc. AW V�
Bidder Au o i Signature/Title
V;ce. Pr-e en t
Title
Date
On NI 10 20 a5 before me, 1C 5c, M&Y,� A,r I«c,a , Notary Public, personally appeared
Cam., '�/ho proved to me on the basis of
satisfactory evidence to be the person(,S) whose name($) is/an subscribed to the within instrument and
acknowledged to me that he/shaf Vy executed the same in his/herd-eir authorized capacity(aes), and that
by his/bara#teir signature(o) on the instrument the person(z), or the entity upon behalf of which the person(o)
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.
(SEAL)
Notary Public in and for said Stat
lftffRR}fffffif►lfffgffw }}tfffff ffwlw It
A. " % �ROSA MARIA ARTEAGA
A.
� COMM #2372221 N
My Commission Expires: „ti ,� S a o �S NOTARY PUBLIC • CALIFORNIA n
f SAN BERNARDINO COUNTY
i�my Conmmslon Expwaa August 25, 2025
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21
City of Newport Beach
SLURRY SEAL PROGRAM FY 2024-25
Contract No. 9717-1
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the
"Notification of Award" to the successful bidder:
• CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
The City of Newport Beach will not permit a substitute format for these Contract Documents.
Bidders are advised to review their content with bonding, insuring and legal agents prior to
submission of bid. Original Certificate(s) of Insurance, General Liability Insurance
Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required
by the Contract documents and delivered to the Public Works Department within ten (10)
working days after the date shown on the Notification of Award to the successful bidder.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an acceptable surety in the
latest revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided
as specified in the Standard Specifications for Public Works Construction, except as modified by the
Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the
insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed
will not be issued until all contract documents have been received and approved by the City.
22
SLURRY SEAL PROGRAM FY 2024-25
CONTRACT NO. 9717-1
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 15th day
of April, 2025 ("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 2990 Myers Street,
Riverside, CA 92503, 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 its Slurry Seal Program FY 2024-2025 including the
following described public work: distributing door hanger notifications, placing "no
parking" signs and setting up traffic control, spraying weeds with herbicide, crack
sealing, removing striping, slurry sealing, sealcoating, temporary striping, applying
final thermoplastic striping, installing traffic markings, markers, and rumble bars,
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. 9717-1, 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 One Million One Hundred Seventy Six Thousand One
Hundred Ninety Seven Dollars and 00/100 ($1,176,197.00).
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 Tyler Skender 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
Newport Beach, CA 92660
7.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: Allan Henderson
American Asphalt South, Inc
PO BOX 7427
Riverside, CA 92513
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
14.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the Work
contemplated under the Contract shall be paid to all workmen employed on the Work to be
done according to the Contract by the Contractor and any subcontractor. 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. The Contractor is required to obtain the wage determinations from the
Department of Industrial Relations and post at the job site the prevailing rate or per diem
wages. It shall be the obligation of the Contractor or any subcontractor under him/her to
comply with all State of California labor laws, rules and regulations, and the parties agree
that the City shall not be liable for any violation thereof.
14.2 If both the Davis -Bacon Act and State of California prevailing wage laws apply
and the federal and state prevailing rate of per diem wages differ, Contractor and
subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem
wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport Beach,
California 92660, and are available to any interested party on request.
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
American Asphalt South, Inc. Page 5
Documents. Contractor shall be fully responsible to City for all acts and omissions of any
subcontractors. Nothing in this Contract shall create any contractual relationship between
City and subcontractor, nor shall it create any obligation on the part of City to pay or to
see to the payment of any monies due to any such subcontractor other than as otherwise
required by law. City is an intended beneficiary of any Work performed by the
subcontractor for purposes of establishing a duty of care between the subcontractor and
City. Except as specifically authorized herein, the Work to be performed under this
Contract shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City.
16. RESPONSIBILITY FOR DAMAGES OR INJURY
16.1 City and its elected or appointed officers, agents, officials, employees and
volunteers shall not be responsible in any manner for any loss or damage to any of the
materials or other things used or employed in performing the Project or for injury to or
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
American Asphalt South, Inc. Page 6
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Contractor.
16.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Project Work.
16.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
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.
American Asphalt South, Inc. Page 7
19. TERMINATION
19.1 In the event that either party fails or refuses to perform any of the provisions
of this Contract at the time and in the manner required, that party shall be deemed in
default in the performance of this Contract. If such default is not cured within a period of
two (2) calendar days, or if more than two (2) calendar days are reasonably required to
cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non -defaulting party may terminate the Contract forthwith by giving to the defaulting party
written notice thereof.
