Loading...
HomeMy WebLinkAboutC-4086 - 2008-2009 Citywide Slurry Seal Program0 CITY OF NEWPORT BEACH CITY CLERK 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 26th day of March, 2009, at which time such bids shall be opened and read for 08 -09 CITYWIDE SLURRY SEAL Title of Project Contract No. 4086 $640,000 Engineer's Estimate by Stephen G. Badum Public Works Director 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 Contractor License Classification required for this project. "A." For further information, call Alfred Castanon, Protect Manager at (949) 644- 3314 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: htti)://www.city.newport-beach.ca.us CLICK: e- onlineservices /e- bidPublicWorks 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 08 -09 CITYWIDE SLURRY SEAL CONTRACT NO. 4086 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 BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND..... ........................................................................ 28 PROPOSAL................................................................................ ............................... PRA SPECIAL PROVISIONS ................................................................. ...........................SP -1 ra 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 08 -09 CITYWIDE SLURRY SEAL CONTRACT NO. 4086 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 BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 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 quantifies indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available 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). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 303609 A ; C -32 Contractor's License No. & Classification Pavement Coatings Co. Bidder DOUG FORD President Authorized Signature/Title Date CITY OF NEWPORT BEACH PUBLIC. WORKS DEPARTMENT 08-09 CITYWIDE SLURRY SEAL CONTRACT NO. 4086 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 Amount aid Dollars ($ 10% of Amt Bid _), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of .08-09 CITYWIDE SLURRY SEAL, Contract No. 4086 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 fads to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original Insurance cerlificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the marling 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 19th day of March, 2009. Pavement Coatings Co. Name of Contractor (Principal) First Natioddl Insurance Company of America Name of Surety 120 Vantis, 1st Floor Aliso Viejo, CA .92656 Address of Surety (949) 860 -6612 Telephone Richard L. Wells, Attorney�In,Fact Print Name and Title (Notary acknowledgment of Principal S Surety must be attached) 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ..... >,: v,:v.•r�...:.c <;: y,.av!�i.> 1v.:.> at,?s'.Sa .:>cf....via� . ,:+.• �<..�t...., 1.a.6.is.:3s a >.:> ms.:.✓ .•�.r :c� State of California County of Riverside On 03_9�_no before me, Patricia J. Lewis, Notary Public et' if e 9 Here Insert Name and Tore of fie OKicer personally appeared 111111111N111111 ►11111111111 /11111 ►1111 ►1► PATRICIA J. LEWIS COMM. 41581340 K �.. NOTARY PUBLIC - CALIFORNIA p ORANGE COUNTY -� I► W Commm9lon Etpires MAY 22. 2409 1 ..N..1' ° ♦1N1111111 ►•11111 ►11111111111117 Van P. Duncan who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature �" "^""�– `T d--� Place Notary Seal Above Signature of Notary PubliC OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer— Title(s): • Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGMTTHU M BPRINT OF SIGNER Number of Pages: Signer's Net ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER v.w <c✓�.��+:r:`. :•rc" «✓ <'o<�a �%'�ti.titi .yea<'r �:n��. "✓ .y.'.v �oe�,<c:�cr¢� '.i .r�z <•w<� -r .wc��. <C✓:'y:-:�t��'v • <rr �a: :rr: KNOW ALL BY THESE PRESENTS: POWER OF ATTORNEY No. 10053 0 Fist National Insurance Company of America 1001 4th Avenue Suite 1700 Seattle, WA 98154 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint * * * * * * * * * * *' *SUZANNE ADAMS; TED ADAMSON; LYNN A. BEIMER; RICHARD L. WELLS; Brea, CA * * * * * * **" * * * * *** its true and lawful atlorney(s)-in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 15th day of January 2009 �Xor Dexter R. Legg, Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as aftorneys -m -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (it) A copy of the power -of- attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of- attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 19th day of March 2009 O ^PO SEAL �r9 �f n� 19 2 B'�.o ;' Dexter R. Legg, Secretary dim eryysP ���� 5 -0049 /DF 1109 Safeco® and the Safeco logo are registered trademarks of Salem Corporation. WEB PDF .. • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California County of Orange On March 19. 2009 betore me, Lynn A. Beimer. Notary Public Date Hare Insert Name and Title of the Officer personally appeared Richard L. Wells Name(s) of Sgrier(s) who proved tome on the basis of satisfactory evidence to be the personk whose name(Vdi?are subscribed to the within instrument and acknowledged to me that I e he /they executed the me in 49her /their authorized capaclty(ies-}; LYNN A. 6EIMER and that by is er /their signatures "n the instrument the ComMISSIC n # 1781026 person or the entity upon behalf of which the person) ' QW- Notary Public - Collfornic acted, executed the instrument. Orange County corr"''0 re- - - - - I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ^� Pleca Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: Cl Individual ❑ Corporate Officer — Title(s): ❑ Partner Signer is Representing: Top of Numb here Number of Pages: Signer's Name: • Individual • Corporate Officer — Title(s): • Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Top of Numb here Number of Pages: Signer's Name: • Individual • Corporate Officer — Title(s): • Partner Signer is Representing: • Limited • General ❑ Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: Best's Rating Center - Com y Information for First National Ins�nce Co of ... Page 1 of 2 Center np• view Ratings Financial Strength Issuer Credit $ecuri8es Advanced Search I Industry Research i acei4u uwra nalu;yal First National Insurance Co of America Press Releases a rx e.e; a: ezua NAIG* 2w472A FUN # V10 7Q144 Related Products 1) Address: Safety Plaza, 1001 Fourth Avanue Seattle, WA 98154 i Best's Ratings Phone: 2O6 -545 -5000 FaX 20""3 -8773 Web: wwwsafecocom Industry 8 Regignet Cour dry Risk;.`_ - -- W- Linked securities HOW Get- Rated- Financial Strength Ratings View Definitions to Rating: A(Excellent) Contact Anal Affihabon Code: p (Pooled) an y Si. Financial Size Category: %V ($2 Billion or greater) Outlook: stable Action: Affirmed Efteclive Date: October 01, 200a OIM1e• Web Cemen r rm :,se,o isse%roeurowi.wn•. w;n.w. opeb •e e.xni.m.aaaymi,..una, ondomp oa�aalarea�urvi•mee•e Issuer Credit Ratings View Definitions Long -Term a Outlook: Stable Achon: Downgraded Data October 01, 2008 . Denotes Under Review Ratings. See rating definitions. Reports and News Visit our NewsROOm for the latest news and press releases for this company and its A M Best Group. p AMB Credit Rosen - Insurance Professional (Unabridged) (formerly known as Best's Company Report) - includes Best's Fin; rationale along with comprehensive onalydcal commentary, detailed business overview and key brands' data s 'r Repo" Revision Date: 1010112008 (represents the latest significant Change). `- Hmiaical Reports are available m AMB Credit Report Insurance Professional (Unabridged) Archive Best's Executive Summary Reports (Financial Overview) - available in three versions, mesa presentation style reports feature balance a (- V: key financial performance fens including profitability. ligwdity and reserve analysis. Data Status: 2009 Bests Statement File - PIC, US. Contains data compiled as of 4/1/2009 (As Received) a Single Company -five years of financial data specifically an this company. a Comparison side by bids financial analysis of his company will a peer group of up to five other companies you select. I Composite - evaluate this companes financials against a peer group composite. Report displays both the average and total composite group AMB Credit Report - Business Professional - provides three years of key financial data presented with colorful charts and tables, Each re 'r= latest Bears Ratings, Rating Rationale and an excerpt horn our Business Review commentary. ` Data Status: Contains data compiled as of 4/112009 (As Received). Besl's Key Rating Guide Presentation Repo" - includes Best's Financial Strength Rating and financial data as provided in Best's Key Ra Data Status: 2007 Financial Data (Quality Cross Checked). Financial and Analytical Products Best's PmpenyiCasualty Center Premium Data & Reports Best's Key Rating Guide PIC, US & Canada Bears Statement Poe - PIC, US Best's Statement File Global Best's Insurance Reports - PIC, U$,& Canada Best's State Line - PIC, US Best's Insurance Expense Exhibit (IEE) - PIC. US Bests Schedule F (Reinsurance) - PIC, US Best's Schedule D (Municipal Bonds) - US Bast's Schedule 0.lCOmmon Stocks) - US Best's Schedule D (Preferred Stocks) - US Best's Schedule P (Loss Reserves) - PIC. US Best's Schedule D - Hybnd - PIC & UH, US Bests Schedule D (Corporate Bonds) - US Customer Service I Produyt 5uppprt I Moralsr Center I Contact Info I Careers About A.M. Best I Site Map I Pnvacy Policy I Securfty I Terms of Use I Legal & Licengn9 http: / /www3.ambest.com/ ratings /fullprofile.asp ?ambnum= 2446 &URATI NG I D =84... 