HomeMy WebLinkAboutC-9937-1 - On-Call M/RSA for Roadway Sign and Striping Maintenance, Repair and InstallationON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH SUPERIOR PAVEMENT MARKINGS, LLC FOR
ROADWAY SIGN & STRIPING MAINTENANCE, REPAIR, & INSTALLATION
THIS ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 9th day of December, 2025 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and SUPERIOR PAVEMENT MARKINGS, LLC, a
Delaware corporation ("Contractor"), whose address is 5312 Cypress Street, Cypress,
CA 90630, 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 desires to engage Contractor to perform on -call maintenance and/or repair
services for City ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on November 17, 2030, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2A Contractor shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Contractor shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
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2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Except as otherwise provided herein, no rate changes shall be made during
the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed One Million Eight Hundred Thousand Dollars
and 00/100 ($1,800,000.00), without prior written amendment to the Agreement.
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
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the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved
in writing in advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B
and the Letter Proposal.
5. PROJECT MANAGER
5.1 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 Agreement term. Contractor has designated Victor Bustamonte to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Director of Public Works or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
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in Exhibit A shall not be installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof 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 Services 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.
9.2 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.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (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 Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
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defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.4 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 Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Contractor.
9.5 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 Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement 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.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee 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 expressed terms of this Agreement. No civil service
status or other right of employment shall accrue to Contractor or its employees. Nothing
in this Agreement shall be deemed to constitute approval for Contractor or any of
Contractor's employees or agents, to be the agents or employees of City. 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 Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work 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
Services.
11. 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 Contractor on the Project.
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12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. 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.
14. 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 Agreement or for other periods as specified in this Agreement, 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.
15. BONDING
15.1 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.
15.2 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.
15.3 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.
16. PREVAILING WAGES
16.1 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 Agreement shall be paid to all workmen employed on the
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Work to be done according to the Agreement 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 Agreement. 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.
16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Contractor further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of 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 cotenancy, 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.
18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any 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 Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
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its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 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 Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
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24.2 If subject to the Act and/or Government Code §§ 1090 et seg., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement 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.
25.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Director of Public Works
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Darren Veltz
Superior Pavement Markings, LLC
5312 Cypress Street
Cypress, CA 90630
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
26.2 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
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Claims Act requirements requiring Contractor/Consultant 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.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. 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, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than 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 reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. LABOR
28.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSK) (29 USCA § 201, et seq.).
28.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
28.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
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29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
29.2 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 and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement 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.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement 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 Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement 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.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 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.
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29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement 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.
[SIGNATURES ON NEXT PAGE]
Superior Pavement Markings, LLC Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: , 11112/zoz s
By: Lm' 710=1;�- 4(of
Aa n C. Harp
City Attorney
ATTEST:
Date: ,i 90 246
By:
Lena Shumway
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Lauren Kleiman
Mayor
CONTRACTOR:
SUPERIOR PAVEMENT MARKINGS,
LLC, a Delaware corporation
Date:
Signed in Counterpart
Bv:
Darren Veltz
Managing Member
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Exhibit D — Labor and Materials Payment Bond
Exhibit E — Faithful Performance Bond
Superior Pavement Markings, LLC Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: II 51z c2:2
By: L. Vmjata-F� f
Aaton C. Harp
City Attorney
ATTEST:
Date:
UM
Lena Shumway
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Joe Stapleton
Mayor
CONTRACTOR:
SUPERIOR PAVEMENT MARKINGS,
LLC, a Delaware corporation
Date: 1
By:
Darren Veltz
Managing Member
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Exhibit D — Labor and Materials Payment Bond
Exhibit E — Faithful Performance Bond
Superior Pavement Markings, LLC Page 13
EXHIBIT A
SCOPE OF SERVICES
Superior Pavement Markings, LLC Page A-1
City of Newport Beach
Public Works Department
Scope of Services
ON -CALL ROADWAY SIGN & STRIPING MAINTENANCE, REPAIR & INSTALLATION
Contract No. 9937-1
All work necessary for the completion of this contract shall be done in accordance with these Specifications.
INTENT
Consultant shall provide on -call roadway sign and striping maintenance, repair and installation services on an
as -requested basis throughout the City.
DESCRIPTION OF WORK
• Furnish all materials, labor, tools, expendable equipment, traffic control, transportation and product
handling, delivery and storage necessary to complete project(s) for the maintenance, repair and
installation of roadway signs and striping as described herein including, but not limited to, the
following:
o Provide sign maintenance, repair and installation utilizing City or Contractor provided signs on
existing or Contractor -installed posts or poles as specified by City;
o Provide roadway striping maintenance, repair and installation using paint, thermoplastic, or
other material as specified by City;
o Provide pavement markings installation using paint, thermoplastic, pre-cut thermoplastic, or
other material as specified by City;
o Provide curb marking maintenance, repair and installation using paint or other material as
specified by City; and
o Provide installation of metal beam guardrails including end pieces and wooden posts and
removal and disposal of damaged guardrail as specified by City.
