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HomeMy WebLinkAboutC-7432-1 - Slurry Seal Program 19R04November 19, 2020 Roy Allan Slurry Seal, Inc. Attn: Wyatt Lawrence Allan 11922 Bloomfield Avenue Santa Fe Springs, CA 90670 Subject: Slurry Seal Program — C-7432-1 Dear Mr. Allan: C111—Y OF NEWPOPT Edi -ACJ -1 100 Civic Center Drive Newport Beach, California 92660 949-6443005 1 949-644-3039 FAX newportbeachca.9ov On November 19, 2019, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on November 21, 2019 Reference No. 2019000485209. The Surety for the contract is Contractors Bonding and Insurance Company and the bond number is RCB0019015. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure *- 3 Bond No.: RCB0019015 Premium: $5,233.00 premium is based on 100% of the final correct ainount EXHIBIT R CITY OF NEWPORT BEACH BOND No. RCB0019015 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 5,233.00 _ —, being at the rate of $ 5.50 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Roy Allan Slurry Seal, Inc. hereinafter designated as the "Principal," a Contract for Slurry Seal Program 19804 in the City of Newport Beach, in strict conformity with the Contract on fde with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THIErtrFoRe, we, the Principal, and Contractors Bonding and Insurance Company ��.__ __. __-_�, duly authorized to transact business under 6 laws of the State of California as Surety (hereinafter "Surety"), are hold and firmly bound unto the City of Newport Beach, in the sum of Dollars $9( 46,62t0 ) lawful money of the United States of America, said sum being equal to t cR°!a of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. ** Nine Hundred Forty Six Thousand Six Hundred Twenty Nine Dollars and 001100s THE CONDITION OF THIS OBLIGATION I5 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 it) the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, demAd, and save h91'M08 the city Of Newport Beach, Its offiOerS, 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 valuta received, stipulates and agrees that no change, extension of time, alterations or additions to the tonna of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on thin Rond, rand it does hereby waive Page B-1 notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN wrrNFSS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 11th day of April _,20_19 Roy Allan Slurry Seal, Inc. Name of Contractor (Principal) Contractors Bonding and Insurance Company Name of Surety " 111 Pacifica, Suite 350, Irvine, CA 92618 Address of Surety. - (949)341 -9110 Telephone APPROVED AS TO FORM: CITY ATTO 'S QFF(CE Date: S By: Aaron C. Har . City Attorney Authorized Signaturefritle yaa-1 iwrr✓Enc` At" Authorized ent Signature Matthew J. Coats, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGwNTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or State of California County of-___- Orange On , V, , _ before me, Ann -Marie Allan, Notary Public (insert name and title of the officer) personally appeared Lawrence Allan who proved to me on the basis of satisfactory evidence to be the person( whose namew is/am subscribed to the within Instrument and acknowledged to rn at he executed the same in his/hefftfieir authorized capacity0es), and that by his/heNtfieir signatures) on the instrument the person(), or the entity upon behalf of which the person(,s,) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. °ANN•MARIEALLAN Comm, #2114210 NOTARYPU9LIC'CALIFORNIA Zen ORANGE COUNTY M Comm, fig#, Jul, 3, 2019 (Seal) ACKNOWLEDGMENT A notary public or other officer compieling, 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, slate 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/shalthey executed the some in nis/her/theit autnorl2ed capacltypes), and that by nts/her/thelr signatures(S) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing Paragraph Is true and correct. WITNESS any hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this cetilcate verifies only the identity of the individual who sighed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity Of Mat dotuMent. State of California County of _ 1 ss. On _ 20 before me, Notary Public, personally appeared , proved to me 6n the tresis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheRhey executed the some in hislher/their authorized capacity(ies), and that by hislher/their signatures(s) on the instrument the pereon(s), OF 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) �__ Page s-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 x rr. rrrtss asxc e cc Xrrc axsr rca�rxae1. Axa4,ttr"I." 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 Orange ) On April 11, 2019 before me, Date personally appeared Matthew J. Coats Summer L. Reyes, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) 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, SUMMER L. REYES Notary Public - California Orange County z = Commission N 2158864 n M Comm. Expires Ju129.2020 Place Notary Seal Above 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 Signaof Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ,�� .... .. . w _-..:. Qa;!:�T�'-'�-i�'�.7a,�Tcc'�'��4'.��:�'�e,:�X'✓rrre�'.src,�.':�.a2.'uzaq 02014 National Notary Association - www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Alen by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Linda D. Coats, Matthew J Coats, Summer Reyes jointly or severally in the City of Laguna Niguel ,State of California its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25.000.000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 21st day of Aueust 2018 . RLI Insurance Company �yJQ,pNCEcp%, Contractors Bonding and Insurance Company r:Ar, :a :�E k By: S Barton W. Davis Vice President u State of Illinois } County of Peoria J SS CERTIFICATE On this 21st day of August,2018 , before me, a Notary Public, personally appeared Barton W avis , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. Gretchen L. Johnigk ° Notary Public 1, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company� and/or Con acto+•s Bondingand Insurance Company thisn"day of RLI Insurance Company Contractors Bonding and Insurance Company By: ���� Jean M tephenson Corporate Secretary 047.5404020212 A00588I7 - GRETCHEN L JOHNIGK Np\ANY usm "OFFICIAL SEM!smcM '�n.uNds My ew .mk Ex°I.. LIIYtQf1VSQ May26.2020 1, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company� and/or Con acto+•s Bondingand Insurance Company thisn"day of RLI Insurance Company Contractors Bonding and Insurance Company By: ���� Jean M tephenson Corporate Secretary 047.5404020212 A00588I7 January 27, 2020 Roy Allan Slurry Seal, Inc. Attn: Wyatt Lawrence Allan 11922 Bloomfield Avenue Santa Fe Springs, CA 90670 Subject: Slurry Seal Program - C-7432-1 Dear Mr. Allan: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAX newportbeachca.gov On November 19, 2019 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on November 21, 2019, Reference No. 2019000485209. The Surety for the bond is Contractors Bonding and Insurance Company and the bond number is RCB0019015. Enclosed is the Labor & Materials Payment Bond. Sincerely, p� . ' (I L Leilani I. Brown, MMC City Clerk Enclosure Bond No.:RCB0019015 Premium: Included with Performance Bond EXHIBIT A CITY OF NEWPORT BEACH BOND No...RCB0019015 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Roy Allan slurry seal, Inc. hereinafter designated as the "Principal," a contract for, " in the City of Newport Beach, in strict Conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. Slurry Seal Program 19R04 WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the hlrnishing 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, Contractors Bonding and Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of _ Dollars ($946,629,00 ) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. •• Nine Hundred Forty Six Thousand Six Hundred Twenty Nine Dollars and 001100s 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 some, 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 attomeys' 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 0100 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 at soq_ of the Civil Code of the State of California. _ Page A-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the_ 11th day of April , 2p 19_, Roy Allan Slurry Seal, Inc. Name of Contractor (Principal) Contractors Bonding and Insurance Company Name of Surety 111 Pacifica, Suite 350, Irvine, CA 92618 Address of Surety (949)341-9110 Telephone APPROVED AS TO FORM: CITY ATTO N Y'S DrFICE [late: .S l BY: Aaron C. Harp City Attorney Authorized Signature/Title Wine ►^Gwvinnti 1�✓�drv1 Authorized ent Signature Matthew J. Coats, Attorney -in -Fact Print Name and Title NOTARYACKNOWLEDGMENFS OF CONTRACTOR AND SURETY MUST BE ATTACHED Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of____ Orange _+ ) On _ Iv \(L� before me, Ann -Marie Allan, Notary Public (insert name and title of the officer) personally appeared Lawrence Allan who proved to me on the basis of satisfactory evidence to be the personWwhose names) Ware - subscribed to the within Instrument and acknowledged to me that he/sy executed the same in his/herft+teir authorized capacity(ies), and that by his/heNtheir signature(s) on the instrument the personal, or the entity upon behalf of which the person(*) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ANN•MARIEALLAN w COMM, # 2114210 A 'ate'"` NOTARYPURLIC I CALIFORNIA �' ORANGE COUNTY ? (Seal) i—....,,.