04/02/2009 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 08 -09 CITYWIDE SLURRY SEAL CONTRACT NO. 4086 DESIGNATION OF SUBCONTRACTORS) 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 Soecifications 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: Address: fpypy GY$Ip PaRT�o,./ e-F AorCrt ACS bu r? 6tt � g r f B G I o-F S t R 1,01 r` 6- ryAQrCr /6) �-30p JC r Phone: 41 ff k 5V Y1? l �% FTR < ✓E 9 y r �r N� t rt a R rC av� State License Number: Name: GLDygL RoRrO Address: 3Yl KLAHarr+ O& e/tnc14 WfrSi �2cr4762 C#4 SEsrc�r� (�e Phone: i [ f S2 3 ©Y+{ 5 State License Number: 7S7 0' Name: Address: 041-7 iro Phone: State License Number: Pavement Coatings Co. Bidder DOUG FORD _ Prpgidpnt Authorized Signature/Title 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 08 -09 CITYWIDE SLURRY SEAL CONTRACT NO. 4086 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll 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 2006 -07 Slurry Seal Project (8340) Project Name /Number Project Description Type II Slurry Seal Approximate Construction Dates: From Agency Name 06 -27 -07 Town of Yucca Valley Contact Person Duane Gasaway Telephone (760) 369 -7207 Original Contract Amount $223,645 Final Contract Amount $ 237 ,653. If final amo nt is diffedent film original, please explain (change orders, extra work, etc.) Change r er 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. 0 0 No. 2 Project Name /Number 2007 Residential Slurry Seal (6200731) Project Description Type I & Type II Slurry Seal Approximate Construction Dates: From 10 -05 -07 Agency Name City of Torrance To: 10 -19 -07 Contact Person Henry Completo Telephone (3117) 618 -3058 Original Contract Amount $2-53-4 0 Final Contract Amount $ 248,961. If final amount is different from original, please explain (change orders, extra work, etc.) Deleted & Added by Chahqe Order #1 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. 3 Project Name /Number Slurry Seal of Streets 2007 Project Description Type I & Type II Slurry Seal Approximate Construction Dates: From 11 -27 -07 Agency Name City of Pasadena To: 01 -22 -08 Contact Person Elvin Jiang Telephone tb26) 744 -6912 Original Contract Amount $389,983 Final Contract Amount $ _361._383._ If final amount is different from original, please explain (change orders, extra work, etc.) City Deleted Quantities 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 T No. 4 Project Name /Number Project Description • 2007 -08 Slurry Seal Project Type II Slurry Seal Approximate Construction Dates: From Agency Name Contact Person City of Aliso Viejo Angel P. Fuertes 0 05 -28 -08 06 -19 -08 T -. Telephone (949) 425 -2533 Original Contract Amount $496,326 Final Contract Amount $,_526,778. If final amount is different from onginal, please explain (change orders, extra work, etc.) Change Order #1 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 No. 5 Project Name /Number Slurry Seal & Cape Seal Phase II Project Description Type II Slurry Seal Approximate Construction Dates: From Agency Name Contact Person City of Duarte Steve Esbenshade 05 -08 -08 05 -28 -08 Telephone e26) 357 -7931 Original Contract Amount $395,741 Final Contract Amount $ 364,515. If final amount is different from original, please explain (change orders, extra work, etc.) Reduce & Added by Change order #1 Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, brierfloy explain and indicate outcome of claims. 11 E 0 No. 6 Project Name /Number 2007 -08 Slurry Seal Various Location (SP3638) Project Description City of Oran Approximate Construction Dates: From 07 -30 -08 Agency Name Contact Person City of Orange Alan Troung 1: Telephone ( 711 744 -5544 Original Contract Amount $509,932 Final Contract Amount $ 509,932. If final amount is different from original, please explain (change orders, extra work, etc.) 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. 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. DOUG FORD Pavement Coatings Co. Z�"President Bidder Authorized Signature/Title 12 Pavement Coatings Co. 10240 San Sevaine Way, Mira Loma, CA 91752 Ph #: 714/826 -3011 Fax #: 714/826 -3129 Contractors License Number 303609 Management /Supervision Team Marc Mumford: Slurry Seal 24 years — Slurry Seal Superintendent at Pavement Coatings Co. 19 years, various jobs at Pavement Coatings Co., worked for other slurry seal contractors. In charge of actual fieldwork, oversees multiple crews. Interacts on a daily basis with agency /owner, works on equipment in the field as required, and interacts with the public as needed. Report to the President on a daily basis. 1' Bryan Boudreaux: Slurry Seal 18years — Superintendent at Pavement Coatings Co. 8 years, various jobs at other Slurry Seal company in Southern California 12 years. In charge of actual fieldwork, oversees multiple crews. Interacts on a daily basis with agency /owners, works on equipment in the field as required, and interacts with the public as needed. Report to the President daily. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 08 -09 CITYWIDE SLURRY SEAL CONTRACT NO. 4086 NON - COLLUSION AFFIDAVIT State of California ) ss. County of Riverside ) Doug Ford being first duly sworn, deposes and says thaLhLor she is President of Pavement Coatings Co. , the parry 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 I fomia that the foregoing is true and correct. Pavement Coatings Co. DOUG FORD Bidder Authorized S gnature /Title President Subscribed and swom to (or affirmed) before me on this 25th day of March 2009 by Doug Ford , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. (SEAL) t•••••• a •.•.••.•.....•..•.•..•.,•••••.. PATRICIA J. LEWIS COMM. #1581340 2 NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY 13 7- Notary Public My Commission Expires.. 05 -22 -09 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 08 -09 CITYWIDE SLURRY SEAL CONTRACT NO. 4086 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): First National Insurance Company of America 120 Vantis, lst Floor, Aliso Viejo, CA 92656 949/860 -6612 Smith, Newman & Adamson Insurance Agency 1800 East LAmbert Road #215, Brea, CA 92821 714/257 -9644 Ventura Pacific Insurance Service 26487 Rancho PArkway, Lake Forest, CA 92630 949/297 -4900 14 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 08 -09 CITYWIDE SLURRY SEAL CONTRACT NO. 4086 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. 15 Current Record Record Record Record Record Year of for for for for for Record 2008 2007 2006 2005 2004 Total 2009 No. of contracts 3 62 47 73 65 65 315 Total dollar Amount of Contracts (in 423 11936 8519 5686 6661 5707 38,932 Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 1 85 3 89 No. of lost workday cases involving 0 0 0 0 0 0 0 permanent transfer to another job or termination of employ ment 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. 15 0 0 Legal Business Name of Bidder Pavement Coatings Co. Business Address: 10240 San Savaine Way. Mira Ioma,C_91752 Business Tel. No.: 714/826 -3011 State Contractor's License No. and Classification: 303609 A C -32 Title 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 bidder Date Title Signature of bidder Date 3 -,2 _ Yl1IV t. vurv�.rl�y Title Asst. becretary 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. 