HomeMy WebLinkAboutC-3351 - 2000-2001 City Wide Slurry SealC*Y OF NEWPORAEACH
February 27, 2002
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
(949) 644 -3W5
California Pavement Maintenance Co., Inc.
9390 Elder Creek Road
Sacramento, CA 95829
Subject: 2000 -2001 City-Wide Slurry Seal Project (C -3351)
To Whom It May Concern:
On February 27, 2001, the City Council of Newport Beach accepted the work of
the subject project and authorized the City Clerk to file a Notice of Completion,
to release the Labor & Materials Bond 35 days after the Notice of Completion had
been recorded in accordance with applicable portions of the Civil Code and to
release the Faithful Performance Bond one year after Council acceptance.
The Labor & Materials Bond was released on April 6, 2001. The Surety for the
contract is Travelers Casualty and Surety Company of America, and the bond
number is 005 SB 103324619 BCM. Enclosed is the Faithful Performance Bond.
Sincerely,
�(fa� h7 . �✓ct;r�e�
LaVonne M. Harkless, CMC /AAE
City Clerk
LH:lib
cc: Public Works Department
Lois Thompson, Administrative Coordinator
enclosure
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
2000 -2001 CITY -WIDE SLURRY SEAL
CONTRACT NO. 3351
BOND NO_ 005 SB 103324619 BCM
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 1,505.00 ------------------- ----
being at the rate of $ 4.50------------------- - - - - -- thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to California Pavement Maintenance Company, Inc., hereinafter designated
as the "Principal ", a contract for construction of 2000 -2001 CITY -WIDE SLURRY SEAL, Contract
No. 3351 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. 3351 and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the Principal, and
TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA , duly authorized to transact business under the laws of the State of
Califomia as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport
Beach, in the sum of three hundred thirty four thousand, three hundred forty and
no /100 Dollars ($334,340.00) 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 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.
PAGE 17
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 one year following the date of formal acceptance of the Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed that the
death of any such Principal shall not exonerate the Surety from its obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on the 1st day of AUGUST , 2000.
CALIFORNIA PAVEMENT MAINTENANCE
COMPANY, INC.
Name of Contractor (Principal)
11►► 1 SURETY
Jul' : \�' • A :131 ( N;
Name of Surety
Address of Surety
2882 PROSPECT PARK DRIVE 11300
RANCHO CORDOVA, CALIFORNIA 95670
Telephone 916 638 8300
Autho ' ed Signatureftitl
Tina B. Feeney, Corporate Secretary
v w -�
Aut ized Agent Signature
J eph H. Weber, Attorney -In -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
f:\users\pbW¢hared\contracts \fy 00 -01\2000 -2001 city -wide slurry seal o-3351\contract 3351.doc
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT•
State of California
SS.
County of Sacramento
On August 4.2000 before me, Patricia E. Robinett. Notary Public
Date Name and Title of Officer (e.g., -Jane Doe, Notary Public)
personally appeared Tina B. Feeney
Name(s) of Signer(s)
PATRICIA E. ROBINETT
L COMM. #1257083 m
J 2 —ei; ; Notary Public- California
SACRAMENTO COUNTY
.• My Comm, Exp. Mar. 17, 2004
Opersonally known to me
❑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/shetthey executed the same in his/herttheir
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.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Performance Bond
Document Date: August 1. 2000 of Pages: 2
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signers Name: Tina B. Feeney
❑ Individual
0 Corporate Officer Title(s): Secretary
• Partner — ❑ Limited ❑ General
• Attorney in Fad
❑ Trustee
• Guardian or Conservator
• Other.
Signer Is Representing: California Pavement Maintenance Company, Inc. dba CPM West
State of
County of
L- PURPOSE &
CALIFORNIA
SACRAMENTO
0)
On AUGUST 1, 2000 before me, M.E.A. McLaughlin Notary Public
DATE NAME, TM E OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC'
personally appeared Joseph H. Weber
NAMES) OF SIGNER(S)
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the persons* whose name(* is/snet
subscribed to the within instrument and ac-
knowledged to me that he /sbv&hzy executed
the same in his /6P&AWW authorized
capacity(km), and that by his/hRxAtbmdv
signatureo on the instrument the person%),
M.EAMCUIUGHLIN or the entity upon behalf of which the
s COA""'' "1241007 m person( #) acted, executed the instrument.
y Notary Pudic- Calftomla U!
W SACRA4ENT0 COUNTY -+
WITNESS Smy hand and official seal.
. UI
SIGNATURE oopp'POTARV
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
TME(s)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIANICONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PE SONS) OR ENmY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
TASUALTY AND SURETY COMPANY O RICA
PELERS CASUALTY AND SURETY COMP
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183 -9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: David K Murphy, James R. Coats, John E. Murphy, Joseph H. Weber, Mary E.A.
McLaughlin, of Sacramento, California, their true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred
to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there
designated
the following instrument(s): by his/her sole signature and act, any and all bonds, recognirances, contracts of indemnity, and other
writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto
and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers
of the Companies, and all the acts of said Attorney(s)-in -Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which
Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
Power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate hearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
April 6, 2001
• •
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
California Pavement Maintenance Co., Inc.
9390 Elder Creek Road
Sacramento, CA 95829
Subject: 2000 -2001 City-Wide Slurry Seal Project (C -3351)
To Whom It May Concern:
On February 27, 2001, the City Council of Newport Beach accepted the work of
the subject project and authorized the City Clerk to file a Notice of Completion,
to release the Labor & Materials Bond 35 days after the Notice of Completion had
been recorded in accordance with applicable portions of the Civil Code and to
release the Faithful Performance Bond one year after Council acceptance.
The Notice of Completion was recorded by the Orange County Recorder on
March 2, 2001, Reference No. 20010118069. The Surety for the contract is
Travelers Casualty and Surety Company of America, and the bond number is
005 SB 103324619 BCM. Enclosed is the Labor & Materials Payment Bond.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
LH:cf
cc: Public Works Department
R. Gunther, P.E., Construction Engineer
encls.
3300 Newport Boulevard, Newport Beach
9 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
2000 -2001 CITY -WIDE SLURRY SEAL
CONTRACT NO. 3351
BOND NO. 005 SB 103324619 BCM
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to California Pavement Maintenance Company, Inc., hereinafter
designated as the "Principal," a contract for construction of 2000 -2001 CITY -WIDE SLURRY
SEAL, Contract No. 3351 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. 3351 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,
TRAVELERS A A .TY AND SURETY COMPANY OF AMERICA 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 three hundred thirty four
thousand, three hundred forty and no/100 Dollars ($334,340.00) 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.
• •
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 1st day of AUGUST 2000.
CALIFORNIA PAVEMENT *MAINTENANCE
rnr+reTSV Tur.
Name of Contractor (Principal)
TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA
Name of Surety
Address of Surety
2882 PROSPECT PARK DRIVE #300
RANCHO CORDOVA, CALIFORNIA 95670
Telephone
916 383 2222
Autho ze gnature/Title
Tina B. Feeney, Corporate Secretary
Aut ized Agent Signature
Joseph H. Weber, Attorney -In -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
SS.
County of Sacramento
On August 4.2000 before me, Patricia E. Robinett. Notary Public
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public')
personally appeared Tina B. Feeney
Names) of Signer(s)
PATRICIA E. ROBINETT
COMM. #1257083 m
Z! ad Notary Public- California
SACRAMENTO COUNTY
My Comm. Exp. Mar, 17, 2004 If
Elpersonally known to me
❑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 histher/their
authorized capacity(ies), and that by histherltheir
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.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Labor and Material Bond
Document Date: August 1. 2000 of Pages: 2
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: Tina B. Feeney
❑ individual
* Corporate Officer —Title(s): Secretary
❑ Partner — ❑ Limited ❑ General
• Attorney in Fact
• Trustee
• Guardian or Conservator
• Other.
Signer Is Representing: California Pavement Maintenance Company. Inc. dba CPM West
IFORNIA ALL - PURPOSE A
State of CALIFORNIA
County of SACRAMENTO
On AUGUST 1, 2000
DATE
before me, M.E.A. McLaughlin Notary Public
NAME. TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC'
personally appeared Joseph H. Weber
NAME(S) OF SIGNERS)
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(ly whose name(* is/om
subscribed to the within instrument and ac-
knowledged to me that he /shy executed
the same in his/Kb4)qWW authorized
capacity(tem), and that by his /ttsimt
signatureo on the instrument the person@),
M.EAMCIsa,crfuN or the entity upon behalf of which the
person( #) acted, executed the instrument.
awry
U WWWW4 S14CRNAENTO (`,WN1Y
My CmurL Exo. N0 . ?9, zoos WITNESS my hand and official seal.