WORKING HOURS
• Normal working hours shall be between the hours of 7:00 a.m. and 4:30 p.m., Monday through Friday.
Work outside of normal working hours, including night, Saturday, Sunday, or holiday must be
approved by the City prior to being scheduled; and
Emergency work, as requested by City, may be exempt from the requirements listed above.
Repair Visits
Non -Emergency Work - All non -emergency work must be authorized by the contract manager through
a signed letter proposal and billed in accordance with the cost file in this contract.
Emergency Repair Work - Emergency repairs may be authorized by the contract manager through
verbal authorization when necessary and must be billed in accordance with the cost file outlined in this
contract.
Service Proposal Requirements
When the need for service arises, the Contractor shall provide a written proposal, including:
• A detailed description of the services to be provided.
• The position of each person assigned to perform the services.
• The estimated number of hours and cost (including parts and material) to complete the
services.
• The time needed to complete the specific project.
No services shall commence until the project manager has provided written acceptance of the
proposal. Once authorized, the Contractor shall diligently perform the services in compliance with the
contract terms. Should the proposal terms vary, the agreement terms will supersede.
Contractor Supplied Equipment
The Contractor shall supply all transportation, tools and equipment necessary for completing all work
related to provided services, covered within the hourly labor cost (e.g., vehicles, fuel surcharge,
delivery or equipment, miscellaneous materials needed for maintenance, tools of the trade, etc.).
Rental equipment needed for on -call repairs must be approved prior to use and substantiated with
rental receipts for invoicing (e.g., scissor lifts, boom lifts, cranes, etc.).
Replacement Equipment, Parts, Materials, and Equipment Rentals
All replacement equipment, parts, materials, and equipment rentals may be supplied by the
Contractor at a contracted markup as shown in the Cost File. Receipts may be required at the time of
invoicing to substantiate the percentage markup, with all charges at cost plus no more than a 15%
markup. Labor rates for installation shall be charged at the standard labor rate specified in the Cost
File.
Service calls will be initiated by City staff, with no guarantee or implication of any specific quantity of
service call work during the contract term.
Invoicing
All invoices for on -call services must include:
• Brief description of the work performed
• Date the services were performed
• Number of hours spent on all work billed on an hourly basis
• Description of any reimbursable expenditures (materials, rental equipment, etc.)
• Contracted labor rate
• Shall include the name and the classification of the employee who performed the work
• Material percentage markup
Invoices shall be submitted monthly. Receipts may be required at the time of invoicing to substantiate
percentage markup. All shall be charged at cost plus no more than a 15% markup. Labor rates shall
include supplies (e.g. miscellaneous supplies, rags, tape, , personal protective equipment (PPE), and
sundries). Labor rates shall be charged at the standard labor rate specified in the Cost File.
Response Requirements
• Call back within ninety (90) minutes after the initial request from the City for on -call services.
• Availability for same -day response, including after hours, weekends, and holidays.
• Contractor shall be available 24 hours a day, 7 days a week.
• Arrival within four (4) hours after initial call back.
Workmanship & Materials
• The Contractor shall provide all labor and materials required for the successful completion of a
project or work.
• Labor rates shall include supplies (e.g. miscellaneous supplies, rags, tape, tools, personal
protective equipment, and sundries).
• The City may reimburse the Contractor for materials procured, analyzed case -by -case, and
agreed upon in the Contractor's proposal before work commences. Markup for materials is
limited to cost plus a maximum of 15%.
• Receipts may be required for reimbursement for materials purchased for projects.
• The City reserves the right to specify the type of material and/or equipment purchased per
project. All equipment and material purchases must be pre -approved by the Project Manager
or designee.
• The City reserves the right to purchase materials directly and provide them to the Contractor.
In such cases, the following conditions apply:
o The Contractor shall conform to all City practices and procedures.
o All City purchases are for the sole expressed use of and for the City.
o The Contractor shall secure, store, inventory, distribute, and control all materials
entrusted to the Contractor's representatives.
o All materials and inventories shall be made available to the City upon request. The
Contractor will reduce the unit cost for each maintenance task by the City's actual cost
for the materials provided and used.
• The Contractor shall maintain work areas with a well -manicured, clean appearance, and all
work shall be performed in a professional manner using quality equipment.
• The Contractor shall be responsible for any damages to public and/or private property caused
during the course of the work.
• The Contractor shall recognize that during this Agreement, the City may have other
contractors conducting other activities and/or operations in the immediate vicinity of requested
work. Contractor shall make every effort to coordinate activities with existing operations.
Other activities may include, but are not limited to, the following:
- Landscape refurbishment
- Modification or repair of existing facilities
- Construction; and
- Storm related operations
• All tools and materials shall always remain in Contractor's possession.
• All Contractor vehicles parked on site shall always be secure.
• Contractor shall ensure all precautions for safety are taken.
• Contractor shall obtain necessary building permits at no cost when required.
