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HomeMy WebLinkAboutC-3800 - 2005-2006 Citywide Slurry ProgramCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkess. MMC December 12, 2007 Pavement Coatings Co., Inc. P.O. Box 1491 Cypress, CA 90630 Subject: 2005 -2006 Citywide Slurry Seal Program (C -3800) To Whom It May Concern: On December 12, 2006, 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 January 18, 2007. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is 08837351. Enclosed is the Faithful Performance Bond. Sincerely, or i LaVonne M. Harkless, MMC City Clerk cc: Public Works Department enclosure 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3800 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,707.00 being at the rate of $ 6.1315.63 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to PAVEMENT COATINGS COMPANY, hereinafter designated as the "Principal ", a contract for construction of 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM, Contract No. 3800 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, ail of which are.incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3800 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Fidelity and Deposit Company of Maryland ' duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Seventy -One Thousand, Nine Hundred Forty -Six and 001100 Dollars lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by 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 (1) 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 7th day of July 2006. MARSHA COOUDGE President PAVEMENT �tary & CFO PAVEMENT COATINGS COMPANY (Principal) Authorized Signature/Ti Fidelity and Deposit Company of Maryland Name of Surety 801 N. Brand Blvd., Glendale, CA 91203 Address of Surety 800 347 -5679 Telephone Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED F:1Users1PBWlShared\Contracls\FY 05-06105.06 CITYWIDE SLURRY C- 38001CONTRACT C-3800.doc CALIFORNIA ALL - PURPOSE NT State of California County of Orange On June 27, 2006 before me, Van P. Duncan, Notary Public, personally appeared Marsha Coolidge personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. i VAN P. DUNCAN p ®r-.- COMM. #1375838 2 NOTARY PUBLIC - CALIFORNIA 2 ORANGE COUNTY V c $-- - Van P. Duncan, Notary Public IY CALIFORNIA ALL - PURPOSE ACKN"LEDGMT State of California County of Los Angeles AIL' 07 MS' On before me, Clarice Lee, Notary Public, personally appeared Lisa L.Thornton personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CLAR�CE LEE _ N COMM. h t 489447 Q NOTAFY PUSL iU - CAUFOPMA = LOS ANGELES COUNTY + My Comm. ExpMres dune 11, 2808 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3800 ITi7.� .� FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,707.00 being at the rate of $ 6.13/5.63 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to PAVEMENT COATINGS COMPANY, hereinafter designated as the "Principal ", a contract for construction of 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM, Contract No. 3800 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, ail of which are.incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3800 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Fidelity and Deposit Company of Maryland , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Seventy-One Thousand, Nine Hundred Forty -Six and 001100 Dollars 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. 28 0 0 As a part of the obligation secured hereby, and in addition to the face amount specked in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by 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 7th day of July , 2006. PAVEMENT COATINGS COMPANY (Principal) Fidelity and Deposit Company of Maryland Name of Surety 801 N. Brand Blvd., Glendale, CA 91203 Address of Surety 800 347 -5679 Telephone MARSHA COOUDGE President Sseletary & CFO Authorized Signature/Ti Authori d ent Sigr atu e Lisa L. Thornton, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED F:lUsersTBMShared \Contracts \FY 05- 06105 -06 CITYWIDE SLURRY C- 38001CONTRACT C- 3800.doc 29 0 .... CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Orange On June 27, 2006 before me, Van P. Duncan, Notary Public,, personally appeared Marsha Coolidge personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. • 44414•• a41 •►►•••4444►4►►4►•►••4aa•4••►t VAN P. DUNCAN Z p COMM. #1375838 2 NOTARY PUBLIC - CALIFORNIA p �� • ORANGE COUNTY • NM ►IN•0 ► ►1101Mr C.=I -lon Ex :1ho- •T 2170 201 041 -• .444000.004 400 ►' vas- o(e- i�.. Van P. Duncan, Notary Public y` 0 0 CALIFORNIA ALL- PURPOSE ACFf IVMLE©GMENT State of California County of Los Angeles JUL 07 =+ On before me, Clarice Lee, Notary Public, personally appeared Lisa L.Thornton personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CLARICE LEE V) COMM. #1489447 Q © NOTARY PUBLIC - CALIFORNIA(A My LOS N CDIOrtI EXpIIBSJune 11, 0 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC January 18, 2007 Pavement Coatings Co, Inc. P.O. Box 1491 Cypress, CA 90630 Subject: 2005 -2006 Citywide Slurry Seal Program (C -3800) To Whom It May Concern On December 12, 2006, 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 December 14, 2006, Reference No. 2006000838196. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 08837351. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Michael Sinacori, P.E. encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax (949) 644 -3039 • www.city.newport- beach.ca.us 0 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3800 BOND .NO. 08837351 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to PAVEMENT COATINGS COMPANY, hereinafter designated as the "Principal," a contract for construction of 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM, Contract No. 3800 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. 3800 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Fidelity and Deposit Company of Maryland duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Four Hundred Seventy -One Thousand, Nine Hundred Forty-Six and 00/100 Dollars 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. Eli; 0 0 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 7th day of JulY , 2006. MARSHA COOUDGE � � President tart' & CFO PAVEMENT COATINGS COMPANY (Principal) Authorized Signatur ft-f. Fidelity and Deposit Company of Maryland Name of Surety 801 N. Brand Blvd., Glendale, CA 91203 Address of Surety 800 347 -5679 Telephone (AZd Agen ignature Lisa L. Thornton, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 i � _. °; 00 � � R�� IM 7f 0A'�'ALiL'P406SE�ACKNOINLEDGME 4 � � u*' ! �r k 4 State of California County of Orange On June 27, 2006 before me, Van P. Duncan, Notary Public, personally appeared Marsha Coolidge personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. oeeeoseooweseeeeeoeeaeaeeeooeeeoeoeoea4 VAN P. DUNCAN p COMM, #1375838 9 2 NOTARYPUBLIC - CALIFORNIA p 2 $~ ORANGE COUNTY FN Camm4don 6yIf" se t 21, 2008 e4000"01ee1e010eNNe10ee 0104 0W*0N Van P. Duncan, Notary Public Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, w ' set for& on the reverse side hereof and are hereby certified to be in full force and effect on the date here o d s 4 te, constitute and appoint Lisa L. THORNTON, of Los Angeles, California, its true an tto Fact to make, execute, seal and deliver, for, and on its behalf as surety, and ' d nndertaldugs, a� the execution of such bonds or undertakings in purl en upon said Company, as fully and amply, to all intents and purposes, ° e wedged by the regularly elected officers of the Company at its office in ns. This power of attorney revokes that issued on behalf of Lisa L. ° The said Assistant the extract set forth on the reverse side hereof is a true copy of Article V1, Section 2, of the By- , and is now in force. IN WITNESS OF, the said Vice - President and Assistant Secretary have hereunto subscd1W their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 41h day of August, A.D. 2003. ATTEST: 'tap MvOg�i i 1111 �_ State of Maryland 1ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND �,, A By: T. E. Smith Assistant Secretary Paul C. Rogers vice President On this 4th day of August, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. o� Dennis R. Hayden Notary Public My Commission Expires: February 1, 2009 POA-F 012J265C Q L!J LL1 Recorded in Official Records, Orange County RECORDING REQUESTED BY AND Tom Daly, Clerk- Recorder WHEN RECORDED RETURN TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1 IlIINIIIIIIIIIINIIIIIIIII NO FEE City Clerk 200600083819612:11 pm 12114/06 City of Newport Beach 102 4 N12 1 3300 Newport Boulevard 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 IT Newport Beach, CA 92663 P i "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Pavement Coatings Co, Inc. of Cypress, California, as Contractor, entered into a Contract on June 27, 2006. Said Contract set forth certain improvements, as follows: Citywide Slum Seal Program — FY2005 -2006 (C- 3800). Work on said Contract was completed on November 22, 2006, and was found to be acceptable on December 12, 2006, by the City. Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. r, Director ,rt Beach fV —` VERIFICATION r= I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on / 3. ?606 at Newport Beach, California. �►!�..�� City Clerk CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC December 13, 2006 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion (C -3826) Notice of Completion (C -3642) Notice of Completion (C -3800) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, MMC City Clerk Encls. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Pavement Coatings Co, Inc. of Cypress, California, as Contractor, entered into a Contract on June 27, 2006. Said Contract set forth certain improvements, as follows: Citvwide Slunv Seal Program — FY2005 -2006 (C -3800) Work on said Contract was completed on November 22. 2006, and was found to be acceptable on December 12, 2006, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. Director rt Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at New Beach, California. C 38oa 0 9 TO: CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 11 December 12, 2006 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Andy Tran, P.E. 949 - 6443315 or atran @city.newport- beach.ca.us SUBJECT: CITYWIDE SLURRY SEAL PROGRAM- FY2005 -2006 — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3800 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 one (1) year after Council acceptance. DISCUSSION: On June 27, 2006, the City Council authorized the award of the 2005 -2006 Citywide Slurry Seal Program contract to Pavement Coatings Company. The contract provided for slurry sealing selected areas at various locations throughout the City. Type 1 conventional slurry was applied to selected streets within the Newport Shores, West Newport Beach, Newport Terrace, Newport Heights, Anniversary Tract, Upper Bay, and China Cove areas. The contract has been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original Bid Amount: $471,946.00 Actual amount of bid items constructed: $416,871.95 Total amount of change orders: $10,852.20 Final contract cost: $427,724.15 The final overall construction cost, including one Change Order, was 9.4 percent under the original. bid amount. The Change Order, in the amount of $10,852.20, was for a City requested second mobilization, covering street parking signs, and additional • Citywide Slurry Seal- FY2005 -2006 - Completi& Acceptance of Contract No. 3800 December 12, 2006 Page 2 striping. Portions of this project were required to be completed prior to the start of the school year. However, a majority of the efforts needed to be done after the peak summer season, resulting in the second mobilization.. The total construction cost was $427,724.15. Other Project Costs: In addition to the primary construction contract, this project expenses from the following funding sources, Gas Tax Funds, Funds and Assessment District 69 project funds. Total summarized as follows: Construction. $ 427,724.15 Asphalt Materials $ . 9,307.49 Materials Testing $ 6,945.00 Construction Inspection $ 3,193.65 Incidentals $ 277.12 Total Project Cost $ 447,447.41 Environmental Review: involved other project Measure M Tumback project expenses are The project was exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines when the project was authorized by City Council. This exemption covers the repair, maintenance and minor alteration of existing public facilities in areas that are not environmentally sensitive. Funding Availability: Funds were expended from the following accounts for the project: Account Description Account Number Amount Measure M Turnback 7281- C5100858 $354,433.45 Assessment District 69 — Street Rehabilitation 74069 -9804 $52,452.70 Gas Tax 7181- C5100462 $20,838.00 Total: $427,724.15 The project was substantially completed by October 24, 2006, within the contract time allowed. However, difficulties with the striping subcontractors scheduling extended the project until November 22. Prepared by: Andy Tran, P.E. Associate Civil Engineer Submitted by: fh G. Badum Works Director Company Profile Pagel of 2 Company Profile FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER 1 SCHUAMSURG, IL 60196 -1056 800 - 382 -2150 Agent for Service of Process ANDREW K. PLATT, C/O ZURICH NORTH AMERICA 801 N. BRAND BLVD., 13TH FLOOR GLENDALE, CA 91203 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 39306 0212 2479 -4 January 01, 1982 UNLIMITED- NORMAL Property & Casualty MARYLAND Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the log_ ssar. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY Eu/X40 MISCELLANEOUS PLATE GLASS SPRINKLER http: // interactive. web. insurance .ca.gov /webuser /idb_co_prof utl.get_co_prof?p_EID =6217 06/15/2006 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, Newport Beach, CA 92663 until 10:00 a.m. on the 15th day of June, 2006, at which time such bids shall be opened and read for 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM Title of Project Contract No. 3800 $ 335,000 Engineer's Estimate by 'phen G. Badum is Works Director PLAN HOLDER LIST AVAILABLE ON CITY WEBSITE hftp://wvvw.city,newport- beach.ca.us CLICK: • Online Services • Public Works Contracts Bidding Prospective bidders may obtain one set of bid documents for $10 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 General "A" Contractor's License required for this project For further information, call Andy Tran, Project Enaineer at (949) 644 -3315 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3800 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS PAYMEMT BOND ................................. .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............:...............28 PROPOSAL................................................................................ ............................... PR -1 SPECIALPROVISIONS ................................. ......................................................... ..SP -1 K CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3800 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 CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES 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. The successful bidder's security shall be held until the Contract is executed. 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. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The 0 0 securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: http://www.gr)o.gov/davisbacon/ca.html 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 at 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. 303609 A & C -32 Contractor's License No. & Classification Pavement Coatings Co. Bidder 4r a�, (1,,e MARSHA COOLIDGE Authorized Signature/Title "- egWent Secretary & CFO 06 -15 -06 Date 4 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3800 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Bid Amount Dollars ($ 102 ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2005- 2006 CITYWIDE SLURRY SEAL PROGRAM, Contract No. 3800 in the City of Newport Beach, Is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 7th day of June, 2006. Pavement Coatings Co. Name of Contractor (Principal) Fidelity and.Deposit Company of Name of Surety ,�.MARSHA COOLIDGE Presi ent Authorized Signature/Title Secretary & CFO Maryla -. Authorf d Age t ignature 801 North Brand Blvd., Glendale' CA Address of Surety 91203 800 347 -5679 Telephone Lisa L. Thornton, Attorney in Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On JUN 07 M1 before me, M. Gonzales, Notary Public, personally appeared Lisa L. Thornton personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. e M. Gonzales Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Compset forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof nate, constitute and appoint Lisa L. THORNTON, of Los Angeles, California, its true Ent Fact to mate, execute, seal and deliver, for, and on its behalf as surety, and a eodertalungs, and the execution of such bonds or undertakings in purs g upon said Company, as fully and amply, to all intents and purposes, ° e