Elz�� AL
SIGNATURE 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
TIm.E(SI
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(8) OR ENTITY"
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
TRAVELER ASUALTY AND SURETY COMPANY OF 0 RICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183 -9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: David K Murphy, James R. Coats, John E. Murphy, Joseph H. Weber, Mary E,A.
McLaughlin, of Sacramento, California, their tare and lawful Attomey(s) -in -Fact, with full power and authority hereby conferred
to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there
designated
the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other
writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto
and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers
of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recogwances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which
Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
!R -o7)
•
RECORlNUlCaPED BY AND
WHEN RECORDED RETURN TO:
City Clem MAR " ":34
City of Newport Beach
3 10
Newp�P�Ri
0
Recorded in Official Records, County of Orange
Gary Granville, Clerk- Recorder
1111111111111111111111111111111111111111111 NO FEE
2001011806910:32am 031001
115 3 N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
"Exempt rom recording fees
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 California Pavement Maintenance
Company, Inc. of Sacramento, California, as Contractor, entered into a Contract on
July 25, 2000. Said Contract set forth certain improvements, as follows:
2000 -2001 City -Wide Slurry Seal,
C -3351
Work on said Contract was completed on January 31, 2001, and was found to be
acceptable on February 27, 2001, by the City Council. Title to said property is vested in
the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of
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 M t "'X/ / ,, -5� CO / , at Newport Beach, California.
BY0(�PhLV -)) %� ✓lr/c�C'��
City Clerk
1.� ?
•
TO: Mayor and Members of the City Council
FROM: Public Works Department
(38)
C -3351
February 27, 2001
CITY COUNCIL AGENDA
ITEM NO. 7
i
FEB 2 7 6
SUBJECT: 2000 -2001 CITYWIDE SLURRY SEAL, CONTRACT NO 3351 -__ .. --.�
COMPLETION AND ACCEPTANCE APPROVED
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of Completion.
3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the
Notice of Completion has been recorded in accordance with applicable portions of
the Civil Code.
4. Release the Faithful Performance Bond 1 year after Council acceptance.
DISCUSSION:
On July 25, 2000, the City Council authorized the award of the 2000 -2001 Citywide
Slurry Seal Project contract to California Pavement Maintenance Company, Inc., of
Sacramento, California. The contract provided for streets to be slurry sealed in areas
which included portions of the "Airport" area, Corona del Mar, Newport Center, Newport
Heights, Eastbluff, Bayside Drive, Irvine Avenue, and University Drive. 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: $334,340.00
Actual amount of bid items constructed: 339,970.45
Total amount of change orders: 12,575.60
Final contract cost: $352,546.05
The increase in the amount of actual bid items constructed over the original bid amount
resulted from the need for additional Type II slurry exceeding the bid quantity for that
item. One change order was issued for the project which provided slurry and striping
for Marguerite Avenue from Fifth Avenue to Harbor View Drive in Corona del Mar. The
final overall construction cost including the change order was 5.45 percent over the
original bid amount.
0 0
SUBJECT: 2000 -2001 Citywide Slurry Seal, Contract No. 3351 - Complebon And Acceptance
February 27, 2001
Page 2
Funds for the project were expended in the following accounts:
Description
Account No.
Amount
Citywide Slurry Seal Program
7281- C5100462
$335,206.05
General Fund — Street and Parking Lot Striping
7013- C5100019
$ 17,340.00
The original scheduled completion date for this project was November 20, 2000. Due
to corrective work required of the contractor, the completion date was extended to
January 31, 2001. All work was completed by the revised completion date.
Respectfully submitted,
4",
PU LIC WORKS DEPARTMENT
Don Webb, Director
R. Gunther, P.E.
Construction Engineer
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
"Exempt from recording lees
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 California Pavement Maintenance
Company, Inc. of Sacramento, California, as Contractor, entered into a Contract on
July 25, 2000. Said Contract set forth certain improvements, as follows:
2000 -2001 City -Wide Slurry Seal,
C -3351
Work on said Contract was completed on January 31, 2001, and was found to be
acceptable on February 27, 2001, by the City Council. Title to said property is vested in
the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
M D/
Executed on %�%yr,L // �d 00 / at Newport Beach, California.
BY (%r ,� , '4
City Clerk OF *,
A
0
• CITY CLERK
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 12th day of July, 2000,
at which time such bids shall be opened and read for
2000 -2001 CITY -WIDE SLURRY SEAL PROJECT
Title of Project
Contract No. 3351
$350,000
Engineer's Estimate
Apprd by
ove
Don Webb
Public Works Director
Prospective bidders may obtain one set of bid documents at no cost
at the office of the Public Works Department, 3300 Newport
Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915.
Required Contractor License Classification: "A" or "C -12"
For further information, call Robert Stein, Project Manager at (949) 644- 3311.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
2000 -2001 CITY -WIDE SLURRY SEAL
CONTRACT NO. 3351
TABLE OF CONTENTS
NOTICE INVITING BIDS .......................................................... ............................... Cover
INSTRUCTIONS TO BIDDERS ........................................................ ..............................1
BIDDER'S BOND ............................................................................... ..............................3
DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................4
TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................5
NON - COLLUSION AFFIDAVIT .......................................................... ..............................6
NOTICE TO SUCCESSFUL BIDDER ............................................... ..............................7
CONTRACT...................................................................................... ..............................8
LABOR AND MATERIALS BOND .................................................... .............................14
FAITHFUL PERFORMANCE BOND ................................................ .............................16
PROPOSAL................................................................................ ............................... PR -1
SPECIALPROVISIONS ............................................................. ................ ............... SP -1
Page 1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
2000 -2001 CITY -WIDE SLURRY SEAL
CONTRACT NO. 3351
INSTRUCTIONS TO BIDDERS
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 percent of the total bid price)
may be received in lieu of the BIDDER'S BOND. The title of the project and the words
"Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents.
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 0
Page 2
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.
.?D-2q5-/q #- G- 01
Contractor's License No. & Classifica� tion —
CALWORNK PAVIU M
IAAINTENAMX COMNr, W:
er
uthorized Sign e/Title
D
Page 3
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CONTRACT NO. 3351
:.. ; : •
We, the undersigned Principal and Surely, 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 (10 %) OF THE AMOUNT BID----------- -
--------------------- Dollars ($ 1o7 --------- ), to be paid and forfeited to the City
of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2000-
2001 CITY -WIDE SLURRY SEAL, Contract No. 3351 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 10th day of JULY , 2000.
CALIFORNIA PAVEMENT MAINTENANCE
COMPANY, TNC
Name of Contractor (Principal)
CDMPANYROF WRICA AND SURETY
Name of Surety
2882PROSPECT PARK DRIVE #300
RANCHO CORTMAd CAIIFEORNIA 95670
Address of Surety
(916) 683 8300
Telephone
--� ��.
Authoriz Signature /ritle Tina B. Feeney
orporate Secretary
Authorized Agent Sign ure
David K Murphy Artnrnav- Tn —F,,r
Print Name and Title
(Notary acknowledgment of Principal ti Surety must be attached)
AI
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
SS.
County of Sacramento
On July 10, 2000 before me, Patricia E. Robinett. Notary Public
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public')
personally appeared Tina B. Feeney
Name(s) of Signer(s)
PATRIC[A E. ROBINETT
a .' COMM. #1257083 �
m : .; Notary Public- California �
a � SACRAMENTO COUNTY '�
a My Comm. t3cp. Mar.17, 2004
Opersonally known to me
❑proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) Ware subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in hill ttheir
authorized capacity(ies), and that by histherftheir
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.
OPTIONAL
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Payment Bond
Document Date: July 10. 2000 of Pages: 1
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
I?1 Corporate Officer — Title(s): —
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fad
• Trustee
• Guardian or Conservator
• Other.
Signer Is Representing: California Pavement Maintenance Comoany. Inc. dba CPM West
State of CALIFORNIA
County of SACRAMENTO
On
JULY 10, 2000
DATE
before me, M.E.A. McLaughlin - Notary Public
NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC'
personally appeared David K. Murphy
NAME(S) OF SIGNER(S)
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(g) whose name(" istAm
subscribed to the within instrument and ac-
knowledged to me that he/ hIW executed
the same in his/ftwMWW authorized
capacity(1'i ), and that by hisRPdWXt MW
signatureM on the instrument the person(1§),
or the entity upon behalf of which the
person(&) acted, executed the instrument.