• As required, Contractor shall provide traffic control per the latest edition of the Manual on
Uniform Traffic Control Devices (MUTCD) "Watch Manual."
• The Contractor is responsible for all underground service alerts prior to digging (DigAlert).
QUALITY OF WORK AND MATERIALS
All materials and installation methods shall conform with the latest City Standard Specifications,
California Manual of Uniform Traffic Control Devices (CA MUTCD), American Public Works Association
(APWA) Specifications and Standard Plans, Caltrans Standard Plans/Specifications and/or other
specifications as deemed appropriate by City;
All material and equipment furnished by the Contractor shall be new, high grade, and free from
defects and imperfections. Workmanship shall be in accord with the highest industry standards. Both
materials and workmanship shall be subject to the approval of the City.
All work shall meet with the approval of the City's representative. Any specific item which does not
meet the conditions of the specifications set forth herein shall be called to the attention of the
Contractor's Project Manager. Payment to the Contractor may be withheld by City until condition is
corrected in a satisfactory manner as set forth in the specifications.
RESPONSIBILITY FOR DAMAGES
• Any damage by Contractor, including that which occurs outside the work area, shall be repaired or
replaced as directed at no additional cost to the City.
RECORDS
• Contractor shall keep records and invoices in connection with the Services performed under the
Agreement. Contractor shall maintain complete and accurate records with respect to the costs
incurred under the Agreement and any Services, expenditures and disbursements charged to City, for
a minimum period of three (3) years, or for any longer period required by law, from the date of final
payment to Contractor under the Agreement. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow inspection of
all Work, data, Documents, proceedings and activities related to the Agreement for a period of three
(3) years from the date of final payment to Contractor under this Agreement.
SAFETY REQUIREMENTS
All work performed under this contract shall be performed in such a manner as to provide maximum
safety to the public and where applicable comply with all safety standards required by CAL -OSHA. The
City reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or
harmful acts are observed or reported relative to the performance under this contract. All contractor
employees shall have access to the latest revision of the Work Area Traffic Control Handbook (WATCH)
at all times.
• Contractor's field personnel shall wear easily recognizable uniforms containing Contractor's name.
Contractor shall be responsible for supplying all appropriate personal protective equipment.
Contractor's employees shall be trained in health and safety per CALOSHA.
• The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from
his/her operations. Any hazardous condition noted by the Contractor, which is not a result of his/her
operations, shall be immediately reported to the City.
ROAD CLOSURES, DETOURS AND TRAFFIC CONTROL
• Traffic control layout and devices shall conform with the latest revision of the Work Are Traffic Control
Handbook (WATCH) and the California Manual of Uniform Traffic Control Devices (CA MUTCD).
• Contractor shall observe and maintain deployed traffic control devices during the work. Additional
traffic control shall be deployed to encourage proper work area safety as needed and/or directed by
City.
• If the Contractor fails to provide and install traffic control devices as required by this section, City may
shut down Contractor's work or may have traffic control devices placed by others and charge the cost
of the traffic control deployment against the Contract..
• Beacon lighting visible from behind the vehicle will be installed on vehicles working along City
roadways.
• The schedule for any work requiring significant road closures or detours shall be coordinated with the
City a minimum of 72 hours prior to the beginning of work.
• At the discretion of the City, Contractor may be required to furnish a traffic control plan for planned
work. If requested, a traffic control plan shall be submitted to City ten (10) days prior to the start of
work.
• At the discretion of City, work hours and or/traffic control layout may be changed to improve work
area safety and/or reduce traffic delays/impacts to the traveling public.
TECHNICAL SPECIFICATIONS
• Traffic signs shall be installed per City Standard Plan STD-924-L;
• Underground Service Alert (USA) shall be contacted prior to installation of sign posts/poles and/or
other below -grade item;
• Contractor -furnished signs shall be of standard size, construction, text and message per the CA
MUTCD and State of California specifications, unless otherwise specified by City;
• All traffic stripes and markings shall conform with the CA MUTCD and State of California Standard
Specifications and Plans in size, color, shape, and layout unless otherwise specified by City;
• Conflicting striping/pavement markings shall be removed by wet sandblasting or City -approved
alternative;
• Reflectorized pavement markers shall be 3M Series 290 or have glass covered face and City -approved
equivalent;
• Traffic striping paint shall be Pervo PTWB-01, #7004 or approved equivalent
• Traffic striping Thermoplastic shall be Pervo T-1000 or approved equivalent applied at 90 mil by an
extrusion system
• Green bike lane and bike lane/sharrow legend background shall be MMAX Colored Lane Treatment —
EF Green by Ennis -Flint or City -approved equivalent;
• Curb marking maintenance (same color as existing) may be painted over existing markings and shall be
the same length as existing, unless otherwise specified by City;
• When curb markings are to be removed, existing paint shall be removed by wet sandblasting or other
City -approved method.
• Curb marking Paint shall be American Traffic Products fast dry 180 series paint or approved equal.
