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C-3188 - 1997-1998 Slurry Seal Program
CiT�' OF NE WPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 16,1998 Roy Allan Slurry Seal, Inc. 11922 Bloomfield Avenue Santa Fe Springs, CA 90670 Subject: Contract No. 3188 -1997 -1998 Slurry Seal Program On September 28, 1998, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice of Completion was recorded by the Orange County Recorder on October 9, 1998 - Reference No. 19980686801. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is 08032702. Sincerely, i. LaVonne M. Harkless, CMC /AAE City Clerk LH:li cc: Public Works Department Bill Patapoff, Construction Engineer encl. 3300 Newport Boulevard, Newport Beach PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT. 1997 -1998 SLURRY SEAL PROGRAM CONTRACT NO. 3188 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 in-- dollars ($ 109 ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 1997 -1998 Slurry Seal Program, Contract No. 3188 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 12th day of May 19 98 Roy Allan Slurry Seal, Inc. Name of Contractor (Principal) Fidelity and Deposit Company of Name of Surety Maryland 225 S. Lake Ave. Suite 700 Pasadena, CA 91101 Address of Surety 626 - 792 -2311 Telephone Authorized Signature/Title Authorized Agent C.K. Nakamura, Attorney In -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County Of LOS ANGELES On C 9i before me, RICHARD ENTRIKIN- NOTARY DATE NAME, TITLE OF OFFICER - E.G.. 'JANE DOE, NOTARY PUBLIC' No. 5907 personally appeared LAWRENCE ALLAN 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 ac- knowledged 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), y COMMLa.l+oss+ or the entity upon behalf of which the t<! � NOTARY PUBLIGCALIF00.NIA LOS ANGELES COUNTY ro person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(MS) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 -Canoga Park, CA 91309.7184 i State of California County of Los Angeles C1 On May 12, 1998 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. p �1Yd11Fl WNBE'.L s _ CpmllYbnf irn3re z i � lGn AlaJ61a C..wrry •f � COIIVr1 �JtpY&s Nry 5: ••• • • Power of Attomey FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE. BALTIMORE. MO 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 frill force and effect on the date hereof, does hereby nominate, constitute and�,appoint C. K,,. Nakamura Of Los Angeles, California .............................. o .. \� .. ' 'rue an a agent and Attorney -in -Fact, to make, execute and delivgi; and on its behalf as surety, and as its act and deed: any and all bonds and undertakings......... v �.......... .................... ABUIdW execution of such bonds or undertakings in p v of vats, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had bee ° executed ti owledged by the regularly elected officers of the Cottipany at its office in Baltimore, Md., in their own prop ns. O The said Assistant Secretary does hereby [he ezt> 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. v IN WITNESS WHEREOF, the said V' dent tant Secretary have hereunto subs tl)� their names and affixed the Corporate Seal of the said FIDETIT'Y EPOSIT NY OF MARYLAND, this UU day of April A.D.1 FIDELITY A SIT COMPANY OF MARYLAND ATTEST: SEAL . r By As ' rotary Vue -Pre ' STATE OF MARYLAND V COUNTY OF BALTMMORE l SS' On this 20th day ofJ 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, m me personally known to be the individuals and officers desrnibed 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 m 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 m the said instrument by the authority and direction of rite said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand��aan.d gaffixed my Official Seal the day. and ✓yeear fi st above written. U jrq �% nom. IUfMf °r q CAROL I. FADER �T Notary Public My Commission Expires Auwst 1. 1996 CERTIFICATE I, the undersigned, Assistant Secretary Of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attomey 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 m appoint any Attomey -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 trade 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." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 12th day of May , 19 98 Lla —012— `tSSiMW Secretary 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1997 -1998 SLURRY SEAL PROGRAM CONTRACT NO. 3188 BOND NO. 08032702 PAGE 15 Executed in 4 Counterparts Premium Included in Perf. Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has.awarded to Roy Allan Slurry Seal, Inc. hereinafter designated as the "Principal," a contract for 1997 -1998 Slurry Seal Program, Contract No. 3188 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. 