�,� my comm. Exp. JuL $ 2ois ACKNOWLEDGMENT A notary public or other officer complmting 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 2q_ 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 helshelthey executed the same in his/herAheir authorized rapacity(ies), and that by hislhar/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this Certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On 20 ---- before me, ---- Notary Public, personally appeared - proved to me on the basis of satisfactory evidence to be the person(s) whose name(S) islare subscribed to the within Instrument and acknowledged to me that he/slhe/they executed the same in his/her/their authorized c:aparity(ies), and that by hisfher/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 Or PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 '�2�'4"e:�fr:.il!T�'i[i�.t'.XYX�iv�4x':G`s:&f�i�:�.�xf`truf'.X:Sr.�'`.k'L�`x�'K:(tc",^.d.:.i�.�ai�[`i„��EX'.k:£',k�.'�E.S�2C\L[�:#:`i.���aV."t�.i•fr. Y'�M�.(`,A 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 Orange ) On April 11, 2019 before me, _ Date personally appeared Matthew J. Coats Summer L. Reyes, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) 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. }] SUMMER L. REYES a Notary Public -California Z e Orange County Z Commission N 2158864 My Comm. Expires Ju12 9, 2020 Place Notary Seal Above 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 x Sign re of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org 1 -800 -US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Linda D. Coats. Matthew J Coats, Summer Reyes jointly or severally in the City of Laguna Niguel , State of California its true and lawful Agent(s) and Attomey(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25.000.000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 21st day of August_, 2018 . mm, RLI Insurance Company 4`io�N..... so �y�pPNc6 cp Contractors Bonding and Insurance Company pQ: GOpPPR6�Oopon" i� /v. / SE AL . a •'• S F A . Y Barton W. Davis Vice President State of Illinois) ;;`;N°'s '%��,;,N �;o• )} SS County of Peoria CERTIFICATE On this 21st day of Aue st , 2018before me, a Notary Public, personally appeared Barton W Davis , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: t A&kjNt,Lti,'7Yn'�l� Gretchen L. Johnigk ° Notary Public I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contra cto s Bonding and Insurance Company this � day of RLI Insurance Company Contractors Bonding and Insurance Company By: lam. '/1. /V4"41Y3 Jean M tephensonV Corporate Secretary 075404020212 A0058817 Batch 5492961 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page I of 2 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 111[ 11lfIlIII 1[11111111I11 [111[11111111I11111111Ii1111 NO FEE $ R 0 0 1 1 2 9 3 0 2 1$> 2019000485209 8:23 am 11121119 227 NCR2 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27363" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Roy Allan Slurry Seal Inc., Santa Fe Springs, California, as Contractor, entered into a Contract on April 23, 2019. Said Contract set forth certain improvements, as follows: Slurry Seal Program 19R04 - C-7432-1 Work on said Contract was completed, and was found to be acceptable on November 19. 2019, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Contractors Bonding and Insurance Comoanv. BY 74d Public orks Directo City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on IVO �; ��� at Newport Beach, California. M littps:Hgs.secure-recording.com/Batcli/Coiifirmation/5492961 11/21/2019 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Roy Allan Slurry Seal Inc., Santa Fe Springs, California, as Contractor, entered into a Contract on April 23, 2019. Said Contract set forth certain improvements, as follows: Slurry Seal Program 19R04 - C-7432-1 Work on said Contract was completed, and was found to be acceptable on November 19, 2019, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Contractors Bonding and Insurance Company. BY i11�a Public orks Directo City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. ,, Executed on N�YGIYI 7i� ��Gi at Newport Beach, California. Am CITY CLr t 'X.: CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 26th day of March, 2019, at which time such bids shall be opened and read for SLURRY SEAL PROGRAM 19R04 Contract No. 7432-1 $830,000 Engineer's Estimate Approv by M' I J. Sinacori Ac ' g City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanVID=22078 Contractor License Classification(s) required for this project: "A" or "C-12" For further information, call Ben Davis, Project Manager at (949) 644-3317 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/government/open-transr)arent/online-services/bids-rfps- v_endor-registration City of Newport Beach SLURRY SEAL PROGRAM 19R04 Contract No. 7432-1 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................................................... Cover INSTRUCTIONS TO BIDDERS ...................................................................................... 3 BIDDER'S BOND 6 DESIGNATION OF SUBCONTRACTOR(S) ................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT ..................................................................... 13 DESIGNATION OF SURETIES .......................... ........................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA ..................................... ................................. 18 INFORMATION REQUIRED OF BIDDER ..................................................................... 19 NOTICE TO SUCCESSFUL BIDDER ........................................................... ............... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND ........................................................... Exhibit B INSURANCE REQUIREMENTS ................................................................. Exhibit C PROPOSAL.............................................................................................................. PR -1 SPECIALPROVISIONS ............................................................................................ SP -1 I•, City of Newport Beach SLURRY SEAL PROGRAM 19R04 Contract No. 7432-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractorshall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original copies must be submitted to the City Clerk's Office by the Bid Opening Date. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated 3 quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time 4 period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has be reviewed. Contractor's License No. & Classification Authorized Signature/Title 1OOW(9 11 Sh G 30 -NCA �� LZ Z DIR Registration Number & Expiration Date Date , s Bidde G »1 City of Newport Beach SLURRY SEAL PROGRAM 19804 Contract No. 7432-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten percent of the total amount of the bid Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of SLURRY SEAL PROGRAM 19R04, Contract No. 7432-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond_ Witness our hands this 19th Roy Allan Slurry Seal, Inc. Name of Contractor (Principal) Contractors Bonding and Insurance Company Name of Surety 111 Pacifica, Suite 350, Irvine, CA 92618 Address of Surety (949)341-9110 Telephone day of March , 2019. . Authorized Signature/fitle Authorized Agent Signature Linda D. Coats, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & St11f+ V must be attached) C:1 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 Orange ) On _I" I�IYi��y����� f before me, Ann -Marie Allan, Notary Public (insert name and title of the officer) personally appeared Lawrence Allan who proved to me on the basis of satisfactory evidence to be the personWwhose namew is/am- subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his/hef/ftir authorized capacity(), and that by his/he mIr signature(s) on the instrument the person(.*, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 11, �r (Seal) ANN•MARIEALLAN �{ COMM, # 2114210 GJ - c� NOTARY PUBLIC -CALIFORNIA z ORANGE COUNTY My Comm, EXP, Jul. 3; 2019 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 S 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 Orange On I)Iatc `( at, r, before me, Da e personally appeared Linda D. Coats Summer L. Reyes, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) 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. SUMMER L. REYES Notary Public - California Z . m Orange County Z Z Commission # 2158864 D My Comm. Expires Jul 29, 2020 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 12A�� Signaturd of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RLI c rc an RLI Company 9025 N. Lindbergh Dr. I Peoria, IL 61615 Phone: (800)645-24021 Fax: (309)689-2036 Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Linda D. Coats, Matthew J. Coats, Summer Reyes, iointly or severally in the City of Laguna Hills , State of California , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 5th day of July, 2017. AN Fmce pPORq••'.9AL�% � ��y pPORq �,q'. °¢006 °_._fit°�- �¢: °°_,_'�•���= y. SEAL; -,D = SEAL •.,• • <_ . . •. State of Illinois l ,••• �•,,, • •,.• 1 N 0�`' } SS �cuNo�s ,,•``' n�<L ` County of Peoria J On this 5th day of July 1 2017 before me, a Notary Public, personally appeared Barton W. Davis who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. RLI Insurance Company Contractors Bonding and Insurance Company SCJ' �• Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Conn and/or. Contrac ors Bonding and Insurance Company thiday ofM(jjtCjj �Jr`�"""t•G'lu P ylClhf�/� RLI Insurance Company Gretchen L. Johnigk VNotary Public Contractors ;ning and Ins rance Company 00 GRETCHEN L JOHNIGK FSTArE -OFFICIAL SEAL^ Barton W. Davis Vice President M Commission EX i Y Pres May 28, 2020 0475404020212 A0059115 ACKNOWLEDGMENT .............................................................................. State of California County of }ss. As personally appeared before me, Notary Public, ,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 OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 'seal) Thumbprint of Signer Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT .............................................................................. State of California County of }ss. On personally appeared before me, Notary Public, ,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 OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: N (seal) Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. City of Newport Beach SLURRY SEAL PROGRAM 19R04 Contract No. 7432-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidd4 Authorized Signature/Title 9 City of Newport Beach SLURRY SEAL PROGRAM 19R04 Contract No. 7432-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $120,000, provide the following information: No. 1 Project Name/Number '�> V" Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone (44) D Original Contract Amount $ Final Contract Amount $ $la, ?Z • �� If final mount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 0 10 No. 2 Project Name/Number 'f ��; �,v►�`wp }—_ Project Description SIv iCiC,4 Approximate Construction Dates: From To: jZ�7 Agency Name Contact Person ] f-� ra jh Gka Telephone (q0y) SGtL- -COO Z, Original Contract Amount $� Final Contract Amount $--767,12S 1V1? If final amount is different fkom original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. -v - - No. 3 Project Name/Number Ali_ Project Description S��Y „ c�sly , t Approximate Construction Dates: From 9 To: Agency Name C;1 k-" ni -- 'M is (h Contact Person ��,� S fiQ� Telephone)f% Original Contract Amount yZ �` Final Contract Amount $..2 If final amount is different from originaj please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against yoga/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 4 Project Name/Number 2_Q1? - Project Description Approximate Construction Dates: From Agency Name Contact Person I To: Telephone ft A —`7110 Original Contract Amount $ Fina Contract Amount $_,' ,S C. 00 If �ingl pmeunt Kdifferent from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 ll. Project Name/Number Project Description Approximate Construction Dates: From Agency Name bc�. C-��-&;t v 41 To:T �� l /� % (1 •' Contact Person9b'vlg�l516V V & ' Telephone -� J Original Contract Amount $ Veinal Contract Amount $ �t�,� If fipaf amount i�ifferent from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. W 12 No. 6 Project Name/Number Project Description S�LI�`/Ti1 Approximate Construction Dates: From Agency Name_yi,_�" dF, �y To: AT�/� Contact Persont 4 `iI� Telephone] J %o (ial' 00 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. RW jai pvp_,� A6� Bidder Authorized Signature/Title 13 City of Newport Beach SLURRY SEAL PROGRAM 19R04 Contract No. 7432-1 NON -COLLUSION AFFIDAVIT State of California ) )ss, County of 0mr,�ne 1 being first duly sworn, deposes and says that he or she is of k+ �l the party making the foregoing bid; that the bid is not made in the intere4t ofor on behalf 1, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. II declare under penalty of perjury of the laws of the St to of California that the foregoing is true and correct. Bidd r I Authorized Signaturefritle Subscribed and sworn to (or affirmed) before me on this day of , 2019 by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] 14 Notary Public My Commission Expires: IA 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 Orange Subscribed ano sworn to (or affirmed) before me on this a day of �`n(,irC, 1 , 20-E, by Lawrence Allan proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ANN -MARIE ALLAN z „•••• COMM, # 2114210 N NOTARY PUBLIC -CALIFORNIA ? ORANGE COUNTY My Comm. Exp, Jul, 3,2018 (Seal) Signature City of Newport Beach SLURRY SEAL PROGRAM 19R04 Contract No. 7432-1 DESIGNATION OF SURETIES Bidder's name � A11OL-N-S Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): / • 'imrz�J_ I�' ■�Lil+/`�� 1� zGy f cl� -V - I It A -6M-2010 15 City of Newport Beach SLURRY SEAL PROGRAM 19R04 Contract No. 7432-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name ,, N�4eg'�,�,,,,, _� a��'y- Record Last Five (55))1� Full Years '� Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Current Record Record Record Record Record Year of for for for for for Record 2018 2017 2016 2015 2014 Total 2019 No. of contracts S3 4, $g r t� Total dollar Amount of Contracts(� in r�3 1166 � V ��� �,�r� 01,2-25 g �s bis Thousands of $) No. of fatalities C? 0 No. of lost Workday Cases 0 O Z O No. of lost workday cases involving permanent transfer to another job or I termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: Title M = �.. Mklkn�MA MM EMU 3?2-? 