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C-3220 - 1998-99 Slurry Seal Program
CITY OF NEWPORT BEACH October 21, 2002 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 American Asphalt 27601 Industrial Boulevard Hayward, CA 94545 Subject: 1998 -1999 Slurry Seal Program (C -3220) To Whom It May Concern: On January 11, 1999, the City Council of Newport Beach accepted the work of the subject project. The City Clerk was authorized to file the Notice of Completion and release the bonds 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code. We apologize for the delayed mailing. The Notice of Completion was recorded by the Orange County Recorder on February 1, 2001, Reference No. 19990072695. The Surety for the contract is Developers Insurance Company, and the bond number is 515746P. Enclosed are the bidders bond, the labor & materials payment bond and the faithful performance bond. Sincerely, 4d -X), wain, LaVonne M. Harkless, CMC /AAE City Clerk LH:lib cc: Public Works Department encls. 3300 Newport Boulevard, Newport Beach • PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1998 -1999 SLURRY SEAL PROGRAM CONTRACT NO. 3220 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 dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 1998 -1999 Slurry Seal Program, Contract No. 3220 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 day of , 19_ Name of Contractor (Principal) Name of Surety Address of Surety Telephone Authorized Signature/Tdle Authorized Agent Signature Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) • PAGE 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1998 -1999 SLURRY SEAL PROGRAM CONTRACT NO. 3220 BOND NO. 515746P PRL�IIUM: INCL. 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 American Asphalt hereinafter designated as the "Principal;" a contract for 1998 -1999 Slurry Seal Program, Contract No. 3220 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. 3220 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 Newport Beach, in the sum of eight hundred one thousand dollars ($801,000.00), 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 27TH day of AUGUST AMERICAN ASPHALT REPAIR & {J1 RESURFACING COMPANY, INC. EY: pilot /sru+w Name of Contractor (Principal) Authorized gnature�Title Sx&-jo i /(,,,h DEVELOPERS INSURANCE COMPANY Name of Surety 17780 FITCH STREET, SUITE 200 IRVINE. CA 92614 Address of Surety 800 - 782 -1546 Telephone JASON JENKINS ATTORNEY—IN—FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 0 California All Purpose Acknowledgment State of California County of San Mateo On JULY 27, 1998 before me, Katherine G. Zerounian, Notary Public Date Name & Title of Officer /Notary personally appeared Mark Roppo Names(s) of signers($) personally known to me, or proved to me on the basis of satisfactory evidence to be the person{$) whose names) is/eKe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/heNtheiF authorized capacity{ies, and that by hisfheOtheiF signature{$} on the instrument the person{+ , or the entity upon behalf of which the person{$} acted, executed the instrument. WITNESS my hand and official seal. KATHEPJNEG.ZEROUNIAN Agm commMon,ritaa279 b caaromfa t Sm Mateo comfy ►�yca,.n eaqaao, Notary u lic ^PT/ONAL (The information below is notrequired bylaw) Description of Attached Document Title /type of Document Date of Document Other Signer(s) h: W ace \surety \forma \notery.doc No. of Pages 0 0 California All Purpose Acknowledgment State of California County of San Mateo On August 28, 1998, before me, Karen M Brauer, Notary Public Date Name &. Title of Officer/Notary Personally appeared Steve Aguirre Names) of Signer(s) Personally known to me, or provided to me on the basis of satisfactory evidence to be the persort(s) whose names a;& subscribed to the within instrument and acknowledged to me thal:HD�skekbey executed the same ixC5D%o;Aheir authorized capacity (ies), and that b)QBA=ltheir signature( -} n the instrument the person(s ; or the entity upon behalf of which the person(.&) acted, executed the instrument. WITNESS my hand and official seal. Oi�MII��UIr Notary Public OPTION (The information below is not required by law) Description of Attached Document Title /type of Document: Date of Document: No. of Pages: Other Signer(s) 0 0 California All Purpose Acknowledgment State of California County of San Mateo On AUGUST 27. 