HomeMy WebLinkAboutC-3141 - 1996-1997 Slurry Seal ProgramATE, P.O. BOX A 807, SAN FRANCISCCi, C
COMPENSATiON M -0
4142807
INSURANCE
79: U N R, CERTIFICATE OF WORW
XR&COMPENSATIONINSURANCE
till y nn t
-'%,-UN1.T 0006642
SLURRY SEAL.
CONTRACT. #314.1-,---
This is to certify that we have issued a valid Workers' Compens=a=ura
ti Insurance policy in a form approved bylbe California
InSuranciLCammissioner to the-employer named beloWfor the ma indicated- -
This policy is not subject to cancellation by the Fund except uponft days' advance written notice to the employer.
We will also give you HN days' advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or after the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect to whichlhis certificate of insurance may be 'issusd,or may pertain, the insurance afforded by the policies
described herein is subject to all the terms; exclusions'and conditions of sucln 'I'
po tojes.
AUTHORIZ ED REPRESENTATIVE,
J-RES109'NT
t Z
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE, COSTS-
$1,0,06,000 PER OCCURRENCE
ENDORSEMENT #04)15 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE
07/24/97 15 ATTACHED TO AND FORMS A PART OF THIS POLICY,
NAME OF ADDITIONAL INSURED: CITY OF NEWPORT BEACH
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDER-S'�.At�TICE%OFFECTIVE.-is,
01/Of/$7 IS- ATTACHED TO AND-FORMS - . A PART OF
qY1,
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June 23, 1997
• JUN 2 31977 CITY COUNCIL AGENDA
ITEM NO. 10
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: 1996 -97 SLURRY SEAL PROGRAM - CONTRACT NO. 3141
RECOMMENDATIONS:
1. Approve the Plans and Specifications.
2. Award Contract No. 3141 to Pavement Coatings Co. of Cypress for the total
amount of $99,876.40, and authorize the Mayor and the City Clerk to execute
the contract.
3. Authorize a change order up to $24,500 to increase the amount of slurry seal
work at additional locations.
• DISCUSSION:
On June 10, 1997 at 1:00 P.M., the City Clerk opened and read the following bids for
this project:
BIDDER TOTAL BID PRICE
Low Pavement Coatings Co. of Cypress $ 99,876.40
2. Roy Allan Slurry Seal, Inc. of Santa Fe Springs $ 105,382.75
1 Doug Martin Contracting Co. of La Habra $ 116,199.05
The low total bid price of $99,876.40 is 45% below the Engineer's estimate of
$180,000.00. The low bidder, Pavement Coatings Co., is a well - qualified contractor who
possesses a Class -32 Parking and Highway Improvements Contractor's license. In
addition, Pavement Coatings has satisfactorily completed similar projects for the City
and for other Southern California agencies.
The improvements to be constructed under this contract include the slurry seal and
pavement striping of the Marine Department Headquarters' Parking Lot, the Corona Del
• Mar Main Beach Parking Lot, all of the streets within Newport Shores, and certain
streets in Newport Heights and Cliff Haven. Because of the excellent bid received for
this work, staff recommends that the City Council authorize additional funds to slurry
0
SUBJECT: 1996 -97 SLURRY SEAL PROGRAM - CONTRACT NO. 3141
June 23, 1997
Page 2
seal other locations in the City. Staff will then execute a change order with the
contractor for additional slurry at the bid unit prices. Attached are location maps of the
streets and parking lots to be slurry sealed.
The timely application of slurry seal upon asphalt concrete pavements which is in fair
condition, extends the service life of the pavements and defers more extensive and
costly pavement maintenance at these locations.
The project plans and specifications were prepared by the Public Works staff. The
contract specifications require the Contractor to complete all street slurry work within
twenty (20) consecutive working days after September 15, 1997 and complete all
parking lot slurry work within ten (10) consecutive working days after September 22,
1997. While the parking lot(s) are being slurried, the Contractor is required to have at
least one -half of each parking lot available for public and City use. Additionally, the
Contractor is also required to maintain access to and exit from the parking lots at all
times.
Sufficient funds are available in the following accounts for the award amount and work
at additional locations.
Account Title Account Number Amount
Street, Alley & Bikeway Slurry Program 7013- C5100018 $ 100,000.00
Street, Bikeway & Parking Lot
Striping and Marking 7013- C5100019 $ 24.376.40
$ 124,376.40
Respectfully submitted,
WORKS'DEPARTMENT
fib, Direct r)
r d ` i
. U
Marla Matlove, Senior Civil Engineer
Attachment: Project Location Map
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NOTICE INVITING BIDS
City Clerk
Sealed bids may be received at the office of the City Clerk,
at 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA. 92658 -8915
until 11:00 AM on the 4th day of June , 1997.
at which time such bids shall be opened and read for:
1996 -97 SLURRY SEAL PROGRAM
Title of Project
Contract Number
$180,000.00
Engineer's Estimate
�Ci R j
Approved by w %J/ J
Don Webb
Public Works Director
Prospective bidders may obtain one set of bid documents at no cost at the
office of the Public Works Department, 3300 Newport Boulevard, P. O. Box
1768, Newport Beach, CA 92658 -8915.
For further information, call Marla Matlove at (714) 644 -3322.
Project Manager
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
1996 -97 SLURRY SEAL PROGRAM
CONTRACT NO. 3141
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659 -1768
Gentlemen:
0 PR 1.1
The undersigned declares that he has carefully examined the location of the work, that he has
examined the Plans and Special Provisions, and hereby proposes to furnish all materials and
do all work required to complete this Contract No. 3141 in accordance with the Plans and
Special Provisions, and that he will take in full payment therefore the following unit price for the
completed item of work, to wit:
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Mobilization
@ �Jq IKoosiuJp ENWw4gDollars
and
F—Q-0 Cents $Z.SOO.00 $ Z,SoD. 00
Per Lump Sum
2. Lump Sum Traffic Control
@:1j;LttE�Tous. AP Dollars
and
Cao Cents $ 000.oD $3%000.00
Per Lump Sum
*Y
0
6
PR 1.2
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
3. 855 Furnish all labor, equipment, and
ELT materials, and perform all work
necessary to prepare for and apply
Type I slurry seal
13
,a
@ TcZE>✓ Dollars
and
°L
( -�ceµr Cents $ 9,3.3 $ ?I,ZS9.
Per Extra Long Ton
Lump Sum Apply paint traffic striping and
pavement markings
@F%—JrI tloo -4A&>a .ur"DoIIars
and
';;_1Eiz4D Cents ss'tmoo$ 5,gcp.00
Per Lump Sum
Lump Sum Apply thermoplastic traffic striping
and pavement markings
SEdEAt�aT�ousa� Two
@4Woajw Ej.%3U Safi Dollars
and
iFTl Cents
Per Lump Sum
JVr�l�ryl iJiae�o�StWO �r(orfr-1�ulaaF�
Sc4p.\W SIX QowA J A►JD F,5�4 Cents
TOTAL BID PRICE (WORDS)
ZJ�Ax
Date
7ty g210 -k?� 1
Bidder'6 Telephone No.
3o3 ('a-1 3z-
Bidder's License
No. & Classification
puP. b..t l S f AZ N ace N /� Ax-
ak 13" in3 C 4 w.' I AV W4 l�
$11M $ 11, Z&O .S0
$ 99, SILO.40
TOTAL BID PRICE
(FIGURES)
PAVEMENT COATINGS CO.
Bidder
MARSHA COOUDGE,
/u,00 President
�c ecreta & CFO
Authorized Signa re/Title
.0„& /`/9 Qt cfs CA db
Bidder's Add ess
ow- kw AwYer- P-'&-AV ',�' u',A/° 4 5wT pwx
Page 2
The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
PROPOSAL
INSTRUCTIONS TO BIDDERS (Page 2)
DESIGNATION OF SUBCONTRACTORS (Page 3)
BIDDER'S BOND (Page 4)
NON - COLLUSION AFFIDAVIT (Page 5)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6)
except that cash, certified check or cashiers check (sum not less than 10% 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.
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.
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 estimated quantities indicated in the PROPOSAL are approximate, and are given
solely to allow the comparison of total bid prices.
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.
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.
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 in the office of the City
5/97
0 0
Page 24
Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code
relating to prevailing wage rates (Sections 1770.7981 inclusive).
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."
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.
bo3u7' C- 3 L
Contractor's License No. & Classification
PAVEMENT COATINGS CO.
Bidder
,�uNt /D, 1247
Date
5/97
MARSHA COOUDGIF
President
L309-- Ar4 Secretary & CFO
Authorized Signat Rtle
0
�14UMOUIEST"106LOR "010" Lei
0
Page 3
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 moneys to be withheld to endure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following
subcontractors 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.
h _ Sub(,Qntra r Address
14,01 ",ieG✓E-tj4 r
2. DaA,v&c, C'Q 92A.5
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
PAVEMENT COATINGS CO.
Bidder
5/97
MARSHA COOLIDGE
President
4/1 Secretary . & CFO
Authorized Signature/Tdl
Page 4
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 Bid Amot"larS
(a , to be paid and forfeited to the City of Newport Beach if the bid proposal of the
undersigned Principal for the construction of
1996 -97 Slurry Seal Program (title of project and contract no.) 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 duly enter into and
execute the Contract Documents for the construction of the project in the form required within
ten days (10) (not including Saturday. Sunday, and federal holidays) after the date of the
mailing of Notice 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 2nd day of
Pavement Coatings Co.
Principal
by: I&
e4 1
MARSHA COOLID
President
Secretary & CFO
Print Name & Title
5/97
June , 19 97 .
Fidelity and Deposit Company
Surely
by:
C.K. Nakamura, Attorney in Fact
Print Name & Title
by:
Signature of Attorney in -fact
(Notary acknowledgment of Principal & Surety must be attached)
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
0
State of California
County of Los Angeles
On June 2, 1997 before me, Tracy Aston
,
Date Name aW Tale d Officer (e.g., 'Jane Doe, Notary PuNk")
personally appeared C.K. Nakamura
❑ personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) istare subscribed to the within instrument
and acknowledged to me that he/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,
mACV ASTON executed the instrument.
COMM. #'1Q�i4�06 z
_ = -�. `x Nofury Public — California ? WITNESS my hand and official seal.
LOS ANGELES COU"
My Comm. Expires APR 22. 1999
( /sgoaturagol�Notary Pu is
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another 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:
❑
❑
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attomey -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
FRIGHT THUMBPRINT
OF SIGNER
Signer's Name:
e■
9
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THU4d BPRINT
OF SIGNER
a
1
0
0
Power of Attomey
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE. BALTIMORE. MD
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of
Maryland, by C. M. PECOT, JR., Vice - President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article
VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force
and effect on the date hereof, does hereby nominate, constitute appoint C. Nakamura of Los Angeles,
California .................... 1
n
i s tfT a andlaful agent and Attorney -in -Fact, to make, exe
any and all bonds and undertakings...
and on its behalf as surety, and as its act and deed:
n t� execution of such bonds or undertakings in v of is, shall be as binding upon said Company, as fully and
amply, to all intents and purposes, as if they had ° ecuted= wledged by the regularly elected officers of the Company
at its office in Baltimore, Md., in their own prop nS. O�
((LL�
The said Assistant Secretary does hereby the extu��¢4 forth on the reverse side hereof is a true copy of Article V1, Section
2, of the By -Laws of said Company, and ' m force. v
IN WITNESS WHEREOF, the said Vi dent Secretary have hereunto sub 'bed their names and affixed the
Corporate Sell of the said �EI1IYSIT C OF MARYLAND, this 'nth day of
Apr> 1
FIDELITY AND ,#SIT COMPANY OF MARYLAND /
ATTEST: SEAL
By
Ytce-
STATE OF MARYLAND
COUNTS OF BALTWORE l ss'
On this 20th day oq April A.D. OIL, , before the subscriber, a Notary Public of the Stare of Maryland, duly
commissioned and qualified, came C. M. PECOT, JR., Vice - President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth
and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate
Seal of said Company, and that the said Corporate Seat and their signatures as such officers were duly affixed and subscribed to the said
instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and 4affixed my Official Seal the day and year fast above written.