19.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract at any time by giving seven (7)
calendar days' prior written notice to Contractor. In the event of termination under this
Section, City shall pay Contractor for Services satisfactorily performed and costs incurred
up to the effective date of termination for which Contractor has not been previously paid.
On the effective date of termination, Contractor shall deliver to City all materials
purchased in performance of this Contract.
20. STANDARD PROVISIONS
20.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Contract.
20.2 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator.
20.3 Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
20.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
20.5 Interpretation. The terms of this Contract shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of the Contract or any other rule of construction which
might otherwise apply.
American Asphalt South, Inc. Page 8
20.6 Amendments. This Contract may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City
Attorney.
20.7 Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
20.8 Controlling Law and Venue. The laws of the State of California shall govern
this Contract and all matters relating to it and any action brought relating to this Contract
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
20.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
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:�/,o! os',
By:
n C. Harp
Cft Attorney
ATTEST:
Date: 9 /I (0/20 2.5
By:
.Fof Leil ni 0 Brown
City Clerk
SEW PpR�. ,
�k
U T
c
CITY OF NEWPORT BEACH,
a Californi municipal corporation
Date: y�IUIa
By: V
Joe S apleVon
Mav
CONTRACTOR: AMERICAN ASPHALT
SOUTH, INC., a California corporation
Date:
Signed in Counterpart
By:
Tim Griffin
Vice President
Date:
Signed in Counterpart
Bv.
Tyler Skender
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: 3/,z)i,9,
--r—r
By:A4'j'-(6
n C. Harp
Cn Attorney
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Joe Stapleton
Mayor
ATTEST: CONTRACTOR: AMERICAN ASPHALT
Date: SOUTH ., a California corporation
Date: 2f
By: BY: z4zi
Leilani I. Brown Tim (rein
City Clerk Vice President
Date:4l 2 Sr
By: _
Tyl ender
creta ry
[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 is included in the Performance bond and is subject to adjustments based on final contract price
EXHIBIT A
Issued in Duplicate Original
CITY OF NEWPORT BEACH
BOND NO. ES00021193
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
distributing door hanger notifications, placing "no parking" signs and setting up traffic
control, spraying weeds with herbicide, crack sealing, removing striping, slurry sealing,
sealcoating, temporary striping, applying final thermoplastic striping, installing traffic
markings, markers, and rumble bars, 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 National Insurance Comoanv
duly authorized to
transact business under the laws of the State of California, as Surety, (referred to herein
as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One
Million One Hundred Seventy Six Thousand One Hundred Ninety Seven Dollars
($1,176,197.00) 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 25th day of March 20 25
American Asphalt South, Inc.
Name of Contractor (Principal)
Everest National Insurance 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: y/ /S5-
By:
a n C. Harp
Ci y Attorney
7 AZ
thorized Signature/Title
Authorized Aga atureAttorney-In-Fact
Sharon Smith, Attorney -In -Fact
Print Name and Title
(Corporate Seal)
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 Riverside
On March 27, 2025 before me,
personally appeared Jeff Petty
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(s) is subscribed to the within
instrument and acknowledged to me that he executed the same in hisauthorized capacity(+es), and
that by his'"^-r signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(e) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Siqnature fti'p sc-L- / .ti 464 ag& (Seal
#**iRRr#Rf**##RRRR###rRr Rr+rrrfrfrrRrRR
ROSA MARIA ARTEAGA:
N = COMM #2372221
NOTARY PUBLIC - CALIFORNIA
* f SAN BERNARDINO COUNTY i
My Commission Expires AtgtM 25, 2025
##rrRa+rrrrrrrr•rrr►rrrrrrrrrr+rr+rrrr•
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 Sacramento } ss.
On March 25 20 25 before me, Kathleen Le
Notary Public, personally appeared Sharon Smith
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.
KATHLEEN LE
WITNESS my hand and official seal. y COMM. 2380925
p� • "'� NOTARY PUBLIC CALIFORNIA
Q COUNTY OFSACRAMENTO w
IComm. Expues OCT 31. 2025
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
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.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
American Asphalt South, Inc. Page A-3
& everest
POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY and EVEREST NATIONAL INSURANCE COMPANY
KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company and Everest National Insurance Company, corporations of the State of Delaware
("Company") having their principal offices located at Warren Corporate Center, 100 Everest Way, Warren, New Jersey, 07059, do hereby nominate, constitute, and appoint:
Elizabeth Collodi, John Hopkins, John Weber, Joseph H. Weber, Renee Ramsey, Sara Walliser, Mindy Whitehouse,
Jennifer Lakmann, Deanna Quintero, Bill Rapp, Jason March, Matthew Foster, Tony Clark, Samantha Watkins, Phil Watkins, Brad Espinosa, Paula Senna,
Pam Sey, Breanna Boatright Kathleen Le, Sharon Smith, Cassandra Medina
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
April 21, 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President 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 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 and Everest National Insurance Company have caused their corporate seals to be affixed hereto, and these presents
to be signed by their duly authorized officers this 1011 day of October 2023.