1998 before me, Katherine G. Zerounian, Notary Public Date Name & Title of Officer/Notary personally appeared Jason Jenkins Names(s) of Signers(s) personally known to me, or proved to me on the basis of satisfactory evidence to be the persons) whose names) is/era subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/hegtheiF authorized capacityfie+, and that by hisfheq heiF signatures} on the instrument the person{-+, or the entity upon behalf of which the person fq acted, executed the instrument. WITNESS my hand and official seal. RIJHRINEG.z9tauNIAN conwrimlon # 1144279 z Son Mateo ourdyr1lG *0Xr1rnE193keSJLn29 2001 Notary Publi ^PT/ON41 (The information be %w is not required by low) Description of Attached Document Title /type of Document Date of Document Other Signer(s) hAdocs \surety \forme \notsry.doc No. of Pages 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT •�� •�• .• CONTRACT NO. 3220 BOND NO. 515746P FAITHFUL PERFORMANCE BOND PAGE 17 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO AOJUSTMENT BASED ON FINAL CONTRACT PRICE The premium charges on this Bond is $ 5,626.00 being at the rate of $9.40/7.20/6.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to American Asphalt, hereinafter designated as the "Principal ", a contract for 1998 -1999 Slurry Seal Program, Contract No. 3220 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. 3220 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and nFyET,oPFRs TNSuRANCr' comPANv , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of eight hundred one thousand dollars ($801,000.00), 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 6me 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 27TH day of AUGUST , 1998. AMERICAN ASPHALT REPAIR & .RESURFACING COMPANY, INC. Name of Contractor (Principal) DEVELOPERS INSURANCE COMPANY Name of Surety 17780 FITCH STREET, SUITE 200 IRVINE, CA 92614 Address of Surety 800 - 782 -1546 Telephone JASON JENKINS ATT0RNEY- )-1N4A T Print Name and Title T NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED • 0 California All Purpose Acknowledgment State of California County of San Mateo On August 28, 1998, before me, Karen M Brauer, Notary Public Date Name & Title of Officer/Notary Personally appeared Steve Aguirre Name(s) of Signer(s) Personally known to me, or provided to me on the basis of satisfactory evidence to be the person(-) whose name(s)Qfw subscribed to the within instrument and acknowledged to me tha et ek "y executed the same irC04wrAheir authorized capacity {i® and that bytJMAterAlteir signature(-,).on the instrument the person(s}, or the entity upon behalf of which the person(4acted, executed the instrument. WITNESS my hand and official seal. IWe11tt■AU6! OepnIM0103 Notary Public OPTIONAL (The information below is not required by law) Description of Attached Document Title /type of Document: Date of Document: Other Signer(s) of Pages: 0 0 California All Purpose Acknowledgment State of California County of San Mateo On AUGUST 27. 1998 before me, Katherine G. Zerounian, Notary Public Date Name & Title of Officer /Notary personally appeared Jason Jenkins Names(s) of Signers(s) personally known to me, or proved to me on the basis of satisfactory evidence to be the personfs) whose namefs) is /are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/heFAhgiF authorized capacityfi , and that by hisj#ey4h& signaturef4 on the instrument the person{&}; or the entity upon behalf of which the personfq acted, executed the instrument. WfINESS my hand and official seal. tWHHtINEG.ZEROUN1AN commLaion # 1144279 RZ z Notary PubIC- California San Mateo County MyComm.B#asJun29,20171 Cn Notary Pu is ^P77ONAi (The information belowis notrequired by law) Description of Attached Document Title /type of Document Date of Document Other Signer(s) h:\docs \surety \forma \notery.doc No. of Pages POWER OF ATTORNEY OF i _ _MNITY COMPANY OF CALIFORP AND DEVELOPERS INSURANCE COMPANY N� 0 3 9 8 10 P.O. BOX 19725, IRVINE, CA 92623 • (714) 263 -3300 NOTICE: 1. All power and far hority herein granted shut In any event terminate on the 31st day of March, 1999. 2. This Power of Attorney le void U altered or if any portion is erased. 