3188 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, 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 Newponrt� pTBTg` h, in the sum of one Hundred Ninety Three Thousand Two Hundred Sixty UOIE ($)$193,260.00 lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. 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. 0 0 PAGE 16 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 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 16th day of June , 19 99 Roy Allan Slurry Seal, Inc. Name of Contractor (Principal) Fidelity and Deposit Company of Name of Surety Maryland 225 S. Lake Ave. Suite 700 Pasadena, CA 91101 Address of Surety 626 - 792 -2311 Telephone Authorized Signature/Title Authorized Agent Signature C.K. Nakamura, Attorney In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of County of CALIFORNIA LOS ANGELES On Z- before me, RTrHART) FNTR y TN, unTARY PIIRI Tc. OAT NAME. TITLE OF OFFICER E.G.. 'JANE DOE. NOTARY PUBLIC' personally appeared W. R. ALLAN NAME(S) OF SIGNER(S) No. 5907 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 ac- knowledged to me that he /she /they executed - -- — the same in his /her /their authorized 4��R ICC-!.Ai<G cN TRi KJ P,I �' COHH. zn+ses -1 capacity(ies), and that by his /her /their Cl NOTARY OS ANGELES C uN 4i 11 V, signature(s) on the instrument the person(s), M�Comm. Ex. :cry13.LCU Or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TT LE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 0 0 CALIMONIA ALI t l #1 '% 'SE ACI NM.E1 RMT State of California County of Los Angeles On June 16, 1998 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. U 1 o7n can, emm MW gblarPb�� ' -" 0 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND NOME OFFICE, 6ALnMORE, MO 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 herebv nominate, constitute and appoint C. K. Nakamura of LOS Angeles, California............................... .......... s............................. . rye and lawrul agent and Attorney -in -Fact, to make, exec and any and all bonds and undertakings... :.... 2UTd-Fe—execution of such bonds or undertakings in ice of amply, to all intents and purposes, as if they had y execute at its office in Baltimore, Md., in their own pr ons. A and on its behalf as surety, and as its act and deed: shall be as binding upon said Company, as fully and aged by the regularly elected officers of the Company J The said Assistant Secretary does hereby that the e t forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, an in for IN WITNESS WHEREOF, the said �D ident A istant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY F731)d. DEPOSTL, ANY OF MARYLAND, [his 20th day of - -A�rL1 , A.D. "'�� G,� §90 rI'Y A SIT COMPANY OF MARYLAND ATTEST: � By- Ap Secretary Vice -Pre ' &-t STATE OF MARYI.A.YD I ss. CoLwry OF BALTLMORE ` On this_ 20th day OL April , A.D. 19-2-4-, before the subscriber, a Notary Public of the State of Maryland, duty 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 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 hereunto set my hand and affixed my Official Seal the day and year fast above written. 0 ""�"'` g CAROL J. FADER �� Notary Public �'�°r.w aR`� My Commission Expires Ausu$t 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, time 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." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 16th day of- _sung , 199-8-. u+s� -012- .._"S ASSGrtana Secretary PAGE 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1997 -1998 SLURRY SEAL PROGRAM CONTRACT NO. 3188 Executed in Four Counterparts BOND NO. 08032702 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,611,00 being at the rate of $ 100,000 @$9.40193.260 @$7.20 thousand of the Contract price WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Roy Allan Slurry Seal, Inc. hereinafter designated as the "Principal ", a contract for 1997 -1998 Slurry Seal Program, Contract No. 3188 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3188 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Fidelity and Deposit Company of Maryland , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto tN�Pity of Newport Beach, in the sum of One Hundred Ninety Three Thousan®ollars ($ 193,260.09 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. * *Two Hundred sixty 6 no /100 Dollars 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. 