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 08 -09 CITYWIDE SLURRY SEAL CONTRACT NO. 4086 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: Addendum No. Date Received Si natur 1 3 -19 -09 D President 17 03/19/2009 THU 16:31 FAX CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 2008 -2009 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 4086 DATE: March 19, 2009 BY: Director TO: ALL 2001/001 Page: 1 of 1 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 "'A" or "C -12" Contractors License required for this project". B. SPECIAL PROVISIONS 1. Section 7 -15: Delete "... General "A" Engineering Contractors License ..." and add "... General "A" or "C -12" Engineering Contractors 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. Pavement Coatings Co. Bidder's Name (Please Print) > Date DOUG FORD President Authorized Signature & Title i:luserslpbvAsharedlcontractslfy 08 -09108-09 citywide sluny seal c40881addendum no tdoc 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 08 -09 CITYWIDE SLURRY SEAL CONTRACT NO. 4086 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: 10240 San Sevaine Way, Mira I9ma, rA 91759 Telephone and Fax Number: 714/826 -3011 714/826 -3129 California State Contractor's License No. and Class: 303609 (REQUIRED AT TIME OF AWARD) Original Date Issued: 03 -03 -1975 Expiration Date: 09 -30 -Tn 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: Marc Mumford, Superintendent 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 Doug Ford President P. 0. Box 1266 714/826 -3011 Riverside, �A 92602 121 Main Street Richard Gove Secretary Rivarairla, CA a9501 951/346-1809 Corporation organized under the laws of the State of Cal i forni a 18 0 0 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; None Briefly summarize the parties' claims and defenses; N/A 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 labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes No Are any claims or actions unresolved or outstanding? Yes "& 19 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. Pavement Coatings Co. Bidder On 03 -25 -09 personally appeared Doug Ford (Print name of Owner or President of Corpor ompan Authorized Signature/Title DOUG FORD Title --�'-Z�;_°`i Date before me, Douq Ford Patricia J. Lewis , Notary Public, who 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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SEAL) Notary Public in and for said State My Commission Expires: 05 -22 -09 ♦ •N•• •••••• N 1N11.1 •••NII ••11 ►•►INN PATRICIA J. LEWIS Q COMM. #1581340 2 NOTARY PUBLIC . CALIFORNIA p 0 ORANGE COUNTY -' MY CmMisdon E`pims MAY 2212M i••NI• •••1 ►11►•N ►•11••11•••1.1111.1 0 0 RESOLUTION OF BOARD OF DIRECTORS OF PAVEMENT COATINGS COMPANY RESOLVED, That all officers of the Company (being the President, Douglas Ford; the Secretary, Richard Gove; the Assistant Secretary, Van P. Duncan; and the Treasurer, Bernard Hale) are hereby authorized and empowered to enter into contracts, sign bid documents and otherwise execute agreements in the normal course of business and upon such terms and conditions as may be agreed by the Company and the counterparty (ies). I, Doug Ford, do hereby certify that I am the duly elected and qualified President and keeper of the records and corporate seal of Pavement Coatings Company, a corporation organized and existing under the laws of the State of California, and that the above is a true and correct copy of a resolution duly adopted at a meeting of the Board of Directors thereof, convened and held in accordance with the Bylaws of said Corporation on the 130' day of June, 2007, and that such resolution is now in full force and effect. IN WITNESS WHEREOF, I have affixed my name as President and have caused the corporate seal of said Corporation to be hereunto affixed, this 25"' day of March, 2009. Doug Ford, President Pavement Coatings Co. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 08 -09 CITYWIDE SLURRY SEAL CONTRACT NO. 4086 CONTRACT THIS AGREEMENT, entered into this3ay of 2009, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Pave ent Coatings Co., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 08-09 CITYWIDE SLURRY SEAL 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) placing emulsion aggregate slurry seal, (5) installing new traffic striping, pavement markings, and raised pavement markers, and other incidental items of work necessary to complete the work in place. 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. 4086, 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. PA 0 0 C. COMPENSATION As full compensation for the perfon-nance 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 Sixty-Three Thousand, One Hundred and 00 /100 ($463,100.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Alfred Castanon (949) 644- 3314 Pavement Coatings Co. 10240 San Sevaine Way Mira Loma, CA 91752 (714) 826 -3011 (714) 826 -3129 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and rip or to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at anytime. 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 Pal agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code, in addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. 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. 24 0 0 6. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. City, its elected or appointed 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 elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. 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. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b) 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. Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. 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. 25 0 0 7. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 8. 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. G. 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 active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in G.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 26 H. 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. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. 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. ATTEST: CLERK APPROVED AS TO FORM: ynett . Be c mp Assistant City Attor CI A CONTRACTOR By: (Corporate Officer) Title: DOUG FORD President Print Name: Officer) Title: -rYe.SUY[I^ Print Name: Sertmral P&/e. Please note: Corporations must complete and sign both places above even if each office is held by the same individual 27 0 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 08 -09 CITYWIDE SLURRY SEAL CONTRACT NO. 4086 BOND NO. 6481044 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of Califomia,.by motion adopted, has awarded to Pavement Coatings Co., hereinafter designated as the "Principal," a contract for construction of 08 -09 CITYWIDE SLURRY SEAL, Contract No. 4086 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. 4086 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, First National Insurance Company of America duly authorized to transact business under the laws of the State of Califomia, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of Four Hundred Sixty -Three Thousand, One Hundred and 001100 ($463,100.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 28 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 onto 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 9th day of April 2009. Pavement Coatings Co. (Principal) First National Insurance Company of America Name of Surety 120 Vantis, 1st Floor Aliso Viejo, CA 92656 Address of Surety 949 - 860 -6612 Telephone Authorized Signature DOUG FORD President Richard L. Wells, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l County of 1 It V6 t2$ I De 1} On A1a121L W, tOA9 before me, /N¢i D e ^ Here Inaert Name nA TNe of the Olfiwr ' personally appeared 17 Oct � tc g g ' Names) of Sig-,(a) who 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 Zee+ aeaoeeeeeeoeeeoeoeeeeeseeeeoeeeeeeeee= he /she/they executed the same in his/her/their authorized 3 wKw VAN DUNCAN � capacity(ies), and that by his/her /their signature(s) on the p COMM. #1689434 9 instrument the person(s), or the entity upon behalf of NOTARY PUBLIC - CALIFORNIA V which the person(s) acted, executed the instrument. ORANGE COUNTY I e IF.y Cammimiut Expau SEPTEMBER rt, =010 e iesoeere eeeee »eeeeeeeeaeeeeeeeeee►eeeeeZ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and oofficial al. Place Notary Seel Above Signature - Signature / , NMary Publk � OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: L41rett o– MA7�/1nALS 15aN✓i Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHU67RPRINT GF SIGNER Signer's Name: • individual • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER R,%AANWWAV �vt'v5'v�.