Colors shall be Red, White, Yellow, Green, Blue, Black and Light Grey; and
• Curb marking stencil shall be four inches in height.
EXHIBIT B
SCHEDULE OF BILLING RATES
Superior Pavement Markings, LLC Page B-1
City of Newport Beach
On -Call Roadway Sign R Striping Maintenance, Repair, & Installation (9937-1), bidding on 1021P025 2.00 PM (PDT)
Page 4 of 7
Printed 102112025
Item # Item Code
Type Item Description
UOM
QTY
Unit Price
Line Total
Response Comment
Striping
$489,976.00
1
4-Inch Double Yellow - (Repaint One Coat over Existing)
LF
1000
$0.28
$280.00
Yes
2
4-Inch Double Yellow- Install New (Thermoplastic)
LF
1000
$1.25
$1,250.00
Yes
3
4Inch Broken Double Yellow- (Repaint One Coat over Existing)
LF
1000
$0.26
$260.00
Yes
4
41nch Broken Double Yellow- Install New (Thermoplastic)
LF
1000
$1.20
$1,200.00
Yes
5
4-inch Skip Yellow - (Repaint One Coat over Existing)
LF
1000
$0.18
$180.00
Yes
6
4-Inch Skip Yellow- Install New (Thermoplastic)
LF
1000
$0.65
$650.00
Yes
7
4-Inch Solid Yellow- (Repaint One Coat over Existing)
LF
1000
$0.18
$180.00
Yes
8
4-inch Solid Yellow- Install New (Thermoplastic)
LF
1000
$0.76
$760.00
Yes
9
4-Inch Skip White - (Repaint One Coat over Existing)
LF
1000
$0.12
$120.00
Yes
10
4-inch Skip White - Install New (Thermoplastic)
LF
1000
$0.65
$650.00
Yes
11
4-Inch Solid White - (Repaint One Coat over Existing)
LF
1000
$0.12
$120.00
Yes
12
4-Inch Solid White- Install New (Thermoplastic)
LF
1000
$0.65
$650.00
Yes
13
6-Inch Double Yellow- (Repaint One Coat over Existing)
LF
50000
$0.26
$13,000.00
Yes
14
6-Inch Double Yellow- Install New (Thermoplastic)
LF
50000
$1.60
$80,000.00
Yes
15
61nch Broken Double Yellow- (Repaint One Coat over Existing)
LF
20000
$0.24
$4,800.00
Yes
16
6 inch Broken Double Yellow- Install New (Thermoplastic)
LF
20000
$1.55
$31,000.00
Yes
17
6-Inch Skip Yellow- (Repaint One Coat over Existing)
LF
25000
$0.20
$5,000.00
Yes
18
6-Inch Skip Yellow- Install New (Thermoplastic)
LF
25000
$0.75
$16,750.00
Yes
19
6-Inch Solid Yellow -(Repaint One Coat over Existing)
LF
3500
$0.20
$700.00
Yes
20
6-Inch Solid Yellow- Install New (Thermoplastic)
LF
3500
$0.95
$3,325.00
Yes
21
6-Inch Solid White- (Repaint One Coat over Existing)
LF
10000
$0.20
$2,000.00
Yes
22
6-Inch Solid White -Install New (Thermoplastic)
LF
10000
$0.95
$9,500.00
Yes
23
6-Inch Skip White -(Repaint One Coat over Existing)
LF
100000
$0.15
575,000.00
Yes
24
6-inch Skip White- Install New (Thermoplastic)
LF
100000
$0.75
$75,000.00
Yes
25
8-Inch Skip White -(Repaint One Coat over Existing)
LF
2500
$0.30
$750.00
Yes
26
8-Inch Skip White - Install New (Thermoplastic)
LF
2500
$1.45
$3,625.00
Yes
27
8-Inch Solid White- (Repaint One Coat over Existing)
LF
30000
$0.30
$9,000.00
Yes
28
8-Inch Solid White- Install New (Thermoplastic)
LF
30000
$1.65
$49.500.00
Yes
29
12-inch Solid Yellow - (Repaint One Coat over Existing)
LF
1000
$2.50
$2,500.00
Yes
30
12-Inch Solid Yellow- Install New (Thermoplastic)
LF
1000
$3.85
$3,850.00
Yes
31
12-inch Solid White- (Repaint One Coat over Existing)
LF
20000
$2.50
$50,000.00
Yes
32
12-inch Solid White- Install New (Thermoplastic)
LF
20000
$3.85
$77,000.00
Yes
33
3-Foot Yield Line (sharks -foot teeth) -(Repaint One Coat over Existing)
LF
50
$25.00
$1,250.00
Yes
34
3-foot Yield Line (sharks -foot teeth) - Install New (Thermoplastic)
LF
50
$75.00
$3,750.00
Yes
35
Single Line Parking Stall- (Repaint One Coat over Existing)
EA
1000
$1.20
$1,200.00
Yes
36
Single Line Parking Stall- Install New (Thermoplastic)
EA
1000
$2.40
$2,400.00
Yes
37
Double Line Parking Stall- (Repaint One Coat over Existing)
EA
2000
$2.40
$4,800.00
Yes
38
Double Line Parking Stall- Install New (Thermoplastic)