113? The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDt 17 ACKNOWLEDGMENT A notary public or other officer completing thls 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 Orange On �" I�i,�(✓�� ��j , r(_ before me, Ann -Marie Allan, Notary Public (insert name and title of the officer) personally appeared Lawrence Allan who proved to me on the basis of satisfactory evidence to be the personwwhose name(.s'j is/are subscribed to the within instrument and acknowledged to me that he/s►he/ttrey executed the same in his/heOftir authorized capaaty(ies), and that by his/herA#teir signature(s) on the instrument the person*, or the entity upon behalf of which the person(*) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ANN"MARfEALI,AN COMM. 112114210 G) .. Cs NOTARY PUBLIC ICALIFORNIA z . My GORANGE �xu" Jul. 3, 2019 a� Signature 4 �1� iQQ( seal a ( ) 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 net the truthfulness, accuracy, or validity of that document. State of California County of Orange Onbefore me, Ann -Marie Allan, Notary Public (insert name and title of the officer) personally appeared Lawrence Allan who proved to me on the basis of satisfactory evidence to be the person(raj'whose namew istare' subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/herf heir authorized capacity(), and that by his/herAheir signature(s) on the instrument the person(*, or the entity upon behalf of which the person(*) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the fgregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ' P . XUL-)tf ANN-WRIEALLAN COMM. # 2114210 M NOTARY PUBLIC -CALIFORNIA z ORANGE COUNTY My Comm. Exu. Jul, .1 2019 (Seal) City of Newport Beach SLURRY SEAL PROGRAM 19R04 Contract No. 7432-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name IROS4 K" The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 18 City of Newport Beach SLURRY SEAL PROGRAM 19R04 Contract No. 7432-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation:,, �`�1�,,y1 ��y►,., Business Address: 1122 X1067 O Telephone and Fax Number: rl�-b)N Rhy -?3 California State Contractor's License No. and Class: 3 ?2-701 YT (REQUIRED AT TIME OF AWARD) Original Date Issued.WLOM Expiration Date: ti / 3Q -- 1(: i - List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone LAW Vlo—�t e_ Corporation organized under the laws of the State of 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: NVQ For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. Ma Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No 20 Are any claims or actions unresolved or outstanding? Yes / If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Bidder (Print name of Owner or President of Corporation/Company) Authorized Signature/Title �s! Title Date On 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 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. (SEAL) Notary Public in and for said State My Commission Expires: 21 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 Orange On MU-G� ars, (W before me, Ann -Marie Allan, Notary Public (insert name and title of the officer) personally appeared Lawrence Allan who proved to me on the basis of satisfactory evidence to be the person(,sj'whose name(g) is/are- subscribed to the within Instrument and acknowledged to me that heIsley executed the same in his/hefAheir authorized capacity(ies), and that by his/heffteir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(*) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, z ANN•MARIEALLAN lolCOft1ft1, # 2114210 ROTAR" PUBLIC -CALIFORNIA ORANGE COUNTY Ei " MY comm. Ezp, Jul. 3, 2019 P Signature u -M 1 (Seal) kq c% ► INC. 11922 Bloomfield Ave, Santa Fe Springs, CA 90670 (562) 864-3366 (562) 864-6612 fax CL# 372798 Roy Allan Slurry Seal, Inc. Experience. Jerry Heredia, Project Manager - He has been in the slurry seal industry for 10years. He has worked his way through each field position on a slurry seal crew from squeegeman to his current position as Project Manager. Andy Arriaga, General Construction Manager - He has been employed with Roy Allan Slurry Seal, Inc. for 10 years. He is very skilled in each position of a slurry seal crew as well as running a slurry seal operation. Eddie Ayala, General Construction Manager - He has been employed with Roy Allan Slurry Seal, Inc. for 10 years. He is very skilled in each position of a slurry seal crew as well as running a slurry seal operation. SLURRY SEAL PROGRAM 19R04 CONTRACT NO. 7432-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 23rd day of April, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ROY ALLAN SLURRY SEAL, INC., a California corporation ("Contractor"), whose address is 11922 Bloomfield Avenue, Santa Fe Springs, California 90670, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: distributing door hanger notifications to all homes and businesses in the work area, setting up traffic control, edge grinding, crack sealing, removing striping, slurry sealing, seal coating, temporary striping, final striping with thermoplastic paint and street sweeping (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows - 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 7432-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Nine Hundred Forty Six Thousand Six Hundred Twenty Nine Dollars and 00/100 ($946,629.00). 3.2 This compensation includes.- 3.2.1 ncludes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Wyatt Lawrence Allan to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for Roy Allan Slurry Seal, Inc. Page 2 payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Wyatt Lawrence Allan Roy Allan Slurry Seal, Inc. 11922 Bloomfield Avenue Santa Fe Springs, CA 90670 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are Roy Allan Slurry Seal, Inc. Page 3 limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference, and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term Roy Allan Slurry Seal, Inc. Page 4 of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required Roy Allan Slurry Seal, Inc. Page 5 hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. Roy Allan Slurry Seal, Inc. Page 6 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. Roy Allan Slurry Seal, Inc. Page 7 On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controllinq Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. Roy Allan Slurry Seal, Inc. Page 8 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Roy Allan Slurry Seal, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY' OFFICE Date: c4.1 ZJC O(cl CITY OF NEWPORT BEACH, a California municipal corporation Date: By: I& By: Foi= Aaron C. Harp City Attorney ATTEST: Date: M Leilani I. Brown City Clerk Diane B. Dixon Mayor CONTRACTOR: Roy Allan Slurry Seal, Inc., a California corporation Date: Signed in Counterpart By: Wyatt Lawrence Allan President / Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Roy Allan Slurry Seal, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTO NEY'S OFFICE Date: r ZCa t-,<: Aaron C. Harp �•(� tq City Attorney ATTEST: Date: • 13� !►' ,�IMF BrownLeilani 1. City Clerk CITY OF NEWP a California mun Date.- By. ate:By. Dia B. Dixc Mayor CONTRACTOR: Roy Allan Slurry Seal, Inc., a California corporation Date:/14n By.dav��a—W Lawrence Allan President / Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C – Insurance Requirements Roy Allan Slurry Seal, Inc. Page 10 rwh notary public or other officer completing this rtificate verifies only the identity of the individual o signed the document to which this certificate is ached, and not the truthfulness, accuracy, or validity of that document, State of California County of Orange ) On - _ �%'� C1 before me, Ann -Marie Allan, Notary Public (insert name and title of the officer) personally appeared Lawrence Allan who proved to me on the basis of satisfactory evidence to be the personWwhose name(s5 is/ subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/heftir authorized capacity(ies), and that by his/heFAhreir signature(s) on the instrument the person(*, or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ,' OLA ��.r,IN•MARIEALLAN COMM. # 2114210 c� '"UBLIC CALIFORNIA v' ORANGE COUNTY AM Exp, Jul, 3, 2019 (Seal) Bond No.: RCB0019015 Premium: Included with Performance Bond EXHIBIT A CITY OF NEWPORT BEACH BOND No. RCB0019015 LABOR AND MATERIALS PAYMENT BONN WHEREAS, the City of Newport Beach, State of California, has awarded to Roy Allan Slurry Seal, Inc. hereinafter designated as the "Principal," a contract for in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. * Slurry Seal Program 19R04 WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, previsions, or tither 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, Contractors Bonding and Insurance Company duly authorized to transact business under the laws of the State of Califbmia, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of __ w• Dollars ( $946,629.00 ) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach ander the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present, ** Nine Hundred Forty Six Thousand Six Hundred Twenty Nine Dollars and 001100s 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 bre 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 some, 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 attomeys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of Califomia. The