ON-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”) ismade and entered intoas of this9th 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 ismade with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validlyexistingunder the laws of the State of Californiawith the power to carry on itsbusiness as itisnow being conducted under the statutes of the State of California and the Charter of City.
City desires to engage Contractor to perform on-callmaintenance and/or repair services for City (“Project”).
Contractor possesses the skill,experience, ability,background, certificationand knowledge to provide the maintenance and/or repair services described in this Agreement.
Contractor has examined the locationof allproposed work, carefullyreviewed and evaluated the specificationsset forth by City for the Project,is familiarwith all conditions relevant to the performance of services,and has committed to perform allwork required forthe compensation specifiedinthisAgreement.
B.
C.
D.
NOW, THEREFORE, itismutually 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 earlieras set forth herein.
2. SERVICES TO BE PERFORMED
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 shallprovide a letterproposal for Services requested by the City (hereinafter referredto as the “LetterProposal”). The LetterProposal shall include the following:
2.1 2.1.1 A detailed descriptionof the Services to be provided;
2.1.2 The positionof each person to be assigned to perform the Services, and the name of the individualsto be assigned, ifavailable;
ATTACHMENT A
2.1.3 The estimated number of hours and cost to complete the Services; and
2.1.4 The time needed to finishthe specificproject.
No Services shallbe provided untilthe ProjectAdministratorhas provided writtenacceptance of the Letter Proposal. Once authorized to proceed, Contractor shall diligentlyperform the duties inthe approved LetterProposal.
2.2 3. TIME OF PERFORMANCE
Time isof the essence inthe performance of Services under thisAgreement and Contractor shallperform the Services in accordance with the schedule included in Exhibit A and the Letter Proposal. In the absence of a specificschedule, the Services shall be performed to completion in a diligentand timely manner. The failureby Contractor to strictlyadhere to the schedule set forthin ExhibitA and the LetterProposal, ifany, or perform the Services in a diligentand timelymanner may resultin termination of thisAgreement by City.
3.1 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 forthe Project,each party hereby agrees to provide noticewithintwo (2)calendar days of the occurrence causing the delay to the other party so that alldelays can be addressed.
Contractor shallsubmit allrequests forextensions of time for performance in writingto the Project Administrator as defined herein,not laterthan two (2) calendar days afterthe startof the conditionthat purportedly causes a delay. The Project Administratorshallreview allsuch requests and may grant reasonable time extensions forunforeseeable delays thatare beyond Contractor’scontrol.
For alltime periods not specificallysetforthherein.Contractor shallrespond in the most expedient and appropriate manner under the circumstances, by fax, hand- delivery or mail.
3.2 3.3
3.4 4. COMPENSATION TO CONTRACTOR
City shall pay Contractor for the Services on a time and expense not-to- exceed basis in accordance with the provisions of thisSection and the LetterProposal and the Schedule of BillingRates attached hereto as ExhibitB and incorporated herein by reference. Except as otherwise provided herein,no ratechanges shallbe made during the term of this Agreement without the prior written approval of City. Contractor’s compensation forallServices performed in accordance with thisAgreement, includingall reimbursable items, shallnot exceed One Million Eight Hundred Thousand Dollars and 00/100 ($1,800,000.00),withoutpriorwrittenamendment to the Agreement.
Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor’s billsshall include the name and/or classificationof employee who performed the Work, a briefdescription of the Services performed and/or the specifictask inthe Scope of Services to which itrelates,the date
4.1 4.2
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the Services were performed, the number of hours spent on allWork billedon an hourly basis,and a descriptionof any reimbursable expenditures. City shallpay Contractor no laterthan thirty(30) calendar days afterapproval of the monthly invoiceby City staff.
Cityshallreimburse Contractoronly forthose costs or expenses specifically identifiedin ExhibitB to thisAgreement and the LetterProposal, or specificallyapproved inwritinginadvance by City.
Contractor shallnot receive any compensation for Extra Work performed without the priorwrittenauthorizationof City. As used herein,“Extra Work” means any Work thatisdetermined by Cityto be necessary forthe 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 forany authorized Extra Work shallbe paid in accordance with ExhibitB and the LetterProposal.
4.3 4.4
5. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shallbe availableto City at allreasonable times during the Agreement term. Contractor has designated Victor Bustamonte to be its Project Manager. Contractor shallnot remove or reassign the Project Manager or any personnel listedin ExhibitA or assign any new or replacement personnel to the Project without the priorwritten consent of City. City’s approval shall not be unreasonably withheld with respect to the removal or assignment of non-key personnel.
Contractor,at the sole discretionof City,shallremove from the Projectany of itspersonnel assigned to the performance of Services upon written request of City.
Contractor warrants thatitwillcontinuouslyfurnishthe necessary personnel to complete the Project on a timely basis as contemplated by thisAgreement.
5.1 5.2
6. ADMINISTRATION
This Agreement willbe administered by the Public Works Department. City’s Directorof PublicWorks or designee shallbe the ProjectAdministrator and shall have the authorityto act for City under thisAgreement. The Project Administrator shallrepresent City in allmatters pertainingto the Services to be rendered pursuant to thisAgreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of itsresponsibilitiesunder thisAgreement, City agrees to provide access to and upon request of Contractor, one copy of allexisting relevant informationon fileat City. City willprovide allsuch materials in a timely manner so as not to cause delays in Contractor’sWork schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
Contractor shalluse only the standard materials described in Exhibit A in performing Services under thisAgreement. Any deviationfrom the materials described
8.1 Superior Pavement Markings, LLC Page 3
in Exhibit A shall not be installed or utilized unless approved inadvance and inwritingby the ProjectAdministrator.
Allof the Services shallbe performed by Contractor or under Contractor’s supervision. Contractor represents that itpossesses the personnel required to perform the Services required by thisAgreement, and that itwillperform allServices in a manner commensurate with community professional standards and with the ordinary degree of skilland care thatwould be used by other reasonably competent practitionersof the same disciplineunder similarcircumstances. AllServices shallbe performed by qualifiedand experienced personnel who are not employed by City. By deliveryof completed Work, Contractor certifies that the Work conforms to the requirements of thisAgreement, all applicablefederal,stateand locallaws and legallyrecognized professionalstandards.
Contractor represents and warrants to Citythat ithas, shall obtain and shall keep in fullforce and effectduring the term hereof, at itssole cost and expense, all licenses, permits, qualifications,insurance and approvals of whatsoever nature that is legallyrequiredof Contractor to practiceitsprofession. Contractor shallmaintain a City of Newport Beach business licenseduring the term of thisAgreement.
Contractor shall not be responsible for delay, nor shall Contractor be responsible fordamages or be indefaultor deemed to be indefaultby reason of strikes, lockouts, accidents, acts of God, or the failureof City to furnishtimely information or to approve or disapprove Contractor’sWork promptly,or delay or faultyperformance by City, contractors,or governmental agencies.
8.2 8.3
8.4 RESPONSIBILITY FOR DAMAGES OR INJURY9.
City and allofficers,employees and representatives thereof shall not be responsible in any manner forany loss or damage to any of the materialsor other things used or employed in performing the Projector for injuryto or death of any person as a resultof Contractor’s performance of the Services required hereunder; or fordamage to property from any cause arisingfrom the performance of the Project by Contractor,or its subcontractors, or itsworkers, or anyone employed by eitherof them.
9.1 Contractor shall be responsible for any liabilityimposed by law and for injuriesto or death of any person or damage to property resulting from defects, obstructionsor from any cause arisingfrom Contractor’sWork on the Project,or the Work of any subcontractoror supplierselected by Contractor.
To the fullestextent 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 allclaims (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 arisefrom or inany manner relate (directlyor indirectly)to any breach of the terms and conditions of thisAgreement, any Work performed or Services provided under thisAgreement including,without limitation.
9.2 9.3
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defects inworkmanship or materialsor Contractor’spresence or activitiesconducted on the Project (includingthe negligent and/or willfulacts, errors and/or omissions of Contractor, itsprincipals,officers,agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directlyor indirectlyby any of them or for whose acts they may be liableor any or allof them).