EA
2000
$4.60
$9,200.00
Yes
39
Remove Existing Striping (wet Sandblast - (Repaint One Coat over Existing)
LF
100
$8.88
$888.00
Yes
40
Remove Existing Striping (Wet Sandblast) - Install New (Thermoplastic)
LF
100
$8.88
$888.00
Yes
41
Striping Minimum-
MINIMUM
1
$5,000.00
$5,000.00
Yes
Pavement Markings
$269,772.00
42
12-Foot Letter -(Repaint One Coat over Existing)
SF
1000
$15.00
515,000.00
Yes
43
12-foot Letter- Install New (Thermoplastic)
SF
1000
$30.00
$30,000.00
Yes
44
8-foot Letter -(Repaint One Coat over Existing)
SF
7000
$3.64
$25,460,00
Yes
45
8-foot Letter- Install New (Thermoplastic)
SF
7000
$12.72
$89,040.00
Yes
46
Turn Arrows (Type l/IV/VII/VIII)-(Repaint One Coat over Existing)
SF
5000
$2.66
$13,300.00
Yes
47
Turn Arrows (Type 1/IV/VII/VIII)- Install New (Thermoplastic)
SF
5000
$4.66
$23,300.00
Yes
48
Elongated Turn Arrows (Type II/III) -(Repaint One Coat over Existing)
SF
1000
$2.66
$2,660.00
Yes
�,.natDds
City of Newport Beach
Page 5 of 7
On -Call Roadway Sign & Sit iping Maintenance, Repair, & Installation (9937-1), bidding on 10/21/2025 2.00 PM (PDT)
Printed 1012112025
Item # Item Code Type
Item Description
UOM
QTY
Unit Price
Line Total
Response Comment
49
Elongated Turn Arrows (Type II/III) - Install New (Thermoplastic)
SF
1000
$4.66
$4,660.00
Yes
50
Bike Lane Arrow - (Repaint One Coat over Existing)
SF
Soo
$2.66
$1,330.00
Yes
51
Bike Lane Arrow- Install New (Thermoplastic)
SF
Soo
$4.66
$2,330.00
Yes
52
Handicap Symbol -(Repaint One Coat over Existing)
SF
100
$55.00
$5,500.00
Yes
53
Handicap Symbol- Install New (Thermoplastic)
SF
100
$185.00
$18,500.00
Yes
54
Bike Lane Legend&Arrow - (Repaint One Coat over Existing)
SF
Soo
$7.14
$3,570.00
Yes
55
Bike Lane Legend&Arrow - Install New (Thermoplastic)
SF
Soo
$15.71
$7,855.00
Yes
56
Shared Lane Markl n9 (Sharrow) -(Repaint One Coat over Existing)
SF
Soo
$7.14
$3,570.00
Yes
57
Shared Lane Marking (Sharrow) - Install New (Thermoplastic)
SF
Soo
$15.71
$7,855.00
Yes
58
Green Bike Lane/Sharrow Background (MMA) - (Repaint One Coat over Existing)
SF
50
$20.00
$1,000.00
Yes
59
Green Bike Lane/Sharrow Background (MMA) - Install New (Thermoplastic)
SF
50
$20.00
$1,000.00
Yes
60
Speed Limit Number -(Repaint One Coat over Existing)
SF
100
$3.64
$364.00
Yes
61
Speed Limit Number- Install New (Thermoplastic)
SF
100
$12.72
$1,272.00
Yes
62
Continental Crosswalk - (Repaint One Coat over Existing)
SF
50
52.50
$125.00
Yes
63
Continental Crosswalk- Install New (Thermoplastic)
SF
50
$4.00
$200.00
Yes
64
Ladder Crosswalk - (Repaint One Coat over Existing)
SF
50
$2.50
$125.00
Yes
65
Ladder Crosswalk- Install New (Thermoplastic)
SF
50
54.00
$200.00
Yes
66
Diagonal Crosswalk - (Repaint One Coat over Existing)
SF
25
$2.50
$62.50
Yes
67
Diagonal Crosswalk- Install New (Thermoplastic)
SF
25
$4.00
$100.00
Yes
68
Speed Bump Markings - (Repaint One Coat over Existing)
SF
25
$11.50
$287.50
Yes
69
Speed Bump Markings- Install New (Thermoplastic)
SF
25
$17.45
$436.25
Yes
70
Additional Pavement Markings- (Repaint One Coat over Existing)
SF
25
$1150
$287.50
Yes
71
Additional Pavement Markings- Install New (Thermoplastic)
SF
25
$17.45
$436.25
Yes
72
Green Thermoplastic LOOK Stencil- (Repaint One Coat over Existing)
SF
50
$18.00
$900.00
Yes
73
Green Thermoplastic LOOK Stencil- Install New (Thermoplastic)
SF
50
545.00
$2,250.00
Yes
74
Remove Existing Pavement Marking (wet Sandblast) - (Repaint One Coat over Existing)
SF
100
$8.88
$888.00
Yes
75
Remove Existing Pavement Marking (Wet Sandblast)- Install New (Thermoplastic)
SF
100
$8.88
$888.00
Yes
76
Pavement Marking Minimum-
MINIMUM
1
$5,000.00
$5,000.00
Yes
Curb Marking
$310,120.00
77
Curb Painting -(Repaint One Coat over Existing)