Reuc y CAROL L FADER / // Notary Pubfc
My Commission Pxpires August 1, 1996
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and
I do further certify that the Vice- President who executed the said Power of Attorney was one of the additional Vice- Presidents specially
authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore
or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon
the Company with the same force and effect as though manually affixed."
M TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 2nd
day of June , 19 97
uaxk —012—
Assismra Secreuuy
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of the Senior Vice -
Presidents or Vice- Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have
power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice- Presidents,
Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons
to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds,
and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages.... and to affix the
seal of the Company thereto."
'CALIFORNIA ALL- PURPOPACKNOWLEDGMENT
State of California
County of Orange
0
On June 9, 1997 beforeme, Dorothy N. Lange, Notary Public
Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public")
personally appeared – – Marsha Coolidge – –
Name(s) of Signerts)
❑'personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the persons)
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.
1 DOROTHY N. LA NGE I WITNESS my hand and official seal.
� COMM. 1111taa111111111111f7o -
a r' fICfARYA KI)OUM,►gMW
l
• Comm on Signature of Notary Publid-
rrt r I �rrrr +tnr�rr�rrr
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Bidder's Bond – City of Newport Beach
Document Date:
June 2, 1997
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Marsha Coolidge
❑ Individual
Corporate Officer
Title(s): Pres /Secretary /CFO
• Partner — ❑ Limited ❑ General
• Attorney -in -Fact
❑ Trustee
• Guardian or Conservator
• Other; Top of thumb here
Signer Is Representing:
Pavement Coatings
Co.
Number of Pages: 4-`tty Page 4
Signer's Name:
❑ Individual
Corporate Officer
Title(s):
• Partner — ❑ Limited ❑ General
• Attorney -in -Fact
• Trustee
• Guardian or Conservator
• Other: Top of thumb here
Signer Is Representing:
0 1995 National Notary Association • 6236 Remmet Ave., P.O. Box 71 a4 • Canoga Park, CA 91309 -7184 Prod. No, 5907 Reorder: Call Toll -Free "D0 -876 -6627
•
►•► • 11XII-1 Lei ►
Page 5
State of California )
) ss.
County of 00/.��. "
4 &v, o )l; � being first duly sworn, deposes and says that he or she is 6-0 ,
S GFo of V by .J- Cm ' t'o •, the party making the foregoing bid; that the
bid is not made in the interest of, or on behat 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 State of California that the foregoing is
true and correct.
Bidder
1�4 �141A— HA COOLIDGE
President
Authorized SignatureTtle cf -- aVvlvtafy %a CFO
Subscribed and swom to before me this . day of ✓ /dALr , 19_V
n
Notary Public
My Commission Expires: 19 i 23
DOROTHY N. LANGE
OOMM,11028970
WTARY PURL@ • CJY'ONN
OPANKOOLOM
My comet B** JUN 5, ton
5/97
[SEAL]
•
11:103WI LOW-W,
0
Page 6
The undersigned submits herewith a statement of the work of similar character to that
proposed herein which he /she has performed and successfully completed.
Year For Whom Person
Completed Performed (Detail) To Contact
sew �+cttfD
PAVEMENT COATINGS CAD.
Bidder
5/97
Telephone
Number
MARSHA COOLIDGE
President
? Secretary & CFO
Authorized Signatur i
E
PAVEMENT COATINGS CO.
P.O. Box 1491, Cypress, California, 90630,774-826-3017, (FAX) 714- 826 -3129
Contractor's License Number 303609
REFERENCES:
City of La Canada Flintridge
Fullmer Chapman
1327 Foothill Blvd.
818/790 -8880
11/96
La Canada Flintridge, CA 91011
$73,783.00
L.A. County Public Works Dept.
Dennis Hellings
900 South Fremont
818/964 -1518
10/96
Alhambra, CA 91803
$68,981.00
L.A. County Public Works Dept.
Gus Nakhoul
900 South Fremont
310/869 -1176
9/96
Alhambra, CA 91803
$123,757.00
City of Glendale
John Mann
633 East Broadway
818/548 -3945
11/96
Glendale, Ca 91206
$139,375.00
City of Burbank
Ahmad Ansari
275 East Olive Ave.
818/238 -3990
9/96
Burbank, CA 91510
$368,266.00
City of Ojai
Glen Hawks
P.O.Box 1570
805/658 -6611
10/96
Ojai, CA 93024
$43,979.00
City of Victorville
Alberto Rosiles
P.O.Box5001
310/426 -7990
10/95
Victorville, CA 92393
$156,946.00
City of Signal Hill
Ron Williamson
2175 Cherry Avenue
310/989 -7358
10/95
Signal Hill, CA 90806
$114,724.00
Slurry Seal Resurfacing ... It Makes a Difference
Member of.:
AGC, Associated General Contractors /SSA, International Slurry Surfacing Association
WMA, Western Mobile Home Association CTPA, California Trailer Parks Association
Street Superintendents and Maintenance Association of California
th
Page 7
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 of mailing
Notice of Award to the successful bidder.
LABOR AND MATERIALS PAYMENT BOND (Page 8)
FAITHFUL PERFORMANCE BOND (Page 9)
CERTIFICATE OF INSURANCE (Page 10)
GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11)
AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12)
CONTRACT (Page 13) -
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.