`C; ' ✓4 \: ✓i " / "v:'v:'✓ _ vS�.v�L�\v 0 0 POWER First National Insurance Company of America 1001 41h Avenue M OF ATTORNEY Suite 1700 Searle, WA 98154 KNOW ALL BY THESE PRESENTS: No. 10053 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint * * * *** * **"*SUZANNE ADAMS; TED ADAMSON; LYNN A. BEIMER; RICHARD L. WELLS; Brea, CA*" " ***** * * " "" its true and lawful attorney(s)4n-fact, with full authority to execute on behalf of the company fidelity and surely bonds or undertakings and other documents of a similar character Issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such Instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 15th day of January 1 2009 �lw* Dexter R. Legg, Secretary Timothy A. Mikolejewski, Vice President CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint Individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company In the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By -Laws, and (it) A copy of the power- cfahomay appointment, executed pursuant thereto, and (iii) Certifying that said power-of- attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of AUomey issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full fame and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation S- 1049fDF 1109 this 9th day of April 2009 VIA AkIl Dexter R. Legg, Secretary Safety® and the bafeoo logo are reglelered tredemarxs of Sefeco Corporation. WEB PDF 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California l County of Orange J} On April 9, 2009 before me, Lynn A. Beimer. Notary Public Dale Here Imam Name and Title of the Ohl= personally appeared Richard L. Wells Namels) of Si natle) who proved to me on the basis of satisfactory evidence to be the personkwhose name*/are subscribed to the within instrument and acknowledge to me that(!!§�ihe /they executed the same in toer /their authorized capacity(ies), and that by Is er /their signaturesN on the instrument the LYNN - - - - person(�or he entity upon behalf of which the person' Commission # 1781026 acted, executed the instrument. s Notary Public - California Orange County = I certify under PENALTY OF PERJURY under the laws of corm" Dec16,2o11 the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature i�7 ////Z�/? Place Notary Seal Above signature of Notary Pudic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner Signer is Representing: thumb here Number of Pages: Signers Name: ❑ Limited Individual ❑ General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: thumb here Number of Pages: Signers Name: ❑ Individual ❑ Corporate Officer- Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact Top of Numb her ❑ Trustee C3 Guardian or Conservator ❑ Other: Signer is Representing: 0 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 08 -09 CITYWIDE SLURRY SEAL CONTRACT NO. 4086 BOND NO. 6481044 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,834.00 being at the rate of $ 6.12 per 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 Co., hereinafter designated as the "Principal ", a contract for construction of 08 -09 CITYWIDE SLURRY SEAL, Contract No. 4086 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4086 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and First National Insurance Company of America , 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 Sixty -Three Thousand, One Hundred and 001100 ($463,100.00) lawful money of the United Slates 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. 33 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 Surety above named, WHEREOF, this instrument has been duly executed by the Principal and on the 9th day of April , 2009. DOUG FORD President Pavement Coatings Co. (Principal) Authoriz79,yf /' //// /First National Insurance Company /l of America c Name of Surety Authorized Agent Signature 120 Vantis, 1st Floor Aliso Viejo, CA 92656 Address of Surety 949 - 860 -6612 Telephone Richard L. Wells, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST SE ATTACHED Oil E CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .�:.ASC.:>.n> � >e9,t <+>.- �,.a..as,:a>.:a .�c;^av:� s»a� A.,s>;a.•!' a a •s� :n .a aiasa<,.:� T >- n.,- ..s,.v,:a. to :,o...� a .asc�<,.:a.!:.a• a . � State of California County of (Z1 UEf251 >)'eF On 14611 j ! `t.1cr-z% before me, V,4r/ ��yb4/ C Here nser Name at= r personally appeared fe 0 Name(s) of Slgnar(s) 4#4004 00000000064 0104000000011000 #4 00440#40 Y VAN P. DUNCANCOMM. #1669434 NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My Goad bn Erpvea SEPTEMBER 21, 2010 0 ►000100000040 ►00000001►0►10 who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature ha V 4-1, Sgoawre of Notary Public 1 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ?j6dld::i5'X rL ,4-sit 'e vio,v/> Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer —Title(s): — ❑ Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 0- Number of Pages: Signer's Net D Individual D Corporate Officer — Title(s): D Partner — D Limited ❑ General ❑ Attorney in Fact D Trustee • Guardian or Conservator • Other: Signer Is Representing: I '(/A,/ 'vu' ✓'v: a „mot ry -m:v '�rd -v:vcar`yrr.- vcvr:� r..:r� -a<' er<- a• rtC� <-e,..;�.urca <v- or��. ✓ro.:.Ti •arm . ,A 0 `!'S "afie'co KNOW ALL BY THESE PRESENTS: POWER OF ATTORNEY No. 10053 0 First National Insurance Company of America 1001 4th Avenue Suite 1700 Seattle, WA 99154 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ADAMS; TED ADAMSON; LYNN A. BEIMER; RICHARD L. WELLS; Brea, CA * * * * *'"**"- " * ** its true and lawful attorney(s }in -fact, with full authority to execute on behalf of the company fidelity and surely bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by Its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 15th �X* Rrkjj day of January Dexter R. Legg, Secretary Timothy A. Mikolajewski, Vice President 2009 CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character Issued by the company in the course of its business... On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By -Lava, and (ii) A copy of the power- of- attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is In full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I. Dexter R. Legg . Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 9th day of April 1 2009 SEAL s Rr? 4192Bc °`�^t Dexter R. Le . ar,wx0 _.L 99, Secretary S- 10491OF 1109 SaMCCA and ale Seem logo are registered trademarks of Sefeco Corporation. WEB PDF 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California County of Orange On April 9. 2009 before me, Lynn A. Balmer, Notary Public Date Here Insert Name Mot n1a of Ina Offiwr personally appeared Richard L. Wells Name(s) of Signar(s) LYNN A. BEIMER CommISslon # 1781026 .'s Notary Public • California € Orange County MVCarM&PkWD8c1620I1 who proved to me on the basis of satisfactory evidence to be the personXwhose namep)(�[Rare subscrib d to the within instrument and ac owledged to me that le he /they executed the me in "S. er /their authorized capacity4es), and that b iWer/thelr sgnatures,(.�'on the instrument the person,(:8�' or the entity upon behalf of which the person(,$jt; acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature�� //� Plate Notary Seal !Wore AnMuro of Notary PuNit OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner Signer is Representing: Number of Pages: Signer's Name: • Individual • Corporate Officer — Title(s): • Partner ❑ Limned ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: • Individual • Corporate Officer — Title(s): • Partner Signer is Representing: ❑ Limned ❑ General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: r ACORD. CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDIYYYY) 09/19/09 PRODUCER LIC 40DID299 .1-945-297-4900 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION venture Pacific insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 7 Rancho Parkway South ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Forest, CA 92630 INSURERS AFFORDING COVERAGE {NAIC# ED INSURERA-INTERSTATE FIRE & CAS CO :22829 sent Coatings Company - - - -- - - °— — mSURERB:EMPLOYERS MBT CAS CO 21415 0 San Sevaine Ln---------- '- ^� - - -_ I MSURERQ Loma, CA 91752 .INSURERD. fA�VJyeldNl' 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 ADD' —T POLICY NUMBER POLICY EFFECTIVE p POLICY EXPIRATION D LIMITS A 1 GENERALLIABILITY SGLI001514 10/01/08 10101109 EACHDCCURRENCE $1,000,000 MERCIALGENERgL LIABILITY ! _ A GE O E TED PRE MISES(Eaoccurence _ $50,000 _ 11-7011 CLAIMSMADE �OCGUR i MEDEXP(Anyone Person) PERSONAL& ADV INJURY $1, ODD, 000 GENEftgI AGGREGATE $2,000,000 _ GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG I $2,000,000 POLICY PRO JECT 1 ; LOC B AUTOMOBILE LIABILITY OX81588 10/01/08 10101109 COADIVEDSINGLE LIMIT $1,000,000 ANYAUTO (Eaacodem) ALL O WNED AUI OS I BODILY' I+� BCHEOULED AUTOS ` CCI 4NC 6'2'��1 L' li JIY I $ /Per Person) ,_,__...