Notwithstanding the foregoing,nothing herein shallbe construed to require Contractor to indemnify the Indemnified Parties from any Claim arisingfrom the sole negligence or willfulmisconduct of the Indemnified Parties. Nothing inthisindemnity shall be construed as authorizingany 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 policiesare applicable. The policy limitsdo not act as a limitationupon the amount of indemnificationto be provided by Contractor.
Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to theiroriginalcondition and former usefulness as soon as possible,and to protect public and privateproperty.
Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or itsagents.
To the extent authorized by law, as much of the money due Contractor under and by virtueof the Agreement as shallbe considered necessary by City may be retained by ituntildispositionhas been made of such suits or claims for damages as aforesaid.
9.4 9.5
9.6 The rights and obligations set forth in this Section shall survive the terminationof thisAgreement.
9.7 10. INDEPENDENT CONTRACTOR
Itis understood that City retainsContractor on an independent contractor basis and Contractor isnot 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 limitedby statute,rule or regulation and the expressed terms of thisAgreement. No civilservice status or other rightof employment shallaccrue to Contractor or itsemployees. 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 responsibilityfor and control over the means of performing the Work, provided that Contractor isin compliance with the terms of thisAgreement. Anything in thisAgreement that may appear to give Citythe rightto direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only thatContractor shallfollowthe desires of City with respect to the resultsof the Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fullywith City’s designated ProjectAdministrator and any other agencies that may have jurisdictionor interestinthe 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 relatingto policy and Project directionwith City’sProjectAdministratorinadvance of allcriticaldecision points inorder to ensure the Projectproceeds in a manner consistentwith 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,activitiesperformed and planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limitingContractor’sindemnificationof City,and priorto commencement of Work, Contractor shallobtain, provide and maintain at itsown expense during the term ofthisAgreement or forother periods as specifiedinthisAgreement, policiesof insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as ExhibitC, and incorporated herein by reference.
15. BONDING
15.1 Contractor shallobtain, provide and maintain at itsown expense during the term of thisContract both of the following:(1)a Faithful Performance Bond in the amount of one hundred percent (100%) of the totalamount to be paid Contractor as set forthin this Contract in the form attached as Exhibit B and incorporated herein by reference;and (2) a Labor and Materials Payment Bond inthe amount of one hundred percent (100%) of the totalamount to be paid Contractor as set forth in this Contract and in the form attached as ExhibitA 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) currentlyauthorized by the Insurance Commissioner to transact business of insurance in the State of California,(2) listedas an acceptable surety in the latestrevisionof the Federal Register Circular570, and (3)assigned a Policyholders'Rating A- (orhigher)and FinancialSize Category Class VII (or larger)in accordance with the latesteditionof Best's Key Rating Guide: Property- Casualty.
15.3 Contractor shall deliver,concurrently with execution of this Contract, the FaithfulPerformance Bond and Labor and Materials Payment Bond, and a certifiedcopy of the “Certificateof Authority” of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance inthe 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 craftor type of workman needed to execute the Work contemplated under the Agreement shallbe paid to allworkmen employed on the Superior Pavement Markings, LLC Page 6
Work to be done according to the Agreement by the Contractor and any subcontractor.
In accordance with the CaliforniaLabor Code (Sections 1770 et seq.),the Director of IndustrialRelationshas ascertainedthe general prevailingrate of per diem wages inthe localityin 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 isavailableby callingthe prevailingwage hotlinenumber (415) 703-4774, and requesting one from the Department of IndustrialRelations. The Contractor isrequired to obtain the wage determinations from the Department of IndustrialRelations and post at the job site the prevailingrateor per diem wages. Itshallbe the obligationof the Contractor or any subcontractor under him/her to comply with allState of California labor laws, rules and regulationsand the partiesagree thatthe City shallnot be liableforany violationthereof.
16.2 Unless otherwise exempt by law. Contractor warrants that no contractor or subcontractor was listedon the bid proposal for the Services that itis not currently registered and qualifiedto perform public work. Contractor further warrants that it is currentlyregistered and qualifiedto perform “publicwork” pursuant to CaliforniaLabor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor willengage inthe performance of the Services unless currentlyregistered and qualifiedto perform publicwork.
PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS17.
Except as specificallyauthorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the priorwrittenapproval of City. Any of the followingshallbe construed as an assignment: The sale,assignment, transferor other dispositionof any of the issued and outstanding capitalstock of Contractor,or of the interestof any general partner or jointventurer or syndicate member or cotenant ifContractor isa partnershipor joint-ventureor syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fiftypercent (50%) or more of the votingpower or twenty-five percent (25%) or more of the assets of the corporation,partnership or joint-venture.
18. SUBCONTRACTING
The subcontractors authorized by City,ifany, to perform Work on thisProject are identifiedin ExhibitA and the Letter Proposal. Contractor shall be fullyresponsible to City for allacts and omissions of any subcontractor. Nothing in this Agreement shall create any contractualrelationshipbetween City and any subcontractor nor shallitcreate any obligationon 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 beneficiaryof any Work performed by the subcontractor for purposes of establishinga duty of care between the subcontractor and City. Except as specificallyauthorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the priorwrittenapproval 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, Superior Pavement Markings, LLC Page 7
itsofficers,employees, agents and subcontractors, in the course of implementing this Agreement, shallbecome the exclusivepropertyof City,and City shallhave the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall,at Contractor’sexpense, provide such Documents to City upon priorwrittenrequest.
20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shallbe kept confidential unless Cityexpressly authorizes inwritingthe 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,fora minimum period of three (3)years, or for any longer period required by law, from the date of finalpayment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shallallow a representativeof City to examine, audit and make transcriptsor copies of such records and invoicesduring regularbusiness 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 finalpayment to Contractor under thisAgreement.
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 constitutea failureto pay according to the terms of thisAgreement. Contractor shallnot discontinue Work as a resultof such withholding. Contractor shall have an immediate rightto appeal to the City Manager or his/herdesignee 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 itsinvestments during the time period, from the date of withholding of any amounts found to have been improperly withheld.
CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS23.
City reserves the rightto employ other contractorsin connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Contractor or its employees may be subject to the provisions of the CaliforniaPoliticalReform 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 materiallyaffected by the Work performed under thisAgreement, and (2) prohibit such persons from making, or participatingin making, decisions that will foreseeably financiallyaffectsuch interest.
24.2 Ifsubject to the Act and/or Government Code §§ 1090 et sea.. Contractor shallconform to allrequirements therein. Failureto do so constitutes a material breach and is grounds for immediate terminationof thisAgreement by City. Contractor shall indemnify and hold harmless City for any and allclaims for damages resultingfrom 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 thisAgreement shallbe given inwriting, and conclusively shall be deemed served when delivered personally, or on the third business day afterthe deposit thereof in the United States mail, postage prepaid, first- class mail,addressed as hereinafterprovided.
25.2 Allnotices,demands, requests or approvals from Contractor to City shallbe addressed to City at:
Attn: Director of Public Works
Public Works Department
City of Newport Beach
100 Civic Center Drive
PC Box 1768
Newport Beach, CA 92658
25.3 Allnotices,demands, requests or approvals from Cityto Contractor shallbe 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 itsfinalrequest forpayment under thisAgreement, Contractor shallsubmit to City, inwriting,allclaims forcompensation under or arisingout ofthisAgreement. Contractor’s acceptance of the finalpayment shallconstitutea waiver of allclaims for compensation under or arising out of this Agreement except those previously made in writing and identifiedby Contractor inwritingas unsettledat the time of itsfinalrequest forpayment.
Contractor and City expressly agree that in additionto any claims filingrequirements set forthinthe Agreement, Contractor shallbe required to fileany claim Contractor may have against City in strictconformance 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 statutethereto,the Parties agree to follow the dispute resolutionprocess set forththerein. Any part of such “Claim” remaining in dispute aftercompletion of the dispute resolutionprocess provided forin Public Contract Code section 9204 or any successor statutethereto shall be subject to the Government Superior Pavement Markings, LLC Page 9
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 shallbe required to filesuch claim with the City in strictconformance with the Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 Inthe event thateitherpartyfailsor refuses to perform any of the provisions of thisAgreement at the time and inthe manner required,that party shall be deemed in defaultinthe performance of thisAgreement. Ifsuch default isnot cured within a period of two (2) calendar days, or ifmore than two (2) calendar days are reasonably required to cure the default and the defaulting party failsto give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifyingthe nature of such defaultand the steps necessary to cure such default,and thereafterdiligentlytake steps to cure the default,the non-defaultingparty may terminate the Agreement forthwithby givingto the defaultingparty writtennoticethereof.