gond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the Califomia 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. Page A-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN V1flTNESS WHEREOF, this instrument has been duly executed by the above named Prinoipai and Surety, on the 11th day of April , 20 19 Roy Allan Slurry Seal, Inc. Name of Contractor (Principal) Contractors Bonding and Insurance Company Name of Surety 111 Pacifica, Suite 350, Irvine, CA 92618 Address of Surety (949)341-9110 Telephone APPROVED AS TO FORM: CITY A�TTON Y'S FFiCE Date: 5 201 By, 111 i�d� Aaron C- City Attorney p Authorized Signatureffitle Ale4�26 --- Authorized Went Signature Matthew J. Coats, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Page A-2 i 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 validit of that document. State of California County of grange ) Onbefore me, Ann -Marie Allan, Notary Public (insert name and title of the officer) personally appeared Lawrence Allan who proved to me on the basis of satisfactoryevidence to be the personWwhose nameW is/are- subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her4ft- it authorized capacity(ies), and that by his/hefA+teir signature(s) on the instrument the person(.s-}, or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature C� ANN•MARIEALLAN COMM, # 2114210 G) NOTARY PUBLIC -CALIF U' (Seal) O' ORANGE COUNTYMy Comm. EXP, Jul, 3, 2019 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 names) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hisiherAtheir authofted oapaolty(jes), and thht by hil/her/their Signatures(s) or the instniment the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this Certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } W. On , 20 before me, , Notary Public, personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/shelthey executed the same In his/her/their authorized capacity(ies), and that by his/herltheir 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 cornett. WITNESS my hand and official seal. Signature (seal) Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Oran On April 11, 2019 before me, Date personally appeared Matthew J. Coats Summer L. Reyes, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) 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. SUMMER L. REYES Notary Public - California Z :-: Orange County D Z Commission # 2158864 NlComm. Expires Jul 29, 2020 Place Notary Seal Above 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 Signa re of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Linda D. Coats, Matthew J. Coats, Summer Reyes, jointly or severally in the City of Laguna Niguel , State of California its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 21st day of August , 2018 . FOQh..4oQPOggr • .9y�; _$ SEAL 0 •r?c State of Illinois ;NO;g SS County of Peoria ))) On this 21st day of August , 2018 , before me, a Notary Public, personally appeared Barton W. Davis , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: t Ax4davt. �1. Lf& Gretchen L. Johnigk I Notary Public RLI Insurance Company Contractors Bonding and /,Insurance Company By: ?5W W .�'i Barton W. Davis o Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Compan and/or Contracto •s Bonding and Insurance Company this JL4k day of Ap RLI Insurance Company Contractors Bonding and Insurance Company By: Jean MO tephenson Corporate Secretary 04754040102/2 A0058817 GRETCHEN L JOHNIGPI41 TMEOF ILLINOIS 'OFFICIAL SEAU My Commission Fxpkes -•May 26, 2020 RLI Insurance Company Contractors Bonding and /,Insurance Company By: ?5W W .�'i Barton W. Davis o Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Compan and/or Contracto •s Bonding and Insurance Company this JL4k day of Ap RLI Insurance Company Contractors Bonding and Insurance Company By: Jean MO tephenson Corporate Secretary 04754040102/2 A0058817 Bond No.: RCB0019015 Premium: $5,233.00 ** premium is based on 100% of the final contract amount ** EXHIBIT B CITY OF NEWPORT BEACH BOND NO. RCB0019015 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 5,233.00 , being at the rate of $ 5.50 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Roy Allan Slurry Seal, Inc. hereinafter designated as the "Principal," a contract for Slurry Seal Program 19R04 in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, 'TNI-Itrrr kE, we, the Principal, and Contractors Bonding and Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of ** Dollars ( $946,629.00 ) lawful money of the United States of America, said sum being equal to 1 ccs1A of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we Mind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. *' Nine Hundred Forty Six Thousand Six Hundred Twenty Nine Dollars and 00/100s THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work., covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, Cleferid, and 9AVO riar!Tilintg the City Of Newport BeaCM, Ito 6fflt era, orf1 iloy1mg and agoras, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Band; 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 casts and raasonabl+e 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 rmeived, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive Page B-1 notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This f=aithful Performance Band 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 heath 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, can the 11th day of April ,20 19 Roy Allan Slurry Seal, Inc. Name of Contractor (Principal) Contractors Bonding and Insurance Company Name of Surety 111 Pacifica, Suite 350, Irvine, CA 92618 Address of Surety (949)341-9110 Telephone APPROVED AS TO FORM: CITY ATT eDiOFFICE Date: S qr By - Aaron C. Harp City Attorney Authorized Signature/Title Autfio_n ed int Signature Matthew J. Coats, I Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Page B-2 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 Orange ) On before me, Ann -Marie Allan, Notary Public (insert name and title of the officer) personally appeared Lawrence Allan who proved to me on the basis of satisfactory evidence to be the personWwhose name(�j is/ate• subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her4ftir authorized capacity(ies), and that by his/hefAheir signature(s) on the instrument the person(,s-}, or the entity upon behalf of which the person(*) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1 I ►� ; Signature♦ i .1� ANN VARIEALLAN z COMM,#2 NO14210 TARYPUBLIC-CALIFORNIA c' ORANGE COUNTY My Comm, Exp, Jul, 3, 2019 (Seat) ACKNOWLEDGMENT A notary public or other officer caorn leting, 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. Mate of Callfornia County of )SS' On , 20 before me, Notary Public, personalty appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Isiare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/nerffheir autnotl2m c apaeltypes), gird thdt by hisihorlthelr signatures($) on the itstrument 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. ii4tITNF-S9.niy hand and -official sea(. Signature (seal) ACKNOWLEDGMENT A notary public cur 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 6f Mat dituftft State of Califomia County of }s$. on , 20 before me, , Notary Public, personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose narne(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 Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal, Signature (real) Page IL-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Orange ) On April 11, 2019 Date personally appeared before me, Summer L. Reyes, Notary Public Matthew J. Coats Here Insert Name and Title of the Officer Name(s) of Signer(s) 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. SUMMER L. REYES Notary Public - California Orange County Z Commission #E 2158864 D My Comm. Expires Jul 29, 2020 Place Notary Seal Above 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 Signa�offttary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Linda D. Coats, Matthew J. Coats, Summer Reyes, jointly or severally in the City of Lagwla Ni@uel , State of California its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000,000.00 1 for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 21st day of August 2018 . Pp0 ggfs� 0 State of Illinois ;L1NO;Sa SS County of Peoria jjj On this 21st day of August , 2018 before me, a Notary Public, personally appeared Barton W. Davis , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: t d� &114 Gretchen L. Johnigk I Notary Public 04754040101/2 RLI Insurance Company Contractors Bonding and Insurance Company By: ?5 W .a"i Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Compan and/or Con acto}s Bondin and Insurance Company this TI qday of I. I O . RLI Insurance Company Contractors Bonding and Insurance Company By: 040 -It- � - A&44.