__�_ ._— ..___ .............. III X HIRED AUTOS 1 X NON -OWNED AUTOS _ INJURY (Pela Menq $ -- WW DATE RISK MANA ER .9 PEERRTY�AMAGE $ 'SUABILITY AUTO ONLY. EA ACCIDENT $ �ANYAUIO OTHERTHAN EAACC S. i I AUTOONLY qGG$ E%LESSfUMBRELLA ALIA LIABILITY 1—. r EACHOCCURRENCE .$ •_•�___.. ..._ -- ..... ...... I OCCUR I CLAIMSMADE I AGGREGATE $ i ... $ ... _.. .. DEDUCTIBLE 1 RETENTION 3 I $ WORKERS COMPENSATION AND I EMPLOYERS' LIABILITY { 1ORYLIMIT � ER f TORY LIMITSJ_ _ ER ANY PROPMETOJRARI NEWEXECUTNE { �ELEACHACCIOENT $ 'OFFICERIMEMBEREXCLUDEOi ELDfSEA$E-EAEMPLOYEE $ 111.6,d86Cdbe.Mel _ , SPECIAL PROVISIONS UWm E.L. DISEASE POLICY LIMIT ' $ OTHER B Equipment Floater IOX815BB 10/01/08 10/01/09 .Contractors Equip 1,180,017 Leased /Rented 250,000 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS 10 Day Notice of Cancellation for Non Payment of Premium. Project: 08 -09 Citywide Slurry Seal Contract NO.4086 City of Newport Beach, its elected or appointed officers, agents, oEE icials, employees and volunteers are to be covered as additional insureds as respects liability arising out of the activities performed by or on behalf of Contractor or automobiles owned, leased, hired or borrowed by Contractor. City of Newport Beach Public Works Dept Alfred Castanon 3300 Newport Boulevard 9ewport Beach, CA 92663 USA ACORD 25 (2001/00) cmckinley 11614209 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER MLL 01MLXYA1rYY6 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 0 0 POLICY NUMBER, SGL1001514 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIA8ILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Any person or organization for whom you are performing operations 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. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Insurance shall be Primary and Not Contributing with any other insurance maintained by the Additional insured. Z 6 ��' RISK MANAGER DA CG 2010 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 ❑ 0 0 Commercial Auto THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the followin �,: ii tiri(ehL �h BUSINESS AUTO COVERAGE FORM ZC GARAGE COVERAGE FORM RISK MANAGER MOTOR CARRIER COVERAGE FORM n t TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. Name of Person(s) or Organization(s): SCHEDULE City of Newport Beach, its elected or appointed officers, agents,officials,employees and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations or Schedule as applicable to this endorsement.) Each person or organization indicated above is an "insured" for Liability Coverage, but only to the exent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II of the Coverage Form. The insurance provided to the person(s) or organization(s) shown in the Schedule is Primary Insurance and we will not seek contribution from any other insurance available to that "insured." Includes copyrighted material of Insurance Services Office, Inc. with its permission. Form CA7266 (Ed. 7 -97) Copyright, Insurance Services Office, Inc., 1996 0 CERT NO.' 4761473 CLIENT CODE PAVEN-1 Lisa Elder 4/8/2009 2:08:OS PH Page 1 of 3 c , i ;-5 -V i- Oa ks (rneriddi") 4/8/2009 Protlucer THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Bolton & Company 245 S. Los Robles Ave., Suite 105 Pasadena, CA 91102 THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER (626) 799-7000 0008309 wwwboltonco.com A INSURER Arch Insurance Company R Insured INSURER Pavement Coatings Company, Inc. C INSURER 10240 San Sevaine Way Mira Loma CA 91752 D INSURER E 09, N 4P iW! 1z - EF FBs sat W., .-P 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. POLICY POLICY INSR LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE Do/yY LIMITS GENERAL LIABILITY EACH OCCURRENCE S FIRE DAMAGE (A., COMMERCIAL GENERAL LIAB CLAIMS MADE ROCCUR M90 EXP (An, one Person) PERSONAL & ADV INJURY S GENERAL AGGREGATE $ GEN L AGG LIMIT APPLIES PER PRUOUCTS-COMP/OP AGG S $ POLICY r-'lPROACT n LUC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ BODILY INJURY kwil, Po $ ALL OWNED AUTOS SCHEDULED AUTOS SURANCE OILY INJURY IF, HIRED AUTOS 4DAT NOW-OWNED AUTOS sriarrdl $ RISK MANA( ER PROPERTY DAMAGE (Par r�.da-tj $ GARAGE LIABILITY AUTO ONLY. EA ACCIDENT OTHER THAN EA ACC RANY AUTO AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE S -�OCCUR FICLAIMS MADE AGGREGATE DEDUCTIBLE Is .$ B WORKERS' COMPENSATION & EMPLOYERS' LIABILITY ZAWC19129700 111/2009 10/112009 VISTATUTORY LIMIT I IDTHER EL EACH ACCIDENT $ 1.000000 EL I EL DISEASE - POLICY LIMIT is IIQQQIQQQ DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY END ORSEMENASPECIAL rKVVINUTC, Evidence of Insurance Coverage Only WC Waiver of subrogation applies per attached form. Job: 08-09 Citywide Slurry Seal - Contract No: 4086 t. CEL*L*A-rlomgp:;:'�;,i��.-.�',��.,.::;���, Contract No: 4056 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Newport Beach Public Works Department 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE. 3300 Newport Boulevard SENTATIVES. - IQ Days tarftn�.Yaem.f Pnarsi.ra. Newport Beach CA 92663 AUTHORIZED REPRESENTATIVE William A. Lewis C, WARM AT CERT NO.' 4761473 CLIENT CODE PAVEN-1 Lisa Elder 4/8/2009 2:08:OS PH Page 1 of 3 • • 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 -S (7/97) created at www.e CertsONUNE.COm CENT HO.: 4761471 CLIENP CODE: PAV6M -1 Liaa Elder 4/8/2009 2:08:05 P Page 2 or I 0 0 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 05 (Gd. 4-84) WAMR OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA This endorsement changes the policy to which 8 is atleched effective 9n the inception date of the paticy unless a diirorentdale Is indicated below. (Thefollou)ng "eltaoNng clause need be 4ompleted a* vmanft endersemml b hued subseVat to Keparatlan of the polcy.) This endorsement, vffecllve on 10/1/2008 P0110y No, ZAwc191200O ISSaed iR Pavement Coatings Company, Inc. Policy Period 1/1/2009 to 1011/2009 Premium $ INCLUDED at 12 :01 AA sEpndard time, forms a part of Endorsement # Authorized Ra (fr a ta, ve We have the right to recover our payments from anyone liable for an I*ry covered by ibis policy. We Md not erdorce our right against the person or organization named in the Sr hadule. {This agreement applies only to the extent that you perform work under a w tten contract that requires you to obtain ibis agreement from us.) You must maintain psyrall records aocurately segregating the remuneration of your employees while engaged In Om mark described In dte Schedule, The additional premium for this endorsement shall be 0 % of the California workers' compensation premium otherwise due on such mmunerallon. Schedule Penton or Drganiration ALL PERSONS AND /OR ORGANIZATION$ THAT HWUIRE BY WRITTEN CONTRACT OR AGREMMr WITH THE INSURED, EXECUTED PRIOR TO 7HE ACCIDENT OR L0SS, THAT A WAIVER DF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON ANINOR ORGANIZATION WC 64 U3 n6 (6d.4�" CERT NO.: 4361913 CLIENT CODE: PGVeN -1 Lisa Elder 418/2005 2:MOS PA Page 3 of 3 Job Description IA" % DA IISK VAid ?1GEF. V / Page 1 df 4 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: 4/21/2009 Dept. /Contact Received From: Shauna Oyler Date Completed: 4/22/2009 Sent to: Shauna Oyler By: Jennifer King Company /Person required to have certificate: Pavement Coatings Company I. GENERAL LIABILITY A. INSURANCE COMPANY: Interstate Fire & Casualty B. AM BEST RATING (A: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1M or greater): What is limit provided? $lNW$2MM/$2MM E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ 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? ® Yes ❑ No 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 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. 1I. AUTOMOBILE LIABILITY A. B. C. A INSURANCE COMPANY: Employers Mutual Casualty AM BEST RATING (A: VII or greater) A -: XI ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? LIMITS (Must be $1M min. BI & PD 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? F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ►5 ■ $1,000,000 �4 : ■ ❑ 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. 