27.2 Notwithstanding the above provisions.City shallhave the right,at itssole and absolute discretionand without cause, of terminatingthisAgreement at any time by giving no less than seven (7) calendar days' priorwritten notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorilyperformed and costs incurredup tothe effective date of termination for which Contractor has not been previouslypaid. On the effectivedate of termination. Contractor shall deliver to City all reports. Documents and other information developed or accumulated inthe performance of thisAgreement, whether in draft or final form.
28. LABOR
28.1 Contractor shallconform with allapplicable provisions of state and federal law including,but not limitedto,applicableprovisionsof the federal Fair Labor Standards Act (“FLSA”) (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 allpersons working under this Agreement are verifiedto be U.S. citizensor persons legallyauthorized to work in the United States.
28.4 To the fullestextent permitted by law. Contractor shall indemnify, defend, and hold harmless City, itsCity Council, boards and commissions, officers,agents, volunteers, and employees from loss or damage, includingbut not limitedto attorneys’ fees, and other costs of defense by reason of actual or alleged violationsof any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligationshall survive the expirationand/or terminationof the Agreement.
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29. STANDARD PROVISIONS
29.1 Recitals.Cityand Contractoracknowledge thatthe above Recitals are true and correctand are hereby incorporated by reference.
29.2 Compliance with allLaws. Contractor shall,at itsown cost and expense, comply with allstatutes,ordinances, regulationsand requirements of allgovernmental entities,includingfederal,state,county or municipal,whether now in force or hereinafter enacted. In addition,allWork prepared by Contractor shallconform to applicableCity, county, stateand federallaws, rules,regulationsand permitrequirements and be subject to approval of the ProjectAdministratorand City.
29.3 Waiver. A waiver by eitherparty 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 fulland complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminarynegotiationsand agreements ofwhatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shallbe held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflictsor inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto,the terms of thisAgreement shallgovern.
29.6 Interpretation,
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 constructionwhich might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a writtendocument executed by both Contractor and Cityand approved as to form by the CityAttorney.
The terms of this Agreement shall be construed in
29.8 Severability.Ifany term or portionof thisAgreement is held to be invalid, illegal,or otherwise unenforceable by a court of competent jurisdiction,the remaining provisionsof thisAgreement shallcontinue infullforce and effect.
29.9 Controlling Law and Venue. The laws of the State of Californiashallgovern this Agreement and allmatters relatingto itand any action brought relatingto this Agreement shall be adjudicated in a court of competent jurisdictionin the County of Orange, State of California.
29.10 Equal Opportunity Employment. Contractor represents that itis an equal opportunity employer and itshall not discriminate against any subcontractor, employee or applicant for employment because of race, religiouscreed, 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. Inthe event of any disputeor legalactionarisingunder thisAgreement, the prevailingparty shallnot be entitledto attorneys’fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts,each of which shallbe deemed an originaland allof which together shall constituteone (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the partieshave caused thisAgreement to be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY’S OFFICE
II//3/?
CITY OF NEWPORT BEACH,
a Californiamunicipal corporation
Date:
-Qote...Agiron C. Harp D
City Attorney
By: By:cu.
Joe Stapleton
Mayor
ATTEST:
Date:
CONTRACTOR:
SUPERIOR PAVEMENT MARKINGS,
LLC, a Delaware corporation
Date:
By: By:.
Lena Shumway
City Clerk
Darren Veltz
Managing Member
[END OF SIGNATURES]
Attachments: ExhibitA - Scope of Services
ExhibitB - Schedule of BillingRates
ExhibitC - Insurance Requirements
ExhibitD - Labor and MaterialsPayment Bond
Exhibit E - Faithful Performance Bond
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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
Allwork necessary for the completion of thiscontractshallbe done in accordance with these Specifications.
INTENT
Consultant shallprovide on-callroadway sign and stripingmaintenance, repairand installationserviceson an as-requested basisthroughout the City.
DESCRIPTION OF WORK
• Furnish allmaterials,labor,tools,expendable equipment, trafficcontrol,transportationand product handling,deliveryand storage necessary to complete project(s)forthe maintenance, repairand installationof roadway signsand stripingas described herein including,but not limitedto,the following:
Provide sign maintenance, repairand installationutilizingCityor Contractor provided signson existingor Contractor-installedposts or poles as specifiedby City; Provide roadway stripingmaintenance, repairand installationusing paint,thermoplastic, or other material as specifiedby City;
Provide pavement markings installationusing paint,thermoplastic,pre-cut thermoplastic,or other material as specifiedby City;
Provide curb marking maintenance, repairand installationusing paint or other material as specifiedby City;and
Provide installationof metal beam guardrailsincludingend pieces and wooden posts and removal and disposalof damaged guardrailas specifiedby City. o
o
o
o
o
WORKING HOURS
• Normal working hours shallbe between the hours of 7:00 a.m. and 4:30 p.m., Monday through Friday.
Work outside of normal working hours, includingnight,Saturday, Sunday, or holiday must be approved by the Citypriorto being scheduled; and
• Emergency work, as requested by City,may be exempt from the requirements listedabove.
Repair Visits
Non-Emergency Work - Allnon-emergency work must be authorized by the contract manager through a signed letterproposal and billedinaccordance with the cost filein this contract.
Emergency Repair Work - Emergency repairs may be authorized by the contract manager through verbal authorizationwhen necessary and must be billedin accordance with the cost fileoutlined in this contract.
Service Proposal Requirements
When the need forservice arises,the Contractor shallprovide a writtenproposal, including:
• A detaileddescriptionof the servicesto be provided.
• The positionof each person assigned to perform the services. • The estimated number of hours and cost (includingparts and material)to complete the services.
• The time needed to complete the specificproject.
No services shallcommence untilthe projectmanager has provided writtenacceptance of the proposal.Once authorized,the Contractorshalldiligentlyperform the services in compliance with the contractterms. Should the proposal terms vary,the agreement terms willsupersede.
Contractor Supplied Equipment
The Contractor shallsupply alltransportation,toolsand equipment necessary forcompleting allwork relatedto provided services,covered withinthe hourlylabor cost (e.g.,vehicles,fuelsurcharge, deliveryor equipment, miscellaneous materialsneeded for maintenance, tools of the trade,etc.).
Rental equipment needed foron-callrepairsmust be approved priorto use and substantiatedwith rentalreceiptsforinvoicing(e.g.,scissorlifts,boom lifts,cranes, etc.).
Replacement Equipment, Parts, Materials,and Equipment Rentals Allreplacement equipment, parts,materials,and equipment rentalsmay be supplied by the Contractor at a contracted markup as shown inthe Cost File.Receipts may be required at the time of invoicingto substantiatethe percentage markup, with allcharges at cost plus no more than a 15% markup. Labor rates forinstallationshallbe charged at the standard labor rate specifiedinthe Cost File.
Service callswillbe initiatedby City staff,with no guarantee or implicationof any specificquantityof service callwork during the contractterm.
Invoicing
All invoices for on-call services must include:
Briefdescriptionof the work performed
Date the serviceswere performed
Number of hours spent on allwork billedon an hourlybasis Descriptionof any reimbursable expenditures (materials,rentalequipment, etc.) Contracted labor rate
Shall include the name and the classification of the employee who performed the work Materialpercentage markup
Invoicesshallbe submitted monthly.Receipts may be required at the time of invoicingto substantiate percentage markup. Allshallbe charged at cost plus no more than a 15% markup. Labor rates shall includesupplies(e.g.miscellaneous supplies,rags,tape, , personal protectiveequipment (PPE), and sundries).Labor ratesshallbe charged at the standard labor ratespecifiedinthe Cost File.