3. This Power of Attorney is void anises the aeel Is readable, the text is In brown Ink, the Signatures "in blue ink and this notice is in due ink. 4. This Power of Attorney should not be returned to the Attomey(s) -fn -Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ** *Jason Jenkins, Mark Roppo, James B. Shea, Katherine G. Zerounian, jointly or severally * ** the true and lawful Attorney(s) -In -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Three Million Five Hundred Thousand Dollars (53,500.000) in any single undertaking; giving and granting unto said Attomey(s) -In -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attorneyls) -In -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporations be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations. bonds, undertakings and contracts of suretyship: and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 3rd day of February, 1997. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By We um'a'ilk- By - U Dart . Vincenti , Jr. Dart Vincenti, Jr. esident gN,PAN YQF resident ?5\NSUR44, ATTEST Y— OGTS V \.� Z*W B Y By iLr�ryYp r * + Wafter Crow Wafter Crowell Secretary Secretary STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE I On February 3, 1997, before me, Shane L. Bell, personalty appeared Dente F. Vincenti, Jr. and Walter Crowell, personalty known to me (or proved to me on the basis of satisfactory evitlence) to be the person(s) whose name(s) Were subscribed to the within instrument and acknowledged to me that hatsherthey executed the same in hisfharttheir authorized capacitylies), and that by hisfherviheir signatures), on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. SHOW L S&L Signature CERTIFICATE 1!ff The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remeirm in full force and has not been revoked; and funhermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth to the Power of Attorney, are in force a of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 27 THday of AUGUST , 1998 INDEMNITY COMPANY YOO/OFjCALIFORNIA / DEVELOPERS INSURANCE COMPANY R X. \ _ eI �a4gMPANY f' 4. \ . Y_p i OCL a BY la1R Y7 LC. Fbbiger � t %7 ° o L.C. Fleoigar Senior Vice President ,y9 Senior Vice President * 111,21111 acv nron POWER OF ATTORNEY OF I . _MNITY COMPANY OF CALIFORP AND DEVELOPERS INSURANCE COMPANY NO 0 3 9 7 7 0 P.O. BOX 19725, IRVINE, CA 92623 • (714) 263 -3300 NOTICE: 1. An power and authority herein granted "I In arty event terminate on the 31st day of March, 1999. 2. This Power of Attorney Is void If altered or If any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is In brown ink, the signatures are in bile ink and this notice is in blue ink. 4. This Power of Attorney should not be returned to the Attomey(s)•in -Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ** *Jason Jenkins, Mark Roppo, James B. Shea, Katherine G. Zerounian, jointly or severally * ** the true and lawful Attomey(s) -In -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, fonds, undertakings and contracts of suretyship in an amount not exceeding Three Million Five Hundred Thousand Dollars ($3,500,000) in any single undertaking; giving and granting unto said Attomey(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full Power of substitution and revocation; and all of the acts of said Attomey(s) -In -Fact, pursuant to these presents, are hereby ratified and confrned. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986; RESOLVED. that the Chairman of the Board, the President and any Vice President of the corporations be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by Nair respective Presidents and attested by their respective Secretaries this 3rd day of February, 1997. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By V By Dent . Vincenti, Jr. Dan t F. Vincenti, Jr. ident `gt1.PP NYCf resident CQSINSUR44,c ATTEST i — OCT s fir By w * ByYb wallet Crow T Wafter Crowell Secretary Secretary STATE OF CALIFORNIA I ) SS. COUNTY OF ORANGE ) On February 3, 1997, before me, Sherie L. Bell, personally appeared Dante F Vlncenti, Jr. and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/sha/they executed the same in hisAw/their authorized capacdy(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. 