� Jean M 0 tephenson V Corporate Secretary A0058817 SEA STATEOF ILLINOI2020 Commission"OFFICIAL My 04754040101/2 RLI Insurance Company Contractors Bonding and Insurance Company By: ?5 W .a"i Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Compan and/or Con acto}s Bondin and Insurance Company this TI qday of I. I O . RLI Insurance Company Contractors Bonding and Insurance Company By: 040 -It- � - A&44.� Jean M 0 tephenson V Corporate Secretary A0058817 EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers.. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Roy Allan Slurry Seal, Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following.- A. ollowing: 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 Roy Allan Slurry Seal, Inc. Page C-2 (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may Roy Allan Slurry Seal, Inc. Page C-3 review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. A Roy Allan Slurry Seal, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 5/6/19 Date Completed: 5/7/19 Sent to Company/Person required to have certificate: Type of contract: Dept./Contact Received From: Raymund Raymund By: Jan Roy Allen Slurry Seal, Inc. Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 7/1/18 — 7/1/19 A. INSURANCE COMPANY: Travelers Indemnity Company of CT B. AM BEST RATING (A- : VII or greater): A++ / XV INSURANCE COMPANY: Travelers Property Casualty Company of America C. ADMITTED Company (Must be California Admitted): B. AM BEST RATING (A- : VII or greater) A++ / XV Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1M/$2M E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must ® Yes include): Is it included? (completed Operations status does D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 COMPLETED OPERATIONS ENDORSEMENT (completed E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City (What is limits provided?) N/A its officers, officials, employees and volunteers): Is it F. included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be G. PRIMARY & NON-CONTRIBUTORY WORDING: included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured HIRED AND NON -OWNED AUTO ONLY: ® N/A is not limited solely by their negligence) Does endorsement ❑ No 1. include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 7/1/18 — 7/1/19 A. INSURANCE COMPANY: Travelers Property Casualty Company of America B. AM BEST RATING (A- : VII or greater) A++ / XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. ADDITIONAL INSURED WORDING: ❑ N/A ® Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING: ❑ N/A ® Yes ❑ No H. HIRED AND NON -OWNED AUTO ONLY: ® N/A ❑ Yes ❑ No 1. NOTICE OF CANCELLATION: ❑ N/A ® Yes 0 No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 7/1/18 — 7/1/19 A. INSURANCE COMPANY: Travelers Property Casualty Company of America B. AM BEST RATING (A-: VII or greater): A++ / XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 5/7/19 Date ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. Date City of Newport Beach Page 1 SLURRY SEAL PROGRAM 19R04 (C-7432-1), bidding on March 26, 2019 10:00 AM (Pacific) Printed 03-26/2019 Bid Results Bidder Details Vendor Name Roy Allan Slurry Seal, Inc. Address 11922 Bloomfield Ave. Santa Fe Springs, CA 90670 United States Respondee Lawrence Allan Respondee Title President Phone 562-864-3363 Ext. Email LAWRENCE@RASLURRY.COM Vendor Type License # CADIR Bid Detail Bid Format Electronic Submitted March 26, 2019 9:56:16 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 171231 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bid Submittal C-7432-1 Roy Allan Slurry Seal Bid Submittal C-7432-1 Roy Allan Slurry Seal.pdf General Attachment Bid Bond Bidders Bond.pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment Section 1 1 Mobilization LS 1 $24,000.00 $24,000.00 2 Traffic Control LS 1 $64,800.00 $64,800.00 3 Edge Grinding LF 200000 $0.36 $72,000.00 4 Crack Seal LS 1 $46,986.00 $46,986.00 5 Type I Slurry Seal SF 3800000 $0.13 $494.000.00 City of Newport Beach SLURRY SEAL PROGRAM 19R04 (C-7432-1), bidding on March 26. 2019 10:00 AM (Pacific Bid Results Type Item Code UOM Qty 6 Sealcoat Asphalt Based SF 157000 7 Signing and Striping LS 1 Subcontractors Name & Address BC Traffic Specialist 638 W. Southern Ave. Orange, CA 92865 United States Description License Num Striping and Marking 877686 Unit Price $0.24 $207,163.00 Subtotal Total CADIR 1000005503 Page 2 Printed 03.2612019 Line Total Comment $37,680.00 $207,163.00 $946,629.00 $946,629.00 Amount Type $188,330,00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS SLURRY SEAL PROGRAM 19R04 CONTRACT NO. 7432-1 PART 1 - GENERAL PROVISIONS 1 SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-2 PROTECTION 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 3 6-1.1 Construction Schedule 3 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 5 6-9 LIQUIDATED DAMAGES 5 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 6 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 6 7-1.2 Temporary Utility Services 6 7-2 LABOR 6 7-2.2 Prevailing Wages 6 7-8 WORK SITE MAINTENANCE 6 7-8.4 Storage of Equipment and Materials 6 7-8.4.2 Storage in Public Streets 6 7-8.6 Water Pollution Control 7 7-8.6.2 Best Management Practices (BMPs) 7-10 SAFETY 7-10.3 Haul Routes 7-10.4 Safety 7-10.4.1 Work Site Safety SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK 9-3 PAYMENT 9-3.1 General 9-3.2 Partial and Final Payment. PART 2 - CONSTRUCTION MATERIALS SECTION 203 — BITUMINOUS MATERIALS 203-5 SLURRY SEAL 203-5.1 General 203-5.4 Emulsion -Aggregate Slurry (EAS) 203-S.4.1 General 203-5.4.2 Materials 7 7 7 7 7 8 8 8 8 9 10 10 10 10 10 10 SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 10 214-4 PAINT FOR STRIPING AND MARKINGS 10 214-4.1 General 10 214-6 PAVEMENT MARKERS 10 214-6.3 Non -Reflective Pavement Markers 10 214-6.3.1 General 10 214-6.4 Retroreflective Pavement Markers 11 214-6.4.1 General 11 SECTION 215 - TRAFFIC SIGNS 11 PART 3 - CONSTRUCTION METHODS 11 SECTION 300 - EARTHWORK 11 300-1 CLEARING AND GRUBBING 11 300-1.3 Removal and Disposal of Materials 11 300-1.3.1 General 11 SECTION 302 - ROADWAY SURFACING 12 302-4 SLURRY SEAL SURFACING 12 302-4.8 Spreading and Application 12 302-4.9 Field Sampling and Testing 12 302-4.12 Street Sweeping and Cleanup 12 SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 12 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 12 314-2.1 General 13 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 13 314-4.1 General 13 314-4.2 Control of Alignment and Layout 13 314-4.2.1 General 13 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 13 314-4.4.1 General 13 314-4.4.2 Surface Preparation 14 314-5 PAVEMENT MARKERS 314-5.1 General SECTION 315 - TRAFFIC SIGN INSTALLATION PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-1 GENERAL 600-2 VEHICULAR ACCESS 600-3 PEDESTRIAN ACCESS SECTION 601— WORK AREA TRAFFIC CONTROL 601-1 GENERAL 601-2 TRAFFIC CONTROL PLAN (TCP) 14 14 14 14 14 14 15 15 15 15 16 CITY OF NEWPORT BEACH (.-BENJA F E SSPUBLIC WORKS DEPARTMENT MIN DAVIS SPECIAL PROVISIONS s2 ' 3 SLURRY SEAL PROGRAM 19R04 J zt1--or" VCAS\ CONTRACT NO. 7432-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -6092-S); (3) the City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction are available at the following website: http://www. newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS UNITS OF MEASURE AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the Contractor shall possess a Class "A" or "C-12" license. At the start of work and until completion of work, the Page 1 of 16 Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of distributing door hanger notifications to all homes and businesses in the work area, setting up traffic control, edge grinding, crack sealing, removing striping, slurry sealing, seal coating, temporary striping, final striping with thermoplastic paint and street sweeping. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs (prior to any markups) and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs (prior to any markups) and shall Page 2 of 16 constitute the markup for all overhead and profit. An additional markup of five (5) percent of the subcontracted actual cost (prior to any markups) may be added by the Contractor. To the sum of the costs and markups provided for in this subsection, one (1) percent may be added as compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Page 3 of 16 Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In additional, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. Contractor shall provide a list of streets that will be slurry sealed on each Tuesday and Thursday, which are the trash pickup days in these neighborhoods, so the City can coordinate early trash pickup on these streets every week. Contractor must coordinate special scheduling work at Newport Coast Community Center, this seal coat parking lot work must be completed before June 24, 2019. Contractor must coordinate all special scheduling work adjacent to schools. This contract includes slurry sealing Mar Vista Drive and Vista del Oro, which are adjacent to Corona del Mar High School and Our Lady Queen of Angels Catholic School. Slurry sealing adjacent to these schools shall not commence until after the last day of school June 21st when schools are out of session. This may require the contractor to demobilize and remobilize to multiple locations and multiple times based on how the Contractor schedules the work. No compensation will be made for remobilization to do this planned work. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 40 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Normal working hours are limited to 8:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 Page 4 of 16 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. The following days are designated City holidays and are non -working days. - 1 . ays: 1. January 1St (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31 st (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00. Page 5 of 16 Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, dust control, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready -mixed concrete for public works contracts are subject to prevailing wages. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor will not be allowed to start work until the Inspector has reviewed and approved the storage and staging areas, which shall be fenced with green screen and secured Page 6 of 16 on all sides. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 7-10 SAFETY 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. Page 7 of 16 The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules as requested by the Engineer, preparing and updating construction maps with color coding with corresponding construction dates, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This bid item shall also include all work necessary to demobilized and remobilize to locations that require special scheduling on all streets next to the three elementary schools in the project area. Special scheduling and remobilization will be required for work seal coating the Newport Coast Community Center shown on Sheet 14 of the Plans. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for delivering all required notifications and temporary parking permits, posting signs, covering conflicting existing signs, and all costs incurred notifying businesses and residents, providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards, K -rails, temporary striping, and flag persons. This item includes providing traffic control plan stamped by Traffic Engineer for lane closure required on San Joaquin Hills Road. This item includes providing four CMBs and updating messages on the CMBs as requested by the Engineer. This item also includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City requirements. Page 8 of 16 Item No. 3 Edge Grinding: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for using a smooth grinder at least 18 inches wide at the edge of pavement per the Edge Grinding detail on Sheet 16, and all other work items as required to complete the work in place. Item No. 4 Crack Seal: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for routing out the crack, applying a soil sterilizer, crack sealing of the existing asphalt roadway to be slurry sealed with a hot - applied crack sealant (Deery 200 product by Crafco or approved equal), to the roadway and all other work items as required to complete the work in place. Contractor will be required to fill all cracks greater than 1/8" in street areas and parking lots. Item No. 5 Type I Slurry Seal: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to preparing the roadway surface, removing existing traffic striping and pavement markings, protecting raised pavement markers, providing slurry test report only when initial test results do not meet specifications, placing Type I slurry seal, providing follow up street sweeping to clean up raveling sand in cul de sacs and all other work items as required to complete the work in place. Item No. 6 Sealcoat Asphalt Based: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to preparing the roadway surface, removing existing traffic striping and pavement markings, protecting raised pavement markers, providing sealcoat test report only when initial test results do not meet specifications, placing two coats of asphalt based sealcoat, and all other work items as required to complete the work in place. Item No. 7 Signing and Striping: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing pavement striping and markers, removing or relocating street signs and posts, all seal coated parking lots require new ADA signs R99C (CA) and van accessible R7 -8B where applicable, installing pavement striping, markings and markers, installing street signs and posts, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS Page 9 of 16 SECTION 203 — BITUMINOUS MATERIALS 203-5 SLURRY SEAL 203-5.1 General Slurry seal shall be emulsion -aggregate slurry (EAS) conforming to 203-5.4. 203-5.4 Emulsion -Aggregate Slurry (EAS) 203-5.4.1 General Emulsion -aggregate slurring (EAS) shall be Type I-CQS-1 h conforming to 203-3 203-5.4.2 Materials 203-5.4.2.2 Emulsified Asphalt Emulsified asphalt shall be of quick set type. 203-5.4.2.4 Latex Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company, Inc., or equal approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 2%2 percent of weight of the emulsified asphalt. Latex -added emulsified asphalt shall be kept in a suspended state by an agitating mixer and mixed every three days. SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS 214-4.1 General Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized thermoplastic. 214-6 PAVEMENT MARKERS All pavement markers shall comply with Section 85 of the State of California Standard Specifications. 214-6.3 Non -Reflective Pavement Markers 214-6.3.1 General Page 10 of 16 All new non -reflective pavement markers Types A and AY shall be ceramic. 214-6.4 Retroreflective Pavement Markers 214-6.4.1 General All retroreflective pavement markers shall be cros Series 290 with glass -covered faces, or approved equal. Add Section 215 — TRAFFIC SIGNS SECTION 215 - TRAFFIC SIGNS Signs shall be standard size per the California MUTCD unless otherwise shown. Retroreflective sheeting shall be Type 4 or greater. Sign shall be made of aluminum (0.08 inch thickness). New sign posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge 2 Y4 inch unistrut (OD) base. Sign mounting hardware and brackets shall be stainless steel. Unless otherwise specified, mounting hardware shall be 5/16"-18. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. Page 11 of 16 SECTION 302 - ROADWAY SURFACING 302-4 SLURRY SEAL SURFACING 302-4.8 Spreading and Application Slurry shall not be applied prior to 8:00 A.M. and shall not be applied after 1:00 P.M., unless approved by the Engineer. Approval of applications after 1:00 P.M. will only be for the purpose of completing the section of work that is underway. Slurry seal shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. on the same day. In case of damage done by vehicles and/or pedestrians upon slurry that has not been sufficiently cured, the Contractor shall replace all of the damaged work at the Contractor's expense and no additional compensation shall be made by the City. Upon the completion of the day's slurry seal or seal coating, streets and parking lots shall be temporarily striped within 24 hours. All Stop Bars shall be temporarily striped before street is reopened to traffic on the same day. Final striping and marking shall be installed no more than ten (10) working days after placement of slurry seal. Prior to applying slurry seal, the Contractor shall clean all work surfaces and remove all loose materials, vegetation, oil, and other foreign material. Additionally, all locations with weeds shall be treated by an approved weed -killer before any slurry seal is applied. 