Response Requirements
• Callback withinninety(90) minutes afterthe initialrequest from the Cityforon-callservices. • Availabilityforsame-day response, includingafterhours, weekends, and holidays. • Contractorshallbe available24 hours a day, 7 days a week. • Arrivalwithinfour (4) hours afterinitialcallback.
Workmanship & Materials
The Contractor shallprovide alllabor and materialsrequired forthe successful completion of a projector work.
Labor ratesshallincludesupplies(e.g.miscellaneous supplies, rags, tape, tools,personal protectiveequipment, and sundries).
The Citymay reimburse the Contractorformaterialsprocured, analyzed case-by-case, and agreed upon inthe Contractor’sproposal before work commences. Markup for materials is limitedto cost plus a maximum of 15%.
Receipts may be requiredforreimbursement formaterialspurchased forprojects.
The Cityreserves the rightto specifythe type of materialand/or equipment purchased per project.Allequipment and materialpurchases must be pre-approved by the ProjectManager or designee.
The Cityreservesthe rightto purchase materialsdirectlyand provide them to the Contractor.
In such cases, the followingconditionsapply:
o The Contractor shallconform to allCity practicesand procedures, o AllCity purchases are forthe sole expressed use of and forthe City, o The Contractorshallsecure, 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'sactual cost forthe materials provided and used.
The Contractor shallmaintain work areas with a well-manicured, clean appearance, and all work shallbe performed ina professionalmanner using qualityequipment.
The Contractorshallbe responsibleforany damages to publicand/or privateproperty caused during the course of the work.
• The Contractor shallrecognize thatduring thisAgreement, the City may have other contractorsconducting other activitiesand/or operations inthe immediate vicinityof requested work. Contractor shallmake every effortto coordinate activitieswith existingoperations.
Other activitiesmay include,but are not limitedto,the following:
Landscape refurbishment
- Modificationor repairof existingfacilities
- Construction; and
- Storm relatedoperations
• Alltoolsand materialsshallalways remain inContractor’spossession. • AllContractor vehicles parked on siteshallalways be secure. • Contractor shallensure allprecautions forsafetyare taken. • Contractor shallobtain necessary buildingpermits at no cost when required. • As required.Contractor shallprovide trafficcontrolper the latesteditionof the Manual on Uniform TrafficControl Devices (MUTCD) “Watch Manual.”
• The Contractor isresponsible forallunderground service alertspriorto digging (DigAlert).
QUALITY OF WORK AND MATERIALS
All materials and installation methods shall conform with the latestCityStandard Specifications, CaliforniaManual of Uniform TrafficControl Devices (CA MUTCD), American PublicWorks Association (APWA) Specificationsand Standard Plans,CaltransStandard Plans/Specificationsand/or other specificationsas deemed appropriate by City;
Allmaterial and equipment furnished by the Contractor shallbe new, high grade, and free from defects and imperfections.Workmanship shallbe inaccord with the highest industry standards. Both materialsand workmanship shallbe subject to the approval of the City.
Allwork shallmeet with the approval of the City'srepresentative.Any specificitem which does not meet the conditionsof the specificationsset forth herein shall be called to the attention of the Contractor's Project Manager. Payment to the Contractor may be withheld by Cityuntilcondition is corrected ina satisfactorymanner as set forth inthe specifications.
RESPONSIBILITY FOR DAMAGES
• Any damage by Contractor,includingthat which occurs outside the work area,shallbe repaired or replaced as directed at no additionalcost to the City.
RECORDS
• Contractor shallkeep records and invoices in connection with the Services performed under the Agreement. Contractor shallmaintain 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 forany longer period required by law, from the date of final payment to Contractor under the Agreement. Allsuch records and invoicesshallbe clearly identifiable.Contractor shallallow a representativeof Cityto examine, audit and make transcriptsor copies of such records and invoicesduring regularbusiness hours. Contractor shallallow inspectionof allWork, data, Documents, proceedings and activitiesrelatedto the Agreement fora period of three (3)years from the date of finalpayment to Contractorunder thisAgreement.
SAFETY REQUIREMENTS
• Allwork performed under thiscontract shallbe performed in such a manner as to provide maximum safetyto the publicand where applicablecomply with allsafetystandards required by CAL-OSHA. The Cityreserves the rightto issuerestraintor cease and desist orders to the Contractor when unsafe or harmful actsare observed or reported relativeto the performance under thiscontract.Allcontractor employees shallhave access to the latestrevisionof the Work Area TrafficControl Handbook (WATCH) at all times.
• Contractor'sfieldpersonnelshallwear easilyrecognizableuniforms containingContractor'sname.
Contractorshallbe responsibleforsupplyingallappropriatepersonal protectiveequipment.
Contractor'semployees shallbe trained in health and safety per CALOSHA. • The Contractor shall maintain all work sites free of hazardsto persons and/or property resultingfrom his/heroperations.Any hazardous conditionnoted by the Contractor, which isnot a resultof his/her operations,shallbe immediately reported to the City.
ROAD CLOSURES, DETOURS AND TRAFFIC CONTROL
Trafficcontrol layout and devices shallconform with the latest revision of the Work Are Traffic Control Handbook (WATCH) and the CaliforniaManual of Uniform TrafficControl Devices (CA MUTCD).
Contractor shallobserve and maintain deployed trafficcontroldevices during the work. Additional trafficcontrolshallbe deployed to encourage proper work area safetyas needed and/or directedby City.
Ifthe Contractor failsto provide and installtrafficcontroldevicesas required by thissection.Citymay shut down Contractor'swork or may have trafficcontroldevices placed by others and charge the cost of the trafficcontroldeployment againstthe Contract..
Beacon lightingvisiblefrom behind the vehiclewillbe installedon vehiclesworking along City roadways.
The schedule forany work requiringsignificantroad closures or detours shall be coordinated with the Citya minimum of 72 hours priorto the beginning of work.
At the discretionof the City,Contractor may be required to furnisha trafficcontrolplan for planned work. Ifrequested, a trafficcontrol plan shallbe submitted to Cityten (10)days priorto the startof work.
At the discretionof City,work hours and or/trafficcontrol layout may be changed to improve work area safetyand/or reduce trafficdelays/impactsto the travelingpublic.
TECHNICAL SPECIFICATIONS
Trafficsignsshallbe installedper CityStandard Plan STD-924-L; Underground ServiceAlert(USA) shallbe contacted priorto installationof sign posts/polesand/or other below-grade item;
Contractor-furnishedsignsshallbe of standard size,construction,text and message per the CA MUTCD and State of Californiaspecifications,unless otherwise specifiedby City; Alltrafficstripesand markings shallconform with the CA MUTCD and State of California Standard Specificationsand Plans insize,color,shape, and layout unless otherwise specifiedby City; Conflictingstriping/pavement markings shallbe removed by wet sandblasting or City-approved alternative;
• Reflectorizedpavement markers shallbe 3M Series290 or have glasscovered face and City-approved equivalent;
• Trafficstripingpaintshallbe Pervo PTWB-01, #7004 or approved equivalent • TrafficstripingThermoplastic shallbe 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-Flintor City-approved equivalent;
• Curb marking maintenance (same coloras existing)may be painted over existingmarkings and shallbe the same length as existing,unless otherwise specifiedby City; • When curb markings are to be removed, existingpaintshallbe removed by wet sandblastingor other City-approved method.
• Curb marking Paintshallbe American TrafficProducts fastdry 180 seriespaint or approved equal.
Colors shallbe Red, White, Yellow, Green, Blue, Black and LightGrey; and • Curb marking stencilshallbe four inches in height.