1e VwINf� Signature 1( '/f a p PWLC - ORANDE012111111Y M1 Qe�II1L b� Dm 1Z, 7000 CERTIFICATE The undersigned, as Senor Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY. does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore. that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California this 27 TH day of JULY 199 8 INDEMNITY COMPANY OF CALIFORNIA C � DEVELOPERS INSURANCE COMPANY X. L)� By ✓ . NC( • L.C. Fla fter lae7 L.C. Frebger tale Senior Vim President .y Senior Vice Pro~ V L BID BOND KNOW ALL BY THESE PRESENTS, That we, American Asphalt Repair & Resurfacing Company, Inc. of Hayward, California (hereinafter called the Principal), as Principal, and Developers Insurance Company (hereinafter called the Surety), as Surety are held and firmly bound unto City of Newport Beach (hereinafter called the Obligee) in the penal sum of 10 %of Bid Amount--------------------------------------- ------------------------------------------------------------- Dollars($ 10% of Bid Amount ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Newport Beach Slurry Seal 1998 -99 NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 27th day of July 1 1998 American Asphalt Repair & Resurfacing Company, Inc. (Seal) Principal Witness 4 Title Developers Insurance Company Witness { By A�AI �YD� Mark Roppo rittome -fin -: :Fact' S-00531GEEF 295 i C �. PLANS, SPECIFICATIONS, AND CONTRACT DOCUMENTS FOR 1998 -1999 SLURRY SEAL PROGRAM Contract No. 3220 City of Newport Beach Department of Public Works 3300 Newport Boulevard Newport Beach, CA 92658 -8915 (949) 644 -3311 CITY CLERK k (", CC 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1998 -1999 SLURRY SEAL PROGRAM CONTRACT NO. 3220 TABLE OF CONTENTS NOTICE INVITING BIDS .................................................................. ............................... 1 INSTRUCTIONS TO BIDDERS ...................................................... ............................... 2 BIDDER'S BOND .............................................................................. ..............................4 DESIGNATION OF SUBCONTRACTOR( S) .................................... ............................... 5 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............ ............................... 6 NON - COLLUSION AFFIDAVIT ........................................................ ............................... 7 NOTICE TO SUCCESSFUL BIDDER ............................................. ............................... 8 CONTRACT..................................................................................... ..............................9 LABOR AND MATERIALS BOND .................................................. ............................... 15 FAITHFUL PERFORMANCE BOND .............................................. ............................... 17 PROPOSAL............................................................................... ............................... PR -1 SPECIAL PROVISIONS ............................................................. ............................... SP -1 APPENDIX Project Location Map Stockpile /Staging Site Map Street Sweeping Schedule RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 0 `.i Fecoraeo 11-1 the county of orange, catlfornla Gary L. Gr.lnville, Clerk /Recorder IIBIIIIIIIIII�IIIIIIIII�IIiIli1119NIIIIIIIIEIIIII11111111 No Fee 005 17012302! 190990072695 3;20pm 02/01/99 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 xempt rom reco ing ees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and American Asphalt Repair and Resurfacing Co.. Inc. of Hayward. California, as Contractor, entered into a Contract on August 11. 1998. Said Contract set forth certain improvements, as follows: ..- P91-6,14-mm u OTO M1 1 Work on said Contract was completed on December 10. 1998, and was found to be acceptable on January 11. 1999, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Developers Insurance Corn anv. 1 BY ( I - Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on [ "�[C� I�`t `] at Newport Beach, California. BY City Clerk Au IT I� tv F 0 0 C35') • January 11, 1999 CITY COUNCIL AGE__NQA ITEM NO_ 2— 3= TO: Mayor and Members of the City Council JAN i 1 FROM: Public Works Department SUBJECT: COMPLETION AND ACCEPTANCE OF 1998 -99 SLURRY SEAL PRO( RAK APPROVE[ CONTRACT NO. 3220. C _ 3aao 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 August 10,1998, the City Council authorized the award of the 1998 -99 Slurry Seal Contract to American Asphalt Repair and Resurfacing Co., Inc. in Hayward, California. The contract provided for slurry sealing the airport area, Big Canyon Reservoir area, Corona Del Mar, Harbor View, Harbor View Hills South HOA, Seawind, Spyglass Hill, Broadmoor Hills, Harbor View Broadmoor, Harbor View Hills Community Association, Irvine Terrace, Mariners, Newport Hills, West Mariners and Eastbluff. 