JAL
Ot�o��Everest Reinsurance Company and Everest National Insurance Company
'>; r SEAL 1985
�``..'FCAwf3 '�Qra w
By: Anthony Romano, Senior Vice President
On this 22n1 of March 2023, 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 of New York
No 01R06239736
JJ
Qualified in Queens County
y7�P�
Term Expires April 26, 2027
Linda Robins, Notary Public
I, Sylvia Semerdjian, Assistant Secretary of Everest Reinsurance Company and Everest National Insurance Company do hereby certify that I have compared the foregoing copy
of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney, with the ORIGINALS
ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power
of Attorney has not been revoked and is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, this 25th day of March 2025 .
C�"A
urao1nsu,o z�oavortgr� ISEAL C
1985
* tiJ By: Sylvia Semerdjian, Assistant Secretary
ES 00 01 04 16
EXHIBIT B
Issued in Duplicate Original
CITY OF NEWPORT BEACH
BOND NO. ES00021193
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Newport Beach, (hereinafter referred to as "City")
has awarded to American Asphalt South, Inc., (hereinafter referred to as the "Contractor")
an agreement for: distributing door hanger notifications, placing "no parking" signs and
setting up traffic control, spraying weeds with herbicide, crack sealing, removing striping,
slurry sealing, sealcoating, temporary striping, applying final thermoplastic striping,
installing traffic markings, markers, and rumble bars, installing new signs, and street
sweeping (hereinafter referred to as the "Project").
WHEREAS, the work to be performed by the Contractor is more particularly set
forth in the Contract Documents for the Project dated April 15, 2025, (hereinafter referred
to as "Contract Documents"), the terms and conditions of which are expressly
incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the
terms thereof and to furnish a bond for the faithful performance of said Contract
Documents.
NOW, THEREFORE, we, the undersigned Contractor and
Everest National Insurance Company as Surety, a corporation
organized and duly authorized to transact business under the laws of the State of
California, are held and firmly bound unto the City in the sum of One Million One Hundred
Seventy Six Thousand One Hundred Ninety Seven Dollars ($1,176,197.00), said sum
being not less than one hundred percent (100%) of the total amount of the Contract, for
which amount well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, their or
its heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the 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 their intent and meaning; and shall faithfully fulfill all obligations
including the one (1) year guarantee of all materials and workmanship; and shall
indemnify and save harmless the City, their respective officials, officers, employees, and
authorized volunteers, as stipulated in said Contract Documents, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses and fees
including reasonable attorney's fees, incurred by City in enforcing such obligation.
American Asphalt South, Inc. Page B-1
As a condition precedent to the satisfactory completion of the Contract Documents,
unless otherwise provided for in the Contract Documents, the above obligation shall hold
good for a period of one (1) year after the acceptance of the work by City, during which
time if Contractor shall fail to make full, complete, and satisfactory repair and
replacements and totally protect the City from loss or damage resulting from or caused
by defective materials or faulty workmanship. The obligations of Surety hereunder shall
continue so long as any obligation of Contractor remains. Nothing herein shall limit the
City's rights or the Contractor or Surety's obligations under the Contract, law or equity,
including, but not limited to, California Code of Civil Procedure Section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under
the Contract Documents, the Surety shall remedy the default pursuant to the Contract
Documents, or shall promptly, at the City's option:
Take over and complete the Project in accordance with all terms and
conditions in the Contract Documents; or
Obtain a bid or bids for completing the Project in accordance with all terms
and conditions in the Contract Documents and upon determination by
Surety of the lowest responsive and responsible bidder, arrange for a
Contract between such bidder, the Surety and the City, and make available
as work progresses sufficient funds to pay the cost of completion of the
Project, less the balance of the contract price, including other costs and
damages for which Surety may be liable. The term "balance of the contract
price" as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less
any amount previously paid by the City to the Contractor and any other set
offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with
California law and make available as work progresses sufficient funds to
pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable.
The term "balance of the contract price" as used in this paragraph shall
mean the total amount payable to Contractor by the City under the Contract
and any modification thereto, less any amount previously paid by the City
to the Contractor and any other set offs pursuant to the Contract
Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor
which may be proposed by Surety in fulfillment of its obligations in the event of default by
the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept
a bid from Contractor for completion of the Project if the City, when declaring the
Contractor in default, notifies Surety of the City's objection to Contractor's further
participation in the completion of the Project.
