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Home My WebLink AboutC-7681-1 - Slurry Seal Programt: November 24, 2021 Roy Allan Slurry Seal, Inc. Attn: Lawrence Allan 11922 Bloomfield Ave. Santa Fe Springs, CA 90670 Subject: Slurry Seal Program — C-7681-1 Dear Mr. Allan: I1in r"Ivi + onhv nrly,, Newp It Boo, h. � i llurni.i y766i) bl7-b-7=1' U1111 I'141+4ti0_i4 rA. n�wtni th«•xhrn.�)ov On November 24, 2020, 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 25, 2020 Reference No. 2020000685997. The Surety for the contract is Contractors Bonding and Insurance Company and the bond number is RCB0019041. Enclosed is the Faithful Performance Bond. Sincerely, Leilanl. Brown, MM City Clerk Enclosure CITY OF NEWPORT BEACH BOND NO. RCB0019041 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ $5,913.00 , being at the rate of $ 6.00 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 the distribution of three rounds of door hanger notifications, setting up traffic control, edge grinding, weed spraying, crack sealing, removing of striping, slurry sealing, seal coating, temporary striping, final striping with thermoplastic paint and street sweeping, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and 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 One Million Eighty Two Thousand Six Hundred Six Dollars and 20/100 ($1,082,606.20) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Roy Allan Slurry Seal, Inc. Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 17th day of April '2020 . 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 ATTORNEY'S OFFICE Date: 5" In Aaron C. Harp City Attorney Authorized Signaturefritle Authorized A ' t Signature Matthew J. Coats, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Roy Allan Slurry Seal, Inc. s Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange _) On _iiA I Q V) Z tQ before me, Ann -Marie Allan, Notary Public (insert name and title of the officer) personally appeared Lawrence Allan who proved to me onthe basis of satisfactory evidence to be the person(LS whose name(sj islare subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/their authorized capacity(iess), and that by his/herftheir 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 sea]. W ANN•MARIEALLAN Commission No. 2293759 J ° Y0m, NOTARY PUBLIC -CALIFORNIA OR NIA GRANGE COUNTY Signature "�(-Y�(Seal) Comm. 60oaa JULY 3.1017 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )Ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herttheir 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 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Roy AllanSlurry Seal, Inc. Page B-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 On APR 1 71020 before me, Date personally appeared _____ Matthew J. Coats Adelaide C. Hunter. 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. ADELAIDE C. HUNTER Notary Public -California Orange County z Commission 8 2168064 n v My Cot Expires 'Oct 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 Signature Signature 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: _ Document Date: Number of Pages: .__ Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: I 1 Corporate Officer — Title(s):._ ❑ Partner — I 1 Limited I I General I Individual I I Attorney in Fact I I Trustee I _ I Guardian or Conservator I I Other: Signer Is Representing: Signer's I 1 Corporate Officer — Title(s):. I I Partner — I I Limited I I General I I Individual I I Attorney in Fact L I Trustee I I Guardian or Conservator I I Other: Signer Is Representing: ",fv�..i.Y=G¢�c�."csr r.�x�e>,C�c%L�%L"%C<•.Gr {.'z%9e4r�.r.:.;w:S�.0 %C.•,�,.%Fx U¢.rvK �'�r�.R,e�{�K[:%C:°,i:'=�z-Vx:��¢e�:se ;r e �"n<:':c,•;z•.%t:,. ©2014 National Notary Association - www.NationalNotary.org - 1 -800 -LIS NOTARY (I-800-876 6827) Item 85007 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 Hills , 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: "ATI 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 WI'T'NESS 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 4th day of February_, 2020 . RLI Insurance Company '`WlrContractors Bonding and Insurance Company i 1 i Ily:�— Barton W. Davis Vice President State oflllinois l } County of Peoria JJJ SS C1,RTIFICA'1'IS On this 411E day of February 2020 , before me, n Notary Public, personally appeared Barton W Davies, who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid utlicer 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 AI. d th+L Gretchen L. Johnigk -° ----- iNotary Public OREICHEN LJOHNIGK , Nuoi�k 'OFFICIALS FAL' CM.y W. 2020 Biu woes Y Aims May W. 2030 0.115404020? 17 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 firth 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 Cont •actors Bonding and Insurance Companythisdayof_ RLI Insurance Company Contractus Bonding and Insurance Company By: �24jn�jj 13 jicK Jeffrey Dcyielll V V�T Corporate Secminu'Y February 8, 2021 Roy Allan Slurry Seal, Inc. Attn: Lawrence Allan 11922 Bloomfield Ave. Santa Fe Springs, CA 90670 Subject: Slurry Seal Program - C-7681-1 Dear Mr. Allan: 1 T OF NEYVPfJtt r SEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAY new port beachca.gov On November 24, 2020 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 25, 2020, Reference No. 2020000685997. The Surety for the bond is Contractors Bonding and Insurance Company and the bond number is RCB0019041. Enclosed is the Labor & Materials Payment Bond. Sincerely, ��Q�4 Leilani 1. Brown, MMC City Clerk Enclosure EXHIBIT A CITY OF NEWPORT BEACH BOND NO. RCB0019041 Premium: Included with Performance Bond 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: the distribution of three rounds of door hanger notifications, setting up traffic control, edge grinding, weed spraying, crack sealing, removing of striping, slurry sealing, seal coating, temporary striping, final striping with thermoplastic paint and street sweeping, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, 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 One Million Eighty Two Thousand Six Hundred Six Dollars and 20/100 ($1,082,606.20) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemp'oyment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Roy Allan Slurry Seal, Inc. Page A-1 required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 17th day of April , 2020 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 ATTORNEY'S OFFICE Date: 5-/142a R Aat6n C. Hfarp City Attorney Authorized Signature/Title Authorized fient Signature Matthew J. Coats, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Roy Allan Slurry Seal, Inc. Page A-2 r � � A notary public or other officer completing fhis certifcate verifies only the identity of the individual who signed the dooument fo which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ Orange On }\D(A 2017020 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(1sj'whose name(o Ware - subscribed to the within Instrument and acknowledged to me that he/sheAhey executed the same in his/he4their authorized capacity(ift), and that by his/hefAheir signature(s) on the instrument the person(,-), or the entity upon behalf of which the person(a) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature`' j C$ B Ail _ ------------- ................ ANN•Mff ALLAN Commission No. 2293789 NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY WMy, Comm E.p o' JULY 3, 2023 (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of }ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Roy Allan Slurry Seal, Inc. 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 Orange ) On APR 1 7 2020 before me, _ Date personally appeared Matthew J. Coats Adelaide C. Hunter, 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. 7 ADELAIDE C. HUNTER 7 Notary Public -California Orange County Z Commission # 2168064 My Comm. Expires Ocl 19. 