LF
45000
$2.10
$94,500.00
Yes
78
Curb Painting- Install New (Thermoplastic)
LF
45000
$3.00
$135,000.00
Yes
79
Curb Stencil Lettering -(Repaint One Coat over Existing)
Letters
8000
$3.75
$30,000.00
Yes
80
Curb Stencil Lettering- Install New (Thermoplastic)
Letters
8000
$5.00
$40.000.00
Yes
81
Curb MarkingRemoval(Wet Sandblast) - (Repaint One Coat over Existing)
LF
100
$28.10
$2,810.00
Yes
82
Curb Marking Removal (Wet Sandblast) - Install New (Thermoplastic)
LF
100
$28.10
$2,810.00
Yes
83
Weeding And Dewatering - (Repaint One Coat over Existing)
Hours
5
$250.00
$1.250.00
Yes
84
Weeding And Dewatering- Install New (Thermoplastic)
Hours
5
5250.00
$1,250.00
Yes
85
Curb Painting Minimum-
MINIMUM
1
$2,500.00
$2,500.00
Yes
Pavement Markers (Each)
$3,933.00
86
Reflective Pavement Markers - (Repaint One Coat over Existing)
EA
50
$7.55
$37750
Yes
87
Non -Reflective Pavement Markers -(Repaint One Coat over Existing)
EA
10
$5.55
$55.50
Yes
88
Pavement Marker Minimum-
MINIMUM
1
$3,500.00
$3500.00
Yes
Sign & Post Installation (Each)
$17,025.00
89
Sign Installed on Existing Post/Street Light Pole-
EA
25
$75.00
$1,875.00
Yes
90
Sf9n Installed on Post/Pole••
EA
50
$75.00
$3,750.00
Yes
91
Install New Sign Post and Base
EA
10
$350.00
$3,500.00
Yes
92
Core Drilling Sidewalk For Sign Post
EA
10
$150.00
$1,500.00
Yes
93
Relocate Existing Sign to New Post/Pale
EA
15
$115.00
$1,725.00
Yes
94
Relocate Existing Sign to Existing Post/Pole
EA
5
$115.00
$575.00
Yes
95
Relocate Existing Sign and Post
EA
5
$310.00
$1,550.00
Yes
PlanetBids
City of Newport Beach
On -Call Roadway Sign & Striping Maintenance, Repair, & installation (9937-1), bidding on IOI2102025 2.00 PM (PDT)
Page d of 7
Printed 10/21I2025
It.. # Item Code Type Item Description
96 Remove Existing Sign and Post
97 Remove Existing Sign Post
98 Sign & Post Installation Minimum -
Guardrail Services
99 Metal Beam Guardrail- (Repaint One Coat over Existing)
100 Wooden Post
101 Guardrail Installation Minimum -
UOM
QTY
Unit Price
Line Total
Response Comment
EA
5
$105.00
$525.00
Yes
EA
5
$105.00
$525.00
Yes
MINIMUM
1
$1,500.00
$1,500.00
Yes
$14,750.00
LF
120
$50.00
$6,000.00
Yes
EA
15
$250.00
$3,750.00
Yes
MINIMUM
1
$5,000.00
$5,000.00
Yes
City of Newport Beach Page 7 of 7
On -Call Roadway Sign & Striping Maintenance. Repair, & Installation (9937-1), bidding on 10/21/2025 2.00 PM (PDT) Printed 10/21/2025
Line Item Subtotals
Section Title Line Total
Striping
$489,976.00
Pavement Markings
$269,772.00
Curb Marking
$310,120.00
Pavement Markers (Each)
$3,933.00
Sign & Post Installation (Each)
$17,025.00
Guardrail Services
$14,750.00
Grand Total $1,105,576.00
PlanetBids
Superior Pavement Markings, LLC
ON CALL ROADWAY SIGN AND STRIPING MAINTENANCE, REPAIR AND INSTALLATION
On -Call Labor Cost File
On -Call Labor for Other Items not listed in the Bid
After -Hours Rate
Regular Hours Rate
(M-F 4:30pm-7am,
Description
Unit
Minimum Hours
(M-F 7am-4:30pm)
Weekends &
Holidays)
Journeyman
Hourly
4
$121 63
$155.81
Apprentice
Hourly
4
IS101.21
S128.76
Helper
Hourly4
�10121
$12s.7s
Parts, Materials, and
Equipment Rentals
Markup %
i `= %
(Maximum 15%)
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
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, employees, and any person
or entity owning or otherwise in legal control of the property upon which
Contractor performs the Project and/or Services contemplated by this
Contract. 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,
employees, and any person or entity owning or otherwise in legal control
of the property upon which Contractor performs the Project and/or
Services contemplated by this Contract.