0 0 PAGE 18 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 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 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 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 16thday of June , 19_98 Roy Allan Slurry Seal, Inc. Name of Contractor (Principal) Fidelity and Deposit Company Name of Surety o r Maryland an 225 S. Lake Ave. Suite 700 Pasadena, CA 91101 Address of Surety 626- 792 -2311 Telephone Authorized Signature/Title 1 Authorized Agent Signature C.K. Nakamura, Attorney In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of County of CALIFORNIA LOS ANGELES • On ` / before me, TcARn FNTRTKTN, NoT:1RY P1TRi Tr NAME. TITLE OF OFFICER EO.,'JANE DOE, NOTARY PUBLIC' personally appeared W. R. ALLAN No. 5907 NAME($) OF SIGNER(S) u 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 ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their N, COMM. #1146654 4d NOTARYTIWCCAUONNIA(A signature(s) on the instrument the person(s), LOS ANGELES COUNTY W L_�_n„C� m.E.o_;�n13,2001 or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 CALIFORNIA ALL- PUR F'GSE ACNME©GMENT State of California County of Los Angeles On June 16, 1998 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. �iOM226 s eae,r�_c� aria '` w�narca+�r � ybdp„m Optw Mar 7D3000 "( rr • RECORDING �FQ%Jk D WHEN RECORDEEDD RE U O: City Clerk '98 OCT 20 A 9 :39 City of Newport Beach 3300 Newport Boulevard Newport Be%bTi:JIJ�63i1 Y CLERK U- 1, "! ,'C f BEACH pursuant Recorded in the County of orange, California Gary L. Granville, Clerk /Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111 I $111111111 !111 No Fee 005 14018886 14 19980686801 2;46pm 10/09/98 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION 6103" NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Roy Allan Slurry Seal, Inc. of Santa Fe Springs, California, as Contractor, entered into a Contract on June 8, 1998. Said Contract set forth certain improvements, as follows: 1997 -1998 Slurry Seal Program, C -3188. Work on said Contract was completed on September 4, 1998, and was found to be acceptable on September 28, 1998, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. 5-31 Public—Works Oirector 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 I BY it City Clerk at Newport Beach, California. • • TO: Mayor and Members of the City Council C3 x> C -31 V September 28, 1998 CITY COUNCIL AGENDA ITEM, NO,_._..__g_.___.__, OF, 51328 FROM: Public Works Department — AMMY SUBJECT: COMPLETION AND ACCEPTANCE OF 1997 – 1998 SLURRY SEAL PROGRAM – CONTRACT NO. 3188 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: On June 8, 1998, the City Council authorized the award of the 1997 – 1998 Slurry Seal Program contract to Roy Allen Slurry Seal, Inc., of Santa Fe Springs, California. The contract provided for placement of a slurry seal in Cameo Shores and Highlands, Westcliff, Shorecliffs, Lido Isle and the Finley Tract. In addition, several City parking lots were slurried. Overall, a total of 21.3 lane -miles and 4 City owned parking lots were slurried. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $193,260.00 Actual amount of bid items constructed: 190,357.35 Total amount of change orders: 0.00 Final contract cost: $190,357.35 The decrease in the amount of actual bid items constructed over the original bid amount resulted from the deletion of slurrying the Bonita Creek Park parking lot. This lot will be rehabilitated shortly under separate contract. The final overall construction cost was (1.5 %) under the original bid amount. • The were no change orders issued for extra work. SUBJECT: Completion And Accept of 1997 - 1998 Slurry Seal Program — Contract No.'1188 September 28. 1998 Page 2 Funds for the project were budgeted in the General Fund - Street Account No. 7013 - CC5100018 (Street, Alley, and Bikeway Slurry Program). All work was completed on September 4, 1998, the scheduled completion date. Respectfully submi et , PUBLIC WORKS DEPARTMENT Don Webb, Director I -� KI Horst Hlawaty, P.E. Construction Engineer Attachment: Project Location Map C\ groups` \pubwcM1s \councihfy98 99�ept- 28Wurry c- 3188.doo • • • x 11P An • City Clerk PAGE 1 CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 20th day of May, 1998, at which time such bids shall be opened and read for 1997 -1998 SLURRY SEAL PROGRAM Contract No. 3188 $183,137.00 Engineer's Estimate /' , Approved by (�(/ Bill Pkdp46ff City Engineer 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, tail Marla Matlove, Project Manager at (949) 644 -3322. PAGE 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1997 -1998 SLURRY SEAL PROGRAM CONTRACT NO. 3188 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL 2. Cash, certified check or cashier's 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. 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. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated 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. I 0 • PAGE 3 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 in the office of the City 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). 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. 