EXHIBIT B
SCHEDULE OF BILLING RATES
Superior Pavement Markings, LLC Page B-1
Printed 10/21/2025
CityofNewport Beach
On-CallRoadway Sign& StripingMaintenance.Repair,& Installation(9937-1),brddingon 10/21/20252.00 PM (POT) UOM QTY Unit Price LineToUl Response CommentItem DescriptionItem # item Code Type Striping $4«9,97«.00
4-inchDouble Yellow •(RepaintOne Coat over Existing) LF 1000 $0.2« $280.00 Yes1 4*lnch Double Yellow -InstallNew (Thermoplastic) S1.2S $1,250.00LF 1000 Yes2 4 inch Broken Double Yellow - (Repaint One Coat over Existing) LF 1000 $0.26 $280.00 Yes3 4 inch Broken Double Yellow - InstallNew (Thermoplastic) LF 1000 $1.20 $1,200.00 Yes4 4-inchSkip Yellow >(RepaintOne Coat over Existing) $180.00LF 1000 $0.18 Yess 4-inch Skip Yellow -InstallNew (Thermoplastic) LF $0.65 $650.00 Yes10006 4-inch Solid Yellow •(Repaint One Coat ever Existing) LF 1000 $0.18 $180.00 Yes7 4-inch Solid Yellow -InstallNew (Thermoplastic) LF 1000 $0.76 $760.00 Yes8 4-inchSkip White • (RepaintOne Coat over Existing) $0.12LF 1000 $120.00 Yes9 4-inchSkip White - installNew (Thermoplastic) LF $0.65 $650.0010 1000 Yes 4-inchSolidWhite • (RepaintOne Coat ever Existing) LF 1000 $0.12 $120.00 Yes11 4-inch Solid White - InstallNew (Thermoplastic)12 LF 1000 $0.65 $650.00 Yes 6-inchDouble Yellow -(Repaint One Coat over Existing) $0.2613 LF 50000 $13,000.00 Yes 6-inch Double Yellow • InstallNew (Thermoplastic) LF 50000 $1.60 $80,000.0014 Yes 6 inch Broken Double Yellow •(Repaint One Coat over Existing)15 LF 20000 $0.24 $4,800.00 Yes 6 inch Broken Double Yellow • InsUll New (Thermoplastic)16 LF 20000 $1.55 $31,000.00 Yes 17 6-inchSkip Yellow • (RepaintOne Coat over Existing) LF $0.2025000 $5,000.00 Yes 6-inchSkip Yellow • installNew (Thermoplastic)18 LF 25000 $0.75 $18,750.00 Yes 6-inch Solid Yellow - (Repaint One Coat ever Existing)19 LF 3500 $0.20 $700.00 Yes B-inchSolidYellow • installNew (Thermoplastic)20 LF 3500 $0.95 $3,325.00 Yes 6-lnchSolidWhite - (RepaintOne Coat over Existing)21 $0.20 $2,000.00LF 10000 Yes 6-inch Solid White • InstallNew (Thermoplastic)22 LF 10000 $0.95 $9,500.00 Yes 23 6-lnchSkip White - (RepaintOne Coat over Existing) LF $15,000.00100000 $0.15 Yes 6-inchSkip White - InstallNew (Thermoplastic)24 LF $75,000.00100000 $0.75 Yes 8-inch Skip white - (Repaint One Coat over Existing)25 LF 2500 $0.30 $750.00 Yes 26 8-inchSkip White - InstallNew (Thermoplastic) LF 2500 $1.45 $3,625.00 Yes 8-inchSoUd White -(RepaintOne Coat over Existing)27 LF 30000 $030 $9,000.00 Yes 8-inchSoUd White -InstallNew (Thermoplastic)28 LF 30000 $1.65 $49300.00 Yes 12-inchSoUd Yellow -(Repaint One Coat over Existing)29 LF 1000 $230 $2300.00 Yes 12-inch Solid YeUow - InstallNew (Thermoplastic)30 LF 1000 $3.85 $3,850.00 Yes 12-inchSolidWhite -(RepaintOne Coat over Existing)31 LF 20000 $2.50 $50,000.00 Yes 12-inchSolidWhite -InstallNew (Thermoplastic)32 LF 20000 $3.85 $77,000.00 Yes 3-Foet Yield Line (sharks-Foot teeth) • (Repaint One Coat over Existing)33 LF 50 $25.00 $i,25aoo Yes 3-Foot Yield Line (sharks-Footteeth)- InstallNew (Thermoplastic)34 $75.00LF 50 $3,750.00 Yes Single Line Parking Stall• (RepaintOne Coat over Existing)35 EA 1000 $1.20 $1,200.00 Yes Single Line Parking Stall- InstallNew (Thermoplastic)36 EA 1000 $2.40 $2,400.00 Yes Double Line Parking Stall-(Repaint One Coat over Existing)37 $4,800.00EA 2000 $2.40 Yes Double Line Parking Stall-installNew (Thermoplastic)38 EA 2000 $9,200.00$4.60 Yes Remove ExistingStriping(Wet Sandblast)- (RepaintOne Coat ever Existing)39 LF 100 $8.88 $888.00 Yes Remove Existing Striping (Wet Sandblast) - InstallNew (Thermoplastic) $888.0040 LF 100 $8.88 Yes Striping Minimum*41 MINIMUM 1 $5,000.00 $5,000.00 Yes
Pavement Markings $269,772.00
12-Feot Letter- (RepaintOne Coat ever Existing)42 SF 1000 $15.00 $15,000.00 Yes 12-Foet Letter - InstallNew (Thermoplastic)43 SF 1000 $30.00 $30,000.00 Yes 8-Feet Letter -(Repaint One Coat ever Existing) SF 7000 $3.64 $25,480.00 Yes 8-Foot Letter -InsUll New (Thermoplastic)45 SF 7000 $12.72 $89,040.00 Yes Turn Arrows (Type l/tV/VII/VIII)• (RepaintOne Coat ever Existing)46 SF 5000 $2.66 $13300.00 Yes 47 Turn Arrows (Type l/fV/VII/V1ll)- insUU New (Thermoplastic) $233004MSF 5000 $4.66 Yes Elongated TUm Arrovrs (Type ll/lll)- (Repaint One Coat ever Existing)48 SF 1000 $2.66 $2,660.00 Yes PlanetBids
Cityof Newport Beach
On-CallRoadway Sign & StripingMaintenance, Repair,& Installation(9937-1),biddingon 10/21/2025 2:00 PM (POT)
Printed 10/21/2025
Item # Item Cede Type Item Description
Elongated Turn Arrows (Type ll/lll)-InstallNew (Thermoplastic) UOM QTY Unit Price Line Total Response Comment
49 SF 1000 $4.6« $4,560.00 Yes
Bike Lane Arrow •(RepaintOne Coat over Existing)50 SF 500 $2.66 $U30.00 Yes Bike Lane Arrow - InstallNew (Thermoplastic)51 SF $4.66500 $24303)0 Yes 52 Handicap Symbol - (RepaintOne Coat over Existing) SF $55.00 $5400.00100 Yes 53 Handicap Symbol - InstallNew (Thermoplastic) SF 100 $185.00 $18,500.00 Yes 54 Bike Lane Legend 8>Arrow -(Repaint One Coat over Existing) SF 500 $7.14 $3470.00 Yes 55 Bike Lane Legend ItArrow - InstallNew (Thermoplastic) SF 500 $15.71 $7,8553)0 Yes 56 Shared Lane Marking (Sharrow) • (Repaint One Coat over Existing) SF 500 $7.14 $3470.00 Yes 57 Shared Lane Marking (Sharrow) - installNew (Thermoplastic) SF 500 $15.71 $7,855.00 Yes Green Bike Lane/Sharrow Background (MMA) •(RepaintOne Coat over Existing)58 SF 50 $20.00 $1,000.00 Yes 59 Green Bike Lane/Sharrow Background (MMA) - InstallNew (Thermoplastic) SF 50 $20.00 $1,000.00 Yes Speed LimitNumber - (Repaint One Coat over Existing)60 SF 100 $3.64 $364.00 Yes Speed LimitNumber - installNew (Thermoplastic)61 SF 100 $12.72 $1472.00 Yes 62 Continental Crosswalk •(Repaint One Coat over Existing) SF 50 $240 $125.00 Yes Continental Crosswalk - InstallNew (Thermoplastic)63 SF 50 $4.00 $200.00 Yes 64 Ladder Crosswalk - (RepaintOne Coat over Existing) SF 50 $2.50 $125.00 Yes 65 Ladder Crosswalk - InstallNew (Thermoplastic) SF 50 $4.00 $200.00 Yes Diagonal Crosswalk -(RepaintOne Coat ever Existing)66 SF 25 $2.50 $6240 Yes Diagonal Crosswalk • installNew (Thermoplastic)67 SF 25 $4.00 $100.00 Yes 68 Speed Bump Markings -(Repaint One Coat ever Existing) SF $114025 $28740 Yes 69 Speed Bump Markings •installNew (Thermoplastic) SF 25 $1745 $436.25 Yes Additional Pavement Markings - (Repaint One Coat over Existing)70 SF 25 $1140 $28740 Yes 71 Additional Pavement Markings - InstallNew (Thermoplastic) SF 25 $1745 $436.25 Yes Green Thermoplastic LOOK Stencil• (Repaint One Coat over Existing)72 SF 50 $183)0 $900.00 Yes Green Thermoplastic LOOK Stencil- InstallNew (Thermoplastic)73 SF 50 $45.00 $2450.00 Yes Remove Existing Pavement Marking (Wet Sandblast) •(Repaint One Coat over Existing)74 SF 100 $8.88 $888.00 Yes 75 Remove ExistingPavement Marking (Wet Sandblast)-InstallNew (Thermoplastic) SF $8.88 $888.00100 Yes Pavement Marking Minimum*76 MINIMUM 1 $5,000.00 $5,000.00 Yes Curb Marking $310,120.00