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
Superior Pavement Markings, LLC Page C-1
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).
Contractor shall submit to the City, along with a certificate of insurance,
any additional insurance requirements stated in Section Four.
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 two million dollars ($2,000,000)
combined single limit for each accident.
Contractor shall submit to the City, along with a certificate of insurance,
any additional insurance requirements stated in Section Four.
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.
Contractor shall submit to the City, along with a certificate of insurance,
any additional insurance requirements stated in Section Four.
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 of City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in
legal control of the property upon which Contractor performs the Project
and/or Services contemplated by this Contract or shall specifically allow
Contractor or others providing insurance evidence in compliance with
Superior Pavement Markings, LLC Page C-2
these requirements to waive their right of recovery prior to a loss.
Contractor hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from
each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products -completed operations, excess/umbrella liability, and
automobile liability, if required, shall provide or be endorsed to provide
that City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in
legal control of the property upon which Contractor performs the Project
and/or Services contemplated by this Contract 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, employees, and any person or entity owning or otherwise in
legal control of the property upon which Contractor performs the Project
and/or Services contemplated by this Contract. 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 quired coverage except Builders Risk Insurance, which shall
contain an endorsement with said required notices.
E. Subcontractors. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein. Subcontractors shall maintain commercial general liability in an
amount not less than one million dollars ($1,000,000) per occurrence,
two million dollars ($2,000,000) general aggregate and two million
dollars ($2,000,000) completed operations aggregate.
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
Superior Pavement Markings, LLC Page C-3
be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with
City at all times during the term of this Contract. The certificates and
endorsements for each insurance policy shall be signed by a person
authorized by that insurer to bind coverage on its behalf. At least fifteen
(15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written
notice of such cancellation or reduction of coverage, file with the City
evidence of insurance showing that the required insurance has been
reinstated or has been provided through another insurance company or
companies. City reserves the right to require complete, certified copies
of all required insurance policies, at any time.
B. City's Right to Revise Requirements. The City reserves the right at any
time during the term of the Contract to change the amounts and types
of insurance required by giving Contractor ninety (90) calendar days'
advance written notice of such change. If such change results in
substantial additional cost to Contractor, City and Contractor may
renegotiate Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Contractor shall require and verify that
all subcontractors maintain insurance meeting all the requirements
stated in Section Four, including required coverage types, limits,
endorsements, and notice provisions. 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
Superior Pavement Markings, LLC Page C-4
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 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.
Superior Pavement Markings, LLC Page C-5
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.
Superior Pavement Markings, LLC Page C-6
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO. 9443164
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
Superior Pavement Markings, LLC hereinafter designated as the "Principal," an agreement for
maintenance and/or repair services, in the City of Newport Beach, in strict conformity with
the Agreement 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 Agreement 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, Fidelity & Deposit Company of Maryland
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 Eight Hundred Thousand and 00/100 Dollars ( 1,800,000.00 )
lawful money of the United States of America, said sum being equal to 100% of the
amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the
Agreement; 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
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.
Superior Pavement Markings, LLC Page D-1
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement 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 Agreement 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 18th day of November 20 5 .
Superior Pavement Markings, LLC
Name of Contractor (Principal) Authorized Signature/Title
Fidelity and Deposit Company of Maryland
Name of Surety
1299 ZURICH WAY, SCHAUMBURG, IL 60196 - 1056
Address of Surety
(847)605-6000
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
A on C. Harp i2,-L)
City Attorney
u orized Agent �Signa�t
Nick Patetta, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Superior Pavement Markings, LLC Page D-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 San Bernardino
On 11/21/2025
before me, Taylor Suzanee Heeney, a Notary Public
(insert name and title of the officer)
personally appeared Darren Veltz
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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)
TAYLOR SUZANEE FIEENEY
Notary Public - Ca111orrdi :
,4 San 6ernardlnu County
Commission k 2385707
i -
My Comm. Expires Dec E, 2025
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
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 GXOOOKKW Texas
County of Harris } SS.
On November 18 20 25 before me, Erica Kneitz
Notary Public, personally appeared Nick Patetta
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.
WITN SS my hand and official seal. .�Y,� ERICA KNEITZ
2°°`k NOTARY PUBLIC
* STATE OF TEXAS
MY COMM. EXP. 07/27/27
Signature NOTAR 91819 7801-9
Superior Pavement Markings, LLC Page D-3
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of nlinois, and the FIDELITY AND DEPOSIT COMPANY
OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Christopher Nolan, Vice President, in pursuance of
authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full
force and effect on the date hereof, do hereby nominate, constitute, and appoint Aaron P. CLAIM Rachel RICHARDSON, Timothy F. KELLY, Robert F.