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 , &ylo Signature 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: F1 Corporate Officer — Title(s): ❑ Partner — [7 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 #15907 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, It, 61615 Phone: 800-645-2402 Know Aff 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 Hills , 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 4th day of February 2020 . RLI Insurance Company ;aN�,N,u eno,p • ,�VPpIJCE�e�', Contractors Bonding and Insurance Company a .''"oq oy a •. ...... .o'. SEAL Barton W. Davis Vice President State of Illinois `"NO'' - <<c"N oNsI ' SS County of Peoria CERTIFICATE On this 4th day of February 2020 , before me, a Notary Public, personally appearedBano_ n W Dom_, 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. tYtJltil1ft�+ 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,t/{ract rs Bondingand Insurance Companythis �^kdayof qg—T ,1J RLI Insurance Company Contractors Bonding and Insurance Company By: gdk`""R r✓ *� Jeffrey f i�T' Corporate Secretary 04754040201/2 A0058DI9 Batch 8325129 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder Illlll111111111111111111l111i11111l1Illlllllj 111'11111111111111111111 NO FEE � S R 0 0 1 2 2 7 9 2 0 a$ 2020000685997 8:57 am 11125120 90 RIN9A 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 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 14, 2020. Said Contract set forth certain improvements, as follows: Slurry Seal Program - C-7681-1 Work on said Contract was completed, and was found to be acceptable on November 24, 2020, 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 PublicFWoTks Dire for 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 /y�Ul%a'r 1 !�[Ji�—, at Newport Beach, California. ►.!.Il.�� ►�, Hyl https:Hgs.secure-recording.com/Batch/Confirmation/8325129 11/25/2020 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 14, 2020. Said Contract set forth certain improvements, as follows: Slurry Seal Program - C-7681-1 Work on said Contract was completed, and was found to be acceptable on November 24, 2020, 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. J BY Publi orks Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on /�9V�//vl i - i oU;4? at Newport Beach, California. BY d&4� 4, City Clerk CITY OF NEWPORT BEACH 111 1 ..4 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 12th day of March, 2020, at which time such bids shall be opened and read for SLURRY SEAL PROGRAM PROJECT NO. 20R04 CONTRACT NO. 7681-1 $910,000 Engineer's Estimate Approved by, (r,Liames M. Houlihan puty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanvlD=22078 Hard copy plans are available via Mouse Graphics at (949) 548-5571 659 W. 19th Street, Costa Mesa, CA 92627 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-transl)arent/online-services/bids-rfps- vendor-registration City of Newport Beach SLURRY SEAL PROGRAM PROJECT NO. 20R04 CONTRACT NO. 7681-1 TABLE OF CONTENTS NOTICEINVITING 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 2 City of Newport Beach SLURRY SEAL PROGRAM PROJECT NO. 20R04 CONTRACT NO. 7681-1 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; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening 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 (Bid Due Date.) 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. K 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may 4 be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed. Contractor's License No. & Classification ;Authorized Signature/Title DIR Registration umber & Expiration Date Date Bidde 5 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 s On before me, Ann -Marie Aman, Notary Public (insert name and tltle of the offiCeri personally appeared_ Lawrence Allan who proved to me on the basis of satisfactory evidence to be the person(,$)'whose name( is/am subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/4eF/ftir authorized capacity0es), and that by his/herft4telr 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. I M1. � i NO 1, (Seal) AMkMRIE ALLAN cOm"NB$!On NO. 23759 NOTARY PUBLIC -CALIFORNIA � JULY 3, so:3 ACKNOWLEDGMENT .............................................................................. State of California County of On personally appeared ss. before me, Notary Public, ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: E Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. City of Newport Beach SLURRY SEAL PROGRAM PROJECT NO. 20R04 CONTRACT NO. 7681,1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten percent of the total amount of the bid Dollars ($ 10% , to he paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of SLURRY SEAL PROGRAM, Contract No. 7681.1 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(g) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the elate 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 5th 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 2020, Authorized Signature/Title Aunt 1zed Agent Signature Matthew J. Coats, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) C. 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 kA Can r��20Za before me, Ann -Marie Allan, Notary Public (insert name and title of the offi^er; personally appeared Lawrence Allan who proved to me on the basis of satisfactory evidence to be the person(,s}'whose name(,, j is/are• subscribed to the within instrument and acknowledged to me that he/she hey executed the same in his/lei�ir authorized capacityges), and that by his/her fir 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 ' 1 ,, loa ---------------------------------------ANN-MARIE ALLAN Commission No. 2293759 NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY (Seal) Ifemy Comm. Expires JULY 3. 2023 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 MAR 0 5 2020 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. P79 SUMMER L. REYES Notary Public - California Z: `� Orange County 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 C&Izg/y Signature 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 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 o-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 . RLI Insurance Company o�o�aallo:NSG9., C', INN Co�,Contractors Bonding and Insurance Company " IV.OQy •GOAPORgT� �vZA' `� .' OOAPORq y' SEAL .:V SEAL 1° By Barton o W. Davis Vice President u State of Illinois 41N014�1 N OX } SS County of Peoria J CERTIFICATE 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: tAV4t14% 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 Compagy and/or Contractors Bonding and Insurance Company this TAIL- day of N1wrrl. -IT67-0. RLI Insurance Company Contractors Bonding and Insurance Company By: _ 004�- . A&dm,443 Jean MO tephenson V Corporate Secretary 0475404020212 A0058817 NOTARY PUBLIC -4 'OFFICIAL SEAL" .4 CommissionILLIKOIB My May 26.2020 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 Compagy and/or Contractors Bonding and Insurance Company this TAIL- day of N1wrrl. -IT67-0. RLI Insurance Company Contractors Bonding and Insurance Company By: _ 004�- . A&dm,443 Jean MO tephenson V Corporate Secretary 0475404020212 A0058817 City of Newport Beach SLURRY SEAL PROGRAM PROJECT NO. 20R04 CONTRACT NO. 7681-1 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. Bidders must also include DIR registration numbers for each subcontractor. l fi Biddel Authorized Signature/Title E City of Newport Beach SLURRY SEAL PROGRAM PROJECT NO. 20R04 CONTRACT NO. 7681-1 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 Project Description Approximate Construction Dates: FromTo:T Agency Name Contact Person Telephone f4m) Zcti I — zoi? (� Original Contract Amount $`l�idkina-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. 10 No. 2 Project Name/Number Project Description Approximate Construction Dates: From To: Agency Name I Contact Person Q% r 1.c, C111 g:"Telephone,�) ��t ? — Z`f �) Original Contract Amount $4V Xf'OFinal Contract Amount $ I( y�J 07 - L/J If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number f/�(!�!v►n.��r;,��L,�fi�1.� Project Description Approximate Construction 1` Dates: From To: 3r�/ L( Agency Name CA� o l\� �ti.r �r►„y --416 trA1 Contact Person \0 j1n ('4 �(�� Telephone� W n -2-0M 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. 11 No. 4 Project Name/Number-2 ► Project Description Approximate Construction Dates: Frroi/gym q/To: i (lei (/ Agency Name Contact Person j<��-✓ Telephone") �J Original Contract Amount Final Contract Amount $ 7� . i S v-0 If final amount is different from original, pease 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. &An No. 5 Project Name/Number InN C Project Description Approximate Construction Dates: Agency Name Contact Person UJ Original Contract Amount $ (xO & Winal To: _Telephone dSI) 6 �6 -0 X� o ontract Amount If final amounts 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. 12 No. 6 Project Name/Number �G�►� Project Description Approximate Construction Dates: IFrom 7 6 To:_�/ Agency Name<, v Contact Person Telephoner-� Original Contract Amount 2S Final Contract Amount $ If final amount is different from original, please explain (change orders, 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. X41 � Bidde Authorized Signature/Title 13 City of Newport Beach SLURRY SEAL PROGRAM PROJECT NO. 20R04 CONTRACT NO. 7681-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss County of OtP inrAp ) ' beA first duly sworn, depos s and says that he or she is ,.,..