M. E A. MCLAUGHUN
S COMM41241007
m NotwyPubl"alHomla w WITNESS my hand and official seal.
w WJtA EN1O CWM
My Comm Ew Nw. 29 2003
SIGNATURE F ARY
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
TTrLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENT16
NAME OF PERSON(S) OR ENTI Y(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
TRAVELE &ASUALTY AND SURETY COMPANY OF *RICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183 -9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN -FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: David K Murphy, James R. Coats, John E. Murphy, Joseph H Weber, Mary E.A.
McLaughlin, of Sacramento, California, their true and lawful Attorney (s) -in -Fact, with full power and authority hereby conferred
to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there
designated
the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other
writings obligatory in the nature of a bond, recognizance, or conditional undertaking and arty and all consents incident thereto
and to bind the Companies, thereby as fully and to the same eztent as if the same were signed by the duly authorized officers
of the Companies, and all the acts of said Attorney(s)4n-Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice-president, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Atfcmeys -in -Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recogn zances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which
Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: president, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(8-97)
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President, and their corporate seals to be hereto affixed this 15th day of May, 2000.
STATE OF CONNECTICUT
}SS. Hartford
COUNTY OF HARTFORD
.8
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
George W. Thompson
Senior Vice President
On this 15th day of May, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
My commission expires June 30, 2001 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
forth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 10th day of
SULY ,2000.
�u7117r sJ� "tr Ampr GI.6v���
r L
6Ork1, � J CONK. 0 2 ! 2
• :gyp+ "��ar° y`y . ��a
By
Kori M. Johanson
Assistant Secretary, Bond
Page 4
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
2000 -2001 CITY -WIDE SLURRY SEAL
CONTRACT NO. 3351
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.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
:..-
Subcontract Work Subcontractor Address
,,, , . 1, /
2<3/ G'LN' PI— /4 //its S�.fc
l4 L{92835'
Authorized Signature/Title
0
0
Page 5
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
2000 -2001 CITY -WIDE SLURRY SEAL
CONTRACT NO. 3351
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
Person
Telephone
Completed
.off U c[ ELLts
Name /Agency
cO
To Contact
Num r
Bidder
Authorized Signature/Title
0
CITY OF CAMARILLO
P. O. Box 248
Camarillo, CA 93011-0248
805- 388 -5391
Slurry Seal 1992, 93, 98, 99
$265,502 - $574,275
CITY OF SOLANA BEACH
635 S. Highway 101
Solana Beach, CA 92075
615- 755 -2998
Slurry Seal 1998
$150,082
MUNICIPAL REFERENCES
Southern California
CITY OF CHINO HILLS
2001 Grand Hills
Chino Hills, CA 91709 -4869
909 -590 -1511
Slurry Seal 1998
$98 -948 - $613,307
CITY OF YUCCA VALLEY
57090 Twentynine Palms Hwy.
Yucca Valley, CA 92284
760- 369 -7207
Cape Seal 1998, 1999
$260,563 - $338,631
CITY OF MORENO VALLEY CITY OF POWAY
P. O. Box 88005 P. O. Box 789
Moreno Valley, CA 92552 -0805 Poway, CA 92074 -0789
909 - 413 -3130 619- 748 -6600
Slurry Seal 1999 Slurry Seal 1999
$389,768 $555,642
CITY OF LA MESA
P. O. Box 937
La Mesa, CA 91944 -0937
619 -667 -6611
Slurry Seal 1999
$119,841
4 -25-00
COUNTY OF RIVERSIDE
Transportation Department
P. O. Box 1090
Riverside, CA 92502 -1090
909 - 275 -6740
Slurry Seal 1993, 96, 98, 99
$130,000- $747,787
0
CITY OF PALM DESERT
73 -510 Fred Waring
Palm Desert, CA 92260 -2578
619- 346 -0611
Slurry Seal 1996, 97, 98
$95,242 - $226,575
CITY OF OXNARD
305 W. Third St.
Oxnard, CA 93030 -5790
805- 385 -7860
Slurry Seal 1999
$1,369,026
CITY OF GRAND TERRACE
22795 Barton Rd.
Grand Terrace, CA 92324 -5295
909 -824 -6621
Slurry Seal 1999
$166,862
COUNTY OF LOS ANGELES
Larry Dunlop — 805 -947 -7173
Leo Norman — 562 -869 -1176
Slurry Seal Various Locations
1984 -1999
$50,000 - $231,000
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
2000 -2001 CITY -WIDE SLURRY SEAL
CONTRACT NO. 3351
NON - COLLUSION AFFIDAVIT
State of California )
) ss.
County of,a,nI /llrilj�iM
Page 6
ado bxl f 4 beingdFij0.0jbWW#Vjjj" says that he or she is
IV4 v ate/ o f "he party making the
foregoing bid; that the bid is not made in he i " "ntefe§ToTar oo I f TWundisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of,
or on behalf of, any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or
indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or
indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham
bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of
the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of
that of any other bidder, or to secure any advantage against the public body awarding the contract
of anyone interested in the proposed contract; that all statements contained in the bid are true;
and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or
paid, and will not pay, any fee to any corporation, partnership, company association, organization,
bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury of the laws of th tate C f i that the foregoing is true
Turiellam
W►INTEMAf�ICE 00�N::�
Bidder Authorized Signature/Title
Subscribed and sworn to before me this day of '2000.
SHRP S. POGAN
r �} Commission # 12.33492
;e&u-1 z +..! Notary P� k - cmitornia
Notary Pub ] - ,%+"`• San Bernardino County
Al n_ �:_1v14.CBRbT:1�'sAig�],JD(
. Sd_ aao3
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
•
2000 -2001 CITY -WIDE SLURRY SEAL
CONTRACT NO. 3351
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall
ten (10) days (not including Saturday, Sunday
Notice of Award to the successful bidder:
• CONTRACT
be executed and delivered to the Engineer within
and Federal holidays) after the date of receipt
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
The City of Newport Beach will not permit a substitute format for these Contract
Documents. Bidders are advised to review their content with bonding, insuring and legal agents
prior to submission of bid. Certificate(s) of Insurance, General Liability Insurance
Endorsement, and Automobile Liability Insurance Endorsement shall be provided as
required by the Contract documents and delivered to the Engineer within ten (10) days (not
including Saturday, Sunday and Federal holidays) after the date of receipt Notice of Award
to the successful bidder.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an acceptable surety in
the latest revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be
substituted for any monies to be withheld to ensure performance under the Contract.
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be
provided as specified in the Standard Specifications for Public Works Construction, except as
modified by the Special Provisions. Certificates of Insurance and additional insured
endorsements shall be on the insurance company's forms, fully executed and delivered with the
Contract. The Notice to Proceed will not be issued until all contract documents have been
received and approved by the City.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
2000 -2001 CITY -WIDE SLURRY SEAL
CONTRACT NO. 3351
CONTRACT
THIS AGREEMENT, entered into this 25th day of July, 2000, by and between the CITY OF
NEWPORT BEACH, hereinafter "City," and California Pavement Maintenance Company,
Inc., hereinafter "Contractor," is made with reference to the following facts:
WHEREAS, City has advertised for bids for the following described public work:
2000 -2001 CITY -WIDE SLURRY SEAL
Project Description
3351
Contract No.
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 Contractors
careful examination of all Contract documents, plans and specifications.
NOW, THEREFORE, City and Contractor agree as follows:
A. 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 Special Provisions and Standard Drawings,
Plans and Special Provisions for Contract No. 3351, Standard Specifications for Public
Works Construction (current adopted 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.
B. SCOPE OF WORK Contractor shall perform everything required to be performed, and
shall provide and furnish all the labor, materials, necessary tools, expendable equipment
and all utility and transportation services required for the Project:
All of the work to be performed and materials to be furnished shall be in strict accordance
with the provisions of the Contract Documents. Contractor is required to perform all
activities, at no extra cost to City which are reasonably inferable from the Contract
Documents as being necessary to produce the intended results.
i i
C. COMPENSATION 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 three hundred thirty four thousand,
three hundred forty and no /100 Dollars ($334,340.00).
This compensation includes:
(1) Any loss or damage arising from the nature of the work,
(2) Any loss or damage arising from any unforeseen difficulties or obstructions in the
performance of the work,
(3) Any expense incurred as a result of any suspension or discontinuance of the work, but
excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the
Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance
of the work by City.
D. 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.
E. 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: Robert Stein
(949) 644 -3311
California Pavement Maintenance Co., Inc.
9390 Elder Creek Road
Sacramento, CA 95829
(916) 381 -8033
F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract,
hereby certifies:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or undertake self -
insurance in accordance with the provisions of the Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less
than A:VII and insurers must be a California Admitted Insurance Company.
Contractor shall furnish City with certificates of insurance and with original
endorsements effecting coverage required by this Contract. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that
0 0
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.
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.
1. Minimum Scope of Insurance
Coverage shall be at least as broad as:
a) 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.
b) 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.
c) Workers' Compensation insurance as required by the Labor Code of the State of
California and Employers Liability insurance.
2. Minimum Limits of Insurance
Coverage limits shall be no less than:
a) 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.
b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily
injury and property damage.
c) Workers' Compensation and Employers Liability: Workers' compensation limits
as required by the Labor Code of the State of California and Employers Liability.
3. 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.
4. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
a) General Liability and Automobile Liability Coverages
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.
ii. 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.
iii. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to City, its officers, officials, employees and volunteers.
iv. 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.
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.
b) 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.
c) 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.
5. 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.
6. 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.
H. RESPONSIBILITY FOR DAMAGES OR INJURY
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.
2. Contractor shall be responsible for any liability imposed by law and for injuries to or
death of any person or damage to property resulting from defects, obstructions or from
any cause arising from Contractor's work on the Project, or the work of any
subcontractor or supplier selected by the Contractor.
3. 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 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.
4. 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.
5. 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 H.3, above.
6. The rights and obligations set forth in this Article shall survive the termination of this
Contract.
0 0
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.
J. CONFLICT If there is a conflict between provisions of this Contract and any other
Contract Document, the provisions of this Contract shall prevail.
K. 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.
CITY CLERK
APPROVED AS TO FORM:
eto have caused this contract to be executed the day
CITY OF NEWPORY BEACH
A Municipal Corpor tion
0
California Pavement Maintenance Co., Inc.
C4
)4 A,
By:
CI
NE
4;6Z4
Authorized Signature and Title
Ronald D. Bolles
Vice President
•CITY OF NEWPORT BEACH 46
PUBLIC WORKS DEPARTMENT
2000 -2001 CITY -WIDE SLURRY SEAL PROJECT
Contract No. 3351
A roved
Don Webb
Public Works Director
ADDENDUM NO. 1
TO ALL PLANHOLDERS:
Notice Invitina Bids
.. ..................................................... ...............................
On the cover sheet for the Notice Inviting Bids for the required contractor license
classification, delete "A" or "C -12" and replace with "A" or "C -32 ".
....................................................... ...............................
Bidders are required to sign Addendum No.1 and attach to the bid proposal. Bids may
not be considered unless this signed Addendum No.1 is attached.
Addenduml
I have carefully examined this Addendum and have
(Please Print)
i
3
08/14/00
MON 15:47 FAX 415 777 3545
ACORDIA OF CA
Q002
'tl�t (;jI ; v „� r'G:; r ;:5 „F'>re, ;,: •... .,I„ .r.,,..;
;{ ;�";'w; �1.1,.•fGE(t'f1FIC�►'i� 'iii1NC1 =� 1 'i:�.,:I
ISSUE DATE
,�
.
PRODUCER:
THIS CERTTFICA171 LS ISSUED AS A MAYIER OF INFORMATION ONLY AND CONFERS NO
RIGHTS UPON THE CERTIFICATE HOLDER. INS CERTBICATF. DOM NOT AMEND.
EXFPNDCR ALTER OTHn COVE7IAGE APPORDEO BY THE POLTOES BELOW.
COMPANIES AFFORDING COVERAGE
AC0R014 OF CALIFORNIA INSURANCE SERVICES
COMPANY
Clarendon Insurance Company
525 MARKET STREET, SUITE 2.200
LETTER A
COMP'Ao
Safeco Insurance Company
SAN FRANCISCO, CAUFCRNIA94105 415.547 -7900
INSURED:
COMPANY
L=RC
mM'ANY
California Pavement Maintenance Co., Inc.
LETTER D
COMPANY
9390 Elder Creek Rd
LETTER E
Sacramento, CA 95929
IF I” ft
THIS IS TO CERTIFY THAT THE POLICIES OE INSURANCE LISTED nEI.DW TTAVE BEEN IgUED TO THE INSURED NAMED Anow R)R THE POLICY PERIOU INULCAIEU.
NOTWrrHSTANDINC ANY REQUIREMENT, TERM OR CONUITIOON OF ANY CONTRACT OR OMEt DOCUMENT WITH RESPECT TO WNICIT 7141; CRRTIFICATS MAY OE ISSUEU OR MAY
PERTAIN. THE TNSURANCR AFFORDED IV THE POI L US VaClUBED H2REE-1IS SUByRCT TO ALL THE TERMB, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY
HAVE BERN REDUCED BY PAID CLAIMS
CO,
ME OF NSURANCE
POLICY• NUMBER
POLCY EFP.
POLICY EXP.
DESCRIPTION
LRRT'S
LTR
DATE
DATE
A
GENERAL LIABRRY
TNCO698129/0167
930.99
9.3D -00
GENERALAGGREGATE
2,000,000
X7 COMM.G04UALLIAB.
PnODOOMr /Or AGG.
1,000.000
❑ CLAIMS MADE
PERS &ADV. INJURY
1,000,000
0 OCCURRENCE
EACH OCCURRENCE
1,000,000
❑ OWNEWS &CONTRACT`SPROT
FIDE DAMAGE (One EIM)
50,000
❑
MEDICAL RXP -NSE (Ore Per.w)
5.000
6
AUTOMOBILE LIABMY
BA8336197
930-99
9 -30-00
ANY AUTO
COMBMDMGULLauT
1.000,000
71 ALL OWNED AUTOS
BODILY D-OURY(Per Penn *O
7 SCHEDULED AUTOS
BOOTLYrN1U1YWv XwIdm*
❑ 1411111) AUMS
PROPERTY DAMAGE
F7 NON - OWNBD AUKS
❑ GARAGE LIABILITY
EXCESS UABRJTY
EACH OCCURRENCE
❑ UMBRELLAPORM
AGGREGATE
OTHER THAN UM BULia FORM
WOR)tERS COMPENSATION
❑ STATIJLORYLIMIIS
AND
EACH ACCMWT
EMPLOHLR'S LIABILITY
DIS21SE - POLICY LIMIT
uLSBASE- BAG/EMPLOYP.R
OTHER INSURANCY
17
DESCRIPTION OF OPERATIONS /LOCATIONS /VEI -UCLES /SPECIAL ITEMS:
CeN6ca(aholder is named as Additional Insured per CG201D attached. Re: 2000 -2001 Oily-wide Slurry Seal. Subject to tan (10) days notice of
canmilation for non - payment of premium. CPM Job #:
NAME AND ADDRESS OF CERTIFICATE HOLDER
CANCELLATION:
SHOULD ANY Of TIM ABOVE DL9CBI11E1) POLICIES RE CANCELED BEFORE THE
EXPRATION DATE THEME, THE MUD:G COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LRFT.BUT FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE! NO OBLIGATION OR
LLASI X Y OF ANY RIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES,
City Of Newport Beach
P.O. Box 1768
AUTH 172D ATIVE:
Newport Beach, CA 926591768
Ce
CPM Job #:
oa.AUG. 14.2000 112 :50PMX 41 CPM SACRAMENTO ACORDIA OP CA NO. 990 P.4 /5
y — - -�— — — — — — — 0000
COMMERCIAL LIABILITY
POLICY NUMSM TNC0696Ati10167
NAMED INSURED, CalHomia Pavement Maintenance Co„ Inc.
THE ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY,
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies Insurance provided under the followira:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
NAME OF PERSON OR ORGANIZATION: Any Person, organization, Partnership orJolm venture, only it you
halve pmvlously entered into a contract with such party In which it stales that such party Shea he an Additional Insured.
City O Newport Beach Its offtcars, officals, employees, and volunteers
P.O. Box 1766
Newport Seaoh, CA 92559.1768
JOB DESCRIPTION:
2000.2001 City-wide Slurry Seal
� CPM Jodi:
,J
(If no entry appears above, information required to complete this endorsement will be shown In the Declarations as
applicable to this endorsement)
WHO Is AN INSURED (Section Iq is amended to include as an Imured the person or organization shown In the
Schedule, but only with respect to Ileblllty arising out of 'your work" for that insured by or for you.
This insurance shall apply as primary Insurance es MsPecs any Person, OlgaRWftn. Partnership or Joint Venture
named above, and any other insurance ave sbis to such Person, Organization, PaArtership or Joint Venture shall be
excess and not contributory with the insurance afforded by this policy.
CPM Job V.
08/18/00
FRI 10:47 FAX 415 777 3545 ACORDIA OF CA Z003
SAFECO'
POLICY NUMBER COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
INSURED CONTRACT ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
Will) respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modilir,�d
by the endorsement.
t. BLANKET WAIVER OF SUBROGATION
Section IV — BUSINESS AUTO CONDITIONS A.5
is amended by the addition of the following:
We waive any right of recovery we may have against
any person or organization because of payments
we make for 'bodily injury" or "property damage"
arising out of the operation of a covered "auto" when
you have assumed liability for such "bodily injury"
or `property damage" under an "insured contract."
2. BLANKET PRIMARY INSURANCE
This insurance is considered primary and we will
not seek contribution from any other insurance
available to you for any person or organization for
whom you are required under an "insured contract"
to provide insurance, but only to the extent that this
is provided under Section IV — BUSINESS AUTO
CONDITIONS B.5. Other Insurance.
3. BLANKET ADDITIONAL INSURED
Any person or organization for whom you are
required under an 'insured contract" to provide
insurance is considered an "insured" for Liability
Coverage, but only to the extent that person or
organization qualifies as an "insured" under the Who
Is An Insured provision contained in Section It of
the Coverage Form.
4. PRIOR NOTICE OF CANCELLATION
In the event of cancellation or reduction in the Limits
of Insurance of the Coverage Form, we will mail at
least thirty (30) days prior written notice to any
person or organization for whom you are required
to provide such notice under an `insured contract."
provided you notify us of such contract requirement
at least forty -five (45) days prior to the cancellation
or reduction.
The City of dewport Beach, it's officers, officials, employees and volunteers
are named as Additional Insured in regards to 2000 -2001 City –wide Slurry Seal.
BAY., "I I"?
M,pr,I.re ux"m"n 0 SAFECO C., ...
AIIG.14.2000 12 :50PM CPM SACRAMENTO NO.990 P.5/5
pC0 D_ CERTIFIC = OF LIABILITY
INSU \NCB Jxs DATE IMMODR OT
I -30 OB /OS 00
PRODUCER
Warren G. Bander Co.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
4350 Auburn Blvd. #100
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.0- Box 417458
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Sacramento CA 95841 -7458
Phone.-916-978-8558
INSURERS AFFORDING COVERAGE
INSURED
INBURERA: Legion Insurance CoMany
INSURERBI
California Pavement
MaiataT��xLCe Comp any, Inc.
9390 Slder Cr so Road
Sacramento CA 95829
INSURER C:
INSURERo-
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE USTED BEIAW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OFANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCEAFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, E%CWSIONSAND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR
TYPE OF INSURANCE
POLICY NUMBER
DATE E
DATE
LIMITS
GENERALLIABILTTY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE F7 OCCUR
EACH OCCURRENCE
S
FIRE DAMAGEVftm Ara)
S
MEOExPWWW6PWW)
S
PERSONAL S ADV INJURY
S
GENERALAGGREVINTE
S
GENL AGGREGATE LIMIT APPLES PER;
POLICY ] F LDc
PRODUCTS- COMPIOPAGG
S
AUTOMOBILE
LIABILITY
ANYAUTO
ALL OWNED AUTOS
SCHEDULEDAUTOS
HIREDAUTOS
NON43WNEDAUTOB
COMBIN AmSINGLE LIMB
lEA
S
BODILY INJURY
(PW DARPP)
{
BODILY INJURY
P'Areegem0
S
PROPERTY DAMAGE
(PNAw4wo
S .
GARAGE LIABILITY
ANVAUTO
AUTO ONLY- EA ACCIDENT
$
E YP EA ACC
AGG
S
S
ExCESS LIABILITY
OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION $
EACH OCCURRENCE
S
AGGREGATE
S
S
S
$
A
WORKERSCOMMI'MATIONANO
EMPLOYERS LIABILITY
WC31530511
D8 /Ol /00
08/01/01
$ DRY JIM JUIR,
E.L EACH ACCIDENT
E 1000000
E.L.DISEASE- EASMPL
61000000
EA- DISEASE -POLICY LIMIT
5 1000000
OTHER
DESCRIPTION OF OPEMTKINSAACATIONSARHICL MT=LUMONS ADDED BY ENDORSEMENT(SPECKL PROVISIONS
10 Day Cancellation Notice for Non - Payment of Premium Applies / Re: 2000 -
2001 City - Wide Slurry Seal / (XX) / Waiver of Subrogation applies
Pax 381 3703 - Insured
ccH. IIrIVAIM MULUCN IN I ADDITIONAL INSURED: INSURER LETTER: CANCELLATION
City of Newport Beach
3300 Newport Blvd.
P 0 Box 1768
Newport Beach, CA 92659 -1768
CITy -NB I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
DATE THEREOF, THE ISSUING INSURER WILL BR INWOM" MAIL 30 DAYS W WTTBN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
AUG -18 -00 FRI 08:47 AM FAX N0, P, 02
�(S:CAL- SURANCE
CERTIFICATE OF INSURANCE
CHECKLIST
CITY OF NEWPORT BEACH
THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT
BEACH,
DATE RECEIVED: Od is BU DEPARTMENT /CONTACT RECEIVED FROM: S#116fM9 01164
DATE COMPLETED: SENT TO: §HANNA BY: AFL IA
COMPANY /PERSON REQUIRED TO HAVE CERTIFICATE: BAMIANVIA PAVENFAIT #W 6AICF
GENERAL LIABILITY:
A. INSURANCE COMPANY. %
B. AM BEST RATING (A VII or greater): : /11
C. ADMITTED COMPANY: ( Must be California Admitted) Is company utted in California? Yes ✓ No
D. LI[ IITS: (Must be $1.000,000 or greater) What is limit provided? 1,D0 I M0
E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is it included'? Yes- No_
F. ADDITIONAL INSURDED WORDING TO INCLUDE: ( The City its officers. agents, officials, employees and
volunteers), Is it included'? Yes ✓ No
G. PRIMARY AND NON CONTRIBUTORY WORDING: (Mast be included) Is it included? Yes ✓ No
H. CAUTION! ( Confirm that loss or liability of the Named insured is not limited solely by their negligence.)
Does endorsement include -solely by negligence' wording? Yes No t-
I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation bt
certified mail. per Lauren Farley the City will accept the endeavor wording.`
II. AUTOMOBILE LIABILITY:
A. INSURANCE COMPANY: t'iD I S
B. AM BEST RATING (A VII or greater):
C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is co admitted? Yes ✓ No_
D. LIMITS: ( Must be S1,000.000 minitraim BI & PD and 5500,000 UM) V jot limits provided ?T,1. //n
E. ADDITIONAL INSURED WORDING TO INCLUDE: (The Ci(Viuded). ers .agents. officials, employees and
volunteers). Is it included'? Yes _ No ✓
F. PRIMARY AND NON CONTRIBUTORY ING: ihI Is it included? Yes ✓ No
G. NOTIFICATION OF C aNCELLATION: Alt ou thert is stun that requires notification of cancellation by
certified mail: per Lauren Farley the City will t the r wording.
III. WORKERS COMPENSATION:
A_ INSURANCE COMPANY:
B. ANI BEST RATING (A V11 or Brewer) &: I/&/�
C. LIMITS: Statutory
D. WAVIER OF SUBROGATION: (To include). Is it
Yes ✓ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
PR 1 of 2
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
1999 -2000 CITY -WIDE SLURRY SEAL PROJECT
CONTRACT NO. 3351
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. 3351 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
Lump Sum Mobilization
Dollars
and
Zc✓'D Cents
Per Lump Sum
2. Lump Sum Traffic Control
@ %Hir�v"7l�ok S4.wa' Dollars
and
Ze r^o Cents
Per Lump Sum
3. 1,990,000 S.F. Place Type -I Slurry Seal
@ 2el' Dollars
//I and
-rou�- f Six fi-em; f Cents
Per Square Foot
$ ga Soo, Co
$ 30, t vO
0 0
PR2of2
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. 950,000 S.F. Place Type -II Slurry Seal
@ Z r Dollars
((, and
400r- f s Cents $ O,OZ16 $ y 7UD,Ov
Per Square Foot
5. Lump Sum Install Traffic Striping, Pavement
Markings, and Raised Pavement
Markers
@ Dollars
and
'2e-t'43 Cents
Per Lump Sum
TOTAL PRICE IN WRITTEN WORDS
$ lyb' &VI $ 00
ano uents
Bidder's Telephone Number
371-15-41 /+� C- /2,
Bidder's License No(s).
and Classification(s)
'e-s 7 . 6)c
Total Price (Figures)
CAUFOR IPAMM
MAINTENl MLCOMPAW"SIC.
Bidder's AU rTzed Signature and Title
VMoft ft"ftw
Sslowiwnlo, Cat. 954
Bidder's Address
f: \users\pbw\shared\contracfs \fy 99- 00\slurry project 1999- 2000 - c-3299\proposal.doc
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PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
2000 -2001 CITY -WIDE SLURRY SEAL PROJECT
CONTRACT NO. 3351
INTRODUCTION
PART 1 - -- GENERAL PROVISIONS
SECTION 2
SCOPE AND CONTROL OF THE WORK
2 -6
WORK TO BE DONE
SECTION 3
CHANGES IN WORK
3 -3
EXTRA WORK
3 -2.2
Payment
3 -3.2.3
Markup
SECTION 4
CONTROL OF MATERIALS
4 -1
MATERIALS AND WORKMANSHIP
4 -1.3
Inspection Requirements
4 -1.3.4
Inspection and Testing
SECTION 6
PROSECUTION, PROGRESS AND ACCEPTANCE
OF THE WORK
6 -1
CONSTRUCTION SCHEDULE AND
COMMENCEMENT OF THE WORK
6 -7
TIME OF COMPLETION
6 -7.1
General
6 -7.2
Working Days
6 -7.4
Working Hours
SECTION 7
RESPONSIBILITIES OF THE CONTRACTOR
7 -5
PERMITS
7 -8
PROJECT SITE MAINTENANCE
7 -8.1
Cleanup and Dust Control
7 -8.5
Temporary Light, Power and Water
7 -8.6
Water Pollution Control
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7 -10
PUBLIC CONVENIENCE AND SAFETY 4
7 -10.1
Traffic and Access 4
7 -10.2
Storage of Equipment and Materials in Public Streets 4
7 -10.3
Street Closures, Detours, Barricades 4
7 -10.4
Public Safety 5
7- 10.4.1
Safety Orders 5
7 -10.5
"No Parking" Signs 5
7 -10.6
Street Sweeping Signs 6
7 -10.7
Notice to Residents 6
7 -15
CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 6
SECTION 9
MEASUREMENT AND PAYMENT 7
9 -3
PAYMENT 7
9 -3.1
General 7
9 -3.4
Mobilization 7
PART 2 - -- CONSTRUCTION MATERIALS
SECTION 203
BITUMINOUS MATERIALS 7
203.1
PAVING ASPHALT 7
203 -1.3
Test Reports and Certification 7
203 -5
EMULSION - AGGREAGTE SLURRY 8
203 -5.1
General 8
203 -5.2
Materials 8
PART 3 - -- CONSTRUCTION METHODS
SECTION 302 ROADWAY SURFACING
9
302-4
EMULSION - AGGREGATE SLURRY
9
302 -4.3
Application
9
302 -4.3.1
General
9
302 -4.3.2
Spreading
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302 -4.3.4
Application Testing
9
SECTION 310
PAINTING
9
310 -5
PAINTING VARIOUS SURFACES
9
310 -5.6.6
Preparation of Existing Surfaces
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310 -5.6.7
Layout, Alignment and Spotting
10
310 -5.6.8
Application of Paint
10
SECTION 312
PAVEMENT MARKER PLACEMENT AND REMOVAL
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312 -1
PLACEMENT
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
2000 -2001 CITY -WIDE SLURRY SEAL PROJECT
CONTRACT NO. 3351
INTRODUCTION
SP 1 OF 10
All work necessary for the completion of this contract shall be done in accord with (1)
these Special Provisions; (2) Plan No. R- 5744 -L; (3) the striping plans; (4) the City's
Standard Special Provisions and Standard Drawings for Public Works Construction,
(1994 Edition), including Supplements; (5) the Standard Specifications for Public Works
Construction (1997 Edition), including supplements; (6) the State of California
Department of Transportation Standard Plans, Latest Edition; and (7) the Work Area
Traffic Control Handbook (WATCH), 1996 Edition.
Copies of the City Standard Special Provisions and Standard Drawings may be
purchased at the Public Works Department. Copies of the Standard Specifications and
the Work Area Traffic Control Handbook may be purchased from Building News, Inc.,
1612 South Clementine Street, Anaheim, California, 92802, telephone (714) 517 -0970.
The following Special Provisions supplement and/or modify the Standard
Specifications for Public Works Construction, as referenced and stated
hereinafter:
PART 1
GENERAL PROVISIONS
SECTION 2-- -SCOPE AND CONTROL OF THE WORK
2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion
of this contract consists of (1) distributing construction notices to affected residents and
businesses; (2) clearing existing pavement surfaces of debris, soils and other loose
materials; (3) removing existing traffic striping, pavement markings and raised pavement
markers; (4) placing emulsion aggregate slurry seal; (5) installing new traffic striping,
pavement markings, and raised pavement markers; and (6) performing other incidental
items of work as necessary to complete the work in place."
• . SP2OF10
SECTION 3--- CHANGES IN WORK
3 -3 EXTRA WORK
3 -3.2 Payment
3 -3.2.3 Markup Replace this section with,
"(a) Work by Contractor. The following percentages shall be added to the
Contractor's costs and shall constitute the markup for all overhead and profits:
1) Labor ............. ............................... 20
2) Materials ........ ............................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided for in this subsection, 1 percent
shall be added for compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is
performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be
applied to the Subcontractor's actual cost of such work. A markup of 10 percent
on the first $5,000 of the subcontracted portion of the extra work and a markup
of 5 percent on work added in excess of $5,000 of the subcontracted portion of
the extra work may be added by the Contractor."
SECTION 4 - -- CONTROL OF MATERIALS
4 -1 MATERIALS AND WORKMANSHIP
4 -1.3 Inspection Requirements
4 -1.3.4 Inspection and Testing. All material and articles furnished by the
Contractor shall be subject to rigid inspection, and no material or article shall be used in
the work until it has been inspected and accepted by the Engineer. The Contractor
shall furnish the Engineer full information as to the progress of the work in its various
parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's
readiness for inspection.
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Special Provisions and these Special
Provisions. When, in the opinion of the Engineer, additional tests and retesting due to
failed tests or inspections are required because of unsatisfactory results in the manner
in which the Contractor executed his work, such tests and inspections shall be paid for
by the Contractor.
• SP3OF10
SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this
section, "No work shall begin until a schedule of work has been approved and a "Notice
to Proceed" has been issued by the Engineer.
The Contractor shall submit a construction schedule to the Engineer for approval a
minimum of five working days prior to commencing any work. The Schedule may be
bar chart or CPM style. Additionally, it shall have identified San Miguel Drive, Sayside
Drive and Centella Place as the last work locations. The Engineer will review the
schedule and may require the Contractor to modify the schedule to conform to the
requirements of the Contract Documents.
If work falls behind the approved schedule, the Contractor shall be prohibited from
starting additional work until he has exerted extra effort to meet his original schedule and
has demonstrated that he will be able to maintain his approved schedule in the future.
Such stoppages of work shall in no way relieve the Contractor from his overall time of
completion requirement, nor shall it be construed as the basis for payment of extra work
because additional personnel and equipment were required on the job."
6 -7 TIME OF COMPLETION
6 -7.1 General. Add to this section, "The Contractor shall complete all work under
the Contract within thirty consecutive working days from the date of the "Notice to
Proceed ". It will be the Contractor's responsibility to ensure the availability of all
material prior to the start of work."
6 -7.2 Working Days. Revise 3) to read, "any City holiday, defined as January 1 st,
the third Monday in February (President's Day), the last Monday in May (Memorial Day),
July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day),
the fourth Thursday in November (Thanksgiving), and December 25th (Christmas). If
January 1st, July 4th, November 11th or December 25th falls on a Sunday, the
following Monday is a holiday."
6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m.
Monday through Thursday and 7:00 a.m. to 3:30 on Fridays.
Should the Contractor elect to work up to 6:30 p.m. on weekdays or between 8:00 a.m.
and 6:00 p.m. on Saturday, he shall first obtain special permission from the Engineer.
A request for working during any of these hours must be made at least 72 hours in
advance of the desired time period. A separate request must be made for each work
shift. The Engineer reserves the right to deny any or all such requests. Additionally,
the Contractor shall pay supplemental inspection costs of $50.00 per hour when such
time periods are approved.
0 0 SP4OF10
SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR
7 -5 PERMITS. At the time of award and until the completion of work, the Contractor
shall possess a General Engineering Contractor "A" License or a Specialty Earthwork
and Paving Contractor "C -12" License. From the start of work and until completion of
work, the Contractor shall possess a valid Business License issued by the City of
Newport Beach and a valid business license issued by the City of Costa Mesa.
7 -8 PROJECT SITE MAINTENANCE
7 -8.1 Cleanup and Dust Control. Add to this section, "All slurried pavement shall
be cleaned and reopened to vehicular traffic and/or parking at the end of each day."