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. The signature below represents that the above has been reviewed. Contractor's License No. & Classification R1�6 S�� 4.124 S�,� Bidder Ai thorized Signature/Title - Z-0 - q b Date ,T E PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1997 -1998 SLURRY SEAL PROGRAM CONTRACT NO. 3188 DESIGNATION OF SUBCONTRACTOR(S) 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 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. Subcontract Work Subcontractor Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. aat4 Ma" � ttAM. AQ- EQ All Sidd Authorized Signature/Title 0 0 PAGE 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1997 -1998 SLURRY SEAL PROGRAM CONTRACT NO. 3188 TECHNICAL ABILITY AND EXPERIENCE REFERENCES 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 Project Completed Name /Aclency Person Telephone To Contact Number Vk U , t:T?> — I/ C-i (-L, U1 luwp ✓�r �( AI ee,� S Bid (It L"/ y,, Pr�„-AC- ,t Authorized Signature/Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1997 -1998 SLURRY SEAL PROGRAM CONTRACT NO. 3188 NON - COLLUSION AFFIDAVIT State of California ) ss. County of ) PAGE 7 t—c v ce Ica _ %11 iCA being first duly sworn, deposes and says that he or she is U ca bra )tc,�i of P-j.. IgJktA,.. �(w.,2g �N[ .�_ the party making the foregoing bid; that the bid i of made in the in rest 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 State of California that the foregoing is true and correct. Subscribed and sworn to before me this IIA"A,'( — lJv --- / `004� Authorized Signature/Title day of [SEAL] Notary Public My Commission Expires: 19_ 11 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of LOS ANGELES On 5- 124 %lY before me, RICHARD ENTRIKIN- NOTARY DOE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC" No. 5907 personally appeared LAWRENCE ALLAN NAME(S) OF SIGNER(B) 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 ac- knowledged to me that he /she /they executed the same in his /her /their authorized _7 capacity(ies), and that by his /her /their "• RICHARD Fi�+!'RIKIiJ l signature(s) on the instrument the person(s), COMM. ! +16654 or the entity upon behalf of which the NOTARY PUR! : { A ItORN+P J LOS SN_EL ES .C)UNTT ,. person(s) acted, executed the instrument. L— "i' n; 1 WITNESS my hand and official seal. eIONATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER($) OTHER THAN NAMED ABOVE 01993 NATIO.' .-NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 E PAGE 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1997 -1998 SLURRY SEAL PROGRAM CONTRACT NO. 3188 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 of receipt of Notice of Award to the successful bidder: • CONTRACT • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND • CERTIFICATE(S) OF INSURANCE • GENERAL LIABILITY INSURANCE ENDORSEMENT • AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT 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. 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. 0 0 PAGE 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1997 -1998 SLURRY SEAL PROGRAM CONTRACT NO, 3188 CONTRACT THIS AGREEMENT, entered into this 8th day of June. 1998, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Roy Allan Slurry Seal, Inc., hereinafter "Contractor," is made with reference to the following facts: A. WHEREAS, City has advertised for bids for the following described public work: 1997 -1998 SLURRY SEAL PROGRAM Project Description 3188 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. 3188, 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: • Ll PAGE 10 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 one hundred ninety three thousand two hundred sixty and no /100 Dollars ($193,260.00). 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 Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Marla Matlove (949) 644 -3322 6. LABOR CODE 3700 LIABILITY INSURANCE Contract, hereby certifies: CONTRACTOR Roy Allan Slurry Seal, Inc. 11922 Bloomfield Avenue Santa Fe Springs, CA 90670 (562) 864 -3363 Contractor, by executing this "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 0 PAGE 11 provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 7. INSURANCE (a) 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. (b) Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. 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. (c) 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. A. Minimum Scope of Insurance 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 1173) 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: $1,000,000.00 combined 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. 