�— of , the party making the foregoing bid; that the bid is not made in the intere t of, or on behalf f, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the ZAL,4----- of California that the foregoing is true and correct. v �Ir [Ticld—eill Authorized Signature/Title Subscribed and sworn to (or affirmed) before me on this day of , 2020 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: A notary public or other officer completing this certificate verifies only the ides atit�; 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 and sworn to (or affirmed) before me on this day of _1 nLtx e,M , 20. -I -c> , by Lawrence Asian proved to me on the basis of satisfactory evidence to be the , person(s) who appeared before me. ANN -MARIE ALLAN Commission No. 2293759 i NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY MY Comm. Expires JULY 3. 2023 A� (Seal) Signature ani. \ 1 lC.u.c ,�Q�I 1. City of Newport Beach SLURRY SEAL PROGRAM PROJECT NO. 20R04 CONTRACT NO. 7681-1 DESIGNATION OF SURETIES Bidder's name 1" Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type) - 2 -y 1 S 2-7 OCIO 941 X91-911 15 City of Newport Beach SLURRY SEAL PROGRAM PROJECT NO. 20R04 CONTRACT NO. 7681-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name '�12( a Malln� S -IL, r V-1, Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Current Record Record Record Record Record Year of for for for for for Record 2019 2018 2017 2016 2015 Total 2020 No. of contracts 10 .s do ,Ll Total dollar Amount of Contracts (in Thousands of $) 14L� 10M 9 -?,44 73 Gct se No. of fatalities No. of lost Workday Cases 0 .2- (� No. of lost workday cases involving permanent transfer to another job or termination of V rpt 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 Ai Business Address: CJC Business Tel. No.: �kT3 7 Z State Contractor's License No. and Classification: Title The above information was compiled from the re ords that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] 17 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 MVr CAn gZA Z O 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 name(oj is/ate• subscribed to the within instrument .and acknowledged to me that he/sheAhey executed the same in his/lie#ftir authorized capacity(), and that by his/hefA eir signatures) on the instrument the person(*, 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 my hand and official seal. � ANN EX COMISSlon No. 2M70 NOTARY PUBLIC•CAIIFOnN1A v (Seal) ■. ORANGECOUJULY yy 3. Signature � � �X � MY Comm. Expires JULY J. 2013 City of Newport Beach SLURRY SEAL PROGRAM PROJECT NO. 20R04 CONTRACT NO. 7681-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name cz-----� W4rvLA &4A 14-t" 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 PROJECT NO. 20R04 CONTRACT NO. 7681-1 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: A . A - - I &a4 - I =V . - ( Business Address: Telephone and Fax Number: _ t;��^ &a„)-S3GL S California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) Original Date Issued: Expiration Date: 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 Corporation organized under the laws of the State of Cv- 1 4, 19 Telephone ��,3 tV— 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: O 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. �L 6 Have you ever failed to complete a project? If so, explain. W 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 con�oiance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / to Ce Are any claims or actions unresolved or outstanding? Yes / No 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. �2CA i.4; )UI /�'11l,�'- (Print name of Owner or President o Corporation/Company) ru o Ee Sig nature/ Title Title Dat6 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. Notary Public in and for said State My Commission Expires: 21 (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 L�ra]idity of that document. State of California County of Orange f On �� ,%Zt� before me, Ann -Marla Allan, Notary Public !lnsert name and title r,�f ftta of n'M vs v.vv� personally appeared Lawrence Allan who proved to me on the basis of satisfactory evidence to be the person 'whose named j Ware - subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/hero teir authorized capacity( ), and that by his/hefAheir signature(s) on the instrument the person(,}, or the entity upon behalf of which the persona) 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 sea]. � ANNAWMAUAN COMMISeion No. 2293759 NOTARY PUBLIC -CALIFORNIA ComT Ex ORANGE COUNTY Signature1XLV_-.MCl l t� �AD:A 1. { Irc't1) o �uLr a, soya City of Newport Beach SLURRY SEAL PROGRAM PROJECT NO. 20R04 CONTRACT NO. 7681-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 SLURRY SEAL PROGRAM CONTRACT NO. 7681-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 14th day of April, 2020 ("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 Ave. Santa Fe Springs, CA 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: the distribution of three rounds of door hanger notifications, setting up traffic control, edge grinding, weed spraying, crack sealing, removing of 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 ocuments: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. 7681-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Million Eighty Two Thousand Six Hundred Six Dollars and 20/100 ($1,082,606.20). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated 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: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at.- Attention: t:Attention: Lawrence Allan Roy Allan Slurry Seal, Inc. 11922 Bloomfield Ave. 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 Roy Allan Slurry Seal, Inc. Page 3 conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. Roy Allan Slurry Seal, Inc. Page 4 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. Roy Allan Slurry Seal, Inc. Page 5 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be Roy Allan Slurry Seal, Inc. Page 6 retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seg., 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. Roy Allan Slurry Seal, Inc. Page 7 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. inconsistencies between this Contract and terms of this Contract shall govern. In the event there are any conflicts or any other attachments attached hereto, the 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 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. Roy Allan Slurry Seal, Inc. Page 8 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] 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'S OFFICE Date:_ By. Aaron . Harp City Attorney Date: ATTEST: By: r Leilani I. Brown City Clerk ►v CITY OF NEWPORT BEACH, a California municipal corporation Date: ylz.Oeze&o Will O'Neill Mayor CONTRACTOR: ROY ALLAN SLURRY SEAL, INC., a California corporation Date: Signed in Counterpart By: Wyatt Lawrence Allan Chief Executive Officer/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 ATTORNEY'S OFFICE Date:_ e /(�/Z p Z,d By: ci� /L— Aaron . Harp City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date.- By: ate: By: Will O'Neill Mayor CONTRACTOR: ROY ALLAN SLURRY SEAL, INC., a California corporation Date: �Vzoao By. Wyatt Lawrence Allan Chief Executive Officer/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 A notary public or other officer completing this certificate verges only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or va]]dit of that document. State of California County of Orange On c � 2G �2c�2c� before me, Ann -Marie Allan, Notary Public (insert name and title of the offincr) e.w u�vwv � personally appeared Lawrence Allan who proved to me on the basis of satisfactory evidence to be the personWwhose name jsis/are• subscribed to the within instrument .and acknowledged to me that he/sheAMy executed the same in his/he#ftir authorized capacity(ies), and that by his/hef it 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 fpregoing paragraph is true and correct. WITNESS my hand and official sea]. Le. � 1E`ALUW Commission No. 22937% NOTARY PUBLIC•CALIFORNIA Cw" Ex ORANOE COUNTY S ignature �� (Seal) oaa �utY 3.2023 SPECIAL RESOLUTION OF THE SHAREHOLDERS OF ROY ALLAN SLURRY SEAL, INC. This is a special resolution unanimously approved by all of the shareholders holding shares in ROY ALLAN SLURRY SEAL, INC. This resolution was approved at the meeting of the shareholders held on April 29th, 2018 at 11922 Bloomfield Ave, Santa Fe Springs, California 90670. Roy Allan and Gay D. Allan, being the only shareholders of the corporation, were in attendance and unanimously approved the following resolution: WHEREAS