edged by the regularly elected officers of the Company at its office in ns. This power of attorney revokes that issued on behalf of Lisa L. ° The said Assistant o t the extract set forth on the reverse side hereof is a WE copy of Article VI, Section 2, of the By- ° try, and is now in force. IN WITNESS OF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 41h day of August, A.D. 2003. rr111 i *vlliIIIIIIIIIIIIIIII State of Maryland 1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: T. E. Smith Assistant Secretary Paul C. Rogers Vice President On this 4th day of August, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saitb, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. �arvaaf Dennis R. Hayden Notary Public My Commission Expires: February 1, 2009 POA -F 012 -32650 11 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice- Presidents and Attomeys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaldng, recognizances, stipulatioffi, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do finther certify that the Vice- President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this day of JUN, 07'210W o (dlrl "v Assistant Secretory 0 0 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice- Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attomeys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recogaizmces, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in frill force and effect on the date of this certificate; and I do farther certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: '"that the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice- President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this day of Q I 2114lO, OU- 4ZA' " Assisiant Secretary 0 E CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On June 13, 2006 before me, Van P. Duncan, Notary- Public,, personally appeared Marsha Coolidge personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 211111111 N f 111111111111111N11111111H1N j VAN R DUNCAN 4 p COMM, #1375838 '2 ' NOTARY PUBLIC - CALIFORNIA p ORANGE COUNTY -` My Co Moran I Ira Spot 21, 2006 2 211N ►1N111111111111H11111 1111 111111N Van P. Duncan, Notary Public 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3800 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: SUdµqKgit CO. Address: )441 4ff-r 4Lv0A4<<Au rifnft Q92Tto✓ d� STQiii ✓ir A AHOV'r1 ' CIF G18o2 S o7 l�lp ANO rlOQKiNwS Phone: ilN'563 -��eS State License Number. -?5.2-316 7 Name: M C 5r12���N (Y Address: `] (07 (Al, S f02r toles of d?r- r�R�a,c� Qt�b2 CYLACK SF- Atrr(� � %y Phone: 9 m9— qi -3- o-?o3 State License Number. S-403167 Name: Address: Phone: State License Number. Pavement Coatings Co. Bidder G��A Authorized SignaturefTtl MARSHA COOLIDGE President Secretary & CFO CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3800 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name Pavement Coatings Co. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number 2005 -06 Slurry Seal- Various Locations Project Description Application of Slurry Seal at various local st. Approximate Construction Dates: From Agency Name City of Fullerton 08 -15 -05 To: 09 -12 -05 Contact Person Eric Egurrola Telephone ?l4) 738 -6856 Original Contract Amount $283 , 7 4IFinal Contract Amount $ 294,633.66 If fnal amount is dkferT1 fgr�r y Val pi o n n a gleaint%hh %nqes %qVg t"ra work, etc.) streets too s Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No 7 No. 2 Project Name /Number Project Description 0 0 Residential Street Slurry Seal (200516) Application of Slurry Seal- Various local st. Approximate Construction Dates: From 09 -12 -05 Tn,09 -26 -05 Agency Name_ City of Cypress Contact Person Mary Lazzara Telephone(714) 229 -6741 Original Contract Amount $171 , 74�inal Contract Amounts 185 ,465 .90 If final amount is different from original, pplease Project took sliqhtly more tonna n (change prders, xtra work, etc.) han estimated. Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If s, briefly explain and indicate outcome of claims. 0 No. 3 Project Name/Number Project Description 2005 Slurry Seal Application of Slurry Seal- Various local St. Approximate Construction Dates: From 09 -08 -05 Agency Name Town of Yucca Valley To: 09 -30 -05 Contact Person Dennis Armbruster Telephone(769 369 -6579 Original Contract Amount $ 264, 71Ainal Contract Amount $ 279 , 549 .20 Pr�ojie tuiookdifsigtfrt�y° m��rel '�ionnalih�ci%aen�et��xtra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If rs, briefly explain and indicate outcome of claims. 0 n E No. 4 Project Name /NumberPavement Surface Treatment- FY2004 -05 Project Description Application of Slurry Seal on various local st. Approximate Construction Dates: From 04 -28 -05 Agency Name City of Whittier Contact Person Alfredo Hernandez Telephone (565 464 -3522 Original Contract Amount $536 , 44`j inal Contract Amount $ 627,323.20 If final amount is different from original, please explain (change orders, extra work, etc.) Added work by change orders Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number Project Description Residential Slurry Seal Project Application of Slurry Seal Various local st. Approximate Construction Dates: From 07 -08 -05 Agency Name City of Torrance Contact Person John W i s z To: 07 -19 -05 Telephone(319 618 -6259 Original Contract Amount $ 174, 56Hinal Contract Amount $ 163,829.14 If final amount is different from original, please explain (change orders, extra work, etc.) Project took slightly less tonnage than estimated Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 6 Project Name /Number Fiscal Year 2003 -2004 Annual Slurry Seal Project Project Description Application of Slurry Seal on Varions local St. Approximate Construction Dates: From 09 -27 -04 To: 04 -25 -05 Agency Name City of Moreno.Valley Contact Person Peter Ramey Telephone ?51) 413 -3134 Original Contract Amount $1 •680. Final Contract Amount $ 1.882.839.10 If final amount is different from original, please explain (change orders, extra work, etc.) Added work by change orders Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Pavement Coatings Co. Bidder 10 Authorized Signature/TitleU MARSHA COOUDGS President Secretary & CFO 0 PAVEMENT COATINGS CO. Management/Supervision Team 0 Marsha Coolidge: Slurry Seal 26 years - President at Pavement Coatings Co. 23 years. .510 Responsible for entire operations of the company, insurance, bonding, bidding, personal matters, financial operations, equipment purchases, computer programs and maintenance. Various titles at Pavement Coatings Co. over the past 26 years. BA degree from Cal State University Long Beach and post graduate work at the University of Tennessee. Doug Ford: Slurry Seal 14 years — Vice President at Pavement Coatings Co. 12 years, Z S 9• slurry seal foreman at Pavement Coatings Co. 4 years. Responsible for all field operations, mechanic, purchasing, bidding, materials, scheduling work. Reports to the President. BA degree from the University of Arizona. Marc Munford: Slurry Seal 23 years - Slurry Seal foreman at Pavement Coatings Co. 11 years, various jobs at Pavement Coatings Co. 5 years, various jobs for other slurry seal 100% contractors 7 years. In charge of actual field work, oversees crew of 8. Interacts on a daily basis with agency /owner Works on equipment in the field as required, interacts with the public as needed. Reports to Vice- President. OR Bryan Boudreaux: Slurry Seal 14 years - Slurry Seal foreman at Pavement 10070 Coatings Co. 5 years, various jobs at another slurry seal company in Southern California 9 years. In charge of actual field work, oversees crew of 8. Interacts on a daily basis with agency /owner Works on equipment in the field as required, interacts with the public as needed. Reports to Vice - President. Van Duncan: Senior Estimator & Assistant to the President 1994 to Present. As NMACA Responsible for estimating both public and private work, develops stone water prevention programs, director of safety for the entire company, interacts with bonding company, provides customer service to agencies and the public at large. Reports to the Vice- President. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3800 NON - COLLUSION AFFIDAVIT State of California ) ss. Countyof Orange ) Marsha Coolidge , being first duly sworn, deposes and says that he or she is President of Pavement Coatings Co- , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Pavement Coatings Co. ar,4MARSHA COOLIDGE President Bidder Authorized Signaturerritle Secretary & CFO Subscribed and sworn to before me this 15 t h ��. l / � (�- ✓K.�¢._.1- Grp,¢,/ /y �r s i c Notary Public My Commission Expires: SFer,z I_smml, 11 day of June 2006. [SEAL] t ♦111111 I00000 111/N/11//100000" i VAN P. DUNCAN p W.. COMM. #1375838 2NOTARY PUBLIC - CALIFORNIA p ORANGE COUNTY My Commiaabn Expires Sept 21, 2006 211111111111111111111111.111 p11///111111N CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3800 DESIGNATION OF SURETIES Bidders name Pavement Coatings Co. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): Fedility and Deposit Company of Maryland 225 South Lake Ave. Ste 700 Pasadena, CA 91101 626/792 -5748 AON Risk Services (Agent) 213 - 630 -3200 707 Wilshire BLVD., Ste 6000, Los Angeles, CA 90017 12 CITY OF NEWPORT -BEACH PUBLIC WORKS DEPARTMENT 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3800 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Pavement Coatings Co. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2005 2004 2003 2002 2001 Total 2006 No. of contracts 15 55 73 82 115 347 Total dollar Amount of Contracts (in Thousands of $) 3077 4,403 5,702 5,376 5,386 5,198 128,542 No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 85 3 1 1 1 91 No. of lost workday cases involving 0 0 0 0 0 0 0 permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. 13 rl u Legal Business Name of Bidder Pavement Coatings CO. Business Address: P. 0. Box 1491, Cypress, 0 Business Tel. No.: 714/826-3011 State Contractor's License No. and Classification: 303609 A & C -32 Title President The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of �j, r — bidder ��t�! Date June Mth, Title President, Secretary & CF Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3800 ACKNOWLEDGEMENT OF ADDENDA Bidders name Pavement Coatings Co. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: a 15 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3800 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Pavement Coatings Co. Business Address: P. 0. Box 1491, Cypress, CA 90630 Telephone and Fax Number: 714/826 -3011 - 714/826 -3129 California State Contractor's License No. and Class: 303609 A & C-32 (REQUIRED AT TIME OF AWARD) Original Date Issued: 03 -03 -75 Expiration Date: 09 -30 -06 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Doug Ford, Vice - President, Manager The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Marsha Coolidge, President 714/826 -3011 Doug Ford, Vice - President 714/713 -7978 Corporation organized under the laws of the State of California 16 • • The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: None All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: None For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; None Have you ever had a contract terminated by the owner /agency? If so, explain. No Have you ever failed to complete a project? If so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes No Are any claims or actions unresolved or outstanding? Yes & 17 0 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. Marsha Coolidge (Print name of Owner or President of Corporation /Company) MARSHA COOLIDGt Pavement Coatings Co. laro�' �•C6� m President Bidder Authorized Signaturefritle V SWWary & CFO President, Secretary & CFO Title June 15th, 2006 Date Subscribed and swom to before me this 15th day of June _'2006. [SEAL] 18 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3800 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3800 CONTRACT THIS AGREEMENT, entered into this 0% day ofJU^L, 2006, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and PAVEMENT COATINGS COMPANY, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM The work necessary for the completion of this contract consists of: (1) distributing construction notices to affected businesses and residents, (2) clearing existing pavement surfaces of debris, soils, and other loose materials, (3) removing existing traffic striping, pavement markings, and raised pavement markers, (4) repairing selected portions of failed pavement, (5) placing emulsion aggregate slurry seal, (6) installing new traffic striping, pavement markings, and raised pavement markers, and (7) performing other incidental items of work necessary to complete the work in place. Contract No. 3800 WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows 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. 3800, 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. PRE 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 Four Hundred Seventy-One Thousand, Nine Hundred Forty-Six and 00/100 Dollars. 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: Andy Tran (949) 644 -3315 Pavement Coatings Company P.O. Box 1491 Cypress, CA 90630 714 - 826 -3011 714- 826 -3129 Fax 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 original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 21 0 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 0002 (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 0002 0287 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. 22 0 • 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, agents, 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, agents, 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. v. 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, agents, 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. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 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 23 0 0 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 direct 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 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. 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. 24 0 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. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. APPROVED AS TO FORM: A , C, ff C. Harp Assistant City Attorney 25 OF NEWPORT BEACH nicipal Corporation layor PAVEMENT COATINGS COMPANY By: &g iv `'! d-„ (Corporate }Officer) Title: prest � Print Name: i� By: r ql` (Financial Office Title: Ocr' Print Name: MA&o -A- GC'I "a.5e, 0 0 CALIFORNIA ALL - PURPOSE ACKNOV&E'D + iWt State of California County of Orange On June 27, 2006 before me, Van P. Duncan, Notary Public, personally appeared Marsha Coolidge personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. �IN{ {11{1 {{ N { {11 {N{111/11 N1111111111N VAN P. DUNCAN COMM. #1375838 EM 2 NOTARY PUBLIC - CALIFORNIA p 1 ORANGE COUNTY on -` My CCMMIR Exyima Sept 21, 2006 11 2NN11N 111111111N11111111`11111111111 NI' 1% a.,,., ry2t'- � Van P. Duncan, Notary Public 4CORQ CERTIFICA OF LIABILITY INSURA E DATE %220 ' PRODUCER (949)472 -6560 FAX (949)588 -8348 California Southwestern Insurance Agency License Number 0443354 21 Orchard Lake Forest, CA 92630 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Pavement Coatings Company & Bud's Sweeping, Inc. PO BOX 1491 Cypress, CA 90630 INSURERA: Scottsdale Insurance Company POLICYEXPIItATION DATE IMMI INSURERS: Topa Insurance Company INSURER C: GENERAL LIABILITY INSURER D: 12/31/2005 NSURER E: EACH OCCURRENCE nnveewr_ee THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 00' rypE OP INSURANCE POLICY NUMBER POLICYEFFECTWE POLICYEXPIItATION DATE IMMI LIMITS GENERAL LIABILITY BCS0011908 12/31/2005 12/31/2006 EACH OCCURRENCE a 1,000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,00 CLAIMS MADE O OCCUR MED EXP (Any one Person) $ exclude PERSONALS ADV INJURY $ 1,000,00 A X Contractual Incl. X XCU not Excl. GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG S 2,000,00 X POLICY PRO- JECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea acddent) $ BODILY INJURY (Per Person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per a =!dent) $ HIRED AUTOS NON- OWNEDAUTOS PROPERTY DAMAGE (Per @=!dent) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC AUTO ONLY: AGO $ ANY AUTO $ EXCESS/UMBRELLALIABILITY XLZ1655 12/31/2005 12/31/2006 EACH OCCURRENCE $ 11000,00 AGGREGATE $ 1,000,00 X OCCUR EI CLAIMS MADE $ B $ DEDUCTIBLE $ RETENTION $ C WORKERS COMPENSATION AND O WC STATU• TM- E.L. EACH ACCIDENT $ EMPLOYERS' LIASIU TY ANY PROPRIETOR/PARTNERIEXECUTIVE E.L. DISEASE - EA EMPLOYE $ OFFICER/MEMBER EXCLUDED? If yab. describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT It OTHER DPSCRIPTION OF OF TIONS I LOCATIONS I VEHIC IEXCL SIONS ADO BY ENDORSE NTI ECIAL PROVISIONS City, Its of cers, agents, o Tcia�s, employees ana volunteers are to be named as additional insured per attached CG2033 0704 & CG2037 0704 Primary and non - contributory wording & Waiver of Subrogation endorsements also apply and are attached. le 10 day written notice of cancellation for non payment of premium ncer,e,r wTC Lrn1 11C0 rAwlrFl I ATInM ACORD 26 (2001108) ®ACORb-G`ORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach Public Works Dept Attn : Shaun Lyn Oyler EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO AIL SUCH NOTICE SHALL IMPOSE NOOBLIGATION OR LIABILITY 3300 Newport Blvd. OF ANY KIND PO THE INSURER ITS GENTS OR REPRESENTATIVES. AUTHORIZED REFINES NNTA E C Newport Beach, CA 92663 ACORD 26 (2001108) ®ACORb-G`ORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) 0 POLICY NUMBER: BCS0011908 0 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or anization s : Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION ALL LOCATIONS WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT, EXECUTED PRIOR TO THE "OCCURRENCE" TO WHICH THIS INSURANCE APPLIES, THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for 'bodily injury' or 'property damage' caused, in whole or In pan, by 'your work' at the location designated and described in the schedule of this endorsement performed for that additional insured and included In the 'products- completed operations hazard'. CG 20 37 07 04 ® ISO Properties, Inc., 2004 Page 1 of 1 O Ag.nr. copy 0 E BCS0011908 COMMERCIAL GENERAL LIABILITY CG 20 33 o7 o4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured Is amended to include as an additional insured any person or or- ganization for whom you are performing opera- tions when you and such person or organization have agreed in writing In a contract or agreement that such person or organization be added as an additional Insured on your policy. Such person or organization is an additional insured only with re- spect to liability for 'bodily injury', 'property dam- age' or 'personal and advertising Injury' caused, in whole or In part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations for that additional insured are completed. The City of Newport Beach Its officers, agents, officials, employee's and volunteers Public Works Dept 3300 Newport Blvd. Newport Beach, CA 92663 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1, "Bodily injury", "property damage" or 'personal and advertising injury' arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or It. Supervisory, inspection, architectural or engineering activities. 2. 'Bodily Injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. That portion of 'your work' out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcon- tractor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 0 A ' SCI COTTSDALE INSURANCE COMPANY® E ENDORSEMENT NO. ATTACHED TO AND FORMING A PART OF ENDORSEMENT EFFECTIVE DATE NAMED INSURED AGENT NO. POLICY NUMBER (12:01 A.M. STANDARD TIME) BCS0011908 12 -31 -05 PAVEMENT COATINGS COMPANY & BUD'S 04710 SWEEPING, INC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies Insurance provided under the following forms: Additional Insured — Owners, Lessees Or Contractors — Automatic Status When Required In Construction Agreement With You (CG 20 33 07/04) The insurance provided by these endorsements shall be primary and noncontributory. AUTHORIZED REPRESENTATIVE UTS -39 -01 (3-92) DATE Policy Number: BCS0011908 CG 24 0410 93 Effective Date: 12/29/2005 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: (If no entry appears above, information required to complete this endorsement will be shown in the Dec- larations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any ri t of recovery we may have against the person or organization shown in the Schedule above because o payments we make for injury or damage arising out of your on oing operations or "your work" done under a contract with that person or organization and include dgin the products - completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 L3 CERTIFICAT&OF INSURANCE ISSUE2006E ,p'RODUCER � Cert#4455 SHIPKEY INSURANCE AGENCY, INC. P.O. BOX 3745 TUSTIN, CA 92781 (714) 838 -9225 FAX (714) 838 -9212 PAVEMENT COATINGS COMPANY THIS CERTIFICATE IS ISSUED ATA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I COMPANIES AFFORDING COVERAGE COMPANY A COMPANY B EMPLOYERS MUTUAL CASUALTY COMPANY P.O. BOX 1491 C CYPRESS,CA 90630 COMPANY D STATE COMPENSATION INS. FUND _ COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 0 TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM /DDIYY) POLICY EXPIRATION DATE (MWDDNY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY LAMS MADE F1 OCCUR. OWNER'S S CONTRACTOR'S PROT, GENERAL AGGREGATE s PRODUCTS -COMP /OP AGG. $ PERSONAL SADV INJURY $ EACH OCCURRENCE $ $ FIRE DAMAGE(Any One Fire) MED. EXPENSE(" One Person ) $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -0WNED AUTOS 0X81588 OCT 1 05 OCT 106 COMBINED SINGLE LIMIT $ 1 000()OQ BODILY INJURY (Per Person) S BODILY INJURY (Per AwiCeM) q PROPERTY DAMAGE S GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: EACHACCIDENT S AGGREGATE S EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE S AGGREGATE S D WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR! INCL PARTNERSIEXECUTNE OFFICERS ARE: x EXCL 046.04.8637 JAN 1 06 JAN 107 STATUTORY LIMITS EACH ACCIDENT B 1,000,000 DISEASE- POLICV LIMIT S 1,0()0,000 DISEASE -EACH EMPLOYEE -' g 1,000,000 OTHER DESCRIPTION OF OPERATIONS ILOCATIONSNEHICLESISPECIAL ITEMS , CONTRACT NO. 3800 CERTIFICATE HOLDER IS NAMED AS DESIGNATED INSURED PER ATTACHED ENDORSEMENT. 30 DAYS NOTICE COMPANY ELECTION EXCEPT FOR NON - PAYMENT WHICH IS 10 DAYS CERTIFICATE H6 CITY OF NEWPORT BEACH ATTN: SHAUNA LYN OYLER, PUBLIC WORKS DEPT 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. TIE ISSUING COMPANY WILL MAIL 30 DAYS l WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. � 4 PAVEMENT COATINGS CO. OX81588 . gyp THIS ENDORSEYCNT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modita insurance provkled under to tolkwvbdg: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With rasped to coverage provided by this endaraemant the provlsbns of the Coverage Form apply unless modified by " endorsement This endorsement Identlflee parsons) or oryanhation(s) who are inurods" under the Who Is An insured provision of the Coverage Form. This andonament dos not atter coverage provided In the Coverage Form. SCHEDULE Name of Person(a) or Organization(s); CITY OF NEWPORT BEACH ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS. 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92663 (N no entry appears atbowe, bdformstion required to cornpteta this endorsement will be shown In the DsClarationa or Schedule as applicable to M endorsement.) Each parson or orpardsalbn Mdlasted above M an '@eared' for Uablitiy Coverage. but only to the czars that parson or organt ollpn WaNMs as an "Insured' under to Who Is An Insured provision contaVded in Soadon 11 of to Coverage Form. The haurance provided to the persons) or cMwds &Nrj) shown In the Schedule Is primary insurance and we will not seek eontrrmdon from any other Insurance avenabis to t ud &insured.- WAUdes copyrighted Mass" of koff m g.rvioss t71 e% lom wftld ke pmmfsaton. Form CA7266 (Ed. 74n CopydvK Insurance Services OMloe. Mw.. Ices CERTHOLDER COPY SP STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08-21 -2006 GROUP. 000046 POLICY NUMBER: 0008637 -2006 CERTIFICATE ID: 238 CERTIFICATE EXPIRES: 01-01 -2007 01 -01- 2006/01 -01 -2007 CITY OF NEWPORT BEACH SP JOB:CONTRACT #3800 ATTN SHAUNA OYLER 3300 NEWPORT BLVD NEWPORT BEACH CA 92583 -3816 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy Period indicated. This policy is not subject to cancellation by the Fund except upon45 days advance written notice to the employer. We will also give you 45days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein Is subject to all the terms, exclusions, and conditions, of such policy. tTHnORZI REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - MARSHA COOLIDGE P S T - EXCLUDED. ENDORSEMENT #1600 - DOUG FORD VP. - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 05 -10 -2006 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2006 -06 -21 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER PAVEMENT COATINGS COMPANY CA CORP AND /OR BUD'S SWEEPING, INC. PO BOX 1491 CYPRESS CA 90530 INCT,CS] IREV.2 -051 PRINTED : 06 -21 -2005 JUL- 10-2006 13:16 FROM: rr TOW496443318 Fax #: & CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: -7 L_� /Ub DeptJContact Received From: �- Date Complated: /b 1710 Sent to: [L By: A/`A'4__ -,F� Company /Person required tc have certificate; crwl AA ii. A r 3. GENERAL LIABILITY AC jn. A. INSURANCE COMPANY: S C't - B. AM BEST RATING (A: VII or greater): C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes Q No . D. LIMITS (Must be $1M or greater): What is limit provided? (A i / 47t E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is It included? ffYm No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes ❑ No G. PRIMARY & NON -CONTRIBUTORY WORDING (Must be included): Is it included? ff Yes ❑ No H. CAUTIONI (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 I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY rr» P io rp UtA 62S-NA A- INSU RA NCE COMPANY: 7 u f B. AM BEST RATING (A: V1T or greater): 1 C, ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ches ❑ No D. LIMITS (Must be $iM min. BI & PO and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City Its officers, officials, employees and volunteers): Is it included? Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Ha lers only): Is it included? 7; ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. W. WORKERS' COMPENSATION A. INSURANCE COMPANY: B. AM BEST RATING (A: VU C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? HAVE ALL ABOVE REQUIREMENTS BEEN MET7 IF NO, WHICH REMS NEED TO BE COMPLETED? Ye Yes ❑ No ❑ No CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3800 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 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. 3800 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE TOTAL PRICE 1. Lump Sum Mobilization @ Dollars and ZE .ec Cents $ 1,900.00 Per Lump Sum 2. Lump Sum Traffic Control T& OOt- ' prieF TFau3a.✓n @F'1,1"gA Aw&FrysixDollars and Z£do Cents $ Per Lump Sum 3. 2,000,000 SF Type I Slurry Seal @ -7 J900 Dollars TAiarerA✓ and ywaee ekv.7-3 Cents $ 0.1373 $ 974,6[0, °o Per Square Foot • , , , PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Crack Sealing FeRr�e,.•e THetaitv/J @ 6-d-m -r i4wA, 6" Dollars and zE2o Cents $ y1,frEX�.od Per Lump Sum 5. Lump Sum Install Pavement Striping and Markings 9N C N'�t -M /l+E/J i f4G.v7� m TNeu §.r,✓O Nr N071 Dollars and xe�c Cents $ 1;k,99O.00 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS %�at'L` / .�Y//lr// sP ✓6.✓Ti r Aa l olt W r -1 of A uW �OAA-/J nwEwE Dollars and Cents $ Total Price (Figures) June 15th, 2006 Date 714/826 -3011 - 714/826 -3129 Bidder's Telephone and Fax Numbers 303609 A & C -32 Bidder's License No(s). and Classification(s) Pavement Coatings CO. Bidder MARSHA COOLtDGE ' President �cc l Ser_reta CFO Bidder's Authorized Sighbture and Title P. 0. Box 1491, Cypress, CA 90630 Bidder's Address F: \Users \PBW\Shared \ContractslFY 05- 06\05 -06 CITYWIDE SLURRY C-3800\PROPOSAL CJ80O.doc ' 1ITY OF NEWPORT BEACH Page: 1 of 1 PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3800 DATE: log. BY: City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. A. COVER 1. Delete "General "A" Contractor's License required for this project" and add "General 'W or "C-12" Contractor's License required for this project ". B. SPECIAL PROVISIONS 1. Section 7 -15: Delete "... General "A" Engineering Contractor's License ..." and add "... General "A" or "C -12" Engineering Contractor's License ... ". Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. PAVCYheVA- ('>0+ MARSPA dent�G ' Bidder's Na s Date MARSHA COOLIDGE Authbrized Signature & Bttle %crelary & CFO f :lusers\pbwlsharedlcontracts\fy 05 -06105 -06 dtywide slurry c- 38001addendum no t.doc License Detail Page 1 of 3 License Detail CALI.FORNLA_C-- NTRA_CTORS STATE LICENSE BOARD Contractor License # 303609 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and /or legal action information. • Per B &P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 06/15/2006 * * * Business Information * * * PAVEMENT COATINGS CO P0 BOX 1491 CYPRESS, CA 90630 Business Phone Number: (714) 826 -3011 Entity: Corporation Issue Date: 03/03/1975 Expire Date: 09/30/2006 * * * License Status * * * This license is current and active. All information below should be reviewed. http: / /www2.cslb.ca.gov /CSLB LIBRARY /License+Detail.asp 06/15/2006 E • License Detail * * * Classifications * * * KiiRi Description C32 PARKING AND HIGHWAY IMPROVEMENT GENERAL ENGINEERING CONTRACTOR * * * Bonding Information * * * Page 2 of 3 CONTRACTOR'S BOND: This license filed Contractor's Bond number 8821094 in the amount of $10,000 with the . bonding company FIDELITY.AND.DEPOSIT_COMPANY OF MARYLAND. Effective Date: 01101/2004 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) MARSHA LOUISE COOLIDGE certified that he /she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 10/1411993 BOND OF QUALIFYING INDIVIDUAL(2): This license filed Bond of Qualifying Individual number 08577186 for DOUGLAS MAX FORD in the amount of $7,500 with the bonding company • FIDELITY AND DEPOSIT. COMPANY OF MARYLAND. Effective Date: 04/02/2002 * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 046- 0008637 Effective Date: 01106/2000 Expire Date: 01101/2007 Workers Compensation History http: / /www2.cslb.ca.gov /CSLB LIBRARY /License+Detail.asp 06/15/2006 California Business Search Page 1 of 1 DISCLAMER: The information displayed here is current as of JUN 09, 2006 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation PAVEMENT COATINGS CO. Number: C0724948 Date Filed: 10/24/1974 Status: active Jurisdiction: California Address PO BOX 1491 CYPRESS, CA 90630 Agent for Service of Process RICHARD K CIRCUIT 1205 PROSPECT ST STE 400 LA JOLLA, CA 92037 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender', the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http:// kepler. ss. ca. gov/ corpdata/ ShowAIlList ?QueryCorpNumbet= C0724948 &printer =yes 06/15/2006 0 • 0 0 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2005.2006 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3800 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 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 5 UTILITIES 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6 -7 TIME OF COMPLETION 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 4 0 0 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 5 6 -11 SEQUENCE OF CONSTRUCTTON 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.6.1 Best Management Practices and Monitoring Program 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 7 7 -10.7 Notice to Property Owners 8 7 -15 CONTRACTOR'S LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 10 PART 2 - -- CONSTRUCTION MATERIALS SECTION 203 BITUMINOUS MATERIALS 10 203 -1 PAVING ASPHALT 10 203 -1.3 Test Reports and Certification 10 203.5 EMULSION- AGGREGATE SLURRY 203 -5.1 General 10 203 -5.2 Materials 10 203 -5.3 Composition and Grading 11 SECTION 214 PAVEMENT MARKERS 11 r-� U 0 214 -4 NONREFLECTIVE PAVEMENT MARKERS 11 214 -5 REFLECTIVE PAVEMENT MARKERS 11 PART 3--- CONSTRUCTION METHODS SECTION 300 EARTHWORK 11 300 -1 CLEARING AND GRUBBING 11 300 -1.3 Removal and Disposal of Materials 11 300 -1.3.1 General 12 300 -1.5 Solid Waste Diversion 12 SECTION 302 ROADWAY SURFACING 12 302 -4 EMULSION - AGGREGATE SLURRY 12 302 -4.3 Application 12 302 -4.3.1 General 12 302 -4.3.2 Spreading 12 302 -4.3.4 Application Testing 13 302 -5 ASPHALT CONCRETE PAVEMENT 13 302 -5.1 General 13 302 -5.4 Tack Coat 13 SECTION 310 PAINTING 13 310 -5 PAINTING VARIOUS SURFACES 13 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 13 310 -5.6.6 Preparation of Existing Surfaces 13 310 -5.6.7 Layout, Alignment and Spotting 13 310 -5.6.8 Application of Paint 14 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 14 312 -1 PLACEMENT 14 F: \Users\PBW\Shared \Contracts \FY 05- 06 \05 -06 CITYWIDE SLURRY C- 3800 \SPECS INDEX C- 3800.doc 0 • SP 1 OF 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3800 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5908 -L); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 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 businesses and residents, (2) clearing existing pavement surfaces of debris, soils, and other loose materials, (3) removing existing traffic striping, pavement markings, and raised pavement markers, (4) repairing selected portions of failed pavement, (5) placing emulsion aggregate slurry seal, (6) installing new traffic striping, pavement markings, and raised pavement markers, and (7) performing other incidental items of work necessary to complete the work in place." 2 -9 SURVEYING 2 -9.3 Survey Service. Existing street centerline ties and property corner monuments are to be preserved. The Contractor will be back - charged for the cost of restoring all survey ties and /or monuments damaged by the Work." 0 • SP2OF14 2 -5.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the City will restore the survey monuments at Contractor's expense. The restoration cost to the Contractor will include filing the required Record of Survey or Corner Records with the County of Orange. 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 • • SP3OF14 parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5--- UTILITIES 5 -2 PROTECTION. Add the following: "in the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, SBC Telephone, cable television, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer/storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at(949)718 -3402. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed'." No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. 0 • SP4OF14 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 Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 50 consecutive working days after the date on the Notice to Proceed. The Notice to Proceed will be issued no sooner than August 1, 2006. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1gt,t the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4t ", the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half day), December 25th (Christmas), and December 31st (New Year's Eve — half day). 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 8:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. 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 for supplemental inspection costs of $123.00 per hour when such time periods are approved. • • SP 5 OF 14 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 6 -11 SEQUENCE OF CONSTRUCTION. To minimize construction impacts by the beach areas during peak summer season, Newport Shores, West Newport and China Cove areas shall be the last order of work and constructed after Labor Day. Newport Upper Bay Estates (Anniversary Tract) shall be the first order of work. The remaining areas may be slurry sealed in any sequence. Each area shall be completed prior to moving to the next area. The sequence of construction shall be approved by the City prior to the start of work. SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 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 an $813 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." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, 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 any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at hftp://www.city.newport- beach.ca.us/pubworks/links.htm." • • SP6OF14 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 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 accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The • • SP7OF14 Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall 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. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 7 -10.4 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 install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's • • SP8OF14 Police Department at (949) 644 -3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. 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 -10.7 Notices to Property Owners. Ten working days prior to starting work, the Contractor shall deliver a construction notice to adjacent businesses and residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to adjacent businesses and residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 745 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" Engineering Contractor's License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 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. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built' plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. • SP9OF14 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 and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying adjacent businesses and residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Type I Slurry Seal: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to preparing the roadway surface, removing existing traffic striping and pavement markings, protecting raised pavement markers, placing application test, providing slurry test report, placing Type I Slurry, and all other work items as required to complete the work in place. Item No. 4 Crack Sealing: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to pavement clearing and cleaning, routing out the cracks, applying a soil sterility /weed killer solution, crack sealing the existing roadway with a hot - applied crack sealant, applying an asphaltic tack coat to the roadway and all other work items as required to seal all cracks within the project limits greater than 1/4 ". Item No. 5 Install Pavement Striping and Markings: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for removal of existing striping, installing pavement striping, markings, and protecting raised pavement markers. Striping on shall match existing conditions, and be • • SP 10 OF 14 sprayable thermoplastic. New raised pavement markers must be placed if the existing raised pavement markers are missing or damaged. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 203 - -- BITUMINOUS MATERIALS 203 -1 PAVING ASPHALT 203 -1.3 Test Reports and Certification. Replace this section with the following, "At least five (5) working 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 testing laboratory for mix evaluation." SECTION 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 Ethylene/Vinylacetate (EVA) synthetic rubber and dispersed in water to produce a cationic type quick- setting asphalt emulsion." 203 -5.2 Materials. Replace 1) with the following: "Emulsified Asphalt shall be of a quick set type. It shall be cationic unless otherwise specified and shall conform to the requirements of CQS -1 h of 203 -1.3 (Test Reports and Certification), 203 -3.2, and to the following specifications when tested according to appropriate ASTM Methods: Minimum Maximum Furol Viscosity at 77 degrees F sec. 15 50 Sieve Test 0.10 Residue from distillation. % 60 80 Penetration of Residue at 77 degrees F 40 75 Particle Charge Test Positive Replace 2) with the following: "ADDITIVES: 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 • • SP 11 OF 14 additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 2'/2 percent of weight of the emulsified asphalt. Latex - added emulsified asphalt shall be kept in a suspended state by an agitating mixer and mixed every three days. Materials testing shall be performed as directed by the Engineer." Replace in Table 203 -5.2 (B): Sand Equivalent shall range from a value of 55 to a value of 45." 203 -5.3 Composition and Grading. Replace Residual Asphalt percentage of Dry Aggregate Weight from a value of 7.5 minimum to 8.5 minimum. SECTION 214 - -- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non- reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: 'Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Sold Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at http: / /www. city. newport- beach.ca. us /GSV /Frachised %20Haulers.htm." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. • • SP 12 OF 14 The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Approximate area of removal and replacement is 10,000 square feet." 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 - -- ROADWAY SURFACING SECTION 302 -4 EMULSION- AGGREGATE SLURRY 302 -4.3 Application 302 -4.3.1 General. Add to this section; "Type I slurry shall be applied at the rate of 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." Each slurry crew shall be composed at a minimum of: • A coordinator (at the project site at all times) • A competent quick -set mixing person • A competent driver • Two squeegee people • And sufficient laborers for any handwork and cleanup' 302 -4.3.2 Spreading. Replace the second sentence of the first paragraph with, "The maximum speed of the slurry machine shall not exceed 45 meters per minute (150 feet per minute)" 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 the • • SP 13 OF 14 Contractor's expense and no additional compensation shall be made by the City. Upon the completion of the day's slurry, street or parking lot shall be temporary stripped. Final stripping shall be installed no more than ten (10) working days after placement of slurry." Replace the first sentence of the third paragraph with, "Prior to the slurry 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: "Upon the Engineer's direction, the Contractor shall slurry seal test sections within the construction limits for each batch of slurry mix. The Contractor shall apply the slurry test sections as directed by the Engineer. 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 contract price paid for slurry seal and no additional compensation shall be made by the City to the Contractor." 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used for surface caps shall be III -C3 -AR -4000. The A.C. for base course shall be III -132 -AR -4000. All cracks '/< -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot - applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1J12 inches of asphalt shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS-1h asphaltic emulsion at a rate not to exceed one — tenth (1110) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 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." 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 • • SP 14 OF 14 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. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary 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 temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. 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 not replace raised pavement markers until fifteen days after the application of the pavement or slurry." FAUSerS\PBMShared \Contracts\FY 05. 06\05 -06 CITYWIDE SLURRY C- 3600 \SPECS C- 3800.doc JOHN WAYNE VICINITY MAP NOT TO SCALE OPROJECT AREAS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2005 -2006 CITYWIDE SLURRY SEAL PROGAM NIA nl0 APPROVED V4jj •4. 5/17/06 PRINCIPAL TF< ENGINEER DATE R.C.E 46214 IDATE S/17/,, ISCALE N.T.S ISHT 1 OF 8 1 AT z\ ` ;{ (� LIMITS OF TYPE I SLURRY SEAL f J A q[ /vo y CEDAR �ST1 t - E x', �} w ocFgN NEWPORT SHORES AREA CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2005 -2006 CITYWIDE SLURRY SEAL PROGAM No. 46214 Ezp. 12 -91 -08 APPROVED -l' 5/17/06 PRPR CI�ENGINEER DATE R.C.E 46214 DATE 5/17/06 SCALE N.T.', DRAWN AT I Ci -3800 Py O��P.,� Ji�p � I � >✓�� ^ O 5� I t u '•� hrO �'S ~11Jj i { Eiji t;�i �St �O -.v ' � . _ R [< n.�r� COAST NSW AN e • „. -' •- ,,,� ♦L^ � b fZ� r �. v J \ \. sG�:�l� l %� ' Ka _ ! i- ,Y •i �\vr Sew rtx�` iB , ?�T -1 �r� nU''d d' � .•��J���•r., �.._; wx a0 .� A`4 2t� �i, rf�✓� a � a $ L�S�i� #�SSa'a, � ^,�.�1 \J;.D��r7i 2' ° ri`•4�r�i. 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J It Z/ '� /• fJ /! -a N 1 ANNIVERSARY TRACT 2MFES910�� gJn,"i� CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2005 -2006 CITYWIDE SLURRY SEAL PROGAM No. 46214 Exp. 12 -91 -06 APPROVED ^'7.�.�� •� 5/17/06 PR CIPAI ENGINEER DATE R.C.E 46214 7/06 N.T.S 6 AT C -3800 R -5! �I of0 „� � y `s yr r f�! yr ! A �•• , - AL gsr 'ePy ,✓ �,\ 9AYVIEW OR ./ / I C� — 7 UPPER BAY AREA LIMITS OF TYPE I SLURRY SEAL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2005 -2006 CITYWIDE SLURRY SEAL PROGAM ! / , wJ J' / 1 l f R 'w\ ry E S - a - - N A 0 V 0 i No. 40214 Exp. 12 -91 -00 APPROVED " 5/17/06 PRPR C ENGINEER DATE R.C.E 46214 (DATE 5 /17 /06I1CALE N.T.S ISHT 7 OF 8 I AT i `fir' -'•.\ � ,, r A J/ {' \ ` , 'S �. `',\ rn 41/ \ \a / If CHINA COVE AREA 'm 31 LIMITS OF TYPE I SLURRY SEAL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2005 -2006 CITYWIDE SLURRY SEAL PROGAM No. 46214 Exp. 12 -91 -e6 APPROVED 5/17/06 PR C c ENGINEER DATE R.C.E 46214 DATE 5/17/06 SCALE N.T.S SHT 8 OF 8 DRAWN AT I C -3800 R- 5908 -L ! A, rn 41/ \ \a / If CHINA COVE AREA 'm 31 LIMITS OF TYPE I SLURRY SEAL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2005 -2006 CITYWIDE SLURRY SEAL PROGAM No. 46214 Exp. 12 -91 -e6 APPROVED 5/17/06 PR C c ENGINEER DATE R.C.E 46214 DATE 5/17/06 SCALE N.T.S SHT 8 OF 8 DRAWN AT I C -3800 R- 5908 -L x-31 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 19 June 27, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE FROM: Public Works Department Andy Tran M1 2'i 1 r; 949 -644 -3315 or atran @city.newport- beach.ca.us SUBJECT: 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM - AWARD OF CONTRACT NO. 3800 RECOMMENDATIONS: Approve the plans and specifications. 2. Award Contract No. 3800 to Pavement Coatings Company for the Total Bid Price of $471,946, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 10:00 a.m. on June 15, 2006 the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Pavement Coatings Company $370,512* 2 American Asphalt South, Inc. $535,000 3 Doug Martin Contracting Company, Inc. $571,200 * Corrected Bid Amount is $471,946 The corrected low total bid amount is 40.9 percent above the Engineer's Estimate of $335,000. The difference between the low total bid amount and the Engineer's Estimate is mainly attributed to the following reasons: 1. Cost of oil has increased, leading to an increase in the price of asphalt concrete by approximately 30% in the last 2 months 2. Cost of aggregate will increase July, 2006. This increase is reflected in the contractor's bid price. 3. The specifications require contractors to install new striping within 24 hours after removal of existing striping. Therefore, the contractor will need to mobilize its striping equipment more frequently. The low bidder, Pavement Coatings Company, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities. 0 0 Citywide Slurry Seal Program FY 2005 -06 - Award of Contract No. 3800 June 27, 2006 Page: 2 The project involves clearing existing pavement surfaces of debris, soils, and other loose materials, removing existing traffic striping, pavement markings, and raised pavement markers, crack sealing, placing conventional Type 1 slurring seal, installing new traffic striping, pavement markings and raised pavement markers. Pursuant to the Contract Specifications, the Contractor will have 50 consecutive working days to complete the work. In addition to the contract costs, $12,000 in geotechnical and material testing services is estimated for this project. The square footage of slurry seal was conservatively estimated. Therefore, a contingency is not included with this contract. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Public Notice: The Notice Inviting Bids was construction industry publications the contractor with City prepared their area. Funding Availability: advertised in the City's official publication and in Affected residents and businesses will be advised by notices ten days and two days prior to starting work in There is sufficient funding for this project in the following accounts: Account DescriRtion Account Number Amount Measure M Turnback Citywide Slurry Seal 7281-05100858 $400,000. .. Assessment District 69 Street Rehabilitation 74069 -9804 $ 63,108 Gas Tax — Citywide Slurry Seal 7181-05100462 20,838 Total: $483,946 Proposed uses are as follows: Vendor Pavement Coatings Company ............. LaBell Marvin ... Prepared by: Andy Tran, P.E. Associate Civil Engineer Attachments: Project Location Map Bid Summary Purpose Amount Construction Contract $471,946 Materials Testing 12.0 00 Total: $483,946 . ............................... Submitted by: Works Director 0 0 0 JOHN WAYNE AIRPORT CITY OF \,2p COSTA MESA j:q > CITY OF VICTORIA Si IRMNE ------ — ------- ........... . Alzrx 'y UPPER --- , RSITY NEWPORT. � 14 0, BAY Z. M 17TH I ' ST". 7 < 4�( Nt$ 15TH ST V.- ------ J;� ........... W -x EWPORT, 4- 4* N "Ac/plc Ocem 4. CN, �3' LOCATION MAP NOT TOY-STKE 0 PROJECT AREAS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2005-2006 CITYWIDE SLURRY SEAL PROGAM APPROVED DATE DATE 6/15/061 SCALE N.f.S JIHT 1 OF 1 DRAWN AT I C-3800 I R-5908-L CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: 2005 -2006 Citywide Slurry Seat Program BID LOCATION: City Clerk's Office - City Hall CONTRACT NO.: C -3800 DATE: 06115/2006 TIME: 10:00 AM ENGINEER'S ESTIMATE: $335,000.00 BY: Andy Tran CHECKED: DATE: PROJECT MANAGER: Andv Tran As -Bid Amount $370,512.00 0 t: lusersl *redlcontractl00- 011181D SUMMARY .xls . 1101 *age 1 Engineers Estimate Pavement oatings Co. American As halt South, Inc. Doug Martin Contracting Company, Inc. ITEM DESCRIPTION QUANTI UN17 UNIT I AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 1 Mobilization 1 LS $40,000.00 $40,000.00 $8,000.00 $8,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 2 Traffic Control 1 LS $50,000.00 $50,000.00 $25,556.00 $25,556.00 $40,000.00 $40000.00 $35,000.00 $35,000.00 3 Type I Slurry Seal 2,000,000 SF $0.10 $200,000.00 $0.14 $274,600.00 $0.16 $31600.00 $0.15 $300,000.00 4 Crack Sealing 1 LS $20,000.00 $20,000.00 $41,800.00 $41,800.00 $38,000.00 $38,000.00 $38,900.00 $38,900. 5 Install Pavement Striping and Markings 1 LS $25,000.00 $25,000.00 $121,990.00 $121,990.00 $142,000.00 $142,000.00 $192,300.00 $192,30 EE $335,000.00 LOW $471,946.00 2ND $535,000.00 3RD $571,200.00 As -Bid Amount $370,512.00 0 t: lusersl *redlcontractl00- 011181D SUMMARY .xls . 1101 *age 1