0 0 PAGE 12 2. Automobile Liability: $1,000,000.00 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. C. Deductibles and Self - insured Retentions 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; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. 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 and /or primary source of recovery 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 Contract. PAGE 13 2. Workers' Compensation and Employers Liability Coverage 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. 3. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded 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. F. Right to Stop Work for Non - Compliance City shall have the right to offer the 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. 8. RESPONSIBILITY FOR DAMAGES OR INJURY 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, or the work of any subcontractor or supplier selected by the Contractor. 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 to this U PAGE 14 Contract; (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 attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole or active 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 Contract, except to the extent provided for in "C" above. F. The rights and obligations set forth in this Article shall survive the termination of this Contract. 9. 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. 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 the day and year first written alb ATTEST: CITY CLERK have caused this contract to be executed CONTRACTOR Authorized Signature and Title 'CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT No. 5907 State of CALIFORNIA County of LOS ANGELES On e before me, RICHARD FNTRTKTN NOTARY PJTRT.Tr DATE NAME. TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC' personally appeared W. R. ALLAN 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 ac- knowledged to me that he /she /they executed the same in his /her /their authorized " capacity(ies), and that by his /her /their aNOTAKYft60u C_A I I signature(s) on the instrument the person(s), LosANGELEC;::; Or the entity upon behalf of which the w person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184 IDIl11m CERTIFICAW OF INSURANCE . 0DATE 6/(29/98 PRODUCER �• THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Argstrong /Robitaille Ins. Svc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE [ALTER 17501 E.17th St. #200/P 0 BOX 4147 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tustin, CA 92781 -4147 COMPANIES AFFORDING COVERAGE 714/481 -3204 * FAX: 714/832 -2417 - - - Contact: Elaina Monteir o APANY COM CNA Insurance Companies INSURED COMPANY ROY ALLAN SLURRY SEAL INC B 11922 Bloomfield Avenue Santa Fe Springs, CA 90670 COMPANY ` . ......... COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE 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. DO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MM /DD /YY) DATE(MM /DD /YY) • GENERAL LIABILITY 1029095583 07/01/98 07/01/99 GENERAL AGGREGATE __ $2, 000, 000_ X COMMERCIAL GENERAL LIABILITY PRODUCTS- COMPIOPAGG S1, 000, 0.00_ CLAIMSMADE X OCCUR PERSONAL& ADV INJUR_Y_$1, 000, 000_ OWNER'S & CONTRACTOR'S PROT EACHOCCURRENCE $1-'.000' 000 _X FIRE DAMAGE (Anyone /ire)_4 SO, 000 MED EXP(Any One person) $ 5 000 • LIABILITY 1029095597 07/01/98 07/01/99 _AUTOMOBILE COMBINED SINGLE LIMIT Sl, 000, 000 X ANYAUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) _ X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) X Drive Other Car "- -- PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $. ANYAUTO OTHER THAN AUTO ONLY: EACHACCIDENT $ AGGREGATE $ • EXCESSLIABILITY 1073359441 07/01/98 07/01/99 EACH OCCURRENCE $10, 000, OOO X UMBRELLAFORM AGGREGATE $10,000,000 OTHER THAN UMBRELLA FORM $ • WORKERS COMPENSATION AND 1073283736 07/01/98 07/01/99 STATUTORY LIMITS EMPLOYERS'LIABILITY EACHACCIDENT $1, 000, 000 THE PROPRIETOR/ X INCL DISEASE - POLICY LIMIT 1 000, 000 PARTNERSIEXECUTIVE OFFICERSARE: EXCL _ -- - -S- DISEASE EACH EMPLOYEE $1, 000, 000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS Certificate Holder is named Additional Insured per blanket additional insured endorsement attached to the policy. 10 Day NOC Non - payment. (See Attached Schedule.) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WI1LM %0j[/¢Q9fNXMAIL Public Works Dept. 30_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3300 Newport Blvd. aocxrsaT®ExaBrmtRxx2LOa BDSaxaLxacuaot�$aDBTwa� P. 0. Box 1768 PBiXN[ DfLCUERBElE�Y3eRYEX AUTHOR/ E E T TIV _ Newport Beach, CA 92658 -8915 ( ACORD25•S(3/93)1 oft #S51108/M51058 MM 0 ACORD CORPORATION 1993 DESIVIPTIONS (Continued from Oge 1.) Cesti ,fscate Holder shall read: City of Newport Beach, it officers, of5icials, employees, and volunteers. Coverage is primary & non- contribu- tory. Waiver of Subrogation applies for Workers Compensation. coverage and endorsement will be issued by the Company. 