77 Curb Painting• (RepaintOne Coat over Existing) LF 45000 $2.10 $94,500.00 Yes 78 Curb Painting -InstallNew (Thermoplastic) LF $3.0045000 $135,000.00 Yes 79 Curb StencilLettering•(RepaintOne Coat over Existing) Letters 8000 $3.75 $30,000.00 Yes Curb StencilLettering• installNew (Thermoplastic)80 Letters 8000 $5.00 $40,000.00 Yes 81 Curb Marking Removal (Wet Sandblast) - (Repaint One Coat over Existing) LF $28.10100 $2,810.00 Yes 82 Curb Marking Removal (Wet Sandblast) - InstallNew (Thermoplastic) LF 100 $28.10 $2,810.00 Yes Weeding And Dewatering • (RepaintOne Coat over Existing)83 $250.00Hours 5 $1450.00 Yes Weeding And Dewatering • InstallNew (Thermoplastic)84 Hours $250.00 $1450.005 Yes Curb PaintingMinimum*85 MINIMUM 1 $2,500.00 $24003)0 Yes Pavement Markers (Each) $3,933.00
ReflectivePavement Markers •(Repaint One Coat over Existing) EA $7.55 $3774050 Yes 87 Non-ReHectivc Pavement Markers - (Repaint One Coat over Existing) EA 10 $545 $5540 Yes 88 Pavement Marker Minimum* MINIMUM 1 $3,500.00 $3400.00 Yes Sign & Post InsUlUtion (Each) $17,025.00
sign Installedon ExistingPost/Street Light Pole**89 EA 25 $75.00 $14753)0 Yes Sign InsUUed on Post/Pole^90 EA 50 $75.00 $3,7503)0 Yes InstallNew Sign Post and Base91 EA 10 $350.00 $34003)0 Yes 92 Core DriUing Sidewalk For Sign Post EA 10 $150.00 $1400.00 Yes 93 Relocate ExistingSign to New Post/Pole EA 15 $115.00 $1,7253)0 Yes 94 Relocate Existing Sign to Existing Post/Polc EA 5 $115.00 $575.00 Yes Relocate Existing Sign and Post95 EA 5 $310.00 $1450.00 Yes PlanetBids
Printed 10/21/2025
CityofNewport Beach
On-CallRoadway Sign& StripingMaintenance.Repair.& Installation(9937-1),biddingon 10/21/2025 2:00 PM (POT) Une ToutItem Description UOM QTY Unit Price ResponseItem# Item Code Type Remove ExistingSign end Post EA S $105.00 $525.00 Yes
Remove ExistingSign Post EA 5 $105.00 $525.00 Yes97
Sign liPost InstelletionMinimum* $1^00.00MINIMUM 1 $1^.00 Yes98 $14,750.00Cuerdreil Services
Metal Beam Guardrail•(Repaint One Coat over Existing) $6,000.0099 LF 120 $50.00 Yes Wooden Post100 EA 15 $250.00 $3,750.00 Yes
Guardrail Installation Minimum* $5,000.00101 MINIMUM 1 $5,000.00 Yes PlanetBids
City of Newport Beach
On•Call Roadway Sign & Striping Maintenance, Repdir. & Installation (9937•1), biddin!J on 10/21/2025 2.00 PM (PDT) Line Item Subtotals
Striping
Pavement Markings
Curb Marking
Pavement Markers (Each)
Sign & Post Installation (Each)
Guardrail Services
Section Title
PlanetBids
Line Tot1l
Grand Total
Printed 10/2112025
$489,976.00
$269,772.00
$310,120.00
$3,933.00
$17,025.00
$14,750.00
$1,105,576.00
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
(M-F 4:30pm-7am,
Weekends &
Holidays)
Regular Hours Rate
(M-F 7am-4:30pm)Description Unit Minimum Hours
Journeyman Hourly 4 $12163 $155.81
Apprentice Hourly 4 $101.21 $128.76
Helper
Parts, Materials, and
Equipment Rentals
Markup %
(Maximum 15%)
Hourly 4 $101 21 $12876
15%
EXHIBIT C
INSURANCE REQUIREMENTS - MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limitingContractor’s indemnificationof City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at itsown expense during the term of this Contract, policiesof insurance of the type and amounts described below and ina form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements setforthhere. IfContractor uses existingcoverage to comply and that coverage does not meet these requirements. Contractor agrees to amend, supplement or endorse the existingcoverage.
2. Acceptable Insurers. All insurance policiesshall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance inthe State of California,with an assigned policyholders’ Rating of A- (or higher)and FinancialSize Category Class VII (or larger)in accordance with the latesteditionof Best’s Key Rating Guide, unless otherwise approved by the City’sRisk Manager.
3. Coverage Requirements.
A. Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance providing statutorybenefits and Employer’s LiabilityInsurance with limitsof at leastone milliondollars($1,000,000) each employee for bodily injuryby accident and each employee for bodily injuryby disease in accordance with the laws of the State of California.In addition.Contractor shallrequire each subcontractor to similarlymaintain Workers’ Compensation Insurance and Employer’s LiabilityInsurance in accordance with California law for all of the subcontractor’s employees. The insurer issuing the Workers’ Compensation insurance shall amend itspolicy by endorsement to waive allrightsof subrogation against City,itsCityCouncil, boards and commissions, officers,agents, volunteers,employees, and any person or entityowning or otherwise in legalcontrolof 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 infavor of City,itsCity Council, boards and commissions, officers, agents, volunteers, employees, and any person or entityowning or otherwise in legalcontrol of the property upon which Contractor performs the Project and/or Services contemplated by thisContract.
B. General Liability Insurance. Contractor shall maintain commercial general liabilityinsurance, and ifnecessary 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 milliondollars($4,000,000) general aggregate and four milliondollars($4,000,000) completed operations aggregate. The policyshallcover liabilityarisingfrom bodily injury,property damage, products-completed operations, personal and advertising injury,and liabilityassumed under an insured contract (includingthe tortliabilityof another assumed ina business contract).
Contractor shallsubmit to the City,along with a certificateof insurance, any additionalinsurance requirements stated in Section Four.
Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodilyinjuryand property damage forallactivities of Contractor arisingout of or in connection with Work to be performed under this Contract, includingcoverage forany owned, hired,non-owned or rented vehicles, in an amount not less than two milliondollars ($2,000,000) combined single limitforeach accident.
C.
Contractor shallsubmit to the City,along with a certificateof insurance, any additionalinsurance requirements stated in Section Four.
D. Excess/Umbrella LiabilityInsurance. Ifany Excess or Umbrella Liability policiesare used to meet the limitsof liabilityrequired by this contract, then said policies shall be “followingform” of the underlying policy coverage, terms, conditions,and provisions and shall meet all of the insurance requirements stated inthiscontract,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 liabilitypolicies are exhausted.