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
a_. _ 1. 1. _...., --aw
5/97
Page 8
Executed in 4 Counterparts BOND NO. 08032626
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted Jame 23, 1997 has awarded to Pavement
Coatings Co" hereinafter designated as the "Principal," a contract for 1996 -97
S1 L,-, y ck-a i Pmgra n (Contract No. -1141 1 in the City of
Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract
Documents in the office of the Public Works Department of the City of Newport Beach, all of which
are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute Contract No. 3141 and
the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's
subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for,
or about the performance of the work agreed to be done, or for any work or labor done thereon of
any kind, the Surety on this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, We the undersigned Principal, and, Fidelity and Deposit Company
of Maryland duly authorized to transact business under the laws of the
State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of
Newport Beach, in the sum of Ninety nine thousand eight hundred Dollars ($_29j876 o
lawful money of the United States o ca
n, sai b /o of the estimated
amount payable by the City of Newport Beach under the terms of the Contract; for which payment
well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors,
or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's
subcontractors, fail to pay for any materials, provisions, or other supplies, implements or
machinery used in, upon, for, or about the performance of the work contracted to be done, or for
any other work or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Code with respect to such work or labor, or for any amounts required to be deducted,
withheld and paid over to the Employment Development Department from the wages of
employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment
Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an
amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by
the provisions of Section 3250 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 3181 of the California Civil Code so as to give a right of action
to them or their assigns in any suit brought upon this Bond, as required by and in accordance with
the provisions of Sections 3247 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 or the specifications accompanying the same shall in any wise affect its
5/97
0 6
Page BA
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 1st day of July fy_97Y
Pavement Coatings Co.
Name of Contractor (Principal)
Fidelity and Deposit Company
of Maryland
Name of Surety
225'S. Lake Ave. Suite 700
Pasadena, CA 91101
Address of Surety
k* JJL UAI' 6�-
Authorized Signature
MARSHA COOLIDGE
President
Secretary & CFO
Title
Authorized Agent Signature
C.K. Nakamura, Attorney In -Fact
Title
818- 792 -2311
Telephone
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
5/97
_:. ,
0 0
State of California
County of Los Angeles
On July 1, 1997 before me, Harriet Lambell, Notary Public,
personally appeared C.K. Nakamura
personally known to me (or 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.
WITNESS my hand and official seal.
KWW C� 1095226
•'... Notcly pu4)1jC — CcAtomia
Los An0eles County
- �'� My Comm rx iros may 30200D
Fir
'CALIFORNIA ALL- PURPOVA ACKNOWLEDGMENT •
State of California
County of Orange
On July 10, 1997 before me, Dorothy N. Lange, Notary Public
Date Name aiM Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared – – Marsha Coolidge – –
Name(s) of Signer(s)
® personally known to me – OR – ❑ 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 persorl
or the entity upon behalf of which the person(s) acted,
�^ executed the instrument.
I DOROTHY N. LANGE 1
OOMM.1t102 m WITNESS my hand and official seal.
g !WARY PJ&C • GMJF0RWA
s oRIIIIIIIIINCamm
Ayi onlm Bow Aim s.,coe �t���
Signature of Notary Publi
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Labor & Materials Payment Bond #08032626
Document Date: July 1, 1997 Number of Pages: Page BA
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Marsha Coolidge
❑ Individual
0 Corporate Officer
❑
❑
Title(s): President/Secretary /CFO
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Pavement Coatings Co.
RIGHT O THUMBPRINT
F SIGNER
Signer's Name:
• Individual
• Corporate Officer
Cl
Title(s):
Partner —❑ Limited
Attorney -in -Fact
Trustee
❑ General
• Guardian or Conservator
• Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
0 1995 National Notary Association , 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -]184 Prod, No. 5907 Reortle,. Call Toll -Free 1-800- 8]6-882]
Executed in 4 Counterparts
BOND NO. 08032626
.. •' •M I•
(The premium charges on this Bond is $ 489.00 being at the rate of
$4-10 thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted June 23, 1997 has awarded to Pavement Coatings Co.
hereinafter designated as the "Principal ", a contract for
1996 -97 slurrv__seal Proeram (Contract
No. 3141 in the City of Newport Beach, in strict conformity with the plans, drawings,
specifications, and other Contract Documents maintained in the Public Works Department of the
City of Newport Beach, all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute Contract No. 3141 and
the terms thereof require the furnishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the Principal, and Fidelity and Deposit Company
of Maryland , duly authorized to transact business under the laws of the State
of California as Surety (herei after "Sure"" ,are held and firmly bound unto the City of Newport
Beach, in the sum of C� P7 a �.iiar�da gfh rty ollars ($ 99,876.40), 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 specked in
this Performance Bond, there shall be included costs and reasonable expenses and fees,
including reasonable attorneys fees, incurred by the City, only in the event the City is required to
bring an action in law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the work to be performed thereunder or
to the specifications accompanying the same,shali, in anyway, 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.
5/97
t
Page 9A
This Faithful Performance Bond shall be extended and maintained by the Principal in full
force and effect for six (6) months following the date of formal acceptance of the Project by the
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 1st day of July . 19.7
Pavement Coatings Co.
Name of Contractor (Principal)
Fidelity and Deposit Company
of Maryland
Name of Surety
225 S. Lake Ave. Suite 700
Address of Surety
MARSHA COOLIDGE
It President
Authorized Signature e FO
Authorized Agent Signature
C.K. Nakamura, Attorney In- Fact
818 - 792 -2311
Telephone
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
5/97
y.�V
0
State of California
County of Los Angeles
E
On July 1, 1997 before me, Harriet Lambell, Notary Public,
personally appeared C.K. Nakamura
personally known to me (or 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 authorised 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.
WITNESS my hand and official seal.