5110 G-1 7957-E CNA Policy 111029095583 7/1/98 to 7/1/99 - Roy Allan Slurry Seal, Inc. (Ed. 04197) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization (called additional insured) whom you are required to add as an additional insured on this policy under. 1. A written contract or agreement: or 2. An oral contract or agreement where a certificate of insurance showing that person or organization as an additional insured has been issued; but the written or oral contract or agreement must be: i- Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the 'bodily injury', 'property damage% 'personal injury' or 'advertising injury'. 3. The insurance provided to the additional insured is limited as follows: 1. That person or organization is only an additional insured with respect to liability arising out of: a. Your premises; b. 'Your work' for that additional insured; or G Ads or omissions of the additional insured in connection with the general supervision of 'your work'. Z. The Limits of Insurance applicable to the additional insured are those specified in the written contract or agreement or in the Declarations for this policy, whichever is less. These Limits bf Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations, 3- Except when required by contract or agreement the coverage provided to the additional insured by thit. endorsement does not apply to: a. 'Bodily injury' or 'property damage' occurring after. (1) All work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed; or (2) That portion of 'your work' out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. b. `Bodily injury- or'property damage' arising out of acts or omissions of the additional Insured other than in connection with the general supervision of 'your work'. 4. The insurance provided to the additional insured does not apply to 'bodily injury, 'property damage', 'personal injury", or 'advertising injury' arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services indudinc: a. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, design or specifications; and b. Supervisory, inspection, or engineering services. 5. Any coverage provided under this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a contra Specifically requires that this insurance primary. City of Newport Beach, its officers, officials, employees and volunteers are named as Additional Insureds, per this endorsement. Cov rage iMmary d non - contributory. Kent C. Fossum v Armstrong Robitai.11e Ins. Svs. 3- 17957 -E =A 01671 Page 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 1997 -1998 SLURRY SEAL PROGRAM CONTRACT NO. 3188 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: Page PR -1 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. 3188 in accord 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: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @ IPr, o,-v .J Dollars and LeceZ Cents Per Lump Sum 2. Lump Sum Traffic Control Dollars and Z.P co Cents Per Lump Sum 3. 2,100,000 S.F. Type I Slurry Seal Z e, r-0 @ , V-#"Dollars St X A%ok 4wu 4eri$- and 's5 - �•� `Cents Per Square Foot $ ID .ov $ 100 $ $ OQ7.00 # oG'L $ +re -V-As 130 Page PR -2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Painted Traffic Striping and Pavement Markings �6� @ lot jn,, T4 Pj-,e .kv Dollars and 7,e vy Cents $ '(,)5w, Cl() $ 10 5-G0,00 Lump Sum 5. Lump Sum Thermoplastic Traffic Striping and Pavement Markings Dollars and 2 2 rJ Cents $ Ag 00,vo $ 3g &SC)0,00 Lump Sum TOTAL PRICE IN WRITTEN WORDS Dollars and L P r Cents Bidder's N Bidder's Add Bidder's Telephone Number_ ( SG,I- S(04 —S- 63 $ 63 2Go ,,Go otal Price Contractor's License No. & Classification s? 2- ?9( G 3�- Date Authorized Signature & Title /, 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Pavement Coatings Company Post Office Box 1491 Cypress, California 90630 Gentlemen: (714) 644 -3005 July 6,1998 Thank you for your courtesy in submitting a bid for the 1997 -1998 Slurry Seal Program (Contract No. 3188) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. 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 similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach i • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Doug Martin Contracting Co., Inc. 220 East Foundation Avenue La Habra, California 90631 Gentlemen: (714) 644 -3005 July 6, 1998 Thank you for your courtesy in submitting a bid for the 1997 -1998 Slurry Seal Program (Contract No. 3188) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. 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 similiar nature. Enclosure Sincerely, Ord C�� .. /)'1 l✓a zz,' LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Damon Construction Co. 455 Carson Plaza Drive, Unit F Carson, California 90746 Gentlemen: (714) 644 -3005 July 6,1998 Thank you for your courtesy in submitting a bid for the Citywide ADA Curb Access Ramps (Contract No. 3197) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. 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 similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 0 • June 8,1998 CITY COUNCIL AGENDA ITEM NO. io TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT x1 1c,l7LU- SUBJECT: 1997 — 1998 SLURRY SEAL —AWARD OF CONTRACT f4a: aM-- -- RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3188 to Roy Allan Slurry Seal, Inc. for the total price of $193,260.00 and authorize the Mayor and City Clerk to execute the Contract. 3. . Establish an amount of $19,326.00 to cover the cost of materials testing and additional work. is DISCUSSION: At 11:00 a.m. on May 19, 1998, the City Clerk opened and read the following bids for this project: The low bidder is 5.2% higher than the Engineer's Estimate of $183,137.00. Roy Allan Slurry Seal, Inc. is located in Santa Fe Springs. A check with their experience references indicates that Roy Allan Slurry Seal, Inc. has successfully completed projects of a similar nature for other Southern California agencies. Their contractor's license is current and active. The areas to receive slurry seal are shown on the attached project location map, and include Cameo Shores and Highlands, Westcliff, Shorecliffs, Lido Isle, and the Finley Tract. In addition, several parking lots will receive slurry seal, including Balboa Library, Balboa Yacht Basin, Bonita Creek Park, Peninsula Park "B" Street Lot, and West Newport Community Center. Bidder Amount Bid Low Roy Allan Slurry Seal, Inc. $193,260.00 2 Doug Martin Contracting Co., Inc. 202,252.00 3 Pavement Coatings Co. 214,514.00 The low bidder is 5.2% higher than the Engineer's Estimate of $183,137.00. Roy Allan Slurry Seal, Inc. is located in Santa Fe Springs. A check with their experience references indicates that Roy Allan Slurry Seal, Inc. has successfully completed projects of a similar nature for other Southern California agencies. Their contractor's license is current and active. The areas to receive slurry seal are shown on the attached project location map, and include Cameo Shores and Highlands, Westcliff, Shorecliffs, Lido Isle, and the Finley Tract. In addition, several parking lots will receive slurry seal, including Balboa Library, Balboa Yacht Basin, Bonita Creek Park, Peninsula Park "B" Street Lot, and West Newport Community Center. 0 0 SUBJECT: 1997— 1998 SLURRY SEAL —AWARD OF CONTRACT NO. 3188 June 8, 1997 Page 2 This project represents the first annual pavement maintenance project recommended by the City's Pavement Management Program. Sufficient funds are available in Account No. 7013- C5100018 (Street, Alley, and Bikeway Slurry Program). submitted, PU LIC WORKS DEPARTMENT Do bb, Director By: Marla Matlove Doyle Senior Engineer Attachments: Project Location Map Bid Summary \\dp\sys\groups\pubworks \council \98\ une- 8lslurry.doc • • 0 1 i i 1997 '!Slurry Sf i Contrac r i r I r r T7 i ' rru i N O R T H • 0 1/2 1 m i I e Streets Cameo Dover Village Area Finley Tract Lido Isle Shorecliffs Parking Lots Balboa Library Balboa Yacht Basin Bonita Creek Park Peninsula Park "B" Street Lot West Newport Community Center �emmi....nw D o•rtm.�. M.. 1006 • r� U Z O Q Z� U LL 0u W F- co ma w 00 a w Y Z 0 O L O V � J U m IL m m <'W ¢ CO ZWZZ m F-hn2 U W F_ ? m W U H F-OZw H U W a a �raauoo d o� U N oui lri E 0 N N 0 w Z LL O O O O O �I ()Z o 0 o r n o n m ao m W m �n n In m CL U E h o 6 0 w n j Z i°n_ n o v00i_ m w 0 m m W o 0 o 0 Y C F- Z O O 0° O { W Q_ W 20 N m N O n O N U c �' Z om ❑ fA f9 �- M M d! Z O Q Z� U LL 0u W F- co ma w 00 a w Y Z 0 O L O V � J U m IL m m <'W ¢ CO ZWZZ m F-hn2 U W F_ ? m W U H F-OZw H U W a a �raauoo d o� U N oui lri E 0 N N Authorized to Publish Adsenisements of all kinds inLiGding public notices by Dccrec of the Superior Court of Orange County, CGiifo(nia. Number A -6214, September 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) am a Citizen of the United States and a resident of the County aforesaid; I am over the age of.eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City.of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: May 4, 14, 1998 11 declare, under penalty of perjury, that the oregoing is true and correct. Executed on May 14 , 199 8 at Costa Mesa, California. Signature INVITING BIDS salad bids may be re• ad at the office of the Clerk, 3390 Newport levard, P.O. Box 1768, rporl Beach. CA. 92658• i until 11:00 a.m. on 20th day of May, 1998, which time such bids I be opened and read 1997.1998 SLURRY LPROGRAM ntract No. 3188 9i neer's Estimate: 137.00 xoved by 1111 Patepolf, City En91-