0 0 1I1. WORKERS' COMPENSATION A. INSURANCE COMPANY: Arch Insurance Company B. AM BEST RATING (A: VII or greater): A: XV C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No GL — Please have the agent confirm if the Allianz (Interstate) paper they are using is Admitted or Non - Admitted. if it is Non - Admitted, this will have to be a business decision by Risk Management if this will be acceptable Auto — Please have the agent sent a copy of the Additional t n/✓�� Insured Endorsement for the Automobile Coverage IF NO, WHICH ITEMS NEED TO BE COMPLETED? Quest - Business License Ap10tion Page 1 of 1 Business License Application - eReceipt Tuesday, April 14, 2009 Welcome Doug logout I edit profile 4/14/2009 Congratulations Doug! Your Business License Application has been submitted and your payment has been received. Your application will now be reviewed by a staff member and then approved accordingly. Please wait 10 business days to receive your Business License Certificate via Postal Service. You may login to Quest at any time to view the status of your request. Receipt No: 171540145 Business License #: BT30027593 Total Amount: $227.00 Please help us improve our services: Take, d 30 second Survev View requests Please print this receipt for your records. City of Newport Beach - 3300 Newport Blvd - Newport Beach - California - 92663 https: / /www5. city. newport- beach.ca.usl quest _toolbus_licenselreceipt.aspx ?receipt = 17154... 4/14/2009 California Business Search • • Page 1 of 1 Ca %ifio,�.�n ►a :u�s�uless I'or�al �iyfc) tr,��,tlf `tsttY. 3�ERR�� Bt7 \VETV DISCLAIMER: The information displayed here is current as of MAR 27, 2009 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 5312 CYPRESS ST. CYPRESS, CA 90630 Agent for Service of Process RICHARD WALLACE GOVE 7077 CAPRICE WAY RIVERSIDE, CA 92504 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 /S howAi I List ?QueryCorpN u mber= C0724948 &pri... 04/02/2009 Check a License or Home IWvement Salesperson (HIS) Regi*ion - Contr... Page 1 of 2 Department of Consumer Affairs 4 . Contractors State Li a oard Contractor's License Detail - License * 303609 & DISCLAIMER: A license status check provides information taken from the CSLB license database. 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 database. License Number: Business Information: Entity: Issue Date: Expire Date: License Status: Classifications: Bonding: 303609 PAVEMENT COATINGS CO 10240 SAN SEVAINE WAY MIRA LOMA, CA 91752 Business Phone Number: (714) 826 -3011 Corporation 0310311975 09/3012010 Extract Date: 04102/2009 This license is current and active. All information below should be reviewed. CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR C32 PARKING AND HIGHWAY IMPROVEMENT CONTRACTOR's BOND This license filed Contractors Bond number 8821094 in the amount of $12,500 with the bonding company FIDELITY AND DEPOSIT COMPANY OF MARYLAND. Effective Date: 01/01/2007 Contractors Bonding History BOND OF QUALIFYING INDIVIDUAL 1. This license filed Bond of Qualifying Individual number 6481024 for DOUGLAS MAX FORD in the amount of $12,500 with the bonding company FIRST NATIONAL INSURANCE COMPANY OF AMERICA. Effective Date: 04/02/2008 BQI's Bonding History This license has workers compensation insurance with the ARCH INSURANCE COMPANY NAIC °'.N= e°- -= - °�¢gv`. -5 ,,, _ __ Check a License or Home Iwvement Salesperson (HIS) Regist ion - Contr... Page 2 of 2 Workers' Compensation: Policy Number: ZAWC19129700 Effective Date: 01/01/2009 Expire Date: 01 /01 /2010 Workers' Compensation History _......__... ...._._.... --___..._... _.................._......_ —... _ ....... .........._...... ._..... Personnel listed on this license (current or disassociated) are listed on other licenses. Conditions of Use I Privacy Policy Copyright © 2009 State of California hftps: / /www2. cslb. ca. gov/ OnlineServices ICheckLicense /LicenseDetai1.asp 04/02/2009 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 2008 -2009 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 4086 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. 4086 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 ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @ Dollars and ztW_ Cents Per Lump Sum 2. Lump Sum Traffic Control 770677A-y rwAfe_ ��ia slur O @ ouc kw�rYA6�9 Dollars and Zee,) Cents Per Lump Sum 3. 4,000,000 S.F. Type I Slurry Seal @ Zee o Dollars and Clbp r /o,Nr' rw c) Cents Per Square Foot $ 9,00a.00 $ R3,100,O6 $ 3,z E, oeo. a d 0 0 PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Crack Sealing R�Y J5-I&AT Thou snrYn @ rwe M wo/,w/0 Dollars and Zcao Cents $ S5-200, ©d Per Lump Sum 5. Lump Sum Install Pavement Striping and Markings Fbcry F& u ✓[ TNe u s>w✓) @ /°ebH7- ay,,ongaDollars and 7- 6 Cents $ 41/ "0, 0 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS F69Q Hwpgarc,3 ;FuaxT#0cE rHou 54e-ey Dollars 0 and z evc c) Cents $ 3, (6 Total Price (Figures) March 26th, 2009 Pavement Coatings Co. 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) Bidder DOUG FORD President Bidder's Author' ed Signature and Title MNVUAR,IeXa�M1 ay Bidder's Address Bidder's email address: dford @pavementcoatings.com Last saved by srooks03 /0612009 10:45 AM f luserslpbvAshared\contractslfy 08-09108-09 citywide slurry seal o-40861proposal c- 4086.doc 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 08 -09 CITYWIDE SLURRY SEAL CONTRACT NO. 4086 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 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 4 4 0 0 6 -9 LIQUIDATED DAMAGES 6 -11 SEQUENCE OF CONSTRUCTION SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.6 Water Pollution Control 7 -8.6.1 Best Management Practices and Monitoring Program 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access 7 -10.2 Storage of Equipment and Materials in Public Streets 7 -10.3 Street Closures, Detours, Barricades 7 -10.4 Public Safety 7- 10.4.1 Safety Orders 7 -10.5 "No Parking" Signs 7 -10.7 Notice to Residents and Temp Parking Permits 7 -15 CONTRACTOR LICENSES SECTION 9 MEASUREMENT AND PAYMENT 9-3 PAYMENT 9 -3.1 General 9 -3.2 Partial and Final Payment PART 2 - -- CONSTRUCTION MATERIALS SECTION 203 BITUMINOUS MATERIALS 203 -5.2 EMULSION - AGGREGATE SLURRY 203 -5.2 Materials SECTION 214 PAVEMENT MARKERS 214-4 NONREFLCETIVE PAVEMENT MARKERS 214-5 REFLECTIVE PAVEMENT MARKERS PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 4 5 5 5 5 5 6 6 6 6 7 7 7 7 8 8 8 8 9 10 10 10 10 10 10 11 11 11 Last saved by srooks03 /06/2009 10:45 AM F \users\pbw\shared\wnb acts \fy 08- 09 \08 -09 citywide slurry seat c- 40861.cpecs index c- 4086.doc 0 0 SECTION 302 ROADWAY SURFACING 11 302-4 EMULSTION- AGGREGATE SLURRY 11 302 -4.3 Application 11 302 -4.3.1 General 11 302 -4.3.2 Spreading 11 302 -4.3.4 Application Testing 11 SECTION 310 PAINTING 12 310-5 PAINTING VARIOUS SURFACES 12 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 12 310 -5.6.7 Layout, Alignment and Spotting 12 310 -5.6.8 Application of Paint 12 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 13 312 -1 PLACEMENT 13 Last saved by srooks03 /06/2009 10:45 AM F \users\pbw\shared\wnb acts \fy 08- 09 \08 -09 citywide slurry seat c- 40861.cpecs index c- 4086.doc 0 . SP 1 OF 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 2008 -2009 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 4086 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- 5948 -S); (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 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of (1) distributing construction notices to affected 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) placing emulsion aggregate slung seal, (5) installing new traffic striping, pavement markings, and raised pavement markers, and 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 shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. 0 • SP2OF14 2 -9.6 Survey Monuments, The Contractor shall, prior to the beginning of work, inspect the project for existing 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 Contractor shall restore the affected survey monuments at his sole expense. The. Contractor's Licensed Surveyor shall file the required Record of Survey or Comer Records with the County of Orange upon monument restoration. SECTION 3--- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. • • SP3OF14 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." 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 wonting days prior to commencing any work. The construction schedule shall clearly show specific dates for each street to be slurry sealed. The Contractor shall provide updated construction schedules upon City's request." The schedule shall include striping. 