Contractor shallsubmit to the City,along with a certificateof insurance, any additionalinsurance requirements stated inSection Four.
Other Insurance Requirements. The policiesare to contain,or be endorsed to contain,the following provisions;
4. A. Waiver of Subroqation. Allinsurance coverage maintained or procured pursuant to thisContract shallbe endorsed to waive subrogation against City of City,itsCity Council, boards and commissions, officers,agents, volunteers, employees, and any person or entityowning or otherwise in legalcontrolof the property upon which Contractor performs the Project and/or Services contemplated by thisContract or shallspecificallyallow Contractor or others providing insurance evidence in compliance with Superior Pavement Markings, LLC Page C-2
these requirements to waive theirrightof recovery prior to a loss.
Contractor hereby waives itsown rightof recovery against City, and shallrequiresimilarwrittenexpress waivers and insurance clauses from each of its subcontractors.
B. AdditionalInsured Status.Allliabilitypoliciesincludinggeneral liability, products-completed operations, excess/umbrella liability,and automobile liability,ifrequired,shallprovide or be endorsed to provide that City, itsCity Council, boards and commissions, officers,agents, volunteers,employees, and any person or entityowning or otherwise in legalcontrolof the property upon which Contractor performs the Project and/or Services contemplated by this Contract shall be included as additionalinsureds 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 entityowning or otherwise in legalcontrolof the propertyupon which Contractor performs the Project and/or Services contemplated by thisContract. Any insurance or self- insurance maintained by City shallbe excess of Contractor’sinsurance and shall not contribute with it.
D. Notice of Cancellation. All policiesshall provide City with thirty(30) calendar days’ notice of cancellationor nonrenewal of coverage (except for nonpayment forwhich ten (10) calendar days’ noticeis 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 allthe requirements stated herein.Subcontractors shallmaintain commercial general liabilityin an amount not less than one milliondollars($1,000,000) per occurrence, two milliondollars($2,000,000) general aggregate and two million dollars($2,000,000)completed operationsaggregate.
5. Additional Aqreements Between the Parties. The parties hereby agree to the following:
Evidence of Insurance. Contractor shallprovide certificatesof 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 A.
Superior Pavement Markings, LLC Page C-3
be approved by City’s Risk Manager prior to commencement of performance. Current certificationof insurance shallbe kept on filewith City at alltimes during the term of thisContract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurerto bind coverage on itsbehalf. 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 filedwith the City.Ifsuch coverage is cancelled or reduced, Contractor shall,within ten (10) days afterreceipt of written notice of such cancellationor reduction of coverage, filewith the City evidence of insurance showing that the required insurance has been reinstatedor has been provided through another insurance company or companies. City reserves the rightto require complete, certifiedcopies of allrequired insurance policies,at any time.
B. City’sRiqht to Revise Requirements. The City reserves the rightat 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. Riqht to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters intocontracts with on behalf of City willbe submitted to City for review.
Failureof Cityto request copies of such agreements willnot impose any liabilityon City,or itsemployees. Contractor shallrequireand verifythat all subcontractors maintain insurance meeting all the requirements stated in Section Four, including required coverage types, limits, endorsements, and notice provisions.Contractor shallensure that City isan additionalinsured on insurance required from subcontractors. For CGL coverage, subcontractors shallprovide coverage with a format at least as broad as CG 20 38 04 13.
Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failureon the part of City to inform Contractor of non-compliance with any requirement imposes no additionalobligationson City nor does itwaive any rightshereunder.
D.
E. Requirements not Limiting. Requirements of specificcoverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limitsor other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature isfor purposes of clarificationonly as itpertains to a given issue and isnot intended by any party or insured to be allinclusive, or to the exclusion of other coverage, or a waiver of any type. Ifthe Superior Pavement Markings, LLC Page C-4
Contractor maintains higher limitsthan the minimums shown above, the City requires and shall be entitledto coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limitsof insurance and coverage shall be available to the City.
Self-InsuredRetentions. Contractor agrees not to self-insureor to use any self-insuredretentionson any portion of the insurance required herein and furtheragrees that itwillnot allow any indemnifying party to self-insureits 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 theirpolicies.
F.
G. City Remedies for Non Compliance. IfContractor or any subcontractor failsto provide and maintain insurance as required herein, then City shallhave the rightbut not the obligation,to purchase such insurance, to terminate thisContract,or to suspend Contractor’srightto 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 shallgive 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 liabilitypolicies.City assumes no obligationor liabilityby such notice,but has the right(but not the duty) to monitor the handling of any such claim or claims ifthey are likelyto involveCity.
Coverage not Limited. All insurance coverage and limitsprovided by Contractor and availableor applicable to thisContract are intended to apply to the fullextent of the policies.Nothing contained in this Contract or any other agreement relatingto City or itsoperations limits the applicationof such insurance coverage.
I.
J. Coverage Renewal. Contractor willrenew 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 policiesof insurance required herein expiringduring 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 priorto expiration. A coverage binder or letterfrom Contractor’s insurance agent to thiseffectis acceptable.
Superior Pavement Markings, LLC Page C-5
A certificate of insurance and/or additional insured endorsement as required in these specificationsapplicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expirationof the coverages.
K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liabilitycoverage for a period of ten (10) years aftercompletion of the Projector to obtain coverage forcompleted operations liabilityforan equivalent period.
Superior Pavement Markings, LLC Page C-6
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California,has awarded to SUPERIOR PAVEMENT MARKINGS, LLC hereinafterdesignated as the “Principal,”an agreement formaintenanceand/orrepairservices,inthe Cityof Newport Beach, instrict conformitywiththeAgreement on filewiththeofficeofthe CityClerkofthe Cityof Newport Beach, which isincorporatedhereinby thisreference.
WHEREAS, Principalhas executed or isabout to execute the Agreement dated December 9,2025 and the terms thereofrequirethe furnishingof a bond, providingthat ifPrincipalor any of Principal'ssubcontractors,shall failto pay for any materials, provisions,or othersuppliesused in,upon,for,or about the performance of the Work agreed tobe done,orforany work or labordone thereonof any kind,the Surety on this bond willpay thesame totheextenthereinaftersetforth.
NOW, THEREFORE, We the undersigned Principal,and,
dulyauthorizedtotransactbusinessunderthelawsof the State of California,as Surety, (referredtohereinas “Surety”)are heldand firmlybound unto the Cityof Newport Beach, inthe sum of One MillionEightHundred Thousand Dollarsand 00/100 ($1,800,000.00), lawfulmoney of the United Statesof America, said sum being equal to 100% of the estimatedamount payable by the CityofNewport Beach under the terms of the Contract; forwhich payment welland trulytobe made, we bindourselves, our heirs,executors and administrators,successors, or assigns,jointlyand severally,firmlyby these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that ifthe Principal or the Principal’ssubcontractors,failto pay forany materials,provisions,or other supplies, implements or machinery used in,upon, for,or about the performance of the Work contractedto be done, or forany otherwork or laborthereon of any kind,or foramounts due under the Unemployment InsuranceCode with respectto such work or labor, or for any amounts requiredto be deducted,withheldand paid over to the Employment Development Department from the wages of employees of the Principal and subcontractorspursuantto Section 13020 of the Unemployment Insurance Code with respectto such work and labor,thenthe Suretywillpay forthe same, in an amount not exceedingthesum specifiedinthisBond, and also,incase suitisbrought to enforce the obligationsofthisBond, a reasonableattorneys’fee,to be fixedby the Court as required by theprovisionsofSection9554 oftheCivilCode of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and corporationsentitledtofileclaimsunder Section9100 of the California Civil Code so as to givea rightof actionto them or theirassignsin any suitbrought upon thisBond, as requiredby and inaccordance withthe provisionsofSections 9500 et seq. of the Civil Code of the State of California.