BOBO, Craig C. PAYNE, Ivette BUSTOS, Nick PATETTA, Laura L. KNEITZ, Taint JONES, Teresa D. KELLY, Daisy GREAT'HOUSE, Erica
KNEITZ, Kala KELLY, Walker WILKS, Allison HOWELL of Houston, Texas, its true and lawful agent and Attomey-in-Fact, to make, execute, seal and
deliver, for, and on its bebalf as surely, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in
pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and
acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly
elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected
officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of
said Companies, and is now in force.
IN WITNESS WIIEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seats of the said ZURICH
AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT
COMPANY OF MARYLAND, this 12th day of November, A.D. 2025. y
'�'ppvOro •�}3��SOp'Dq,^r' SDP
IA
,.... •,,,,.,. ��„..,, ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Christopher Nolan
Vice President
�azG L (C V LOwIl
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 12th day of November, A.D. 2025, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Christopher
Nolan, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who
executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and sailh, that he/she is the said officer of
the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
Genevieve M. Maison
Notary Public
My Commission Expire January 27, 2029
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO. 9443164
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 16,200.00 , being at the
rate of $ 9.00 thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
Superior Pavement Markings, LLc hereinafter designated as the "Principal," an agreement for
maintenance and/or repair services in the City of Newport Beach, in strict conformity with
the Agreement 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 Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement,
NOW, THEREFORE, we, the Principal, and Fidelity and Deposit Company of Maryland
, duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of
One Million Eight Hundred Thousand and 00/100 ( 1,800,000.00 ) lawful
money of the United States of America, said sum being equal to 100% of the amount of
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), to be paid to the City of Newport Beach, its successors, and assigns; for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Agreement and any alteration thereof made as therein provided on its
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to its true intent and meaning, or fails to indemnify, defend, and save
harmless the City of Newport Beach, its officers, employees and agents, as therein
stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the
sum specified in this Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
Superior Pavement Markings, LLC Page E-1
notice of any such change, extension of time, alterations or additions of the Agreement
or to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 18th day of November 20 2 !
Superior Pavement Markings, LLC
�.�
Name of Contractor (Principal)
Fidelity and Deposit Company of Maryland
Name of Surety
1299 ZURICH WAY, SCHAUMBURG, IL 60196 - 1056
Address of Surety
(847)605-6000
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: I1/ I'7./7,5
By:
A on C. Harp Z- o�j 25 6Lj
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Nick Patetta, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Superior Pavement Markings, LLC Page E-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 San Bernardino
On 11/21/2025
before me, Taylor Suzanee Heeney, a Notary Public
(insert name and title of the officer)
personally appeared Darren Veltz
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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)
6 -11TAYLORSUZANEE HEENEY
Notary Public - Callfornla
San Bernardino County
Commission k 2385707
My Cnmm. Ezplres Det 8, 2025 f
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
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.
(seal)
State of GX4WW Texas
County of Harris ) ss.
On November 18 20 25 before me, Erica Kneitz
Notary Public, personally appeared Nick Patetta
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.
t�Y� ERICA KNEITZ
WITNESS my hand and official seal. �O NOTARY PUBLIC
* STATE OF TEXAS
MY COMM. EXP. 07/27/27
Signature NOTARY 7801-9
Superior Pavement Markings, LLC Page D-3
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY
OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Christopher Nolan, Vice President, in pursuance of
authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full
force and effect on the date hereof, do hereby nominate, constitute, and appoint Aaron P. CLARK, Rachel RICHARDSON, Timothy F. KELLY, Robert F.
BOBO, Craig C. PAYNE, Ivette BUSTOS, Nick PATETTA, Laura L. KNEITZ, Tani JONES, Teresa D. KELLY, Daisy GREATHOUSE, Erica
KNEITZ, Kala KELLY, Walker WILKS, Allison HOWELL of Houston, Texas, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and
deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in
pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and
acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly
elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected
officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of
said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seats of the said ZURICH
AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT
COMPANY OF MARYLAND, this 12th day of November, A.D. 2025.
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ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Christopher Nolan
Vice President
�)Cjb >L � 6Y�_
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 12th day of November, A.D. 2025, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Christopher
Nolan, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who
executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of
the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
Genevieve M. Maison
Notary Public
My Commission Expire January 27, 2029
Authenticity of this bond can be confirmed at bondvalidator.zurich na.com or 410-559-8790
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances,
stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to
affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any rime."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY
AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power
of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the
Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May,
1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting
duly called and held on the 1 Oth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as thoufrh manually affixed.
1111 TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 18.th day of November , 2025 .
Cor„..
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Mary Jean Pethick
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, EL 60196-1056
reportsfclaims (cZ,zurichna.com
800-626-4577
Authenticity of this bond can be confirmed at bondvalidator.zurich na.com or 410-559-8790
10
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