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 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 80 consecutive working days after the date on the Notice to Proceed. • • SP4OF14 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 1st (New Year's Day), 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), December 25th (Christmas), and December 31St (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monday is a holiday. If January 15`, July 4w, November 11"' December 24th December 25t or December 31st falls on a Saturday, the Friday before 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. 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." • • SP5OF14 6 -11 SEQUENCE OF CONSTRUCTION A. Work shall begin on Indian Spring Lane in the Bay Knolls area. This will be a test area in order for the contractor to demonstrate proper slurry sealing and acceptable mix design. Lab results will be required before continuation of work. If test results are not favorable, the contractor will need to re -slurry and test until the slurry and mix design meet specifications. B. Bay Knolls area shall be completed prior to mobilizing to Mariners and Dover Shores. C. Due to a City Sub -Drain Improvement Project within the Dover Shores area, work on the following streets will be scheduled last: 1. Santiago Drive — Between Pescador Drive and Nottingham Road. 2. Polaris Drive — Between Evening Star Lane and Galaxy Drive. SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 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 http: / /www.city.newl)ort beach.ca.us /pubworks /links. htm." 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. • • SP6OF14 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 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: 0 • SP7OF14 1. Emergency vehicle access shall be maintained at all times. 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 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 Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. The 10 -day notice needs to be distributed prior to crack sealing. • • SP8OF14 Forty -eight hours prior to the start of construction, the Contractor shall distribute to the 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. 7 -15 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. 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. Refer to section 6.11 Sequence of Construction. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs, cover existing conflicting signs and all costs incurred notifying residents. It shall also include providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow signs, temporary striping, and 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. • • SP9OF14 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, providing slurry test report only when initial test results do not meet specifications, placing Type I slung seal, 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 filling the existing asphalt roadway with a compacted F -AR -4000 asphalt concrete mix 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 temporary and permanent pavement striping, markings, and protecting raised pavement markers. Striping shall match existing conditions, and be 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." 0 41 PART 2 CONSTRUCTION MATERIALS SECTION 203 - -- BITUMINOUS MATERIALS 203 -5 EMULSION- AGGREGATE SLURRY SP 10 OF 14 203 -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 additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 2YZ 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." 0 • SP 11 OF 14 Replace in Table 203 -5.2 (B): Sand Equivalent shall range from a value of 55 to a value of 45." 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 Solid 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 Haulers.htm." 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 9.5 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." 3024.3.2 Spreading. Replace the first sentence of the second paragraph with, "The application of slurry shall not commence until after 8:00 a.m., and the slurry shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. • • SP 12 OF 14 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 Contractor's expense and no additional compensation shall be made by the City. Upon the completion of the day's slurry, the street shall be temporary striped." 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 and cracks shall be sealed 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 slung shall be applied until the test slung sections have been approved the Engineer. The costs of these slurry tests shall be included in the contract price paid for slung seal and no additional compensation shall be made by the City to the Contractor. Prior to slurry seal application, the results from the Wet track abrasion test (WTAT) shall be provided to the engineer for review and approval." 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 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 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. • • SP 13 OF 14 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 or slurry seal 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, limit lines and pavement markings, 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 slung." JONN WAYNE VICINITY MAP NOT TO SCALE N �c c PROJECT AREAS No. 6-30 - Exp. 09 -30 -10 0 sr4, CIVIL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2008 -2009 CITYWIDE SLURRY SEAL PROGRAM APPROVED JY,,,s-7-09 SENIOR CW ENGINEER DATE R.C.E 63670 1 IIIi m 09 18/08 SCALE N.T.S SHT 1 OF 3 SH C -4086 R- 5948 -S SEE SHEET 3✓ 2 OR K409M CT WHIC CW,5 DR 41 '-7 QE x 9330 -10 CIVIL LIMITS OF TYPE I SLURRY SEAL MARINERS & DOVER SHORES G%P CA CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT SENIOR NIL ENGINEER DATE 2008-2009 CITYWIDE R.C.E 63670 T S SH T SLURRY SEAL PROGRAM DATE 09/18/08 SCALE N 2 OF 3 DRAWN SR I C-4086 I R-5948-S NO HAMIRE LIN K409M CT WHIC CW,5 DR 41 '-7 QE x 9330 -10 CIVIL LIMITS OF TYPE I SLURRY SEAL MARINERS & DOVER SHORES G%P CA CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT SENIOR NIL ENGINEER DATE 2008-2009 CITYWIDE R.C.E 63670 T S SH T SLURRY SEAL PROGRAM DATE 09/18/08 SCALE N 2 OF 3 DRAWN SR I C-4086 I R-5948-S ; I .I,i P Pi/ A\ cP/ Pi :I i N/i�y \ c \> < �y N r r BAY KNOLLS AREA ffM LIMITS OF TYPE I SLURRY SEAL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2008 -2009 CITYWIDE SLURRY SEAL PROGRAM z' F 3 APPROVED 3 9-f q SENIOR CIVIL ENGINEER DATE R.C.E 63670 DATE 09/t8/08 SCALE N.T.S SHT 3 OF 3 DRAWN SH I C -4086 I R- 5948 -S 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT nl i, ,.,, ; Agenda Item No. 4 April 14, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Alfred Castanon, Associate Civil Engineer 949 -644 -3314 or acastanon @city.newport- beach.ca.us SUBJECT: 2008 -2009 CITYWIDE SLURRY SEAL PROGRAM- AWARD OF CONTRACT NO. 4086 Recommendations: 1. Approve the project plans and specifications. 2. Award Contract No. 4086 to Pavement Coatings Company for the Total Bid Price of $463,100 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $46,000 to cover the cost of unforeseen work. Discussion: At 10:00 a.m. on March 26, 2009 the City Clerk opened and read the following bids for this project: The low total bid amount is 28 percent below the Engineer's Estimate of $640,000. The disparity between the engineer's estimate and the actual bid prices reflect a more favorable construction market. The low bidder, Pavement Coatings Company, possesses a California State Contractors License Classification "A' as required by the project BIDDER TOTAL BID AMOUNT Low Pavement Coatings Company $463,100.00 2 American Asphalt South, Inc. $470,035.00 3 Roy Allen Slurry Seal, Inc. $476,700.00 4 Valley Slurry Seal Company $483,681.00 5 All American Asphalt $514,000.00 6 Doug Martin Contracting Company, Inc. $591,900.00 7 United Paving Company $937,235.29 The low total bid amount is 28 percent below the Engineer's Estimate of $640,000. The disparity between the engineer's estimate and the actual bid prices reflect a more favorable construction market. The low bidder, Pavement Coatings Company, possesses a California State Contractors License Classification "A' as required by the project • 20052009 Citywide W Seal — Award of Contract No. 4086 April 14, 2009 Page: 2 specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities. The work necessary for the completion of this contract consists of distributing construction notices to affected businesses and residents, clearing existing pavement surfaces of debris, soils, and other loose materials, removing existing traffic striping, pavement markings, and raised pavement markers, placing emulsion aggregate slurry seal, installing new traffic striping, pavement markings, and raised pavement markers, and other incidental items of work necessary to complete the work in place. Pursuant to the Contract Specifications, the Contractor will have 80 consecutive working days to complete the work. 