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: Actual amount of bid items constructed: Total amount of change orders: Final contract cost: $801,000.00 790,222.70 0.00 $790,222.70 The decrease in the amount of actual bid items constructed over the original bid amount resulted from a decrease of actual to bid item quantities as measured in the field. There were no change orders issued on this project. The final overall construction cost was 1.4% below the original bid amount. Funds for the project were budgeted in the State Gas Tax Fund and Measure M Fund as follows: Description Account Number Amount Citywide Slurry Program Gas Tax 7181- C5100462 440,000.00 Citywide Slurry Program Measure M 7281- C5100462 440,000.00 TOTAL $880.000.00 All work was completed by December 10, 1998, ahead of the scheduled completion date of December 17, 1998. Approximately 114 lane miles of street were slurried with this contract. Respectful ly sub It , PUBLIC WORKS DEPARTMENT Don Webb, Director • By %I/r /�� '4�w Horst Hlawaty Construction Engineer F: \Users\PBW \Shared \COUNCIL \FY98-99Wan- 11 \SlurrySeal C- 3220.doc r] RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 • 14 1 3 "Exempt rom recording ees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and American Asphalt Repair and Resurfacing Co.. Inc. of Hayward. California, as Contractor, entered into a Contract on August 11. 1998. Said Contract set forth certain improvements, as follows: 1998 -1999 Slurry Seal Program, C -3220. Work on said Contract was completed on December 10. 1998, and was found to be acceptable on .January 11. 1999, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Developers Insurance Companv. BY G111� Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on •LC oLl-a n,t t I 1 i at Newport Beach, California. BY 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 2:00 a.m. on the 30th day of July. 1998, at which time such bids shall be opened and read for 1998 -1999 SLURRY SEAL PROGRAM Contract No. 3220 $955.000.00 Engineer's Estimate Approved by AMlaftBWC�2 Bill Patapoff 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, call Maria Doyle, Project Manager at (949) 644 -3322. 0 0 PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1998 -1999 SLURRY SEAL PROGRAM CONTRACT NO. 3220 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. 0 PAGE 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. '4-31S11 C-32, + Contractor's License No. & Classification Go Imo. Authorized Signaturelritle JUG Date 0 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1998 -1999 SLURRY SEAL PROGRAM CONTRACT NO. 3220 DESIGNATION OF SUBCONTRACTOR(S) PAGE 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. 2. 3. 4. 5. 6. 7. 8. 9. Subcontract Work Subcontractor Address Oaa�t Co S7F_W1o, i- S72R/P6 ,06r OeAwC Authorized Signatureffitle 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1998 -1999 SLURRY SEAL PROGRAM CONTRACT NO. 3220 TECHNICAL ABILITY AND EXPERIENCE REFERENCES PAGE 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 /Agency Person Telephone To Contact Number l J*7 8 G 7Y OF SAS bi c-7 o A" b t-LAt 4--F— G r9 - s 2"2-j NC 3 1'79 0-1-Y OP PAL, ,., SrarGS T&m tAA- r-�2,6-o47- Am L-Yzr e f-iv /�SP y- G-- a . ==� Bidder Authorized SignatureTtle 0 0 PAGE7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1998 -1999 SLURRY SEAL PROGRAM State of California ) ) ss. County of ©f2AA* t 1 CONTRACT NO. 3220 NON - COLLUSION AFFIDAVIT being first duly, swom, deposes and says that he or she is PRcslDC -rVT— of A—iva tc +N f{SOr+suT the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Bidder Authorized Signatu Tt e Sub be nd sworn to before this day of l� Notary Public My Commission gAUDE t. ROWE carmryW r 1114" OaV Wr+r _ •oc+2s.2WD V 0 0 PAGER CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1998 -1999 SLURRY SEAL PROGRAM CONTRACT NO. 3220 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 1998 -1999 SLURRY SEAL PROGRAM CONTRACT NO. 3220 CONTRACT THIS AGREEMENT, entered into this 11th day of August, 1998, by and between the CITY OF NEWPORT BEACH, hereinafter "City;' and American Asphalt, hereinafter "Contractor," is made with reference to the following facts: A. WHEREAS, City has advertised for bids for the following described public work: 1998 -1999 SLURRY SEAL PROGRAM Project Description 3220 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. 