7-8.5 Temporary Light, Power and Water. Add to this section, "If the Contractor
elects to use City water, he shall arrange for a meter and tender a $750 meter deposit
with the City. Upon return of the meter to the City, the deposit will be returned to the
Contractor, less a quantity charge for water usage and repair charges for damage to the
meter."
7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water
containing mud, silt or other deleterious material due to the construction of this project
shall be treated by filtration or retention in settling basin(s) sufficient to prevent such
material from migrating into the bay or entering the storm drain system."
7 -10 PUBLIC CONVENIENCE AND SAFETY
7 -10.1 Traffic and Access. Add to this section, "The Contractor shall provide
traffic control and access in accord with Section 7 -10 of the Standard Specifications
and the Work Area Traffic Control Handbook (WATCH) also published by Building
News, Inc."
7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first
paragraph and add the following: "Construction materials shall not be stored in streets,
roads, or sidewalk areas. However, the Contractor may use a portion of the Grant
Howald Park parking lots scheduled for slurry work for staging."
7 -10.3 Street Closures, Detours and Barricades. Add to this section "The
Contractor shall prepare and submit to the Engineer at least five working days prior to
the pre - construction meeting a traffic control plan and detour plan(s) for each street and
parking lot. The Contractor will be responsible for processing and obtaining approval of
a traffic control plan from the City's Traffic Engineer. The Contractor shall adhere to the
conditions of the traffic control plan. All traffic control plans shall be prepared by a
licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC
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CONTROL HANDBOOK (W.A.T.C.H.), 1996 Edition. The traffic control and detour
plans must meet the following requirements:
1. Emergency vehicle access shall be maintained at all times.
2. The locations and wordings of all barricades, signs, delineators, lights, warning
devices, parking restrictions, and any other required details shall ensure that all
pedestrian and vehicular traffic will be handled in a safe manner with a
minimum of inconvenience to the public.
3. All advanced warning sign installations shall be reflectorized and /or lighted.
4. Vehicle access for one -way streets may be limited or closed during work
hours to the extent that not all of the same direction one -way streets are
closed at the same time. One -way streets shall not be closed during non -
work hours.
5. No two consecutive adjacent streets shall be concurrently closed to vehicular
traffic during construction.
6. The Contractor shall accommodate the City's trash collection. If the Contractor
elects to work on a street during its trash collection days, it shall be the
Contractor's responsibility to make alternative trash collection arrangements by
contacting the City's Refuse Superintendent, Mr. William Russo, at (949) 718-
3468 and all property owners.
7. Bayside Drive serves as a by -pass for Coast Highway during periods of high
vehicle traffic volume."
7 -10.4 Public Safety
7- 10.4 -1 Safety Orders. Add to this section, "The Contractor shall be solely
and completely responsible for conditions of the job -site, including safety of all persons
and property during performance of the work, and the Contractor shall fully comply with
all State, Federal and other laws, rules, regulations, and orders relating to the safety of
the public and workers.
The right of the Engineer or the City's Representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site."
7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in
place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING"
signs) which he shall post at least seventy-two hours in advance of the need for
enforcement. In addition, it shall be the Contractor's responsibility to notify the City's
Police Department, Parking Control Division at (949) 644 -3717, for verification of
posting at least seventy -two hours in advance of the need for enforcement. The signs
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SP6OF10
shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide
and 18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans
Uniform Sign Chart.
The Contractor shall print the hours and dates of parking restriction on the "NO
PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the
completed sign shall be reviewed and approved by the Engineer prior to posting.
7 -10.6 Street Sweeping Signs. After posting "NO PARKING - TOW AWAY" signs,
the Contractor shall cover street sweeping signs, on those streets adjacent to
construction, with a "PERMIT PARKING ONLY" sign, in a manner approved by the
Engineer. Immediately after construction is complete and the street is opened to traffic,
the Contractor shall uncover the street sweeping signs.
7 -10.7 Notices to Residents and Businesses. Forty -eight hours before the start
of any construction, the Contractor shall distribute to adjacent residents, within 500 feet
of the project, a written notice stating when construction operations will start and what
disruptions may occur and approximately when construction will be complete. The
written notices will be prepared by the Engineer. The Contractor shall insert the
applicable dates and times when the notices are distributed. Errors in distribution, false
starts, acts of God, strikes or other alterations of the schedule will require Contractor
renotification using an explanatory letter furnished by the Engineer.
7 -15 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of
approved plans and specifications shall be on the job site at all times. In addition, the
Contractor shall maintain "As- Built" drawings of all work as the job progresses.
Upon completion of the project, the Contractor shall provide "As- Built" corrections upon
a copy of the drawing. The "As- Built" drawings shall be submitted to the Engineer prior
to final payment or release of any bonds.
The Contractor shall maintain books, records, and documents in accordance with
generally accepted accounting principles and practices. These books, records, and
documents shall be retained for at least three years after the date of project completion.
During this time, the material shall be made available to the Engineer. Suitable facilities
are to be provided by the Contractor for access, inspection, and copying of this
material.
SECTION 9 - -- MEASUREMENT AND PAYMENT
9 -3 PAYMENT.
9 -3.1 General. Revise paragraph two to read, "The unit and lump sum prices bid
for each item of work shown on the Proposal shall include full compensation for
furnishing the labor, materials, tools, and equipment as required to complete the work in
place and no other compensation will be allowed thereafter. Payment for incidental
items of work not separately listed shall be included in the prices shown for the other
• SP 7 OF 10
related items of work. The following items of work pertain to the bid items included
within the Proposal:
Item No. 1 Mobilization: Work under this Item shall include full compensation for all
labor, materials, tools, equipment, and all incidentals as required to complete the work
in place.
Item No. 2 Traffic Control: Work under this Item shall include full compensation for all
labor, materials, tools, equipment, and incidentals in the preparation of detour and
traffic plans; the distribution of construction notices to nearby businesses and residents;
the posting and removal of temporary no- parking signs; the placing, removing, storing,
maintaining, and moving of traffic control devices to new locations; and other items of
work as required to complete the work in place.
Item No. 3 Place Type I Slurry Seal: Work under this Item shall include full
compensation for all labor, materials, tools, equipment, and incidentals for, but not
limited to, prepare roadway surface, remove existing traffic striping and pavement
markings and raised markers, place application test, provide slurry test report, place
slurry, and all other items of work as required to complete the work in place.
Item No. 4 Place Tvpe II Slurry Seal: Work under this Item shall include full
compensation for all labor, materials, tools, equipment, and incidentals for, but not
limited to, prepare roadway surface, remove existing traffic striping and pavement
markings and raised markers, place application test, provide slurry test report, place
slurry, and all other items of work as required to complete the work in place.
Item No. 5 Install Traffic Striping, Pavement Markings, and Pavement Markers: Work
under this Item shall include full compensation for all labor, materials, tools and
equipment to complete all work as required by the Plans."
9 -3.4 Mobilization Add to this section, "Partial payments for mobilization, shall be
made in accordance with Section 10264 of the California Public Contract Code."
PART 2
CONSTRUCTION MATERIALS
SECTION 203 - -- BITUMINOUS MATERIALS
203 -1 PAVING ASPHALT
203 -1.3 Test Reports and Certification Replace this section with, "At least five
workings days prior to the start of slurry application, the Contractor shall deliver to the
Engineer sufficient samples of the latex -added emulsified asphalt and the aggregates
proposed to be used on this project to the City designated material testing laboratory for
mix evaluation.
• SP8OF10
A copy of the laboratory test report shall be submitted to the Engineer for review and
approval on every batch of slurry proposed for the work. The Contractor shall not begin
work until the Engineer approves the test results.
The costs of these required laboratory tests shall be included in the unit price bid and no
additional compensation shall be made by the City to the Contractor."
203 -5 EMULSION - AGGREGATE SLURRY
203 -5.1 General Add to this section the following: "The emulsion shall meet the
requirements of CQS -P, consisting of refined asphalt cement modified with
Styrene /Butadiene /Styrene (SBS) or EthyleneNinylacetate (EVA) synthetic rubber and
dispersed in water to produce a cationic type quick- setting asphalt emulsion."