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 advertised in the City's official publication and in construction industry publications. Prior to starting work, two City prepared notices will be distributed by the contractor to both residents and businesses. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. Geotechnical and Material Testing Services: In addition to the contract costs, approximately $26,000 in geotechnical and material testing services is projected for this project and performed under the on -call professional services agreement with Labelle Marvin. Funding Availability: There are sufficient funds available in the following account for the project: Account Description Account Number Amount Measure M Turnback 7281- C2002016 $ 535,100.00 Total: $ 535,100.00 • Proposed uses are as follows: 2008 -2009 Citywide Seal - Award of Contract No. 4086 April 14, 2009 Page: 3 Vendor Purpose Pavement Coatings Company Construction Contract $ Pavement Coatings Company Construction Contingency $ Labelle Marvin Materials Testing $ Total: $ Prepared by: fw: Alfred Castanon Associate Civil Engineer Attachments: Project Location Map Submitted by: Amount 463,100.00 46,000.00 26,000.00 535,100.00 KG. Badum Works Director CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK L.eilani 1. Brown. MMC Fo September 22, 2010 Mr. Levy Cohen Tal Cal Engineering Inc. 22641 Valerio Street West Hills, CA 91307 Subject: Subdrain Improvement Projects (C -3909) Dear Mr. Cohen: On September 22, 2009, the City Council of Newport Beach accepted the work for 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 September 28, 2010, Reference No. 2009000512810. The Surety for the contract is Western Surety Company and the bond number is 70722423. Enclosed is the Faithful Performance Bond. Sincerely, QOA ffw-�— Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach. California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beacli.ca.us CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Broom. MMC October 20, 2009 Mr. Doug Ford Pavement Coatings Co. 10240 San Sevaine Way Mira Loma, CA 91752 Subject: 08 -09 Citywide Slurry Seal (CA086) Dear Mr. Ford: On September 22, 2009, the City Council of Newport Beach accepted the work for 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 September 28, 2009, Reference No. 2009000512811. The Surety for the contract is First National Insurance Company of America and the bond number is 6481044. Enclosed is the Labor & Materials Payment Bond. Sincerely, cq S Leilani 1. Brown, M C City Clerk 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 I F RECORDING REQUBAfJgD ESTED WHEN RECORDED W fN JOO 9-05 City Clerk , City of Newport Beach 0,71,E CF Tr_ Gl' CLERK 3300 Newport Boulev (!�;, =;;'ih BEACH Newport Beach, CA 93 Recorded in OAl Records, Orange County Tom Daly, Clerk- Recorder 1#11111111111111111V11111011111II 11111111 B11fill11111111NO FEE 200900051281102:51pm 09128109 100 266 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "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., of Mira Loma, California, as Contractor, entered into a Contract on May 26, 2009. Said Contract set forth certain improvements, as follows: 08 -09 Citywide Slurry Seal (C -4086) Work on said Contract was completed, and was found to be acceptable on September 22, 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is First National Insurance Company of America. Director rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on yT'yr r��J. ��� at Newport Beach, California. BY 4AAa City Clerk 16 IT i� �F 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK l.eilani 1. Brown, MMC September 23, 2009 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion for the following project: 08-09 Citywide Slurry Seal (C -4086) Subdrain Improvement Projects (C -3909) Please record the enclosed document and return it to the City Clerk's office. Thank you. Sincerely Gn/ eilani I. Brown, MMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 Fax: (949) 644 -3039 - www.ci(y.newport-beach. ca. us 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Cleric 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., of Mira Loma, California, as Contractor, entered into a Contract on May 26, 2009. Said Contract set forth certain improvements, as follows: 08 -09 Citywide Slurry Seal (C -4086) Work on said Contract was completed, and was found to be acceptable on September 22. 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is First National Insurance Company of America. Director rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. rr rrDDj�� I� Executed on Vy If V► '�yr ��� at Newport Beach, California. BY 1 City Clerk • • CITY OF NEWPORT BEACH • CITY COUNCIL STAFF REPORT Agenda Item No. 11 September 22, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Alfred Castanon, Associate Civil Engineer 949-644 -3314 or acastanon @newportbeachca.gov SUBJECT: 2008 -2009 CITYWIDE SLURRY SEAL — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4086 Recommendations: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. 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. • 3. Release the Faithful Performance Bond 1 year after Council acceptance. Discussion: On April 14, 2009 the City Council authorized the award of the 2008 -2009 Citywide Slurry Seal Project to Pavement Coatings Company. The contract provided for the slurry sealing of various streets within the Bay Knolls, Mariners and Dover Shores Communities. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $463,100.00 Actual amount of bid items constructed: $445,369.80 Total amount of change orders: _ $9,850.00 Final contract cost: $455,219.80 The final overall construction cost including three Change Orders was 1.7% percent below the original bid amount. Although all planned streets (except Constellation Drive) were slurry sealed in accordance with the contract, the final contract cost was lower then the awarded amount as the actual square footage covered (3,783,778 square feet) was less then the estimated amount (4,000,000 square feet) stated in the contract. In addition, Constellation Drive was not slurry sealed due to a conflict with another city project under construction in • the same area. Constellation Drive will be included in the up- coming 09/10 slurry project. The project also had three change orders totaling $9,850 as follows: • 08-09 Citywide Slurry Seal - CAL and Acceptance of Cootract No. 4086 Seple ber 22. 2009 Page 2 Change Order ' ` Description Amount 1 Additional striping & raised pavement markers along Highland Dr. $1,650 2 Additional striping & raised pavement markers along Tustin Ave. $4,000 3 Delay due to the construction of a separate city contract within the same area resulting in a second mobilization. $4,200 _ Total Project Change Orders $9,850 A summary of the project schedule is as follows: Estimated completion date per June 2008 schedule: August 21, 2009 Project award of construction: April 14, 2009 Estimated completion date at award: August 28, 2009 Actual substantial construction completion date: August 6, 2009 All work was substantially completed by August 6, sixteen days ahead of the scheduled completion date of August 28, 2009. u Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementation 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. Funding Availability: The awarded contract amount was $463,100 and the approved contingency amount to cover the cost of unforeseen work was $46,000 (10 %). No contingency funds were used since one street was not paved and materials needed for the other streets were less than anticipated. Funds for the construction contract were expended from the following account: Account Description Account Number Amount Measure M Turnback 7281- C2002016 $455,219.80 Total: $455,219.80 In addition to the primary construction contract, this project involved other project expenses. Total project expenses are summarized as follows: Construction Materials Testing Incidentals Total Project Cost Prepared by: a I Alfre astanon Associate Civil Engineer $455,219.80 12,170.00 1,174.68 $468,564.48 buomtaea Dy: • ph m Pub ' I s Director