3220, 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: 0 0 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 eight hundred and one thousand dollars ($801,000.00). 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 Doyle (949) 644 -3322 6. LABOR CODE 3700 LIABILITY INSURANCE Contract, hereby certifies: American Asphalt 27061 Industrial Blvd. Hayward, CA 94545 (510) 723 -0280 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 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 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: $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. 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. LI • 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 0 0 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 parties hereto have caused this contract to be executed the day and year first written above. � CITY CLERK ff,1111rJ Fail . a CONTRACTOR By: LO Authoriz6d Signature and Title jTG ✓C i�. IV iI` /C /�C::.fCiLr� /G!2) AMF.R T AGPW ACOR& CERTIFICAM OF INSURANCE D"TE (MMMDNY) 08/26/98 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Construction Unit ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ALBURGER BASSO de GROSZ INS. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 301 Island Parkway, Suite 300 COMPANIES AFFORDING COVERAGE Belmont, CA 94002 -4110 _ COMPANY ATranscontinental Insurance Company_ INSURED American Asphalt Repair & COMPANY BUnigard Insurance Company jl Resurfacing Company, Inc. P.Q. Box 3367 COMPANY GFireman's Fund_Insurance �? Y. Hayward, CA 94540 - DPaula Insurance Company COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 10 THE INSURED NAMED ABOVE FOR I HE 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. L T R ' TYPE OF INSURANCE POUCV NUMBER O POLICY EFFECTIVE j POLICY EXPIRATN I OMITS DATE(MMIDDIYV) DATE(MMIDDM') A LGFNERALuABIu7Y C123-Y76304 ;01/01/98 -01/01/99 GENERAL_ AGGREGATE s2,000,000 •PRODUCTS-COMP /OP AGG s2,000,000 OM_MERCIAL GENERAL LIABILITY fX— ';C— I_ CLAIMS MADE ��OCCUR PERSONAL S ADV INJURY 31,000,000 EACH OCCURRENCE sl 0 0 0 000 OWNER'S 8 CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) s50, O O O MED EXP (Any ore pmon) $5 000 B AUTOMOBILE UABIUTY BA614030 01/01/98 01/01/99 X ANY AUTO COMBINED SINGLE LIMIT $I , 0 0 0, 0 0 0 ALL OWNED AUTOS BODILY INJURY s SCHEDULED AUTOS (Per ere Pon) X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per ecclda ^0 s PROPERTY DAMAGE is ...1 - - - -- GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S _ ANY AUTO OTHER THAN AUTO ONLY _ EACH ACCIDENT S AGGREGATE S C EXCESS UABILITY XEK83255323 01/01/98 !01/01/99 EACH OCCURRENCE $l 000,000 AGGREGATE $1,000,000 1, - -1 UMBRELLA FORM $ OTHER THAN UMBRELLA FORM D WORKERS COMPENSATION AND PWC5015211 01/01/98 01/01/99 X I STATUTORY LIMITS EMPLOYERS' LIABILITY EACH ACCIDENT 51 000 000 THE PROPRIETOR/ X INCL PARTNERSIEXECUTIVE DISEAS $1,000,000 DISEASE -EACH EMPLOYEE $1 000 000 OFFICERS ARE EXCL OTHER DESCRIPTION OF OPERATONSILOCATRINSNEHICLESISPECIAL ITEMS Contract #3220, 1998 Slurry Seal Program. City of Newport Beach, Public Works Department is named as additional insured as respects general liability per endorsement attached. CERTIFICATE HOLDER - CANCELLATION Teri -Day NOtice for N6riwP.dymen SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 0W0Md4X4M IXmal1 Public Works Department 3r) DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P. 0. Box 1768 �uaexuc�cmn&B�s�¢x xx Newport Beach, CA 92658 -8915 TffxugcxeBm AUTHqBjZED REPRESENTATIVE ACORD Z" (3193 )l of 1 #S112819IM101308 . - AME ASPH: .':... 