it is deemed to be in the best interest of this corporation to provide for continuity of activity and for the convenience of the officers of this corporation, to provide authority so that either the President or the Vice President of this corporation shall have authority to sign documents separately, and thereby bind the corporation. IT IS THEREFORE RESOLVED that either the President or the Vice President of ROY ALLAN SLURRY SEAL, INC., shall hereafter have the authority, when acting alone, to bind this corporation to the terms of any document to which the President or Vice President shall affix his signature. The individual presently acting in the capacity of President, Vice President, and Secretary is WYATT LAWRENCE ALLAN. It is respectfully requested by the shareholders of this corporation, that any part with whom this corporation has dealings, will recognize this resolution and accept the signature of either the President or the Vice President of this corporation, acting alone, on any document intended to bind this corporation legally. By their signatures hereto, the shareholders of this corporation hereby waive notice of the above-described meeting and consent to the resolution set forth above. Dated April 29th, 2018 J Roy Allan, Shareholder i Gay Allan, Shareholder i EXHIBIT A CITY OF NEWPORT BEACH BOND NO. RCB0019041 Premium: Included with Performance Bond 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: the distribution of three rounds of door hanger notifications, setting up traffic control, edge grinding, weed spraying, crack sealing, removing of striping, slurry sealing, seal coating, temporary striping, final striping with thermoplastic paint and street sweeping, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, 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 One Million Eighty Two Thousand Six Hundred Six Dollars and 20/100 ($1,082,606.20) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemp!oyment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Roy Allan Slurry Seal, Inc. Page A-1 required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 17th day of April , 20 20 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 ATTORNEY'S OFFICE Date: Sl,tlZv By: Rr AaF6n C. Harp City Attorney 4)'�4� c__�� ?Vb-s- Authorized Signature/Title Z Authorized ent Signature Matthew J. Coats, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Roy Allan Slurry Seal, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verges only the identity of the individual who signed the document to which this certificate is attached, and neat the truthfulness, accuracy, or vaiidit of that document. State Of California County of Orange On �p� �l 20,2 20 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 nameo -is/am subscribed to the within instrument and acknowledged to me that he/sheJ{ hey executed the same in his/herit authorized capacity(ies), and that by his/hefAheir 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 .—a'0\ U_/ AW444ARIE ALLAN ACM Commission No. 2293759 NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY F—WMV Comm. Expires JULY 3. 2023 (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )SS. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California (seal) County of )SS. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Roy Allan Slurry Seal, Inc. 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 Orange ) On APR 1 7 2020 before me, Date personally appeared Matthew J. Coats Adelaide C. Hunter, 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. ADELAIDE C. HUNTER Notary Public - California Zip Orange County Z Commission # 2168064 D My Comm. Expires Oct 19, 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 'A ' 1 ► wv4or' Signature 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 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 Hills , 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 525.000.000.00 ) 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 4th day of February , 2020 "'011611111", O"OoGAND:NSG�'JAp,NCE C0�' ?�yopposq�, .o F.M= E; y'. SEAL if z SEAL State of Illinois�<<. I N 0�$ . 1 nnum, ICounty of Peoria SS On this 4th day of February, 2020 . 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 41&j� V,. x44 Gretchen L. Johnigk I Notary Public prvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvq PUBLIC 15:)Noj 'OFFICIALSEAL." 'LL: CommissionNOTARY My May 20 • X . ..• ..ul RLI Insurance Company Contractors Bonding and Insurance Company By: �F- it 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 Com� 1an�y,�,and/or Con ract rs Bondingand Insurance Company this Man qday of afru PD . RLI Insurance Company Contractors Bonding and Insurance Company By: Q44n:! ", / Jeffrey DUAV U Ll Corporate Secretary 0475404020212 A0058D 19 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. RCB0019041 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ $5,913.00 , being at the rate of $ 6.00 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 the distribution of three rounds of door hanger notifications, setting up traffic control, edge grinding, weed spraying, crack sealing, removing of striping, slurry sealing, seal coating, temporary striping, final striping with thermoplastic paint and street sweeping, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and 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 One Million Eighty Two Thousand Six Hundred Six Dollars and 20/100 ($1,082,606.20) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Roy Allan Slurry Seal, Inc. Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 17th day of April ,20 20 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 ATTORNEY'S OFFICE Date: -S-/!6 2 By: 4 Aaron C. Harp City Attorney Authorized Signature/Title lllzo'* Authorized 466t Signature Matthew J. Coats, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Roy Allan Slurry Seal, Inc. 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 validlty of that document, State of California County of Orange � Cn�,pt ►� 20, 2� 2c7 before me, i Ann -Marie Allan, Notary Public linsert name and title of the officer) personally appeared Lawrence Allan who proved to me on the basis of satisfactory evidence to be the personwhose named is/am subscribed to the within instrument and acknowledged to me that he/sheAMy executed the same in his/he#ftir authorized capacity(les), and that by his/her it 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 U -X. M(X'LAify, � ------------------------- ANN4MME ALLAN emyCommission No. 2293759 NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY Comm. Expires JULY 3. 2023 (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 I ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )SS. On 20 before me, , Notary Public, personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Roy Allan Slurry Seal, Inc. Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 `.'�?�.^K`i'i2 ;37�"�5;.3�.:T iF'�:ifsC6.\.�x'.Chi.:,�'.`.t��."�^i�"��•;Alm.?.'/.:.:SFr/,F:'fi..�'r`.,i.`�`�i.'�:i;i?�'n�C:,^�:!`�:..?�:/.�,/'F,'.'.f"t;ft>Y.`.�i;�:t''�'�;3°e�:'.��.:F,�'.:/.,_'�. 6.<iF.Fc`/:.Y: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 A P R 17 2020 before me, _ Adelaide C. Hunter, Notary Public Date Here Insert Name and Title of the Officer personally appeared Matthew J. Coats 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ADELAIDE C. HUNTER WITNESS my hand and official seal. Notary Public - California Oran Z� z ;�... Orange County z n z, Commission # 2168064 D Signature �MyCom mm Expires Oct 19, 2020 Signature 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: ;z=_ x. ©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 Hills , 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 4th day of February 2020 ...,,,,,, �,,,,,,,� RLI Insurance Company OaOWGAND:NSG,, JPpNCE p0"" Contractors Bonding and Insurance Company Q O T ••pZ0 it RPORgr ••.V / =o• a F:m: cA F _ °4 �• SEAL By: !�/. %: SEAL -.41 ;= Barton W. Davis Vice President u e, State of Illinois } SS County of Peoria ) CERTIFICATE On this 4th day of February , 2020 . 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: tPri&AJ411�, Gretchen L. Johnigk vNotary 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 Com any, and/or Cont acto�s Bondin and Insurance Company this day of _ pr; RLI Insurance Company Contractors Bonding and Insurance Company By: Irl `'I Jeffrey DCYickv U v 9-0 Corporate Secretary 0475404020212 A0058D 19 4 -4 'OFFICIALWIAly 114 •„•May My Commission Expires 26. 2020 1 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 Com any, and/or Cont acto�s Bondin and Insurance Company this day of _ pr; RLI Insurance Company Contractors Bonding and Insurance Company By: Irl `'I Jeffrey DCYickv U v 9-0 Corporate Secretary 0475404020212 A0058D 19 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. 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. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be Roy Allan Slurry Seal, Inc. Page C-3 entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Roy Allan Slurry Seal, Inc. Page C-4 K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. Roy Allan Slurry Seal, Inc. Page C-5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 4/16/2020 Dept./Contact Received From: Shelby Morgan Department: Public Works Sent to: Marissa By: Shelby Company/Person required to have certificate: Roy Allan Slurry Seal, Inc. Type of contract: Public Works Contract I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 7/1/2019-7/1/2020 A. INSURANCE COMPANY: Zurich American Insurance Company NAIC#16535 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 (Must be $1 M or greater): What is limit provided? $1M occur/ $2M agg E. ADDITIONAL INSURED ENDORSEMENT — please attach ❑✓ Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ✓❑ Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ✓❑ Yes ❑ No H. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ❑ N/A ❑✓ Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 7/1/2019-7/1/2020 A. INSURANCE COMPANY: Zurich American Insurance Company NAIC#16535 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 $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1 M E. PRIMARY & NON-CONTRIBUTORY WORDING ENDORSEMENT - please attach ❑✓ Yes ❑ No F. HIRED AND NON -OWNED AUTO ONLY. ❑✓ N/A ❑ Yes ❑ No G. ADDITIONAL INSURED ENDORSEMENT — please attach ❑✓ Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑✓ Yes ❑ No I. SIGNED AUTOMOBILE INSURANCE EXEMPTION FORM: ❑,/ N/A F1 Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: 7/1/2019-7/1/2020 Zurich American Insurance Company NAIC#16535 B. AM BEST RATING (A-: VII or greater) A+ XV C. D. E. F. G. ADMITTED Company (Must be California Admitted): WORKERS' COMPENSATION LIMIT: Statutory EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) WAIVER OF SUBROGATION (To include): Is it included? SIGNED WORKERS' COMPENSATION EXEMPTION FORM ADDITIONAL COVERAGES THAT MAYBE REQUIRED ❑�/ Yes ❑ No ❑✓ Yes ❑ No $1M Z Yes ❑ No ✓❑ N/A ❑ Yes ❑ No ❑ PROFESSIONAL LIABILITY EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: ❑ POLLUTION LIABILITY EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: ❑ BUILDER'S RISK EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: NOTES/COMMENTS: Approved - Risk pproved- Risk Management 4/17/2020 Date ACOR" CERTIFICATE OF LIABILITY INSURANCE Ill E(MM/DDIYYYY) 74/16/2020 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this Certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Patriot Risk & Insurance Services 2415 Campus Drive, Suite #200 Irvine, CA 92612 cNAMEcr PHONEE t 949 486-7900 Nc NOI: 949 486-7950 E-MAIL ADDRESS: INSURERS) AFFORDING COVERAGE j NAIC # 7/1/2019 INSURERA: Zurich American Insurance Company 16535 www.patrisk.com OK07568 -- - - - - INSURED Roy Allan Slurry Seal, Inc. 11922 Bloomfield Avenue - - INSURERS: Great American Insurance Company 16691 1 — -- INSURERC: j INSURERD: Santa Fe Springs CA 90670 INSURER E; INSURER F: COVERAGES CERTIFICATE NUMBER: 55099080 REVISION NUMRFR: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICYNUMBER- POLICY EFF MM/DDIYYYY POLICY EXP IMP LIMITS A 1/ COMMERCIAL GENERAL LIABILITY / �/ GLO 0546702 00 7/1/2019 7/1/2020 1 EACH OCCURRENCE S1000000 _ TO REN CLAIMS -MADE OCCURDAMAGE I PREMISES (Ea occurrence) $100,000 MED EXP (Any one person) $ 5,000 . PERSONAL & ADV INJURY $1 00 000 GEN'L AGGREGATE LIMIT APPLIES PER: I - i GENERAL AGGREGATE 52,000,000 ✓ PRO- POLICY JECT _! LOC •- -- I PRODUCTS - COMP/OP AGG S2,000,000 _ OTHER: $ A (_AUTOMOBILE LIABILITY✓ ✓ BAP 0612042 00 17/1 /2019 7/1/2020 COMBINED SINGLE LIMIT S Ea 1,000,000 ANY AUTO I I accdent I ;BODILY INJURY (Per person) S OWNED ;SCHEDULED AUTOS ONLY _ _ AUTOS -• ! BODILY INJURY Per accident $ t ) ✓ 1 HIRED NON -OWNED ✓_; PROPERTY 5 DAMAGE - • AUTOS ONLY AUTOS ONLY i Per accident $ B ✓ iUMBRELLA LIAB OCCUR ,SBU 316189100 7/1/2019 17/1/2020 _ EACH OCCURRENCE 55000,000_ _ _ AGGREGATE 55,000,000 EXCESS LIAB CLAIMS -MADE I DED ✓ RETENTION 510,000 $ A WORKERS COMPENSATION / ;IWC 0612041 00 7/1/2019 7/1/2020'PER OTH- ✓_STAT UTE ER AND EMPLOYERS' LIABILITY Y / N E.L. EACH ACCIDENT 5 1 000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE I OFFICER/MEMBER EXCLUDED? ❑ N/A ---- E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1 000 000 I ! i DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: 7681-1 / Slurry Seal ProgramNarious Streets in the City of Newport Beach City of Newport Beach, its elected or appointed officers, agents, officials, employees are named as additional insured as respects to General Liability and Auto Liability, includes Primary & Non-contributory and Waiver of Waiver of subrogation applies to GL, Auto and WC and in favor of the additional insureds per endorsements attached as required by written contract. GL Endt form #U -GL -1 177-F CW 04/13 Auto Liability Endt form #U -CA -424-F CW 04/14 and WC Waiver Endt form #WC040306 4/134. 'Excess/Umbrella Liability follows form 1. I II. -M r 11Z nw City of Newport Beach 100 Civic Center Drive Newport Beach CA 92660 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Dave Jacobson ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 55099080 1 19/20 :,/AJ/JMi3/11C I Anne :tnme_.� 1 4/"16/2020 1:19:55 PN, rD1'I I Page I �f 11 0 Additional Insured — Owners, Lessees Or Contractors — ZURICH Scheduled Person Or Organization Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. 7 AWL Prem Return Prem. GLO 0546702 00 07/01/2019 07/01/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Ro21ioIVlul1BomfAe(e Address (including ZIP Code): Santa Fe Springs CA 90670 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Covered Operations City of NewBeach, its elected or appointed officers a ents officials RE: 7681-1 / Slurry Seal Proggram Various Streets in the Ci ofTlew ort Beach employees ano vo un eers A. Section 11 — Who Is An Insured is amended to include as an additional insured the person or organization shown in the Schedule above, whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement at the Location designated and described in the Schedule above. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: U -GL -1177-F CW (04/13) 55039080 1 i�izo Page 1 of 2 mIPtofg9pyfW%e� 91al(priJof u�aa9 Sen4cgs OfficeIncwith its permission. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved, the rendering of or the failure to render any professional architectural, engineering or surveying services. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an 'occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit' as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purpose of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This Insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U -GL -1177-F CW (04/13) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 55o9)080 1 ij;zo c_!aJ/-iraiar I an.1e-.-. R--, 1 .1;1ei2020 1:14:55 In! (PDT) I - -P 3 o= ti Roy Allan Slurry Seal, Inc. POLICY NUMBER: GLO 0546702 00 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 13 55033090 1 i3i2o .:c I ,,„ecce aorcero 1 4/16/2020 1:1a:s5 an: ;aur! I age .I o` I Roy Allan Slurry Seal, Inc. Coverage Extension Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. BAP 0612042 00 1 07/01/2019 07/01/2020 04/16/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II — Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment — Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U -CA -424-F CW (04/14) Page 1 of 6 (�l�de$ (� nn�/[�I(n�hhjfe�{ �pa�p�i oJ.,In¢ura ce �`�_ s Office, Inc., with its permission. 550)9080 1 19/20 :; /A:li :1K3i NC A:lne--e o _o T197HJ_4YD T:T-0:5:, % V)A I gc e`5p p C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II — Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II — Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. The following is added to Paragraph 2. in the Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage — Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: U -CA -424-F CW (04/14) Page 2 of 6 ,..,,;, _ „. Ipcludes c�9��ri4tey raSgri,o.E,u rlagSe r, Office, Inc., with its permission. (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph 13.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". U -CA -424-F CW (04/14) Page 3 of 6 ssl93o80 I 111 20 A:li:l3/AC :rludeT qnQyC jqfideY: o5i o. ura _ Se ts Office, Inc., with its permission. It K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph 6.4.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage — Comprehensive Coverage — Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos — Physical Damage 1. The following is added to Section I — Covered Autos: Temporary Substitute Autos — Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos — Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any U -CA -424-F CW (04/14) Page 4 of 6 SS�33Cd� 19/20 c� 'n:,;':,waia,c ,.„e_:.N m�e dei �i94'�'J46e�.gtarig�,oj�u �ag�e S�enEic�s Office, Inc., with its permission. agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos - Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance - Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto - World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U -CA -424-F CW (04/14) Page 5 of 6 !p gl,K DeT ggpyl4oteq cAa4Rrigof,Mu �agc SeNcfts Office, Inc., with its permission. 5509308'" 1 13/20 /AJ/:A:17/WC Acte e_ U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II - Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage - Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III - Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U -CA -424-F CW (04/14) Page 6 of 6 5s0990e0 1 1)/2 0 n ; n<a/Ne I A e e mig : i ofau`urI a acffee G rv.i e� Office, Inc., with its ennission. � s9QlI�0eq:�a WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 7/1/2019 at 12:01 A.M. standard time, forms a part of (DATE) Policy No. WC 0612041 00 of the issued to Roy Allan Slurry Seal, Inc. Premium (if any) $ Endorsement No. (NAME OF INSURANCE COMPANY) Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 1.0 % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization City of Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Schedule Job Description RE: 7681-1 / Slurry Seal Program Various Streets in the City of -Newport Beach 55039080 119;20 /AJ;JI43/4C I Anne. --e Row..— 14.'16/2020 1: 14 X55 �N: '?D'r) i :dye 11 11 Page 1 of 1 Sur, Marissa From: Morgan, Shelby Sent: Thursday, April 16, 2020 2:40 PM To: Sur, Marissa Subject: Roy Allan Slurry Seal COI Review Attachments: Roy Allan_AATF.pdf, Roy Allan_COI.pdf Hi Marissa, Please review the attached Certificate of Insurance per the attached contract for Roy Allan Slurry Seal. Thank you, �ID Management Assistant Public Works Department City of Newport Beach (949) 644-3013 smorganpnewportbeachca.gov City of Newport Beach SLURRY SEAL PROGRAM PROJECT NO. 20R04 CONTRACT NO. 7681-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 7681-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: "0 - ,- v2"'o 97x, MCA V -N VV� IC, Date Bidd r py -)A, �--- Bidder's Telephone and Fax Numbers Bidder's Authorized Signature and Title X72-1Cz1 R P\— W12-2— '` . S,-�E, 6% --)o Bidder's License No(s). Bidder's Address and Classifications) 100000 11 'S o DIR Registration Number Bidder's email address: lC,AWV i&V-\C e & a—M City of Newport Beach Page 1 Slurry Seal Program (7681-1), bidding on March 12; 2020 10:00 AM (Pacific) Printed 03/12/2020 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. 14 Email lawrence@raslurry.com Vendor Type License # CADIR Bid Detail Bid Format Electronic Submitted March 12, 2020 9:36:42 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 204587 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bid Submittal Bid Submittal C-7681-1 ROY ALLAN SLURRY SEAL, INC.pdf General Attachment BID BOND Bidders Bond C-7681-1 ROY ALLAN SLURRY SEAL, Bid Bond INC.pdf Line Items Type Item Code UOM Qty Unit Price Line Total Comment Section 1 1 Mobilization LS 1 $43,600.00 $43,600.00 2 Traffic Control LS 1 $83,160.00 $83,160.00 3 Edge Grinding LF 240000 $0.36 $86,400.00 4 Crack Seal LS 1 $91,200.00 $91,200.00 5 Type 1 Slurry Seal SF 4110000 $0.12 $493,200.00 City of Newport Beach Slurry Seal Program (7681-1), bidding on March 12, 2020 10:00 AM (Pacific) Bid Results Type Item Code UOM Qty 6 Sealcoat Asphalt Based SF 251000 7 Signing and Striping LS 1 8 Provide As -Built Plans LS 1 Subcontractors Name & Address Lukkes Striping 1312 E. Warner ave Santa ana, CA 92805 United States Chrisp Company 2280 S. Lilac Ave Bloomington, CA 92316 United States Description License Num Parking lot seal coat 9222425 Remove and replace Striping 374600 Page 2 Printed 03/12/2020 Unit Price Line Total Comment $0.18 $45,180.00 $237,866.20 $237.866.20 $2,000.00 $2:000.00 Subtotal $1,082,606.20 Total $1,082,606.20 CADIR Amount Type 1000003491 $38,850.00 1000000306 $216,242.00 CADIR SPECIAL RESOLUTION OF THE SHAREHOLDERS OF ROY ALLAN SLURRY SEAL, INC. This is a special resolution unanimously approved by all of the shareholders holding shares in ROY ALLAN SLURRY SEAL, INC. This resolution was approved at the meeting of the shareholders held on April 29th, 2018 at 11922 Bloomfield Ave, Santa Fe Springs, California 90670. Roy Allan and Gay D. Allan, being the only shareholders of the corporation, were in attendance and unanimously approved the following resolution: WHEREAS it is deemed to be in the best interest of this corporation to provide for continuity of activity and for the convenience of the officers of this corporation, to provide authority so that either the President or the Vice President of this corporation shall have authority to sign documents separately, and thereby bind the corporation. IT IS THEREFORE RESOLVED that either the President or the Vice President of ROY ALLAN SLURRY SEAL, INC., shall hereafter have the authority, when acting alone, to bind this corporation to the terms of any document to which the President or Vice President shall affix his signature. The individual presently acting in the capacity of President, Vice President, and Secretary is WYATT LAWRENCE ALLAN. It is respectfully requested by the shareholders of this corporation, that any part with whom this corporation has dealings, will recognize this resolution and accept the signature of either the President or the Vice President of this corporation, acting alone, on any document intended to bind this corporation legally. By their signatures hereto, the shareholders of this corporation hereby waive notice of the above-described meeting and consent to the resolution set forth above. Dated April 29th, 2018 Roy Allan, Shareholder Gay Allan, Shareholder t CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS SLURRY SEAL PROGRAM PROJECT NO. 20R04 CONTRACT NO. 7681-1 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 4 6-7 TIME OF COMPLETION 4 6-7.1 General 5 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 5 6-9 LIQUIDATED DAMAGES 6 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 7 7-8 WORK SITE MAINTENANCE 7 7-8.4 Storage of Equipment and Materials 7 7-8.4.2 Storage in Public Streets 7 7-8.6 Water Pollution Control 7 7-8.6.2 Best Management Practices (BMPs) 7 7-10 SAFETY 7 7-10.3 Haul Routes 8 7-10.4 Safety 8 7-10.4.1 Work Site Safety 8 SECTION 9 - MEASUREMENT AND PAYMENT g 9-2 LUMP SUM WORK 8 9-3 PAYMENT 8 9-3.1 General 8 9-3.2 Partial and Final Payment. 10 PART 2 - CONSTRUCTION MATERIALS 10 SECTION 203 -BITUMINOUS MATERIALS 10 203-5 SLURRY SEAL. 10 203-5.1 General 10 203-5.4 Emulsion -Aggregate Slurry (EAS) 10 203-5.4.1 General 10 203-5.4.2 Materials 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 11 214-6.3 Non -Reflective Pavement Markers 11 214-6.3.1 General 11 214-6.4 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 12 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 13 302-8 SEALCOAT FOR MISCELLANEOUS AREAS. 13 SECTION 314 —TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 13 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 13 314-2.1 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 14 314-4.4.1 General 14 314-4.4.2 Surface Preparation 14 314-5 PAVEMENT MARKERS 14 314-5.1 General 14 SECTION 315 - TRAFFIC SIGN INSTALLATION 14 PART 6 - TEMPORARY TRAFFIC CONTROL 15 SECTION 600 - ACCESS 15 600-1 GENERAL 15 600-2 VEHICULAR ACCESS 15 600-3 PEDESTRIAN ACCESS 16 SECTION 601— WORK AREA TRAFFIC CONTROL 16 601-1 GENERAL 16 601-2 TRAFFIC CONTROL PLAN (TCP) 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS SLURRY SEAL PROGRAM PROJECT NO. 20R04 CONTRACT NO. 7681-1 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 -7002-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 Page 1 of 17 At the time of the award and until completion of work, the Contractor shall possess a "A" or "C-12" license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of distributing three rounds of door hanger notifications, setting up traffic control, edge grinding, weed spraying, crack sealing, removing striping, slurry sealing, seal coating, temporary striping, final striping with thermoplastic paint 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 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. Page 2 of 17 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 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 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 Page 3 of 17 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In addition, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. Trash Pick up Coordination Contractor shall provide a list of streets that will be slurry sealed on each Thursday and Friday, so the City can coordinate early trash pickup in these neighborhoods. Coordination with City Intra Departments Contractor must coordinate special scheduling with various City departments for sealcoating parking lots. Work at the Newport Beach Central Library must be scheduled when the library is closed on City holidays listed in section 6-7.1. The special scheduling locations are shown on sheets 10 through 13 and 15. Special scheduling requires working off hours, splitting up seal coat areas, working on weekends and/or limited hours. Special scheduling work and any associated labor and material costs are considered to be included as part of the bid item price for sealcoat. Work Schedule adjacent to schools Contractor must coordinate special scheduling work adjacent to schools. This contract includes slurry sealing Ridge Park Road, which is adjacent to Newport Coast Elementary School. This contract includes slurry sealing on Goldenrod Ave and 5th Street, which are adjacent to Harbor View Elementary School. Slurry sealing adjacent to these schools shall not commence until after the last day of school June 19th, 2020 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 complete this planned work. 6-7 TIME OF COMPLETION Page 4 of 17 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. The Contractor is required to start work on or before July 6th, 2020. Normal working hours are limited to 8:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. The following days are designated City holidays and are non -working days: 1. January 1 st (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 Page 5 of 17 purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. 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 Page 6 of 17 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready -mixed concrete for public works contracts are subject to prevailing wages. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: 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 Page 7 of 17 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules as requested by the Engineer, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for delivering all required notifications and temporary parking permits, posting signs, covering conflicting existing signs, and all Page 8 of 17 costs incurred notifying businesses and residents, providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards, K -rails, temporary striping, and flag persons. This item includes providing four (4) CMS and updating messages on the CMS as requested by the Engineer. This item also includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City requirements. Item No. 3 Edge Grinding: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for using a smooth grinder at least 18 inches wide at the edge of pavement per the Edge Grinding detail on Sheet 18, 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 on all streets 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 reports, placing two coats of asphalt based sealcoat, and all other work items as required to complete the work in place. Item No. 7 Signing and Striping: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing pavement striping and markers, and removing or relocating street signs and posts. All seal coated parking lots require new ADA signs R99C (CA) and van accessible signs R7 -8B where applicable. This bid item also includes installing temporary and permanent pavement striping, markings and markers, installing street signs and posts, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 8 Provide As -Built Plans: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings for slurry seal, striping and signing plans. These drawings must be kept up to date and submitted to the Engineer for review prior to request for Page 9 of 17 payment. An amount of $2,000 is determined for this bid item. The intent of this pre- set amount is to emphasize to the Contractor the importance of as -built drawings. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 203 — BITUMINOUS MATERIALS 203-5 SLURRY SEAL. 203-5.1 General Slurry seal shall be emulsion -aggregate slurry (EAS) conforming to 203-5.4. 203-5.4 Emulsion -Aggregate Slurry (EAS) 203-5.4.1 General Emulsion -aggregate slurry (EAS) shall be Type I-CQS-1 h conforming to 203-3 203-5.4.2 Materials 203-5.4.2.2 Emulsified Asphalt Emulsified asphalt shall be of quick set type. 203-5.4.2.4 Latex Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company, Inc., or equal approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 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 Page 10 of 17 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 All new non -reflective pavement markers Types A and AY shall be ceramic. 214-6.4 Retroreflective Pavement Markers 214-6.4.1 General All retroreflective pavement markers shall be 3M Series 290 with glass -covered faces, or approved equal. Add Section 215 — TRAFFIC SIGNS SECTION 215 - TRAFFIC SIGNS Signs shall be standard size per the California MUTCD unless otherwise shown. Retroreflective sheeting shall be Type 4 or greater. Sign shall be made of aluminum (0.08 inch thickness). New sign posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge 2 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. Page 11 of 17 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. SECTION 302 - ROADWAY SURFACING 302-4 SLURRY SEAL SURFACING. 302-4.8 Spreading and Application Slurry seal shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. on the same day. In case of damage done by vehicles and/or pedestrians upon slurry that has not been sufficiently cured, the Contractor shall replace all of the damaged work at the Contractor's expense and no additional compensation shall be made by the City. 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 that includes color additive 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 Page 12 of 17 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 all streets to pick up raveling sand. The street sweeping shall be one and two weeks after slurry seal is placed. 302-8 SEALCOAT FOR MISCELLANEOUS AREAS. The Contractor shall comply with all sub -sections of this section. SECTION 314 — TRAFFIC STRIPING CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-2.1 General The Contractor shall remove all existing traffic striping and pavement markings by grinding. Other methods such as sandblasting will not be allowed. 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-4.1 General Temporary painted traffic striping and markings shall be lane marking paint applied at 15 mil in one coat, as soon as possible and within 24 hours after the finish course or slurry seal has been placed. The width of the temporary lane line stripes shall be one- half the width of the permanent final stripes. Temporary crosswalks and stop bars stripes shall be full width and shall be placed prior to opening the street to traffic. Tabs and/or "cat -tracking" stripes shall also be placed prior to opening the street to traffic. Tabs and/or "cat -tracking" will not be accepted as temporary striping. Existing thermoplastic striping shall be removed prior to the application of slurry seal. Temporary painted striping shall be placed within 24 hours of removal. 314-4.2 Control of Alignment and Layout 314-4.2.1 General The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or Page 13 of 17 markings. No street shall be without proper striping over a weekend or holiday. Stop bars and crosswalks shall not remain unpainted overnight. 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 314-4.4.1 General The final reflectorized thermoplastic striping shall not be applied until the finish course pavement or slurry seal has been in place for at least 10 days but no later than 15 days. The thermoplastic shall be applied at 1.5 mm (60 mil) to 2.0 mm (80 mil) thickness for all striping except crosswalks and limit lines which shall be 2.5 mm (100 mil) to 3.0 mm (120 mil) thickness. Striping shall be applied by extrusion method. Sprayable thermoplastic striping shall not be allowed. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers 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. The concrete surface shall be roughened along the thermoplastic striping. The width of the roughened concrete surface shall match the width of the striping. 314-5 PAVEMENT MARKERS 314-5.1 General Raised pavement markers shall not be placed until the finish course pavement or slurry seal has been in place for at least 10 days but not later than 15 days. Add Section 315 — TRAFFIC SIGN INSTALLATION SECTION 315 - TRAFFIC SIGN INSTALLATION The Contractor shall be responsible for inventorying ADA parking signs that are required to be upgraded in seal coated parking lots with new ADA signs R99C (CA) and van accessible R7 -8B where applicable. 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. Page 14 of 17 Anti -seize lubricant shall be applied to hardware/fasteners prior to installation. Refer to CNB DWG 924-L for typical sign installation. PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 -ACCESS 600-1 GENERAL Door Hanger Notices A minimum of three door hanger notifications are required for this project. The City will provide all door hanger notices. Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The first notifications are required ten (10) working days prior to starting work (edge grinding, striping removal and crack sealing). The second notifications are required ten (10) working days prior to starting the slurry seal phase of work. The third notifications are required forty-eight (48) hours prior to the start of slurry seal work. The notice shall clearly indicate specific dates in the space provided on the notices when slurry seal operations will start for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re - notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted at least seventy-two 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 seventy-two hours in advance of the need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. Page 15 of 17 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 and locations for the CMS shall be updated by the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street or alley during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3466 and all affected property owners. 5. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. Page 16 of 17 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 17 of 17 U) F - z JOHN WAYNE � ��nnnnT VICINITY MAP NOT TO SCALE 0 PROJECT LOCATION CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2019-2020 CITYWIDE SLURRY SEAL PROGRAM �oQ�OFESS/p�91 BENJAMIN Fc DAVIS Z No. 8203 CII�7 Z -OF CV0- APPROVED ANDY TRA C.E. 63670 SENIOR Cl L ENGINEER DATE SCALE SHEET 2/10/2020 N.T.S. 1 OF 18 DRAWN BD C-7681-1 R -7002-S �/1111'I IIIIIIIIII IIIIIIIIIII IIIII1i IZll�IlIII IIISIIlIlII 11111111111111111111111111111111 INNER 111111111111111111111 11111ER 111111110 IIIIIIIIIII IIIIIIIIIII IIIIIIIIII IIIIIIIIII � IIIIIIIIIII IIIIIIIIII IIIIIIIIIII 1�1lI111111111ICl1R1111111111111 IIIIIIIIIII 1111111111IIII11111 l�1�!111l111;11111RIII 1111111111 i (SEE SHE�ET 2) C;ORC)NA HlrZHI ANnc LIMITS OF SLURRY SEAL (TYPE 1) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2019-2020 CITYWIDE SLURRY SEAL PROGRAM APPROVED ANDY TRAM C.E. 63670 SENIOR CIVIL ENGINEER DATE SCALE SHEET 211012020 N.T.S. 3 OF 18 DRAWN BD C-7681-1 I R -7002-S 0 cb w Lu _— W W F'l� v1 z4t� (SEE SHEET 2)^ - LIMITS OF SLURRY SEAL (TYPE 1) HARRnR VIMA/ HII I c CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2019-2020 CITYWIDE SLURRY SEAL PROGRAM APPROVED ANDY TRAN C.E. 63670 SENIOR CIVIL ENGINEER DATE SCALE SHEET 2/10 2020 N.T.S. 4 OF 18 DRAWN BD C-7681-1 I R -7002-S a 0 LIMITS OF SLURRY SEAL (TYPE 1) HARBOR VIEW HILLS SOUTH of 0 0 CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT ANDY TRAN .C.E. 63670 2019-2020 CITYWIDE SENIOR CIVIL ENGINEER SLURRY SEAL PROGRAM 1 2 10/20201 SCALE N.T.S (SHEET 5 OF 18 C-7681-1 I R -7002-S 0) 521 D a0 N SAN M DRIVE N U Q F - Q \ - 5PN( to tr w z w c NT R �o O a LIMITS OF SLURRY SEAL (TYPE 1) CITY OF NEWPORT BEAC PUBLIC WORKS DEPARTMENT \a FASHION ISLAND yTFOF`o��. u APPROVED . A�� ANDY TRAN E 63670 2019-2020 CITYWIDE SENIOR CIVIL ENGINEER DATE SCALE SHEET SLURRY SEAL PROGRAM211012020 g 2 10 2020 N.T.S. 6 OF 18 DRAWN BD C-7681-1 R -7002-S - CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2019-2020 CITYWIDE SLURRY SEAL PROGRAM APPROVED ANDY TRAN E. 63670 SENIOR CIVIL ENGINEER Sc 2/10/20201 N.T.S. 1 7 OF 18 RN BD C-7681-1 I R -7002-S C O cd LIMITS OF SLURRY SEAL (TYPE I) NEWPORT RIDGE DRIVE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2019-2020 CITYWIDE SLURRY SEAL PROGRAM 'A DAVIS No. 82 CIVIC OF CAI�F% APPROVED � t�- ANDY TRAN C.E. 63670 SENIOR Cl L ENGINEER DATE SCALE SHEET 2/10/2020 N.T.S. 8 OF 18 DRAWN BD C-7681-1 R -7002-S CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2019-2020 CITYWIDE SLURRY SEAL PROGRAM APPROVED ANCY TRAN '.C.E. 63670 SENIOR CIVIL ENGINEER DATE SCALE SHEET o 2/10/2020 N.T.S. 9 OF 18 BRAWN BD C-7681-1 R -7002-S � •:k t 4. y Go _ co Lu � d L� cl) IlAlt M1` t e�: POLICE DEPARTMENT -870- SANTA BARBARA DR n PARKING LOT POLICE DEPARTMENT LIMITS OF SEAL COATING PARKING LOT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2019-2020 CITYWIDE SLURRY SEAL PROGRAM ESSlO,y9lF BENJAMIN c DAVIS z No. 82 3 m qTF OF APPROVED ANDY TRANE. 63670 SENIOR CI VI ENGINEER DATE SCALE SHEET a 2110 2020 N.T.S. 10 OF 18 11 BRAWN BD C-7681-1 I R -7002-S o6 y PARKING LOT Al , e M GRANT HOWALD PARK LIMITS OF SEAL COATING PAKRING LOTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2019-2020 CITYWIDE SLURRY SEAL PROGRAM 0 APPROVED ANDY TRAIN WC.E. 63670 SENIOR CIVIL ENGINEER 3 DATE SCALE SHEET 211012020 N.T.S. 11 OF 18 DRAWN BD C-7681-1 1 R -7002-S sY;S� PARKING LOT 81- P 6 ( t�� ' vOCPDO PVEN P } DELIVERY AND PARKING AREA s . CITY HALL -100- CIVIC CENTER DR �� ILJn CENTRAL LIBRARY�ry-� - -1000- AVOCADO AVE � < ''�� PARKING LO = T Z'' M�' 7c, v D y� j1� LIMITS OF SEAL COATING CENTRAL LIBRARY PARKING LOT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2019-2020 CITYWIDE SLURRY SEAL PROGRAM vii < APPROVED ANDY TRAN .C.E. 63670 SENIOR CIVIL ENGINEER DATE SCALE SHEET o 2110 2020 N.T.S. 12 OF 18 DRAWN BD C-7681-1 I R -7002-S E n 0 COASTAL PEAK PARK -2043- EAST COASTAL PEAK �Pv ' Qco - - { N'" Gt . IN fiA U) MR co f , � Y PARKING LOT BENJAMIN j c DAVIS m No. 82 3 COASTAL PEAK PARK IV LIMITS OF SEAL COATINGPARKING LOT PF °F CA1.�F CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT ANDY TRA .C.E. 63670 2019-2020 CITYWIDE SENIOR CIVIL ENGINEER DATE SCALE SHEET a SLURRYSEAL PROGRAM DRAWNIO 2020 N.TS 13 OF 18 eD C-7681-1 R -7002-S = PARKING LOT BENJAMIN Fc DAVIS z LOS TRANCOS LL No. 82 3 m CANYON VIEW PARK LIMITS OF SEAL COATINGIfl (LOWER) PARKING LOT T9TFOFCA1.�F��\ CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT �✓�---- ANDY TRAN C.E. 63670 SENIOR CIVIL ENGINEER 2019-2020 CITYWIDE DATESHEET SCALE a SLURRY SEAL PROGRAM DRAWNIO 2020 NTS 14 OF 18 BD C-7681-1 I R -7002-S - PARKING LOT L-MVVI'J DUVVLlNU Ur -114 I r -M -1550- CROWN DRIVE NORTH No. 82 3 LIMITS OF SEAL COATING SAN JOAQUIN HILLS�9rF/V PARK PARKING LOT OF CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT ANDY TRAN J(/.E. 6.3670 SENIOR CIVIL ENGINEER 2019-2020 CITYWIDE DATE SCALE ISHEET 0 SLURRY SEAL PROGRAM DRAWN2/10/2020 N.T.S 15 )F L 18 - BDI C-7681-1 I R-7002 -S 40 U) z U) PARKING LOT L-MVVI'J DUVVLlNU Ur -114 I r -M -1550- CROWN DRIVE NORTH No. 82 3 LIMITS OF SEAL COATING SAN JOAQUIN HILLS�9rF/V PARK PARKING LOT OF CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT ANDY TRAN J(/.E. 6.3670 SENIOR CIVIL ENGINEER 2019-2020 CITYWIDE DATE SCALE ISHEET 0 SLURRY SEAL PROGRAM DRAWN2/10/2020 N.T.S 15 )F L 18 - BDI C-7681-1 I R-7002 -S Y R HARBOR VIEW ELEMENTARY SCHOOLIt'll 4 r r� GRANT HO;' R PARK,,,: COMMUNITY YU7 CENTER IAf-%R AIA Ir /'%P'1 r P-1/ LIMITS OF SLURRY SEAL (TYPE 1) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2019-2020 CITYWIDE SLURRY SEAL PROGRAM APPROVED ANDY TRAN E. 63670 SENIOR CIVIL ENGINEER SCALE SHEET 2/10/2020 N.T.S. 16 OF 18 NN BD C-7681-1 R -7002-S 12 inches base 6 inches —�24 inches height 36 in es 12ft V V V Direction of travel YIELD LINE LAYOUT i i Direction of travel SPEED BUMP MARKING MATCH EXISTING Center of Speed Bump CONTINENTAL CROSSWALK DETAIL 12 -inch white narkings 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 2019-2020 CITYWIDE SLURRY SEAL PROGRAM APPROVED TONY BRINE R.C.E. 4 1 CITY TRAFFIC ENGINEDR 2/10/20201 N.T.S. 1 17 OF 18 i WN C-7681-1 R -7002-S BD = Grind existina slurry flush OR VALLEY GUTTER EDGE GRINDING DETAIL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2019-2020 CITYWIDE SLURRY SEAL PROGRAM �QQ�pfISS/0 BENJAMIN DAVIS z No. 82 3 a, � VI PF OF ch1 \F APPROVED ANDY TR1. C.E. 63670 SENIOR CNGINEER 2/10/20201 N.T.S. 1 18 OF 18 NN D C-7681-1 1 R -7002-S B