American Asphalt South, Inc. Page B-2
The Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the Contract Documents or to the Project 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, alteration or addition to the
terms of the Contract Documents or to the Project.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 25th day of March ,2025
American Asphalt South, Inc.6;0� JifName of of Contractor (Principal) Otoorized Signature/Title
Everest National Insurance Company
Name of Surety
100 Everest Way, Warren Corporate Center, Warren, NJ 07059
Address of Surety
908-604-3000
Telephone
(Attach Attorney -in -Fact Certificate)
Attorney -in -Fact
Sharon Smith, Attorney -in -Fact
Print Name and Title
(Corporate Seal)
The rate of premium on this bond is $7.00/$7.00/$5.00 per thousand. The total amount of
premium charges is $ 6,881.00
(The above must be filled in by corporate attorney.)
Premium is for contract term and is Subject to Adjustments Based on Final Contract Amount
Any claims under this bond may be addressed to:
(Name and Address of Surety or ATTN: Claims
Agent for Service in California) 100 Everest Way, Warren Corporate Center
Warren NJ 07059
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: q <"
M
A,qMon C. Harp
City Attorney
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
American Asphalt South, Inc. Page B-3
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 Riverside
On March 27, 2025
before me,
personally appeared Jeff Petty
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(s) is subscribed to the within
instrument and acknowledged to me that he executed the same in hisauthorized capacity(+es), and
that by his'"e�em signature(s) on the instrument the person(&), 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.
Siqnature Kra -Kd (Seal
*++++www++++++w+w*wwwrwrwwr+rrrwrrrrrww
ROSA MARIA ARTEAGA:
COMM #23 2221
CALIFORNIA
� . J NOTARY PUBLIC - CALIFORNIA
+ \ SAN BERNARDINO COUNTY -+
*+ .. ..... j �My Commresm Expires AL9M 25, 2025 k
++++wawwrwwrwww+wwwwrwwrwrwwrrrrwrwwrwr
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 Sacramento } ss.
On March 25 2025 before me, Kathleen Le
Notary Public, personally appeared Sharon Smith
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.
. KA7HLEEN LE
WITNESS m hand and official seal. "' NOTARY
P � 2380925 D
Y � v aO{� NOTARY PUBLIC CALIFORNIA �
< COUNTY OF SACRAMENTO w
Comm. Expires OCT 31, 2025
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
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)
American Asphalt South, Inc. Page B-4
&everest
POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY and EVEREST NATIONAL INSURANCE COMPANY
KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company and Everest National Insurance Company, corporations of the State of Delaware
("Company") having their principal offices located at Warren Corporate Center, 100 Everest Way, Warren, New Jersey, 07059, do hereby nominate, constitute, and appoint:
Elizabeth Collodi, John Hopkins, John Weber, Joseph H. Weber, Renee Ramsey, Sara Walliser, Mindy Whitehouse,
Jennifer Lakmann, Deanna Quintero, Bill Rapp, Jason March, Matthew Foster, Tony Clark, Samantha Watkins, Phil Watkins, Brad Espinosa, Paula Senna,
Pam Say, Breanna Boatright, Kathleen Le, Sharon Smith, Cassandra Medina
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
April 21, 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President 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 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 and Everest National Insurance Company have caused their corporate seals to be affixed hereto, and these presents
to be signed by their duly authorized officers this 1011 day of October 2023.
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I SEAL SEAL o
�1973 vt `. 1985 • 3
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Everest Reinsurance Company and Everest National Insurance Company
By: Anthony Romano, Senior Vice President
On this 22nd of March 2023, 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 of New York
No 01RO623973G
Qualified in Queens County ✓
Term Expires April 25, 2027
Linda Robins, Notary Public
I, Sylvia Semerdjian, Assistant Secretary of Everest Reinsurance Company and Everest National Insurance Company do hereby certify that I have compared the foregoing copy
of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney, with the ORIGINALS
ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power
of Attorney has not been revoked and is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, this 25th day of March 2025 .
urancP oa tnsu,a .cam
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11973 S 1985
By: Sylvia Semerdjian, Assistant Secretary
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. 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 City
Council, boards and commissions, officers, agents, volunteers and
employees. Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its City
Council, boards and commissions, officers, agents, volunteers and
employees.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary excess/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 two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) general aggregate and four
million dollars ($4,000,000) completed operations aggregate. The policy
shall cover liability arising from bodily injury, property damage, products -
completed operations, personal and advertising injury, and liability assumed
under an insured contract (including the tort liability of another assumed in
a business contract).
American Asphalt South, Inc. Page C-1
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 five million dollars ($5,000,000)
combined single limit for each accident.
D. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract, then
said policies shall be "following form" of the underlying policy coverage,
terms, conditions, and provisions and shall meet all of the insurance
requirements stated in this contract, including, but not limited to, the
additional insured and primary & non-contributory insurance requirements
stated herein. No insurance policies maintained by the City, whether
primary or excess, and which also apply to a loss covered hereunder, shall
be called upon to contribute to a loss until the Contractor's primary and
excess/umbrella liability policies are exhausted.
E. Pollution Liabilitv Insurance. Contractor shall maintain a policy providing
contractor's pollution liability ("CPL") coverage with a total limit of liability of
no less than $5,000,000 per loss and $5,000,000 in the aggregate per policy
period. Claims -made policies require a 10-year extended reporting period.
The CPL policy shall include coverage for cleanup costs, third -party bodily
injury and property damage, including loss of use of damaged property or
of property that has not been physically injured or destroyed, resulting from
pollution conditions caused by contracting operations. Coverage as
required in this paragraph shall apply to sudden and non -sudden pollution
conditions resulting from the escape or release of smoke, vapors, fumes,
acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other
irritants, contaminants, or pollutants. The CPL shall also provide coverage
for transportation and off -Site disposal of materials. The policy shall not
contain any provision or exclusion (including any so-called "insured versus
insured" exclusion or "cross -liability" exclusion) the effect of which would be
to prevent, bar, or otherwise preclude any insured or additional insured
under the policy from making a claim which would otherwise be covered by
such policy on the grounds that the claim is brought by an insured or
additional insured against an insured or additional insured under the policy.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees, or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
American Asphalt South, Inc. Page C-2
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/umbrella liability, pollution
liability, and automobile liability, if required, shall provide or be endorsed to
provide that City, its City Council, boards and commissions, officers, agents,
volunteers and employees 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 City Council, boards and commissions, officers, agents, volunteers
and employees. 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
(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
American Asphalt South, Inc. Page C-3
during the term of the Contract to change the amounts and types of
insurance required by giving Contractor ninety (90) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage, subcontractors
shall provide coverage with a format at least as broad as CG 20 38 04 13.
D. Enforcement of Contract Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of City to inform Contractor of
non-compliance with any requirement imposes no additional obligations on
City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Exhibit A are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally
provided by any insurance. Specific reference to a given coverage feature
is for purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available proceeds in excess of specified minimum limits of insurance and
coverage shall be available to the City.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any
self -insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self -insure its
obligations to City. If Contractor's existing coverage includes a 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
American Asphalt South, Inc. Page C-4
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.
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
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City of Newport Beach
SLURRY SEAL PROGRAM FY 2024-25
Contract No. 9717-1
(Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids.
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. 9717-1 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:
3��ILS
Date
Bidder's Telephone and Fax Numbers
Bidder's License No(s).
and Classification(s)
DIR Registration Number
�!C'/�llrti /�1Jj^�i�?��✓G�ia'l,�.l�i�,r
Bidder /,
Y EGG �i2'✓.i�c'r��`
Kid6gr'g'Authorized Signature and Title
Bidder's Address
Bidder's email address: aoynenaaszi(vAsooA .cvn-) _
PR-1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
SLURRY SEAL PROGRAM FY 2024-25
PROJECT NO. 25R04
CONTRACT NO. 9717-1
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
2
2
2
2
2
2
2
3
3
3
3
3
3
3
3
3
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
7-1.2 Temporary Utility Services
7
7
7
7-2 LABOR
7
7-2.2 Prevailing Wages
7
7-8 WORK SITE MAINTENANCE
7
7-8.1 General
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
8
7-8.6.2 Best Management Practices (BMPs)
8
7-10 SAFETY
8
7-10.4 Safety
8
7-10.4.1 Work Site Safety
8
7-10.5 Security and Protective Devices
9
7-10.5.3 Steel Plate Covers
9
SECTION 9 - MEASUREMENT AND PAYMENT
9
9-2 LUMP SUM WORK
9
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
11
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
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
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SECTION 601— WORK AREA TRAFFIC CONTROL
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601-1 GENERAL
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601-2 TRAFFIC CONTROL PLAN (TCP)
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CITY OF NEWPORT BEACH ti�ti A• �o
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS Ems. 06-3®325)
SLURRY SEAL PROGRAM FY 2024-25
PROJECT NO. 25R04
CONTRACT NO. 9717-1
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Plans (Drawing No. R-7046-L and T-6084-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:
https://www.newportbeachca.gov/government/departments/pubIic-
wo rks/res o u rce s/sta n d a rd-d raw i n g s
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
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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 the following:
• Distributing door hanger notifications
• Placing "No Parking" signs and setting up traffic control
• Spraying weeds with herbicide
• Crack sealing
• Removing striping
• Slurry sealing
• Sealcoating
• Temporary striping
• Applying final thermoplastic striping
• Installing traffic markings, markers, and rumble bars
• Installing new signs
• Street sweeping
2-9 SURVEYING
2-9.1 Permanent Survey Markers
The Contractor shall protect all survey monuments during construction operations. In
the event that existing survey monuments are removed or otherwise disturbed during
the course of work, the Contractor shall restore the affected survey monuments at his
sole expense. The Contractor's Licensed Surveyor shall file the required Corner Record
or Record of Survey with the County Surveyor upon monument restoration.
Existing street centerline ties and property corner monuments are to be preserved. The
Contractor shall be responsible for the cost of restoring all survey ties and/or
monuments damaged by the Work.
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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
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
Page SP3of19
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.
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 (5) 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
Page SP 4 of 19
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. 2-week look -ahead schedules
shall be submitted to the Engineer at least one week prior to the date of the first work on
the schedule.
Special Scheduling Near Schools
Special scheduling is required for all work that will impact the schools in the project
area. These schools are Andersen Elementary School, Lincoln Elementary School, and
Harbor Day School (Private). Any work nearby these schools on Pacific View Dr,
Newport Hills Dr W, Newport Hills Dr E, Marguerite Ave, and Port Seabourne Way must
be scheduled during non -school days after June 6, 2025.
Trash Pickup Scheduling and Coordination
Contractor shall provide a list of streets that will be slurry sealed on Wednesdays as
part of the 2-week look -ahead schedules, so that the City can coordinate early trash
pickups. See trash pick-up schedule provided by the City of dates of trash pick-ups
within the project area.
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. Unless
otherwise approved by the Engineer, construction shall start on May 12, 2025.
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.
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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)
5. July 4th (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 30th (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 at 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 $2,000.
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.
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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.
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 $1,250.00 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
7-8.1 General
All vandalism, including graffiti, damages to fresh slurry sealed and sealcoated
pavement, at the work site shall be removed, repaired, or replaced by the Contractor
within 24 hours.
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
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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:
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. Placing plastic sheeting beneath stored equipment to capture potential leaking
fluids.
d. Providing a controlled area for cleaning or rinse -down activities.
e. Monitoring construction activities.
f. Minimizing usage of water when saw -cutting and vacuum the residue.
g. Providing measures to capture or vacuum -up water contaminated with
construction debris.
h. Removing any construction related debris on a daily basis.
i. Protecting work areas from erosion.
j. Covering construction material stockpiles prior to wind or rain events
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 backcharging 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. The contractor shall be
liable for any and all related fines.
7-10 SAFETY
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.
Page SP 8 of 19
7-10.5 Security and Protective Devices
7-10.5.3 Steel Plate Covers
Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards.
In addition, steel plates on asphalt pavement shall be pinned and recessed flush with
existing pavement surface.
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.
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, Demobilization, and Cleanup: 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, 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 Crack Seal: Work under this item shall include, but not be limited to, all
labor, tools, equipment and material costs for routing out cracks, applying weed kill,
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crack sealing of the existing asphalt roadway prior to slurry sealing or sealcoating with a
hot -applied crack sealant (Roadsaver Low Tack 34543 product by Crafco or approved
equal), and all other work items as required to complete the work in place. Contractor
will be required to fill all cracks greater 1/8" in streets and parking lots.
Item No. 4 Type I Slurry Seal: Work under this item shall include, but not be limited
to, all labor, materials, tools, equipment, and incidentals for preparing the roadway
surface, removing existing traffic striping and pavement markings, protecting raised
pavement markers (except those indicated for removal in the plans), providing slurry
test report only when initial test results do not meet specifications, placing Type I slurry
seal, providing pneumatic rollers for cul-de-sacs and turning knuckles, providing multiple
passes of street sweeping to clean up raveling sand on all streets, and extra street
sweeping passes for high turn areas, turning knuckles, and in cul-de-sacs, and all other
work items as required to complete the work in place.
Item No. 5 Asphalt -Based Sealcoat: Work under this item shall include, but not be
limited to, all labor, materials, tools, equipment, and incidentals for preparing the
roadway surface, removing existing traffic striping and pavement markings, 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. 6 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, blacking -out existing striping and markings prior to applying
sealcoat, applying curb paint, removing or relocating street signs and posts, 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. 7 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 $5,000 is
established for this bid item. The intent of this pre-set amount is to emphasize to the
Contractor the importance of as -build 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.
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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 Ultrapure 65K produced by the Textile Rubber and Cement Company, Inc.,
or equal approved by the Engineer in advance of ordering the latex additive. It shall be
added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of
2'/2 percent of weight of the emulsified asphalt. Latex -added emulsified asphalt shall be
kept in a suspended state by an agitating mixer and mixed every three days.
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.
Add Section 214-4.3 — Preformed Green Thermoplastic Markings
214-4.3 Preformed Green Thermoplastic Markings
Green background bike lane and sharrow legends shall consist of preformed
thermoplastic markings and be the Premark and 2Part sealer product by Ennis -Flint,
Product No. "PM6902763" (4' x 7' arrow), "PM602766L" (4' x 7' bike lane symbol with
person) and "PM602768L" (4' x 10' shared lane marking or sharrow) or approved equal.
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Layout for bike lane includes 4' x 6' solid green background separating the arrow and
`bike lane symbol with person' with an overall 4' x 20' layout. The background/marking
shall include the VIZI-GRIP treatment for anti-skid resistance and retroreflectivity on the
white markings. 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
2'/4 inch unistrut (OD) base.
Sign mounting hardware and brackets shall be stainless steel. Unless otherwise
specified, mounting hardware shall be 5/16"-18.
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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.
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.
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.
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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 within one (1) hour after application of slurry seal.
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 slurry seal, Contractor shall clean all sidewalks, curb ramps,
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. The Engineer may request additional sweepings as -
needed at no additional cost to the City.
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, curb paint, 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.
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The Contractor shall remove all existing traffic striping and pavement markings by
grinding. Other methods such as sandblasting will not be allowed. Temporary painted
striping shall be placed within 24 hours of removal.
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 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, turn arrows, 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 half -width lane line stripes on Old Ford Rd, Newport Hills Dr E, and Newport
Hills Dr W shall not be placed until cat -tracking is approved by the Engineer. Parking lot
striping shall not be placed until cat -tracking is approved by the Engineer.
Existing thermoplastic striping shall be removed prior to the application of slurry seal.
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 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.
Page SP 15 of 19
If the Contractor fails to perform striping as specified herein, the Contractor shall cease
all contract work until the striping has been properly performed. Such termination of
work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and
re -notify the affected residents, at the Contractor's sole expense. In addition, if the
Contractor removes/covers/damages existing striping and/or raised pavement markers
outside of the work area, they 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
Page SP16of19
Parking" signs, printed with specific information regarding the no parking zone, may
temporarily replace removed "No Parking" signs.
PART 6 - TEMPORARY TRAFFIC CONTROL
SECTION 600 - ACCESS
600-1 GENERAL
A minimum of two sets of door hanger notifications are required for this project. The City
will provide all door hanger notices. Contractor shall distribute construction notices to
residents and businesses within 500 feet of the project.
The first notification shall be distributed ten (10) working days prior to starting any
striping removal, weed killing, or crack sealing work.
The second notification shall be distributed forty-eight (48) hours prior to the application
of slurry seal. This notice shall clearly indicate specific dates in the space provided on
the notices when construction operations will occur for each street.
Errors in distribution, false starts, acts of God, strikes or other alterations of the
schedule will require Contractor re -notification.
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. City
"Temporary Tow -Away, No Parking" signs are available at the Public Works Department
public counter.
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. Signs that are not verified by the police
department will not be enforceable. The City reserves the right to require the Contractor
to laminate or cover signs with a transparent plastic bag or sleeve if they are not
enforceable due to damage caused by the environment.
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.
The Contractor may furnish their own "NO PARKING -TOW AWAY" signs if given written
approval by the City's Engineer. Samples of Contractor -furnished signs shall be
provided to the City if requested during the approval process.
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 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 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. 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
make special accommodations to provide access for residents with disabilities
in the closed alleys and streets.
6. 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
Page SP18of19
closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at
the closest crosswalk or controlled intersection.
7. 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.
8. 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
PROJECT LOCATIONS
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SLURRY SEAL PROGRAM
FY 2024-25
REVIEWED BY:
C�� -�1421�--
PRINCIPAL OIL ENGINEER
ANDY TRAN, R.C.E. 63670
ATE PROJECT NO. SHEET
02 20 2025 25RO4 1 OF 11
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LIMITS OF SLURRY SEAL
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SLURRY SEAL PROGRAM
FY 2024-25
REVIEWED BY:
`s
PRINCIPAL OIL ENGINEER
ANDY TRAN, R.C.E. 63670 °
DATE PROJECT NO. SHEET a
02/20/2025 25R04 2 OF ll
DRAWN TDP C-9717-1 R-7046—L 3
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LITTLE
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LIMITS OF SLURRY SEAL
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SLURRY SEAL PROGRAM
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DRAWN TDP C-9717-1 R-7046-L 3
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NOTE: SEE SPECIAL PROVISIONS SECTION
6-1.1 FOR SPECIAL SCHEDULING AND
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LIMITS OF SLURRY SEAL
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SLURRY SEAL PROGRAM
FY 2024-25
HARBOR DAY
SCHOOL
RD
Ai23No. 9
Exp. 06-30-25y
REVIEWED BY:
`s
PRINCIPAL OWIL ENGINEER
ANDY TRAN, R.C.E. 63670 °
DATE PROJECT NO. SHEETCL
02/20/2025 25R04 4 OF 11
DRAWN TDP C-9717-1 R-7046—L
SEE NOTE
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Exp. 06-30-25 i
LIMITS OF SEAL COATING s?9T�n NIL,��R�~�
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SLURRY SEAL PROGRAM
FY 2024-25
REVIEWED BY:
PRINCIPAL IL ENGINEER
ANDY TRAN, R.C.E. 63670
DATE PROJEC I NU. SHEE I a
02/20/2025 25R04 5 OF 11
DRAWN TDP C-9717-1 R-7046-L
FORD RD
(SEE SHEET 2)
BONITA CANYON SPORTS PARK
PARKING LOT 3
NOTE: REPLACE EXISTING ADA SIGN (1 TOTAL)
WITH R-99C (CA) AND VAN ACCESSIBLE R7-813
LIMITS OF SEAL COATING
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SLURRY SEAL PROGRAM
FY 2024-25
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No. 94723
Exp. 06-30-25/
REVIEWED BY:
PRINCIPAL OVIL ENGINEER
ANDY TRAN, R.C.E. 63670 °
DATE PROJECT NO. SHEET 3
02/20/2025 25R04 6 OF 11
DRAWN TDP C-9717-1 R-7046-L
SEE NOTE
(SEE SHEET 2)
PORT PROVENCE PL
(SEE SHEET 2)
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BUFFALO HILLS PARK
PARKING LOTS
NOTE: REPLACE EXISTING ADA SIGN
(1 EACH LOT) WITH R-99C (CA) AND
VAN ACCESSIBLE R7-813
LIMITS OF SEAL COATING
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SLURRY SEAL PROGRAM
FY 2024-25
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SLURRY SEAL PROGRAM
FY 2024-25
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ANDY TRAN, R.C.E. 63670 °
DATE PROJECT N0. SHEET
02/20/2025 25RO4 8 OF 11
DRAWN TDP C-9717-1 R-7046-L 3
SAN JOAQUIN HILLS RD
SEE NOTE
CANYON WATCH PARK
PARKING LOT
NOTE: REPLACE EXISTING ADA SIGN (1 TOTAL)
WITH R-99C (CA) AND VAN ACCESSIBLE R7-8B
LIMITS OF SEAL COATING
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SLURRY SEAL PROGRAM
FY 2024-25
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REVIEWED BY: a
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ANDY TRAN, R.C.E. 63670 °
DATE PROJECT NO. SHEET
02/20/2025 25RO4 9 OF 11
DRAWN TDP C-9717-1 R-7046—L
HARBOR VIEW NATURE TRAIL
LIMITS OF SEAL COATING
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SLURRY SEAL PROGRAM
FY 2024-25
No. 94723
Exp. 06-30-25 /
REVIEWED BY:
PRINCIPAL ZVVIL ENGINEER
ANDY TRAN, R.C.E. 63670 °
DATE PROJECT NO. SHEET
02/20/2025 25R04 10 OF 11
DRAWN TDP C-9717-1 R-7046-L 3
1'-0"
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DIRECTION OF TRAVEL
YIELD LINE LAYOUT
NOTE: MARKINGS SHALL BE WHITE THERMOPLASTIC PAINT.
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CROSSWALK DETAIL
NOTE: GAPS SHOULD BE PLACED IN A WHEEL
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NOTE: MARKINGS SHALL BE WHITE
THERMOPLASTIC PAINT. AT CROSSWALKS
NEAR SCHOOLS, MARKINGS SHALL BE
YELLOW THERMOPLASTIC PAINT. 4ROFEssroN
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No. 94723
YIELD & CROSSWALK DETAILS Exp. 06-30-25
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CITY OF NEWPORT BEACH REVIEWED BY:
PUBLIC WORKS DEPARTMENT
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SLURRY SEAL PROGRAM ERIC LO , R.0 60232
DATE PROJECT NO. SHEET
02/20/2025 25R04 11 OF 11
FY 2024-25
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