302-4.9 Field Sampling and Testing Upon the Engineer's direction, the Contractor shall slurry seal test sections within the construction limits for each batch of slurry seal mix. The Contractor shall apply the slurry seal test sections as directed by the Engineer. No slurry seal shall be applied until the test slurry seal sections have been approved the Engineer. The costs of these slurry seal tests shall be included in the contract price paid for slurry seal and no additional compensation shall be made by the City to the Contractor. Field samples that do not meet the requirements of Table 302-4.9.1 shall be re -tested. The Contractor shall be responsible for all cost associated with the re -testing. 302-4.12 Street Sweeping and Cleanup The Contractor shall provide street sweeping of cul de sacs to pick up sand raveling that is prone in these locations. The street sweeping shall be one and two weeks after slurry seal is placed. SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS Page 12 of 16 314-2.1 General The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer. 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-4.1 General Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been placed. All Stop Bars shall be temporarily striped before street is reopened to traffic on the same day. 314-4.2 Control of Alignment and Layout 314-4.2.1 General The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight. 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 314-4.4.1 General The Contractor shall inventory the entire project limits and place all striping and markings, upgraded to the current standards, in-kind. All yellow school crossings shall be upgraded to Continental striping detail per Sheet 15 of the Plans. Removal of existing cross walk thermoplastic shall not be done until the school year is over after June 21, 2019. All Yield bars in the project area shall be upgraded to yield teeth as per Sheet 15 of the Plans. The contractor shall "cat track" for stripings and marking no later than 24 hours after application of slurry, Contractor shall notify the Engineer when completed for Traffic Engineering review. The final reflectorized thermoplastic striping shall not be applied until the slurry seal has been in place for at least 7 days. The thermoplastic shall be applied at 0.45 mm Page 13 of 16 minimum thickness for all striping except crosswalks and limit lines which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. 314-4.4.2 Surface Preparation Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. 314-5 PAVEMENT MARKERS 314-5.1 General Raised pavement markers shall not be placed until the finish course pavement or slurry seal has been in place for at least 15 days. Add Section 315 — TRAFFIC SIGN INSTALLATION SECTION 315 - TRAFFIC SIGN INSTALLATION All handicap accessible parking signs in parking lots must be replaced with new R99C (CA) and Van Accessible spots must have R7 -8B. Location of traffic signs shown on plans is approximate and shall be approved by the City prior to installation. Signs shall be installed at a clear height of seven feet at minimum unless otherwise shown on plans. Unistrut base shall be installed at a depth of 18 inches in concrete and 30 inches in dirt. Contractor shall USA location prior to installing sign. Anti -seize lubricant shall be applied to hardware/fasteners prior to installation. PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-1 GENERAL Ten (10) working days prior to starting work, the Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Page 14 of 16 Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notices when construction operations will start for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 600-3 PEDESTRIAN ACCESS Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, up to four (4) changeable message signs (CMS), and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected establishments. Messages for the CMS shall be updated by the Contractor as directed by the Engineer. Page 15 of 16 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street or alley during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3466 and all affected property owners. 5. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. 6. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight. Page 16 of 16 U) biz JOHN WAYNE Q . AIDD/1DT VICINITY MAP NOT TO SCALE 0 PROJECT LOCATION CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2018-2019 SLURRY SEAL PROGRAM BENJAMIN DAVIkii' No. 82A0 0, 2 APPROVED ANDY TRA . C.E. 63670 SENOR CIVIL ENGIN==R DATE SCALE SHEET 1 30 2019 N.T.S. 1 OF 16 DRAWN BD C-7432-1 R -6092-S CAMPUS DRIVE � I i / BIRCH'' STREET �9 I 1 [� I U G W 2, m Z I m 0 1 O �y -- a i O LL O I S3� ui b S I O Z I Z pY u.. 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ARROYO PARK LIMITS OF SEAL COATING PARKING LOTS CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT ANDY TRA C.E. 63670 2018-2019 V-2019 SLURRY SENIOR CIVIL ENGINEER DATE SCALE SHEET 1/30/2019 N.T.S] 10 OF 16SEAL PROGRAM DRAWN BD C-7432-1 I R -6092-S NOTE: AVENUE 6/28 DUE TO NO SEAL COATING t=. 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" OF 16,- DRAWN BD C-7432-1 t R -6092-S j.: \100' zt+r `I P 7- 'N a U) ~ ,'NII M � ✓.:lit �,, i j.: \100' zt+r `I P 7- 'N a EASTBLUFF PARK LIMITS OF SEAL COATING I ss/0 I BENJAMIN DAVIS z No. 82 3 0 o o 1 PARKING LOT - SOUTH CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT ANDYTRA ENGINEER 70 CI�L GINEEER SEN 2018-2019 SLURRY DATE SCALE SHEET Ic SEAL PROGRAM BD 1 30 20,9 NTS 12 16 DRAWN C-7432-1 R -6092—S U) ~ ,'NII EASTBLUFF PARK LIMITS OF SEAL COATING I ss/0 I BENJAMIN DAVIS z No. 82 3 0 o o 1 PARKING LOT - SOUTH CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT ANDYTRA ENGINEER 70 CI�L GINEEER SEN 2018-2019 SLURRY DATE SCALE SHEET Ic SEAL PROGRAM BD 1 30 20,9 NTS 12 16 DRAWN C-7432-1 R -6092—S o ry lz o z EASTBLUFF PARK LIMITS OF SEAL COATING PARKING LOT - NORTH CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2018-2019 SLURRY SEAL PROGRAM APPROVED ANDY TRAC.E. 63670 SENIOR Cl' DATE SCALE SHEET 1 30 2019 N.T.S. 13 OF 16 DRAWN BD C-7432-1 I R -6092-S K NOTE: SEAL COATING AT THIS LOCATION �> MUST BE COMPLETED '\ BEFORE JUNE 24 U) Z W NEWPORT COAST COMMUNITY CENTER ,or cAoFO`��\ LIMITS OF SEAL COATING PARKING LOT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2018-2019 SLURRY SEAL PROGRAM APPROVED ' ANDY TRA C.E. 63670 SENIOR CIVIL ENGINEER DATE SCALE SHEET 1 Z3012019 N.T.S. 14 OF 16 DRAWN BD C-7432-1 R -6092-S V� 2 �>a K NOTE: SEAL COATING AT THIS LOCATION �> MUST BE COMPLETED '\ BEFORE JUNE 24 U) Z W NEWPORT COAST COMMUNITY CENTER ,or cAoFO`��\ LIMITS OF SEAL COATING PARKING LOT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2018-2019 SLURRY SEAL PROGRAM APPROVED ' ANDY TRA C.E. 63670 SENIOR CIVIL ENGINEER DATE SCALE SHEET 1 Z3012019 N.T.S. 14 OF 16 DRAWN BD C-7432-1 R -6092-S 12 inches base 6 inches 24 inches V VVV V height 36 inches 12ft Direction of travel YIELD LINE LAYOUT Direction of travel SPEED BUMP MARKING Center of Speed Bump 12 -inch white narkings MATCH EXISTING CONTINENTAL CROSSWALK DETAIL NOTE: GAPS SHOULD BE PLACED IN A WHEEL PATH OF TRAVEL IF POSSIBLE. MARKINGS SHALL BE WHITE THERMOPLASTIC AND YELLOW FOR CROSSWALKS NEAR SCHOOLS. YIELD, CROSSWALK & BUMP DETAILS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2018-2019 SLURRY SEAL PROGRAM APDROVED TONY BRINE R.C.E. 4 1 CTY-RAFFIC ENGINE SCALE S' -iEET 1/30/2019 N.T.S. 15 OF 1 VN BD C-7432-1 R -6092-S EXIST GRADE on Grind existing slurry seals flush with edge of gutter Grind excess slurry on top of gutter CURB OR VALLEY GUTTER EDGE GRINDING DETAILS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2018-2019 SLURRY SEAL PROGRAM APPROVED ANDY TRAC.E. 63670 SENIOR CIVIL ENGINEER DATE SCALE SHEET 1/30/2019 N.T.S. 16 OF 16 DRAWN BD C-7432-1 R -6092-S