203 -5.2 Materials
Replace 2) with the following: "ADDITIVES
a. Ammonium Sulfate
Ammonium sulfate in liquid form shall be used as a retardant. The amount of
retardant shall be that amount necessary to prohibit the slurry from setting up
prematurely, and permit a street to be opened to vehicular traffic within three
hours after the slurry application, without tracking or damage to the slurry.
b. Portland Cement
Portland cement shall be used as an accelerator. The amount used shall be
that amount necessary to permit a street to be opened to vehicular traffic within
three hours after the slurry application, without tracking or damage to the slurry.
c. Latex
Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement
Company, Inc., or equal approved by the Engineer in advance of ordering the
latex additive. It shall be added to the emulsified asphalt by the co -mill method
at the emulsion plant at the rate of 2Y2 percent of weight of the emulsified
asphalt. Latex -added emulsified asphalt shall be kept in a suspended state by
an agitating mixer and mixed every three days.
Materials testing shall be performed at the Contractor's expense."
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PART 3
CONSTRUCTION METHODS
SECTION 302 - -- ROADWAY SURFACING
302-4 EMULSION - AGGREGATE SLURRY
302 -4.3 Application
3024.3.1 General Add to this section with, 'Type I slurry shall be applied
on all residential streets and parking lots at the rate of 9.5 pounds per square yard. Type
II slurry shall be applied on all non - residential streets at the rate of 13 pounds per square
yard.
At all intersections where the intersecting street does not receive a slurry seal, slurry seal
application shall end along a projection of the edge of gutter (or curb face if no gutter
exists) of the intersecting street unless otherwise directed by the Engineer."
302 -4.3.2 Spreading Replace the first sentence of the second paragraph with,
"The application of slurry shall not commence until after 8:00 a.m., and the slurry shall be
sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m.
on the same day. In case of damage done by vehicles and /or pedestrians upon slurry
that has not been sufficiently cured by 3:00 p.m., the Contractor shall replace all of the
damaged work at his own expense and no additional compensation shall be made by the
City to the Contractor."
Replace the first sentence of the third paragraph with, 'Prior to the slung application, the
Contractor shall clean all work surfaces and remove all loose materials, vegetation, oil,
and other foreign material. Additionally, all weeded locations shall be treated by an
approved weed - killer before any slurry shall be applied."
302 -4.3.4 Application Testing Add this section to read, "Upon the Engineer's
direction, the Contractor shall slurry seal 1,000 -foot long test roadway sections within the
construction limits for each batch of slurry mix. The Contractor shall apply the slurry test
sections in accordance with all requirements of these Provisions. No slurry shall be
applied until the test slurry sections have been approved the Engineer. The costs of
these slurry tests shall be included in the unit price bid and no additional compensation
shall be made by the City to the Contractor."
SECTION 310 - -- PAINTING
310 -5 PAINTING VARIOUS SURFACES.
310 -5.6.6 Preparation of Existing Surfaces Modify and amend this section to
read, 'The Contractor shall remove all existing thermoplastic traffic striping and
pavement markings prior to application of slurry seal by a method approved by the
Engineer."
SP 10 OF 10
310 -5.6.7 Layout, Alignment, and Spotting Modify and amend this section to
read, "The Contractor shall perform all layout, alignment, and spotting. The Contractor
shall be responsible for the completeness and accuracy of all layout alignment and
spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment
shown on the plans. The Contractor shall mark or otherwise delineate the new traffic
lanes and pavement markings within 24 hours after the removal or covering of existing
striping or markings. No street shall be without the proper striping over a weekend or
holiday. Stop bars shall not remain unpainted overnight."
310 -5.6.8 Application of Paint Modify and amend this section to read, "Painted
traffic striping and markings shall be applied in two coats. The first coat of paint shall
be dry before the second coat is applied. At least one application of paint shall be
applied to all striping and markings within 24 hours after the finish course has been
placed.
Only one coat of paint is required when raised pavement markers will be applied
directly over the paint lines as in Detail 11 followed by Detail 13.
Paint for traffic striping and pavement markings shall be white Formula No. 2600A9
Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by
Morton. These paints shall be applied at 15 mils wet.
If the Contractor fails to perform striping as specified herein, the Contractor shall cease
all contract work until the striping has been properly performed. Such termination of
work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and
re- notify the affected residents, at the Contractor's sole expense. In addition, if the
Contractor removes /covers /damages existing striping and /or raised pavement markers
outside of the work area, he shall re- stripe /replace such work items at no cost to the
City.
The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer,
temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is
more than one lane in any one direction, for more than three consecutive calendar
days. Dependent upon construction phasing, the Engineer may require the Contractor
to apply two applications of paint to maintain adequate delineation on base pavement
surfaces, at no additional cost to the City."
SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL
312 -1 PLACEMENT Amend this section with,
1. The location of raised pavement fire hydrant marker shall conform to the City of
Newport Beach Standard Plan No. STD - 902 -L.
2. The Contractor shall replace within fifteen days after application of the slurry all
raised pavement buttons and markers."
July 25, 2000
i 1UL25
APPROVED
TO: Mayor and Members of the City Council
FROM: Public Works Department
CITY COUNCIL AGENDA
ITEM NO. 5
SUBJECT: 2000 -2001 SLURRY SEAL PROJECT -AWARD OF CONTRACT NO. 3351
RECOMMENDATIONS:
1. Approve the plans and specifications.
2. Award Contract No. 3351 to California Pavement Maintenance Company, Inc. for
the Total Bid Price of $334,340.00, and authorize the Mayor and the City Clerk to
execute the contract.
3. Establish an amount of $33,000 to cover the cost of testing and unforeseen work.
DISCUSSION:
At 11:00 A.M on July 12, 2000, the City Clerk opened and read the following bids for
this project:
BIDDER TOTAL BID AMOUNT
Low Calif. Pavement Maintenance Co. of Sacramento $334,340.00
2 American Asphalt Repair & Resurfacing of Hayward $358,580.00
3 Valley Slurry Seal Company of West Sacramento $401,455.00
4 Doug Martin Contracting Co., Inc. of La Habra $407,543.00
5 Pavement Coatings Company of Cypress $416,633.00
6 Roy Allan Slurry Seal, Inc. of Santa Fe Springs $422,200.03
* The corrected bid amount is $416,583.00
The low total bid amount is approximately 4 percent below the Engineer's Estimate of
$350,000. The low bidder, California Pavement Maintenance Company, Inc.,
possesses a General Engineering "A" contractor's license in addition to an Earthwork
and Paving "C -12" contractor's license. California Pavement has satisfactorily
completed slurry seal projects for other southern California agencies.
The areas to receive slurry seal are shown on the attached project location map and
include portions of the "Airport" area, Corona del Mar, Newport Center, Newport
Heights, Eastbluff, Bayside Drive, Irvine Avenue, and University Drive.
0 0
SUBJECT: 2000 -2001 Citywide Slurry Seal Project - Award of Contract No. 3351
July 25, 2000
Page: 2
There are sufficient funds available in the following account for the work:
Account Description
Citywide Slurry Seal Program
General Fund — Street and
Striping
Re ectfully submitted,
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By: W'vr'
FongAse, P.E.
Associate Civil Engineer
Attachment: Project Location Map
Bid Summary
Account Number
7281- C5100462
Parking Lot 7013- C5100019
Total:
\\mis_1\sys\users\pbw\shared \council \y 2000- 01 \july -25 \dty-wide slurry seal program c- 3351.doc
Amount
$350,000.00
$ 17,340.00
$367,340.00
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CITY OF NEWPORT BOEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
August 23, 2000
American Asphalt Repair & Resurfacing Co.
27601 Industrial Blvd.
Hayward, CA 92337
Gentlemen:
Thank you for your courtesy in submitting a bid for the 2000 -2001 City -Wide Slurry Seal
Project (Contract No. 3351) 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
(949) 644 -3005
August 23, 2000
Roy Allan Inc.
11922 Bloomfield Ave.
Santa Fe Springs, CA 90670
Gentlemen:
Thank you for your courtesy in submitting a bid for the 2000 -2001 City -Wide Slurry Seal
Project (Contract No. 3351) 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
9 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
August 23, 2000
Pavement Coatings Co.
P.O. Box 1491
Cypress, CA 90630
Gentlemen:
Thank you for your courtesy in submitting a bid for the 2000 -2001 City-Wide Slurry Seal
Project (Contract No. 3351) 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
(949) 644 -3005
August 23, 2000
Doug Martin Contracting Co., Inc.
220 E. Foundation Avenue
La Habra, CA 90631
Gentlemen:
Thank you for your courtesy in submitting a bid for the 2000 -2001 City-Wide Slurry Seal
Project (Contract No. 3351) 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
(949) 644 -3005
August 23, 2000
Valley Slurry Seal Co.
P.O. Box 1620
3050 Beacon Boulevard, Suite 205
West Sacramento, CA 95691
Gentlemen:
Thank you for your courtesy in submitting a bid for the 2000 -2001 City-Wide Slurry Seal
Project (Contract No. 3351) 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