Page D-1SuperiorPavement Markings,LLC
And Surety, for value received, hereby stipulatesand agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shallin any wise affectitsobligationson thisBond, and itdoes hereby waive noticeof 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 principalabove named executed this Bond as an individual, itis agreed that the death of any such principalshallnot exonerate the Surety from its obligationsunder thisBond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principaland Surety, on the day of .20.
Name of Contractor (Principal) Authorized Signature/Title Name of Surety Authorized Agent Signature
Address of Surety Print Name and Title
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY’S OFFICE
Date;
By;.
Aaron C. Harp
City Attorney
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Superior Pavement Markings, LLC Page D-2
ACKNOWLEDGMENT
A notary public or other officercompleting this
certificateverifiesonlythe identityofthe individualwho
signed the document to which this certificateis
attached,and not the truthfulness,accuracy, or validity of that document.
State of California
County of } ss.
20. before me.On
Notary Public,personallyappeared ,
who proved to me on the basis of satisfactoryevidence to be the person(s) whose name(s) is/are subscribed to the withininstrument and acknowledged to me thathe/she/they executed the same in his/her/theirauthorized capacity(ies),and that by his/her/theirsignatures(s)on the instrument the person(s),or the entityupon behalfof which the person(s) acted, executed the instrument.
Icertifyunder PENALTY OF PERJURY under the laws ofthe State of Californiathatthe foregoing paragraph istrue and correct.
WITNESS my hand and officialseal.
(seal)Signature
ACKNOWLEDGMENT
A notary public or other officer completing this
certificateverifiesonly the identityof the individualwho signed the document to which this certificateis
attached, and not the truthfulness,accuracy, or validity of that document.
State of California
County of } ss.
20 before me.On
Notary Public,personally appeared ,
proved to me on the basis of satisfactoryevidence to be the person(s) whose name(s) is/are subscribed to the withininstrument and acknowledged to me thathe/she/they executed the same in his/her/theirauthorized capacity(ies),and that by his/her/theirsignatures(s)on the instrument the person(s),or the entityupon behalf of which the person(s) acted, executed the instrument.
Icertifyunder PENALTY OF PERJURY under the laws ofthe State of Californiathatthe foregoing paragraph istrue and correct.
WITNESS my hand and officialseal.
(seal)Signature
Page D-3Superior Pavement Markings, LLC
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Newport Beach, (hereinafterreferredto as “City”) has awarded to SUPERIOR PAVEMENT MARKINGS, LLC, (hereinafterreferred to as the “Contractor”)an agreement forthe work necessary forthe completion of thiscontract consists of the work set forth in Exhibit A to the Agreement (hereinafterreferredto as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularlyset forth in the Contract Documents for the Project dated December 9, 2025, (hereinafter referredto as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference;and
WHEREAS, the Contractor isrequired by said Contract Documents to perform the terms thereof and to furnish a bond for the faithfulperformance of said Contract Documents.
NOW, THEREFORE, we, the undersigned Contractor and
as Surety, a corporation organized
and duly authorized to transact business under the laws of the State of California,are held and firmlybound unto the City in the sum of One MillionEight Hundred Thousand Dollarsand 00/100 ($1,800,000.00),said sum being not less than one hundred percent (100%) of the totalamount of the Contract, forwhich amount well and trulyto be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointlyand severally,firmlyby these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that,ifthe Contractor, theiror itsheirs,executors, administrators, successors or assigns, shallinallthings stand to and abide by, and well and trulykeep and perform the covenants, conditions and agreements in the Contract Documents and any alterationthereof made as therein provided, on its part,to be kept and performed at the time and inthe manner therein specified,and in all respects according to theirintentand meaning: and shallfaithfullyfulfillallobligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City,theirrespective officials,officers,employees, and authorized volunteers,as stipulatedinsaid Contract Documents, then thisobligationshall become null and void; otherwise itshall be and remain in fullforce and effect.
As a part of the obligationsecured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees includingreasonable attorney’sfees, incurred by City in enforcing such obligation.
As a conditionprecedent to the satisfactorycompletion of the Contract Documents, unless otherwise provided for inthe Contract Documents, the above obligationshallhold Superior Pavement Markings, LLC Page E-1
good fora period of one (1)year afterthe acceptance of the work by City,during which time if Contractor shall fail to make full,complete, and satisfactory repair and replacements and totallyprotectthe City from loss or damage resultingfrom or caused by defective materialsor faultyworkmanship. The obligationsof Surety hereunder shall continue so long as any obligationof Contractor remains. Nothing herein shalllimitthe City’srightsor the Contractor or Surety’s obligationsunder the Contract, law or equity, including,but not limitedto,CaliforniaCode of CivilProcedure Section 337.15.
Whenever Contractor shallbe, and isdeclared by the City to be, in defaultunder the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shallpromptly, at the City’soption:
i. Take over and complete the Projectinaccordance with allterms and conditions in the Contract Documents; or
Obtain a bid or bids forcompleting the Projectinaccordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder,arrange for a Contract between such bidder,the Surety and the City,and make availableas work progresses sufficientfunds to pay the cost of completion of the Project,less the balance of the contract price,includingother costs and damages forwhich Surety may be liable.The term “balance of the contract price”as used in thisparagraph shallmean the totalamount payable to Contractor by the City under the Contract and any modificationthereto,less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Permit the Cityto complete the Projectinany manner consistent with Californialaw and make available as work progresses sufficient funds to pay the cost of completion of the Project,less the balance of the contractprice,includingother costs and damages for which Surety may be liable.The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto,less any amount previouslypaid by the Cityto the Contractor and any other set offspursuant to the Contract Documents.
Surety expressly agrees that the City may rejectany contractor or subcontractor which may be proposed by Surety infulfillmentof itsobligationsinthe event of defaultby the Contractor.
II.
Surety shallnot utilizeContractor incompleting the Project nor shallSurety accept a bid from Contractor for completion of the Project ifthe City, when declaring the Contractor in default, notifiesSurety of the City’s objection to Contractor’s further participationinthe completion of the Project.
The Surety, for value received, hereby stipulatesand agrees that no change, extension of time, alterationor addition to the terms of the Contract Documents or to the Superior Pavement Markings, LLC Page E-2
Projectto be performed thereunder shallin any way affectitsobligationson thisbond, and itdoes hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
IN WITNESS WHEREOF, thisinstrument has been duly executed by the Principal day ofand Surety above named, on the 20,
Name of Contractor (Principal) Authorized Signature/Title Authorized Agent SignatureName of Surety
Address of Surety Print Name and Title
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY’S OFFICE
Date:
By:
Aaron C. Harp
City Attorney
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Superior Pavement Markings, LLC Page E-3
ACKNOWLEDGMENT
A notary public or other officer completing this
certificateverifiesonly the identityof the individualwho signed the document to which this certificateis
attached,and not the truthfulness,accuracy, or validity of that document.
State of California
County of } ss.
On before me...20.
Notary Public,personally appeared ,
who proved to me on the basis of satisfactoryevidence to be the person(s) whose name(s) is/are subscribed to the withininstrument and acknowledged to me thathe/she/they executed the same in his/her/theirauthorized capacity(ies),and thatby his/her/theirsignatures(s)on the instrument the person(s),or the entityupon behalf of which the person(s) acted, executed the instrument.
Icertifyunder PENALTY OF PERJURY under the laws ofthe State of Californiathatthe foregoing paragraph istrue and correct.
WITNESS my hand and officialseal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificateverifiesonly the identityofthe individualwho signed the document to which this certificateis
attached, and not the truthfulness,accuracy, or validity of that document.
State of California
County of } ss.
On 20. before me.
Notary Public,personally appeared ,
proved to me on the basis of satisfactoryevidence to be the person(s) whose name(s) is/are subscribed to the withininstrument and acknowledged to me thathe/she/they executed the same in his/her/theirauthorized capacity(ies),and that by his/her/theirsignatures(s)on the instrument the person(s),or the entityupon behalf of which the person(s) acted, executed the instrument.
Icertifyunder PENALTY OF PERJURY under the laws ofthe State of Californiathatthe foregoing paragraph istrue and correct.
WITNESS my hand and officialseal.
Signature (seal)
Superior Pavement Markings, LLC Page E-4