IAMBELL
COR1rHVbn R 1093226
' Mary PUb9 — Callfornlo ;
los An- =s County
My
'
... May 30.2pl1C
IAMBELL
COR1rHVbn R 1093226
' Mary PUb9 — Callfornlo ;
los An- =s County
My
0
•
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE, BALTIMORE MD
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of
Maryland, by C. M. PECOT, JR., Vice- President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article
VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full for
and effect on the date hereo:, does hereby nominate, constitute and appoint C. Nakamura of L a
os Angeles,
California .. ............................ . ...... ................... ..
rid lawful agent and Attorney -in -Fact, to make, oieci d deliv and on its behalf as surety, and as its am and deed:
any and all bonds and undertakings....E?� . ..............................�
ecution of such bonds or undertakings in - of the ts, shall be as binding upon said Company, as fully aid
amply, to all intents and purposes, as if they had ° executed wledged by the regularly elected officers of the Company
at its office in Baltimore, Md., in their own p� ns. O,.,
o\ � O
The said Assistant Secretary does hereby w the er9P forth on the reverse side hereof is a true copy of Article VI, Section
2, of the By -Laws of said Company, and . m force vv
IN WITNESS WHEREOF, the said V' 'dent rant Secretary have hereunto sub 'bed their Dames and affixed the
Corporate Se$1 of the said FIDELITY SIT OF MARYLAND, this LUth day of
April , A.D. 1 °
ATTEST:
FIDE7Y COMPANY OF MARYLAND /
SERI. ( f%
By
rce-r„r '
ST &TE of M"YLA D
COUNTY OF BALMMIZE �'
On th 20th day of April , A.D. 19 94 , before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came C. M. PECOT, JR., Vice - President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding
instrument, and they each ar wledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth
and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate
Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said
instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereuam set my hand and affixed my Official Seal the day and year first above written.
X10IIOrM, o
9' CAROL 1. FADER Notary PabGc
My Commission Expim Auvust 1. 1996
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and
I do further certify that the Vice- President who executed the said Power of Attorney was one of the additional Vice - Presidents specially
authorized by the Board of Directors to appoint any AnDruey -in -Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile wider and by authority of the following resolution of the Board of Directors of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore
or hereafter, wherever appearing upon a certified copy of any power of anomey issued by the Company, shall be valid and binding upon
the Company with the same force and effect as though manually affixed."
IN TESTIMONY WH m
EREOF, I have hertgto subscribed my name and affixed the corporate seal of the said Company, this 1st
day of July . 19 y7.
LICk —012—
A surwa Secre=ry
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of the Senior Vice -
Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have
power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents,
Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons
to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds,
and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the
seal of the Company thereto."
t
'CALIFORNIA ALL- PURPON! ACKNOWLEDGMENT
State of Calif
County of
On July 10, 1997 beforeme, Dorothy N. Lange Notary Publin
Date Name and Title of OBicer (e.g., 'Jane Doe, Notary Public)
personally appeared – – Marsha Coolidge – –
Name(s) of swer(s)
IXpersonally known to me – OR – ❑ 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.
DOROTHY. LANGE WITNESS my hand and official seal.
g COMM.0102WM
W Om m E*a ain s, rave
nature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Faithful Performance Bond #08032626
Document Date: July 1, 1997 Number of Pages: Page 9A
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Marsha Coolidge
❑ Individual
Corporate Officer
Title(s): President /Secretary /CFO
• Partner —❑ Limited ❑ General
• Attorney -in -Fact
• Trustee
• Guardian or Conservator
• Other: Top of thumb here
Signer Is Representing:
Pavement Coatings
Co.
Signer's Name:
LJ.
■
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
0 1995 National Notary Association • 82216 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7104 Prod, No. 5907 Reorder: Call Toll -Free 1- 800- 8766827
SHIPKEY INSURANCE AGENCY, INC.
14751 PLAZA DRIVE SUITE K, P.O. BOX 1029
TUSTIN, CA 92780
(714) 731 -5801
FAX (714) 7304876
NSURED
PAVEMENT COATING COMPANY
P.O. BOX 1491
CYPRESS, CA 90630
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
I COMPANIES AFFORDING COVERAGE
COMPANY
A RELIANCE INS. (GATEWAY)
COMPANY
B EMC INSURANCE COMPANY
COMPANY
c
COMPANY
D
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.
0
TR
TYPE Of INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMDNY)
POLICY EXPIRATION
DATE (MM/DD"
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
]CLAIMS MADE r X J OCCUR.
l
OWNER'S B CONTRACTOR'S PROT.
SJ2672627
OCT 1 96
OCT 197
GENERAL AGGREGATE
$ 2,0W,000
PRODUDTBGDMPIDP AGG.
$ 1,OW,000
PERSONAL 8 ADV INJURY
'--��
EACH OCCURRENCE
1,000,000
ib ~ 1,DOD,000
FIRE DAMAGE{Any One Fire)
$ EXCL
MED. EXP N� SE {Any &;. Perso
$ EXCL
B
AUTOMOBILE
X
LIABILITY
ANY AUTO
ALLOWNEDAUTOS i
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
OX81588 -97
I(IISURAICI
I OCT 1 96
APPROVED
I OCT 1 97
COMBINED SINGLE LIMIT
$ 1000000
BODILY INJURY
(Per Person)
$
BODILY INJURY
(Per Amdw)
$
PROPERTY DAMAGE
$
GARAGE LIABILITY
ANY AUTO
AG
A ONLY. EA ACCIDENT
5
THAN AUTO ONLY:
EACH ACCIDENT
$
AGGREGATE
S
EXCESS LIABILITY
J UMBRELLA FORM
OTHER THAN UMBRELLA FORM
OCCURRENCE
$
AGGREGATE
$
WORKER'S COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETOR/ INGL
PARTNEREXECUTIVE
SI
OFFICERS ARE EXCL
I
STATUTORY LIMITS
EACH ACCIDENT
DISEASEPOUCY LIMIT
E
DISEASE.EACH EMPLOYEE
Is
OTHER
DESCRIPTION OF OPERAMONSILOCATIONSNEHICLES /SPECIAL ITEMS
ALL OPERATIONS - SLURRY SEAL PROJECT FY96 -97
ADDITIONAL INSURED PER ATTACHED FORMS
I .'GERTIFiCAT£ HOLDER: .. i'7y CANCELLATLON=L`'
—_ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF NEWPORT BEACH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS
''' WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
P.O. BOX 1768
NEWPORT BEACH, CA A92658 -8915
POLICY NUMBER: ox8a8-97
Policy Term; 10/1/96- 10/1/97
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED ENDORSEMENT
This endorsement modes insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage
Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless
another date is indicated below.
Effeaive date
July 3, 1997
named Insured
CournersiWrcd br
Pavement Coatings Co.
(authorized Represontit
SCHEDULE
Name of Person(s) or Organization(s) City of Newport Beach, its officers,
snd employees
P. O. Box 1768
Newport Beach, CA 9658 -8915
(If no entry appears above, information required to complete this endorsement will be
shown in the Declarations or Schedule as applicable to this endorsement.)
Each person or organization indicated above is an "insured' for LIABILITY COVERAGE,
but only to the extent that person or organization qualifies as an "insured" under the
WHO IS AN INSURED provision Contained in Section II of the Coverage Form.
The insurance provided to the person or organization shown in the Schedule is Primary
Insurance and we will not seek contribution from any other insurance available to that
"insured"
Farm CA72N (Ed. 1.94)
0
brhdes CevjftMed Makriat of h wamw serrlose Offlom Inc. will, its Wmissfon.
COFO% . Inw&w senims Olga. tno. 1999
031
GENERAL LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
Page 11
1. With respect to such insurance as is afforded by the policy for General Liability, the City of
Newport Beach, its officers and employees are additional insureds, but only with respect to
liability arising out of operations performed by or on behalf of the named insureds in
connection with the contract designated below or acts and omissions of the additional
insureds in connection with its general supervision of such operations. The insurance
afforded said additional insured(s) shall apply as primary insurance and no other insurance
maintained by the City of Newport Beach shall be called upon to contribute with insurance
provided by this policy. -
2. The policy includes the following provision:
'The insurance afforded by the policy applies separately to each
insured against whom claim is made or suit is brought, except with
respect to the limits of liability of the company affording coverage.
3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed
by the named insured under the indemnification or hold harmless provision contained in
the written contract designated below, between the named insured and the City of
Newport Beach.
4. With respect to such insurance as is afforded by this policy, the exclusions, if any,
pertaining to the explosion hazard, collapse hazard and underground property hazard
(commonly referred to as "XCU" hazards) are deleted.
5. The limits of liability under this endorsement for the additional insured(s) named in
Paragraph 1 of this endorsement shall be the limits indicated below written on an
"Occurrence" basis:
k) Commercial () Comprehensive
i
General Liability $ 1,000,000 each occurrence
1,000,000 aggregate (products /Completed Operatic
$ 2,000,000 aggregate (general)
The applicable limit of Contractual Liability for the company affording coverage shall be
reduced by any amount paid as damages under this endorsement in behalf of the
additional insured(s).
The limits of liability as stated in this endorsement . shall not increase the total liability of the,,,,_,,,
company affording coverage for all damages as the result of any one occurrence in excess of the
limits of liability stated in the policy as applicable to General Liability Insurance.
5/99
0
Page 11A
6. Should the policy be qqqjvnxvA, canceled wommaqpwadcoml before the expiration
date thereof, the Issuing Company shall provide 30 days' advance notice to the City of
Newport Beach by registered mail, Attention: Public Works Department.
7. Designated Contract: 1996 -97 Slurry Seal Program Contract No. 3141
Project Title and Contract No.
This endorsement is effective July 7, 1997 at 12:01 a.m. and forms a part of Policy
No. SJ2672627 of Reliance (Company Affording Coverage).
Insured: Pavement Coatings Co. Endorsement No.:
ISSUING COMPANY
Reliance Insurance (Gateway)
By: —J6
Authorized Representative
'1
5/97
I
SENT BY:PAVEMENT COATINGS CO : 8- 5 -97 1:51PM
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ems P.O. BOX 420807, SAN FRANCISCO, CA 44142-0@07
COMPGN$ATION
iNOUNANC! 1
I—no NWIF r
71464433 05:# 2
This Is to certify that we have issued a valid Workers' Compensation Insurance pocky in a form approved by the Californie
Insurance Commissioner to the Employer named balixw' for the potty period tndkmtsd -.
This pollcy Is not subject to cancellation by the Fund except upon days' advance wraten notice to the employer,
We will also give you N days' advance notice should this pocky be cancelled prior to its nor"I axplrptlon.
This'oertNicate of Insurance is not an Insurance pocky and does not amend, extend cr star the coverage afforded by the
policies listed herein. Notwthetanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of Insurance may b0- ii®uad. or may pertalil, the insurailob a%I9rded;by the policies
described herein is subject to all the terllls ex0lutlb4,1111 COtdit(prq,of such pottdas
AUTHORIZED REPF E$ TATIVi:r i eS14$NT
EMPLOYER'S LIABILITY LIMIT INCLUCINC DEFEN99 Gtl8T9f•ttlt466;600 PER OCCURRENT
ENDORSEMENT #0013 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE
07/24/97 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
NAME OF ADDITIONAL INSURED: CITY OF NEWPORT BEACH
ENDORSEMENT 02065 ENTITLED CERTIFICATE HOLDERS "NOTICE EFFECTIVE
01/011/97 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
111"R IICE APPROVED
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THIS AGREEMENT, entered into this 23rd day of June , 19_23 by and
between the CITY OF NEWPORT BEACH, hereinafter "City," and Pavement Coatings Co,
, hereinafter "Contractor," is made with reference to the following facts:
A. WHEREAS, City has advertised for bids for the following described public work:
1996 -97 Slurry Seal Program (- project ") 3141
Project Description Contract No.
B. WHEREAS, 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, City and Contractor agree as follows:
CONTRACT DOCUMENTS The complete Contract for the Project includes all of
the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal,
Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and
Materials Payment Bond, Permits, General Conditions, Standard Plans and
Standard Special Provisions, Plans and Special Provisions for Contract No.
3141 , Standard Specifications for Public Works Construction (current edition)
and all supplements and this Agreement, and all modifications and amendments
thereto (collectively the "Contract Documents "). 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. 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 Ninety nine thousand eight hundred
seventy six dollars and forty cents Dollars
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This compensation includes:
(a) Any loss or damage arising from the nature of the work,
(b) Any loss or damage arising from any unforeseen difficulties or obstructions
in the performance of the work,
(c) 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, and which loss or expense occurs prior to
acceptance of the work by City.
4. NOTICE OF CLAIMS 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 payment.
5. WRITTEN NOTICE Any written notice required to be given under the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage
prepaid, directed to the address of Contractor and to City, addressed as follows:
CITY
City of Newport Beach Pavement Coatings Co
3300 Newport Blvd, P 0 Boa P 0 Box 1491
Newport Beach, CA 92658 -8915 Cypress, CA 90630
Attn: Marla Matlove
6. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this
Contract, hereby certifies:
"I am aware of the provisions of Section 3700 of the Labor Code which requires
every employer to be insured against liability for Workers' Compensation or
undertake self - insurance in accordance with the provisions of the Code, and I will
comply with such provisions before commencing the performance of the work of
this Contract."
Insurance is to be placed with insurers with a Best's rating of no less than A:VII
and insurers must be a California Admitted Insurance „Company
Contractor shall furnish City with certificates of insurance and with original
endorsements effecting coverage required by this Agreement. The
certificates and endorsements for each insurance policy are to be signed by a
Page 15
person authorized by that insurer to bind coverage on its behalf, on forms
provided by City. All certificates and endorsements are to be received and
approved by City before work commences. City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
Contractor shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property which
may arise from or in connection with the performance of the work hereunder
by Contractor, his agents, representatives, employees or subcontractors. The
cost of such insurance shall be included in Contractor's bid.
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage
"occurrence" form number CG 0001 (Edition 11/85) or Insurance Services
Office form number GL 0002 (Edition 1/73) covering Comprehensive General
Liability and Insurance Services Office form number GL 0404 covering Broad
Form Comprehensive General Liability.
2. Insurance Services Office Business Auto Coverage form number CA 0001
0187 covering Automobile Liability, code 1 "any auto" and endorsement CA
0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured
Contract.
3. Workers' Compensation insurance as required by the Labor Code of the State
of California and Employers Liability insurance.
B. MINIMUM LIMITS OF INSURANCE
Coverage limits shall be no less than:
1. General Liability: $ nnnTOdbbmbined single limit per occurrence for bodily
injury, personal injury and property damage. If Commercial Liability Insurance
or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $--L, 000, 000 combined single limit per accident for
bodily injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' compensation
limits as required by the Labor Code of the State of California and Employers
Liability.
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WAIIIL•iltt'11 *Y_ 01 _ ► • ►
Any deductibles or self- insured retentions must be declared to and approved
by City. At the option of City, either: the insurer shall reduce or eliminate
such deductibles or self- insured retentions as respects City, its officers,
officials, employees and volunteers;
guaranteeing payment of losses
administration and defense expenses.
or Contractor shall procure a bond
and related investigations, claim
The policies are to contain, or be endorsed to contain, the following
provisions:
General Liability and Automobile Liability Coverages
a. City, its officers, officials, employees and volunteers are to be covered
as additional insureds as respects: liability arising out of activities
performed by or on behalf of Contractor, including the insured's
general supervision of Contractor; products and completed operations
of Contractor; premises owned, occupied or used by Contractor; or
automobiles owned, leased, hired or borrowed by Contractor. The
coverage shall contain no special limitations on the scope of protection
afforded to City, its officers, officials, employees or volunteers.
b. Contractor's insurance coverage shall be primary insurance as
respects City, its officers, officials, employees and volunteers. Any
insurance or self- insurance maintained by City, its officers, officials,
employees and volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
C. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to City, its officers, officials, employees and
volunteers.
d. Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
e. The insurance afforded by the policy for contractual liability shall
include liability assumed by contractor under the indemnification /hold
harmless provision contained in this Agreement.
C.
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WAIIIL•iltt'11 *Y_ 01 _ ► • ►
Any deductibles or self- insured retentions must be declared to and approved
by City. At the option of City, either: the insurer shall reduce or eliminate
such deductibles or self- insured retentions as respects City, its officers,
officials, employees and volunteers;
guaranteeing payment of losses
administration and defense expenses.
or Contractor shall procure a bond
and related investigations, claim
The policies are to contain, or be endorsed to contain, the following
provisions:
General Liability and Automobile Liability Coverages
a. City, its officers, officials, employees and volunteers are to be covered
as additional insureds as respects: liability arising out of activities
performed by or on behalf of Contractor, including the insured's
general supervision of Contractor; products and completed operations
of Contractor; premises owned, occupied or used by Contractor; or
automobiles owned, leased, hired or borrowed by Contractor. The
coverage shall contain no special limitations on the scope of protection
afforded to City, its officers, officials, employees or volunteers.
b. Contractor's insurance coverage shall be primary insurance as
respects City, its officers, officials, employees and volunteers. Any
insurance or self- insurance maintained by City, its officers, officials,
employees and volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
C. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to City, its officers, officials, employees and
volunteers.
d. Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
e. The insurance afforded by the policy for contractual liability shall
include liability assumed by contractor under the indemnification /hold
harmless provision contained in this Agreement.
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1• •1 1" •= 11• • - .• • - -•-
The insurer shall agree to waive all rights of subrogation against City, its
officers, officials, employees and volunteers for losses arising from work
performed by Contractor for City.
- _•-
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to City.
E. Acts of God: Pursuant to Public Contract Code Section 7105, Contractor shall not
be responsible for the repairing and restoring damage to Work, when damage is
determined to have been proximately caused by an Act of God, in excess of 5
percent of the Contract amount provided that the Work damaged is built in
accordance with the plans and specifications.
Contractor to stop Work under this Agreement and/or withhold any payment(s)
which become due to CONTRACTOR hereunder until CONTRACTOR
demonstrates compliance with the requirements of this article.
E � : 3 �� � 1► 69 L 3 I _� �' 1; r � ] 3 � 7� � J:L � I �� � 7 :� I i ; R i � L' �7
A. City and all officers, employees and representatives thereof shall not be
responsible in any manner: for any loss or damages that may happen to the Work
or any part thereof; for any loss or damage to any of the materials or other things
used or employed in performing the Work, for injury to or death of any person
either workers or the public; or for damage to property from any cause arising from
the construction of the work by Contractor, or its subcontractors, or its workers, or
anyone employed by it.
B. 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.
C. Contractor shall indemnify, hold harmless, and defend City, its officers and
employees from and against (1) any and all loss, damages, liability, claims,
allegations of liability, suits, costs and expenses for damages of any nature
whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from any and all acts or omissions
of Contractor, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant tothis Agreement;,,(2) use of
improper materials in construction of the Work; or, (3) any and all claims asserted
by Contractor's subcontractors or suppliers on the project, and shall include
reasonable attomeys' fees and all other costs incurred in defending any such
5/97
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claim. Contractor shall not be required to indemnify or defend City from the sole
negligence or willful misconduct of City, its officers or employees.
D. To the extent authorized by law, as much of the money due Contractor under and
by virtue of the Contract as shall be considered necessary by City may be retained
by it until disposition has been made of such suits or claims for damages as
aforesaid.
E. Nothing in this article, nor 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 Agreement.
The rights and obligations set forth in this Article shall survive the termination of
this Agreement
9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Agreement 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.
10. CONFLICT If there is a conflict between provisions of this Contract and any
other Contract Document, the provisions of this Contract shall prevail.
11. 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.
IN WITNESS WHEREOF,.-the pa.
. ies_hereto have caused this contract to be executed the
day and year first written above. :% rn _
ATTEST: ITY OF NEWPORT BEACH
Municipal Corporation
,r 1,Jr7
i; ntJ lt; C9C�rpn . By:
CITY CLERK
APPROVED AS TO FORM:
14"G I1>r 7TORC..4
PAVEMENT COATINGSC%ARSHA COOLIDGE
President
By. Secretary & CFO
CITY ATTORNEY Authorized Sig re and Title . . ,,, ,.,,.'*
F:1catWebbie1agWd.doc
5/9]
RC:da 05-7497
'CALIFORNIA ALL- PURP011 ACKNOWLEDGMENT
State of California
County of Orange
On July 10, 1997 before me, Dorot
Data
Pi
N. Lange, Notary Public
Name and Title of Officer (e.g.. "Jane Doe. Notary Public")
personally appeared - - Marsha Coolidge - -
Name(s) 01 E
LXpersonally known to me - OR - ❑ 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.
DOROTHY AL WVNGGE WITNESS my hand and official seal.
COMA. #1088970
NtIrARYPUBl1C•CAI�OIM11 y
OiNNK000NrY
M1 Cann Etr u 'lone 5, 19A8 s. me of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Contract- City of Newport Beach
Document Date: June 23, 1997
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Marsha Coolidge
❑ Individual
IN Corporate Officer
Title(s): President /Secretary /CFO
• Partner — ❑ Limited ❑ General
• Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
Pavement Coatings Co.
Top of thumb here
Signer's Name:
i
Number of Pages: 13-18
Individual
Corporate Officer
Title(s):
Partner —❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
0 1995 National Notary Association •8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7180 Prod. No. 5907 Reorder: Call Toll -Free 1 -800 876ti 27
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
1996 -97 SLURRY SEAL PROGRAM
CONTRACT NO. 3141
ADDENDUM NO, 1
BIDDERS shall propose to complete Contract No. 3141 in accordance with the Plans, Proposal,
Contract Documents and Special Provisions as modified by this Addendum:
The bid opening date is changed to June 10, 1997.
2. The bid opening time is changed to 1:00 PM.
Please execute and date this addendum and attach it to your PROPOSAL.
result in disqualification of your bid.
co1z1 61`1
DATE Marla Matlove
Failure to do so may
Project Manager
I have carefully examined this Addendum and included full payment therefore in my PROPOSAL.
DATE
PAVEMENT COATIIQC3S CO.
Bidder's Name
Ark �' MARSHA COOLIDGE
Presid6nt
8 CFO
Authorized Signafture
July 1, 1997
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Doug Martin Contracting Co.
220 E. Foundation Ave.
La Habra, CA 90631
Gentlemen:
(714) 644 -3005
Thank you for your courtesy in submitting a bid for the 1996 -97 Slurry Seal
Program project in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal. Your cooperation
in working with us on this matter is greatly appreciated, and we hope that you
will accept future opportunities to bid on projects of a similar nature.
Sincerely,
c� M
LaVonne M. Harkless, CMC /AAE
City Clerk
Enclosure
3300 Newport Boulevard, Newport Beach
t
TfM D;MMff BUCH s COMMM
02IOIVPOIIOL'*
Dear Advertiser:
Client Reference 4 3 I C (
Daily Pilot Reference $ 12LE
Enclosed please find clipping of your a from the
first publication, beginning � _� — 7
if you need to make any changes or corrections,
please call me at your earliest convenience.
The cost of this publication will be $
Thanks for your cooperation and patronage.
DID{
G
Approved by Don
Webb, Public Works DF
motor
Prospective bidders may!
obtain one am of bid dow
msn4 at no cost at the of-;
fts of the Public Work
Ilaoenmwn, 'aom �:
Newport Beach, CA 92OW
8915.
For further InformWOn,
call Marla Madove at (714)
844.3311.
Published No Wpoit
Beach -Costa Mesa VW
OlfirtM426 26, 1897.
TMIN
Sincerely,
y O tting
Manager
Legal Advertising Department
330 West Bay Street,
Costa Mesa, CA 92627
(714) 642 -4321
FAX (714) 631 -5902 n
July 1, 1997
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Roy Allen Slurry Seal, Inc.
11922 Bloomfield Avenue
Santa Fe Springs, CA 90670
Gentlemen:
(714) 6443005
Thank you for your courtesy in submitting a bid for the 1996 -97 Slurry Seal
Program project in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal. Your cooperation
in working with us on this matter is greatly appreciated, and we hope that you
will accept future opportunities to bid on projects of a similar nature.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
Enclosure
3300 Newport Boulevard, Newport Beach