5..;'::,. ®ACDRO CORPORATION 1893. G- 17957 -E (Ed. 04/97) CNA • • for All the Commitments You Make G- 17957 -E (Ed. 04/97) POLICY NUMBER: 012 3 776 3 04 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 A. WHO IS AN INSURED (Section II) is amended to a. "Bodily injury" or "property damage" occurring include as an insured any person or organization after: (called additional insured) whom you are required to add as an additional insured on this policy under: (1) All work the project (other than service, maintenance or repairs) to be performed by 1. A written contract or agreement; or or on behalf of the additional insured at the 2. An oral contract or agreement where a site of the covered operations has been certificate of insurance showing that person or completed; or organization as an additional insured has been (2) That portion of "your work" out of which the issued; but injury or damage arises has been put to its the written or oral contract or agreement must be: intended use by any person or organization other than another contractor or 1. Currently in effect or becoming effective during subcontractor engaged in performing the term of this policy; and operations for a principal as part of the 2. Executed prior to the "bodily injury", "property same project. damage ", "personal injury" or "advertising b. "Bodily injury" or "property damage' arising out of injury". acts or omissions of the additional insured B. The insurance provided to the additional insured is other than in connection with the general limited as follows: supervision of "your work". 1. That person or organization is only an 4. The insurance provided to the additional insured "bodily "property ", additional insured with respect to liability arising does not apply to injury", damage "personal "advertising out of: injury", or injury" arising out of an architect's, engineer's, or surveyor's rendering a. Your premises; of or failure to render any professional services b. "Your work" for that additional insured; or including: c. Acts or omissions of the additional insured a. The preparing, approving, or failing to prepare in connection with the general supervision or approve maps, drawings, opinions, reports, of "your work". surveys, change orders, design or specifications; and 2. The Limits of Insurance applicable to the Supervisory, b. Su P ry, inspection, or engineering additional insured are those specified in the written contract or agreement or in the services. Declarations for this policy, whichever is less. 5. Any coverage provided under this endorsement to These Limits of Insurance are inclusive and not an additional insured shall be excess over any in addition to the Limits of Insurance shown in other valid and collectible insurance available to the Declarations. the additional insured whether primary, excess, 3. Except when required by contract or agreement, contingent or on any other basis unless a contract the coverage provided to the additional insured specifically requires that this insurance be primary. by this endorsement does not apply to: G- 17957 -E (Ed. 04/97) Page PR -1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 1998 -1999 SLURRY SEAL PROGRAM CONTRACT NO. 3220 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3220 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 @ &L& 74LVy J Dollars and Na Cents $ ,5000, $ 'T'Oon. Per Lump Sum 2. Lump Sum Traffic Control @ F /✓e 771QdSA'�i Dollars and Afo Cents $ C5 0010 $ (5-000.0 Per Lump Sum 3. 10,000,000 S.F. Type I Slurry Seal @ No Dollars and -POrNT 2wto 3/)C DNG Cents Per Square Foot $ 0.06 $ 670, 000.00 a • Page PR -2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 1,000,000 S.F. Type II Slurry Seal @ N O Dollars and f 01,VT Zt;vw —ev X ON E Cents Per Square Foot 5. Lump Sum Painted Traffic Striping and Pavement Markings and Raised Pavement Markers D @ rrwr-j St C ✓ W1 Dollars and NO Cents Lump Sum 6. Lump Sum Thermoplastic Traffic Striping and Pavement Markings Q%4_1 @9y.�rf VAU- - Dollars and PC) Cents Lump Sum TOTAL PRICE IN WRITTEN WORDS (fI6<1 T ANbe m Ofie" 7Potasw,b Dollars and /vC7 Cents Bidder's $ D.OG/ $ 466ee,0 O $ q7 15 $ y�,,OoO,00 $ 23, COP. 00 $ 0'3� OD,Oa $ $ol/ COO , 0 n Total Price Bidder's Address—A-240 t /A)2!>u97*IAL- . 4yb &✓wk2D (�A 9`fSN.S- Bidder's Telephone Number _S7O • 723 -O2-eO Contractor's License No. & N)U L.f 3 0/ c44 - Date d-,— o. -C/ —o Authorized Signature & Title August 10,1998 CITY COUNCIL AGENDA ITEM NO. 6 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: 1998 —1999 SLURRY SEAL —AWARD OF CONTRACT NO. 3220 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3220 to American Asphalt Repair and Resurfacing Co., Inc. for the total price of $801,000.00 and authorize the Mayor and City Clerk to execute the Contract. 3. Establish an amount of $79,000.00 to cover the cost of materials testing and additional work. DISCUSSION: At 2:00 p.m. on July 30, 1998, the City Clerk opened and read the following bids for this project: The low bidder is 16.13% lower than the Engineers Estimate of $955,000.00. American Asphalt Repair and Resurfacing Co., Inc., is located in Hayward, CA. A check with their experience references indicates that American Asphalt Repair and Resurfacing Co., Inc., has successfully completed projects of a similar nature for other Southern California agencies. In addition, their contractors license is current and active. Bidder Amount Bid Low American Asphalt $801,000.00 2 Valley Slurry Seal 817,400.00 3 Pavement Coatings Co. 822,419.00 4 California Pavement 855,363.66 5 Roy Allen Slurry Seal 875,363.95 6 Doug Martin 1,004,486.00 The low bidder is 16.13% lower than the Engineers Estimate of $955,000.00. American Asphalt Repair and Resurfacing Co., Inc., is located in Hayward, CA. A check with their experience references indicates that American Asphalt Repair and Resurfacing Co., Inc., has successfully completed projects of a similar nature for other Southern California agencies. In addition, their contractors license is current and active. • 0 SUBJECT: 1998 — 1999 SLURRY SEAL — AWARD OF CONTRACT NO. 3220 August 10, 1998 Page 2 The areas to receive slurry seal are shown on the attached project location map, and include the airport area, Big Canyon Reservoir area, Corona del Mar, Harbor View, Harbor View Hills South HOA, Seawind, Spyglass Hill, Broadmoor Hills, Harbor View Broadmoor, Harbor View Hills Community Association, Irvine Terrace, Mariners, Newport Hills, West Mariners and Eastbluff. This project represents the second annual pavement maintenance project recommended by the City's five year Pavement Management Program. Sufficient funds for the project are available as follows: Account Title Account Number Amount Citywide Slurry Program 7181- C5100462 $500,000.00 Citywide Slurry Program 7281- C5100462 500,000.00 TOTAL 1,000,000.00 Respectfully ct�,2 , , t PUBLIC WORKS DEPARTMENT Don Webb, Director By: Horst Hlawaty Construction Engineer Attachments: Project Location Map Bid Summary t:\grou ps \pubworks \cou nci1\fy98.99\aug u st- 10\slu rry.doc 0 0 D LL 0 WI U Q a H =Z U W Q W � m Q 0. LU 00 IL cn zjr 0 LL 3 ou J U m a 0 m z 0 F- U 0 odi m� 0 in p W W Z 2& m 0 M r E 0 y a m 0 N N US E i N N 6 IL 5 A d y WIF w U W m W z W � Z o o �Ozof H U w a 0 --ml Ll E J h a_ 0 N N N V J N 6 \D 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Pavement Coatings Co. Post Office Box 1491 Cypress, California 90630 Gentlemen: (714) 644 -3005 August 12,1998 Thank you for your courtesy in submitting a bid for the 1998 -1999 Slurry Seal Program (Contract No. 3220) 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 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Doug Martin Contracting Company 220 East Foundation Avenue La Habra, California 90631 Gentlemen: (714) 6443005 August 12,1998 Thank you for your courtesy in submitting a bid for the 1998 -1999 Slurry Seal Program (Contract No. 3220) 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 `A CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Roy Allan Slurry Seal, Inc. 11922 Bloomfield Avenue Santa Fe Springs, California 90670 Gentlemen: (714) 6443005 August 12,1998 Thank you for your courtesy in submitting a bid for the 1998 -1999 Slurry Seal Program (Contract No. 3220) 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, J' LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Valley Slurry Seal Company :1050 Beacon Boulevard, Suite 205 West Sacramento, California 95691 Gentlemen: (714) 644 -3005 August 12, 1998 '['hank you for your courtesy in submitting a bid for the 1998 -1999 Slurry Seal Program (Contract No. 3220) 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 Dope that you will accept future opportunities to bid on projects of a similiar nature. linclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach aEW Pp�,r CgLr Fp RN�P L] 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 August 12,1998 California Pavement Maintenance Company, Inc. 9390 Elder Creek Road Sacramento, California 95829 Gentlemen: Thank you for your courtesy in submitting a bid for the 1998 -1999 Slurry Seal Program (Contract No. 3220) 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, . i f LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach