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C-5320 - 2012-2013 Citywide Slurry Seal Program
CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC December 1, 2014 Roy Allan Slurry Seal, Inc. 11922 Bloomfield Avenue Santa Fe Springs, CA 90670 Subject: 2012-2013 Citywide Slurry Seal Program — C-5320 Dear Roy Allan Slurry Seal, Inc.: On November 26, 2013 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 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on December 12, 2013. Reference No. 2013000688049. The Surety for the contract is Philadelphia Indemnity Insurance Company and the bond number is PB 11510400179. Enclosed is the Faithful Performance Bond. Sincerely, off- 4too-1- Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 9 Fax: (949) 644-3039 • www.newportbeachca.gov City of Newport Beac 2012-2013 CITYWIDE SLURRY SEAL PROGRAM Contract No, 5320 BOND NO. PB 115104 00179. *'Premium is based on 100% of the final contract amount" FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 7,178.00 being at the rate of $ 10.00 uerthousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Roy Allan Slurry Seal, Inc., hereinafter designated as the "Principal", a contract for construction of 2012-2013 CITYWIDE SLURRY SEAL PROGRAM, Contract No. '5320 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. 5320 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Philadelphia Indemnity Insurance Company , 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 Seven Hundred Seventeen Thousand, Seven Hundred Twenty and 00100 Dollars ($717,720.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specked, 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. 31 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 gond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal. executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has bean duly executed by the Principal and Surety above named, on the 20th day of March 12013 - Roy Allen Shiny Seal, Inc. (Principal) Authorized Signaturerritle Philadelphia Indemnity Insurance Company Name of Surety 251 S. Lake Ave., Suite 360, Pasadena, CA 91101 Address of Surety 626-639-1321 Telephone NOTARY ACKNOWLEDGMENTS OF ATTACHED Matthew J. Coats, Attorney -in -Fact Print Name and Title 32 AND SURETY MUST BE ACKNOWLEDGMENT State of California County of Gowng ) On W'.Lrdn ala01T �7 before me, Ann -Marie Allan. Notary Public (insert name and title of the officer) personally appeared Lawrence Allan who proved to me on the basis of satisfactory evidence to be the persons) whose names} islare subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in hislgeF{their authorized capacity(ies), and that by hWherfteir signatures) on the instrument the person(s), or the entity upon behalf of which the persons) 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 OLKX- W—VL 03),Pu (Seal) ANN MARIE ALLAN U COMM. # 1939903 w NOTARY PUBLIC - CALIFORNIA A ORANGE COUNTY o COMM. EXPIRES JULY 3, 2015 ACKNOWLEDGMENT ......................w..nn00......................... Y 1... 00.11......r........., State of California County of ss. On before me, Public, personally appeared proved to me on the basis of satisf: subscribed to the within instrument same in his/her/their authorized F instrument the person(s), or the Einstrument.I Notary r ce to be the person(s) whose name(s) is/are kiiow[edged to me that he/she/they executed the s), and that by his/her/their signatures(s) on the behalf of which the person(s) acted, executed the I certify under PEA PERJURY under the laws of the State of California that the foregoing paragraphs and correct. WITNESS my hWand official seal. (seal) YY.0000..P.......................Y..A11...................YY..O/11.............., OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence; Personally Known with Paper Identification _— Paper Identification Credible Witrim(es) Capacity of Signer. Trustee Power of Attorney CEO/CFO/COO President/Vice-President/ Secretary/ Treasurer Other. Other I 33 Thumbprint of Signer ❑ check here 9 no thumbprint orflngerprint is available. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California Countyof_ Orange On MAR 2 0 2013 before me, Adelaide C. Hunter, Notary Public (insert name and title of the officer) personally appeared Matthew J. Coats 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 hefsheft* executed the same in hisfher/their authorized capadty(i,*, and that by hisAmAheir 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 A • tI WY , ADELAIDE C. HUNTER Commission u 1994447 Notary Public • California Orange County iay Comm. Expires Oct 19, 2010' 263 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: LINDA D COATS AND MATTHEW J. COATS OF COATS SURETY INSURANCE SERVICES, INC. its true and lawful Attorney(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00: This Power of Attome, is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the t" day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: 'That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seat shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 15m DAY OF NOVEMBER 2012. (Seal) President Sean S. Sweeney, President Philadelphia Indemnity Insurance Company On this 15°i day of November 2012, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Mtll PQi lLVMQA - NOTRRIRLI GRIN*t t c POPAtH, t'kr�9PaEYc twRSNleriarT Corwt"onARid7g, 10f6 Notary Public: residing at: Bala Cynwyd. PA (Notary Seal) My commission expires: March 22, 2016 1, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. I do further certify that Sean S. Sweeney, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE, COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 20 "k day of rna rrtl 20 13 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani L Brown, MMC February 18, 2014 Roy Allan Slurry Seal, Inc. 11922 Bloomfield Avenue Santa Fe Springs, CA 90670 Subject: 2012-2013 Citywide Slurry Seal Program - C-5320 Dear Roy Allan Slurry Seal, Inc.: On November 26, 2013 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 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on December 12, 2013, Reference No. 2013000688049. The Surety for the bond is Philadelphia Indemnity Insurance Company and the bond number is PB 11510400179. Enclosed is the Labor & Materials Payment Bond. Sincerely, , 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.newportbeachea.gov City of Newoort Beach 2012-2013 CITYWIDE SLURRY SEAL PRQGRAM Con act No. 6320 BOND NO. P13 115104 00179 Premium: Included with Performance Bond WHEREAS, the City Council of the City of Newport Beach, State of California, by motion. adopted, has awarded to Roy Allan Slurry Seal, Inc., hereinafter designated as the "Principal," a contract for construction of 2012-2013 CITYWIDE SLURRY SEAL. PROGRAM, Contract No. 5320 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. 5320 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, Philadelphia Indemnity insurance Compapv duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Seven Hundred Seventeen Thousand, Seven Hundred Twenty and 00/00 Dollars ($717,720.00) 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 terns 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 lair thereon of any bind, 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'wili pay for rho 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 $250 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 ot. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREoE, this instrument has been duly executed by the above named Principal and Surety, on the 20th day of March 2013 - Roy Afion 013_ RoyAion Slurry Seal, Inc. (Principal)i Philadelphia Indemnity Insurance Compal Name of Surety 251 S. Lake Ave., Suite 360, Pasadena, CA 91101 Address of Surety 626-639-1321 Telephone Authorized Signature Title V�- 4 AuthorAgent Signature Matthew J. Coats, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 36 ACKNOWLEDGMENT State of California County of (7Cr( py ) On before me, Ann -Marie Allan, Notary Public (insert name and title of the officer) personally appeared Lawrence Allan who proved to me on the basis of satisfactory evidence to be the person(s) whose names) istafe subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/he0heir authorized capacity(ies), and that by hisA*#4 # 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. rANN MARIE ALLAN 903 0 COMM. # 1939 • NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY n COMMA. EXPIRES JOLT 3 2015' Signature l (Seal) ACKNOWLEDGMENT R\\\R\\\\R\R\R\\.R\\\\\RR\\\RR\R\\Y\R\\\\\II\RR\RR•\\\\RR.\\\\\R\R\RRR\\R RRRY\\, State of California County of _ } ss. On before me, Public, personally appeared Proved to me on the basis of satisfactor subscribed to the within instrument and same in his/her/their authonzed capa���'�t�� instrument the parson(s), or the entity. instrument. a Illlllaaaa I certify under PENAQTY _ f foregoing paragraph I correct. WITNESS my han(id official seal. Signature Notary e person(s) whose name(s) is/are to me that helshelthey executed the I that by his(herltheir signatures(s) on the of which the person(s) acted, executed the under the laws of the State of California that the (seal) •RRRRRR\\\RRRRI\\RR\\\\\R\\\\RRR\\\R\\\R\RRI„1\\„R\.......... 0.... R\\R\R\\RR\\i, OPTIONAL INFORAM770M Date of Document Type or Title of Document Number of Pages In Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper identification Paper Identification Credible Witness(es) Capacity of Signer. _ Trustee _ Power of Attorney _ CEO f CFO l COO President l Vice -President./ Secretary / Treasurer Other: Other 37 Thumbprint of Signer ❑ check here if no thumbprInt or flngenpftt is available. CALIFORNIA. ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On MAR 2 0 2013 before me, Adelaide C. Hunter, Notary Public (insert name and title of the officer) personally appeared Matthew J. Coats 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 hefshefthey executed the same in hisfitrerftlteic authorized capacity(ies), and that by hisAserAl signature(s) on the instrument the person(s), or the entity upon behalf ofwhich 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 _ A . �----= ADELAIDE C. HUNTER- aCommission # 19944477 Notary Public - California orange County Aly Comm. Expires Do' i9, 2016 264 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: LINDA D COATS AND MATTHEW J. COATS OF COATS SURETY INSURANCE SERVICES, INC. its true and lawful Attorney(s) in fact with ball authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00: This Power of Attorney is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 1" day of July, 2011, RESOLVED: That the Board of Directors hereby authorises the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto: and (2) to remove, at any time, any such Attorney -in -Pact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seat of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT I'D BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 15r' DAY OF NOV F,MBER 2011 (Seal)_�--{.--- President V Sean S_ Sweeney, President Philadelphia Indemnity Insurance Company On this 15s day of November 2012, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein describcd and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. MdiA��t Lawct'fi�arePCRtAtt4Nat�7PuMc { 04 Notary Public: residing at: Bata Cynwyd. PA (Notary Seal) _ My commission expires: March 22, 2016 ...... .._.. I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHJLADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. I do further certify that Sea" S. Sweeney, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 'Z O' day of m lAr4 H 20 (�3 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY EMMZIMM" #X M4 •..........Yu:Y...... .... a ...tYaY Y11 t1It State of California County of tXv On before me, Pubic, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) subscribed to the within instrument and acknowledged to me that hell same In his/her/their authorized capacity(les), and that by his/her/their instrument the person(s), or the entity upon behalf of which the persons Instrument. 1 certify under PENALTY OF PERJURY under the laws of foregoing paragraph is true and correct, WITNESS my hand and official seal. Signature Notary who ame(s) is/are executed the -es(s) on the executed the of California that the ............ *...*..YYiY...a....... P,.Yel..... 0......... Y YYY.YY.Y.Y1Y....I INFORMATION Type or Title of Document Number of Pages in Document Document in a Foreign t_angu e Type of Satisfactory Evlden : Personally Known w h Paper Identification Paper Identification — Credible Wrtness(e j Capacity of Signer: Trustee Power of Attorney CEO / CFO / COO President ! Vice -President / Secretary / Treasurer Other: Other Information. 38 Thumbprint of Signer [] Check here lf no thuinbpriat orfim iorodrit is available. RECORDING REQUESTED BY AND WHEN -RECORDED -RETURN TO: City Clerk - City of Newporti'Beach 100 Civic Center Drive Newport Beach,f CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder III I III II NO FEE *$ R 0 0 0 6 3 8 0 6 4 2$ 2013000688049 8:53 am 12/12113 305 409 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, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Roy Allan Slurry Seal Inc. of Santa Fe Springs, CA, as Contractor, entered into a Contract on March 26, 2013. Said Contract set forth certain improvements, as follows: 2012-2013 Citywide Slurry Seal Program (C-5320) Work on said Contract was completed, and was found to be acceptable on November 26, 2013, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Philadelphia Indemnity Insurance Company. Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. N600r Executed on 27, 2--OL9 at Newport Beach, California. BY DENTY Li�e W�— City Clerk A� OFFICE OF THE CITY CLERK Uilani I. Brown, MMC November 27, 2013 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completions for the following projects: • Bayside Cove Walkway (Contract No. 5276) • 2012-2013 Citywide Slurry Seal Program (C-5320) Please record the enclosed documents and return to the City Clerk's Office. Thank you. ;F fift- Leilani I. Brown, MMC City Clerk Enclosures • Post Office Box 1768 - Newport Beach, California 92658-8915 Telephone: (949) 644-3005 - Fax: (949) 644-3039, www.newportbeachca.gov RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Roy Allan Slurry Seal Inc. of Santa Fe Springs, CA, as Contractor, entered into a Contract on March 26, 2013. Said Contract set forth certain improvements, as follows: 2012-2013 Citywide Slurry Seal Program {C-5320} Work on said Contract was completed, and was found to be acceptable on November 26. 2013, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Philadelphia Indemnity Insurance Company. A VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Mom / Executed on t V �Y t m �r 27, zzo at Newport Beach, California. BY DEPRP f Lficm- City Clerk 0�gvV�RT = CITY OF NEWPORT BEACH "M City Council Staff Report Agenda Item No. 12 November 26, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3330, dawebb@newportbeachca.gov PREPARED BY: Alfred Castanon, Associate Civil Engineer 949-644-3314, acastanon@newportbeachca.gov APPROVED: TITLE: 2012-2013 Citywide Slurry Seal and Acceptance of Contract No ABSTRACT: Program - Notice of Completion 5320 On March 26, 2013, City Council awarded Contract No. 5320, 2012-2013 Citywide Slurry Seal Program to Roy Allan Slurry Seal Inc., for a total contract cost of $717,720 plus $36,000.00 allowance for contingencies. The required work is now complete and staff requests City Council acceptance and close out of the contract. RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; 2. Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code, and; 3. Release the Faithful Performance Bond one year after acceptance by the City Council. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following accounts: Account Description Account Number Amount General Fund 7013-C2001011 $652,585.36 Total: $652,585.36 1 of 4 2012-1013 Citywide Slurry Seal — Notice of Completion and Acceptance of Contract No. 5320 November 26, 2013 Page 2 DISCUSSION: Overall Contract Cost/Time Summary Awarded Final Cost at Contingency Actual % Due to % Due to Contract Amount Completion Allowance Contract Directed Unforeseen Change Change Change $717,720.00 $652,585.36 5% or less -9.1% 100% 0% Allowed Contract Time (days) 55 Actual Time 15 Under (-) or Over (+) The work necessary to complete this contract consisted of slurry sealing various streets in the Balboa Peninsula, West Newport, Newport Shores and Lido Isle communities. The contract also provided for seal coating parking lots along Seashore Drive, Superior Avenue, Central Avenue, Cannery Village, Newport Boulevard, 26th Street, Newport Pier, Balboa Peninsula Library and Fire Station, Balboa Pier, and "A" Street. The contract was completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: Actual cost of bid items constructed: Total change orders: Final contract cost: $717,720.00 $623,279.46 $29,305.90 $652,585.36 The actual cost of bid items constructed was $65,134.64 less than the original bid amount due to a reduction in the total quantities completed. Back Bay Drive, from Jamboree Road to Eastbluff Drive, was deleted from the project based on restrictions imposed by the Department of Fish and Wildlife endangered species nesting season. Staff will review options for Back Bay Drive and include this road in a future slurry seal project. The final contract cost was approximately 9.1 percent below the original bid amount with three change orders totaling $29,305.90. The change orders included slurry sealing and striping the parking lot adjacent to the Balboa Inn, Seashore Drive and 56th Street, Arches bike trail, and Harbor Cove community walking trail. The schedule for all the slurry seal and seal coating work allowed 55 working days to complete the project. The project was substantially completed on schedule May 24, 2013, however some punch list work for the Newport Pier parking lot remained and staff arranged for the contractor to defer this corrective work until after the summer so as to avoid working in the parking lot in the high summer session months. 2 ora 2012-1013 Citywide Slurry Seal — Notice of Completion and Acceptance of Contract No. 5320 November 26, 2013 Page 3 A summary of the project schedule is as follows: Estimated Completion Date per 2012 Baseline Schedule July 29, 2013 Project Awarded for Construction March 26, 2013 Contract Completion Date with Approved Extensions November 13, 2013 Actual Substantial Construction Completion Date May 24, 2013 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301(c). This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. NOTICING: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this action. The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Submitted by: ;4 4z David A. Webb Public Works Director Attachment: A. Location Map 3 of Attachment A 4 of CITY OF NEWPORT Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 AM on the 12th day of March, 2013, at which time such bids shall be opened and read for 2012-2013 CITYWIDE SLURRY SEAL PROGRAM Title of Project Contract No. 5320 $ 645,000.00 Engineer's Estimate ..roved by Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Mouse Graphics at (949) 548-5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" or "C-12" For further information, call Alfred Castanon, Proiect Manager at (949) 644-3314 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewDortBeachCA.gov CLICK: Online Services /Bidding & Bid Results e s # The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS; INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 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. 3 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 govemed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 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. ~1Z. Contractor's License No. & Classification Bidde Authorized Signature/Title _ -IQ-- s Date rd 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 sutra of ten percent of the total amount of the bid Cloliars ($ is%), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2012- 2013 012201s CITYWIDE SLURRY SEAL PROGRAM, Contract No. 5320 in the City of Newport Reach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Prinninil falls to exn:r de. thn (,nntract F)rinnniRnts in the fermis) prescribed, Including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. if the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 5th day of March - _ _ , 2011 / �, Y ry F 0 Yi Cj iV� A�:t Ito Allan Slur Seal, Inc. M/{����"""'�v°'.,:.�.'`.._.�. Nance of Contractor (Principal} Authorized Signature/Tide Philadelphia Indernnity Insurance Company Name of Surety 251 S. Luke Ave., Suite 360, Pasadena, CA 91101 Address of Surety 626-639.1321 i'elephoroe Matthew L Coats, Attorney -in -Fact Print Name and Title M State of California County of _ oy.o\' E. } On before me, Ann -Marie Allan. Notary Public (insert name and title of the officer) personally appeared Lawrence Allan who proved to me on the basis of satisfactory evidence to be the persons} whose name(s) Ware subscribed to the within instrument and acknowledged to me that hedshetthey executed the same in his4he4thetr authorized capacity(ies), and that by his/heFitheir signaturew on the instrument the person(o, or the entity upon behalf of which the persons} acted, executed the instrument. 1 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 4 A"N-7 COMM. # 0.939903 NOTARY PUBLIC - CALIFORNIA . n(1 f1I t ORANGE JULY 3,COUNTY t} �` COMM. EMPIRES JULY 3, 2025 s Signature ti X \, Iii, , kha\ C (Seal) State of California County of Orange RE MAR 0 5 2313 before me, Summer L.. Rees, (Votary Public (insert name and tide of the officer) personally appeared Matthew J. Coats who proved to me on the basis of satisfactory evidence to be the persona whose namc(s) islatc subscribed to the within instrument and acknowledged to me that hefshefthey executed the same in Mstlxtftlreir authorized capacigjies}, and that by hisfherkhesr signatureW on the instrument the person{s), or the entity upon behalf ofwhich the personfs) 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. .. SUhi�AER L. iiEYES Commission # 1996627 ..M Notary iubliC . California z f`� '' n ®. ' Orange county a Signature L- " �Ay comm. Ex rtes Put zs, tot6 217 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd.,, Suite 100 Bala Cynwyd, PA 14004-0450 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: LINDA D COATS AND MATTHEW J. COATS OF COATS SURETY INSURANCE SERVICES, INC. its true and lawful Attorney(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory is the nature thereof- rued in the course of its business and to bard the Company thereby, in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the la day of Jury, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint AHorney(s) in Fact and authorize the Attarney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Pact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or cernfirate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached_ IN'TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS .AUTHORIZE',) OFFICE THIS 151" DAY OF NOVEMBER 2012. (Seal) President Sean S. Sweeney, President Philadelphia indemnity Insurance Company On this 15 day of November 2012, before me came the individual who executed the preceding instrument, to tie personally known, and being by me duty sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the peal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. NOTARIALSEAL E}AMZUF P£il ff NaU" PuhYe �Lo'c>:s 4AerirnxTvp,t�C.Da 6 ,.Y SgAy?,x� �Ex(aais 20t /`� Notary Public: _ residing at: Bala f.. yjwyd PA .,..____ (Notary Seat) My commission expires: Muc,2a 2016 1, Craig P, Keller, Executive Vice President, Chief Financial Officer and Secretary of PF[LADELPHIA INDEMNITY INSURANCE COMPANY, r'to herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true mrd correct and are still in Poll force and effect, I do further certify that Sean S. Sweeney, who executed the Power of Attorney as President, was on tine date of execution ofthe attached Power of Attorney the duty elected President of PHILADELPHIA INDEMNITY INSIIRANCIE COMPANY, In TestimonyWhereof I have subscribed m y name and affixed the facsimile seal of each Com an this 1k1 da of J ,r� - { 20 13 Y � P Y �._ Y .j l P6/l�k..-..... _._..-. Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 1. +r:: 1 • + •e.. State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name: bto a?.V Jj y j CO, Address: t� `{O tj� Si • r a S}} f ((o • *^�.Rlva m.Li' �j Ga}�^`l { "t h g ,g j. e,�WWw1 `-'� { p/ (p t 3 Phone:(t ,4) State License Number: . t Name:i�v Address: ry� y g Ul ti �� y 1 4t6 t g f Phone: � "' ���� State License Number: Name: Address: Phone: State License Number: Bidd r �� �T Authorized Signaturefritle 0 Contractor must use this form!!! Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Number Project Description Approximate Construction Dates: From 2— To: G/Z0(�L_ Agency Name Contact Person C � � � iff v F Telephone (S6 Original Contract Amount $ jjFinal Contract Amount $ If final amqunt 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. fs No. 2 Project Name/Number Project Description Approximate Construction Dates: From (o-1 To: -2-7 Agency Name C I A -i 0- NL,3\ r6,-�J-ej Contact Person Via Y�i 2, V L02 I �-- �JTelephone (3jo) s�- tic Original Contract Amount Final Contract Amount$ Lj(� I Gp, dD 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. No. 3 Project Name/Number Project Description 1 -1 Approximate Construction Dates: From NVWX --TO: 2v 1Z- -- Agency Name Contact Perso Original Contra 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 again,st,you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 4 Project Name/Number 2-0\L Project Description Approximate Construction Dates: From i! ri- 42_- To: �7'Z(7-i L Agency Name �Yi a Contact Person C Telephone fS!) `6 (DO, Original Contract Amount $ Z� `�'Final Contract Amount $ 4, o 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. No. 5 Project Name/Number Project Description a Approximate Construction Dates: From Agency Name Contact Person dL'i-LIC , Telephone (Y(4 Original Contract Amount Final Contract Amount $�,¢ s 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. 11 No. 6 Project Name/Number. Project Description Approximate Construction Dates: From 0( _Z } �To: Agency Name Contact PersonC .� o �G , u� k Telephone ect) W L) — 9 r g 2S �3 " ci Ct q(` Original Contract Amount $_,�E_Final Contract Amount $_ �-J-� 7� � � ` 0 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. t 3f Bidder Authorized SignatureCritie 12 Contract No. 5320 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of e-- ) ym\ being first dul sworn, de oses ands ys that he or she is Q ` r ..c ; (A n .. § of c, r�:Ldj &- the party making the foregoing bid; that the bid is not made in the interest off, or on behalf of, any 6ndisclosed 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 declalrre under penalty of perjury of the laws of the St to of California that the foregoing is true and correct. Bidd r t Authorized Signaturefritle Subscribed and sworn to (or affirmed) before me on this day of 2013 by , 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 California that the foregoing paragraph is true and correct. [SEAL] 13 Notary Public My Commission Expires: State of California County ofCRxgp_ Subscribed and sworn to (or affirmed) before me on this y©-` day Of &iGV� , 20_ _, by Lawrence Allan proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me- r ANN MARIE ALLAN U COMM. ;61939903 (�} mw. NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY 0 �F A COMM. EXPIRES JULY 3, 2015 (Seal) Signature____�i.�. Contract No. 5320 DESIGNATION OF SURETIES 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): 2,3 V m CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Ae� YV� Record Last Five (5) Full Years Current Year of Record _ Current Record Record Record Record Record Yearof for for for for for Record 2012 2011 2010 2009 2008 Total 2013 No. of contracts 53 Total dollar Amount ofContracts n Zj t� % rr � b // 2L 0), 7VUL Thousands of $ l`3 No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanency transfer to another job or termination of _employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of BidderCa�a; cx Business Address: - Business Tel. No.: 9 '4 Z Co State Contractor's License No. and s Classification: 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 Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. 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 if fewer than all of the partners/joint ventures submit 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 signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. G[:9 SPECIAL RESOLUTION OF THE SHAREHOLDERS OF ROY ALLAN SLURRY SEAL, INC. This is a special resolution unanimously approved by all of the shareholders holding shares in ROY ALLAN SLURRY SEAL, INC. This resolution was approved at the meeting of shareholders held on February 2, 2008, at 11922 Bloomfield Avenue, Santa Fe Springs, California 90670. ROY ALLAN and GAY D. ALLAN, being the only shareholders of the corporation, were in attendance and unanimously approved the following resolution: WHEREAS it is deemed to be in the best interest of this corporation to provide for continuity of activity and for the convenience of the officers of this corporation, to provide authority so that either the President or the Vice President of this corporation shall have authority to sign documents separately, and thereby bind the corporation. IT IS THEREFORE RESOLVED that either the President or The Vice President of ROY ALLAN SLURRY SEAL, INC., shall hereafter have the authority, when acting Alone, to bind this corporation to the terms of any document To which the President or Vice President shall affix his Signature. The individuals presently acting in the capacity of President and Vice President of this corporation are ROY ALLAN and LAWRENCE ALLAN, respectively. It is respectfully requested by the shareholders of this corporation, that any part with whom this corporation has dealings, will recognize this resolution and accept the signature of either the President or the Vice President of this corporation, acting alone, on any document intended to bind this corporation legally. By their signatures hereto, the shareholders of this corporation hereby waive notice of the above-described meeting and consent to the resolution set forth above. Dated: February 2, 2008 Roy A-llan,areholder t� Gay . Allan, Shareholder t State of California County of i Cance } On MaC"c� f20lJ before me, Ann -Marie Allan, Notary Public (insert name and title of the officer) personally appeared Lawrence Allan who proved to me on the basis of satisfactory evidence to be the person{&} whose name(&) is{afe subscribed to the within instrument and acknowledged to me that h tsheAhey executed the same in hisjhe •ter authorized capacity(ies), and that by his e{f signature(&} on the instrument the person(&}, 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. U %�CQ ANN MARIE A`=LAN COMM. * 1939903 N00RANGECCOUCM7YNIA� MM. EXPIRES COU 3 2025 Signature � �y�,k�����.,Q,k,j-�"�' "" (Seal) Contract No. 5320 e • e7A111l4adril3e\-IITai•I7e\ Bidders name The bidder shall signify receipt of all. Addenda here, if any, and attach executed copy of addenda to bid documents: u NF1 ! s 6 1-:000 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: Business Add 0 Telephone and Fax Number: ; " 2 (,c)q _ - K L2 f (S-(-,a2(&-66Q— California f-,1 ' 66Q - California State Contractor's License No. and Class: S:? lwl 5s c 6 -�— (REQUIRED AT TIME OF AWARD) Original Date Issued: - 2o --71 Expiration Date: - ( r 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: 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 Corporation organized under the laws of the State of —CCA VVI in The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: 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; Briefly summarize the parties' claims and defenses; ever had a contract terminated by the owner/agency? If so, explain. Haveyou ever failed to complete a project? If so, explain. 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 19 Are any claims or actions unresolved or outstanding? Yes / No 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. w •t_, (Print name of Owner or President of�L_ C o rp o ratio n/Com pa ny) Authorized Signatureffitle Title Date -10— On before me, Notary Public, personally appeared 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. (SEAL) Notary Public in and for said State My Commission Expires: State of California County of UM -y } On NVVA Iii (Aj before me, Ann -Marie Allan, Notary Public (insert name and title of the officer) personally appeared Lawrence Allan 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/sWthey executed the same in histheiAbeir authorized capacity(ies), and that by his4ie lthe# signatures-} on the instrument the person(s), or the entity upon behalf of which the persons} 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. *ANN IUlAitBEALEANCOT�tM * 1939903 OTARYPUSLIC-CALIFORNIAOttANGE COUNTYMM. EXPIRES JULY 3, 2p15 "G Signature G i MC)A (Seal) Contract No. 5320 • rr The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. ta City of Newport Beach Contract No. 5320 CONTRACT THIS CONTRACT FOR PUBLIC WORKS entered into this day of M&g2013, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City ("City") and ROY ALLAN SLURRY SEAL, INC., a California corporation ("Contractor"), is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 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) crack sealing, (5) placing emulsion aggregate slurry seal, (6) placing seal coat, (7) 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, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 5320, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Contract, 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. 22 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Seven Hundred Seventeen Thousand, Seven Hundred Twenty and 00100 Dollars ($717,720.00). 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. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). 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 PO Box 1768 Newport Beach, CA 92658 Attention: Alfred Castanon (949) 644- 3314 tal CONTRACTOR Roy Allan Slurry Seal, Inc. 11922 Bloomfield Avenue Santa Fe Springs, CA 90670 562-864-3363 562-864-6612 Fax F. INSURANCE REQUIREMENTS —CONSTRUCTION 1.1 Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 1.2 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. 1.3 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, officials, employees and agents. 1.3.2 General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 24 1.3.3 Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 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 accident. 1.3.4 Umbrella or Excess Liability Insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than four million dollars {$4,000,000} that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. 1.3.5 Builder's Risk Insurance. For Contracts with property exposures during construction, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of foss form with limits equal to 100% of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 1.3.6 Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability coverage with a total limit of liability of no less than $5,000,000 per loss and $,5,000,000 in the aggregate per policy period dedicated to this Project. The CPL shall be obtained on an occurrence basis for a policy term inclusive of the entire period of construction. If all or any portion of CPL coverage is available only on a claims -made basis, then a 10 -year extended reporting period shall also be purchased. The CPL policy 25 shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. [Note: this provision can be waived if there is no known or suspected pollution at the project site. This provision is also not applicable to maintenance and repair contracts unless there is a known pollution risk.] 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subContractors. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability (if required), shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. 26 1.4.4. Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5,1 Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. 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 any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. 1.5.3 Right to Review Subagreements. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. 1.5.4 Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5,5 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 27 1.5.6 Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. 1.5.7 City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. 1.5.8 Timed Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 1.5.9 Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the project or to obtain coverage for completed operations liability for an equivalent period. 1.5.10 Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. • • ► 7i7�•7��diT�TeT�»Y�7�1�tllilc�'rf 1. 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. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, T volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 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. The rights and obligations set forth in this Article shall survive the termination of this Contract. 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. S. 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. 29 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the dates written below. APPROVED AS TO FORM OFFICE OF TH CITY ATTORNEY Date: 3�Z ��l 3 r Aaron C. p City Attorney ATTEST: Date: Ai ` holut— Leilani I. Brown City Clerk 30 CITY OF NEWPORT BEACH A California Municipal Corporation and City and Charter City Date: �- By: Keith D. Curry Mayor ROY ALLAN SLURRY SEAL, INC. (California corporation) By: W P—�� (Corporate Officer) Title: President Print Name: Roy Allan Date: -- 2— t — By: � (Financial Officer) Title: Vice President Print Name: Lawrence Allan Date: � 21- State of California County of F Y nm- ) Onbefore me, Ann -Marie Allan. Notary Public (insert name and title of the officer) personally appeared Lawrence Allan who proved to me on the basis of satisfactory evidence to be the person( -S) whose name(s) isfa€e subscribed to the within instrument and acknowledged to me that her-:�_�th_� executed the same in hisJheN#heir authorized capacity(ies), and that by hisfi4e0the# signatures) 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 ai /:L«3:1�L�� �C��.► li State of California County of On _ MCxfG�N 3-A / Z?2 before me, Ami La lc' :Uay) AWic (insert name and title of the officer) personally appeared AU V l Roy MW who proved to me on the basis of satisfactory evidence to be the person*) whose name(s) is/are-- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theicauthorized capacity(les}, and that by his/her/their signatures}on the instrument the person(4, 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. w ANN MARIE ALLAN (} `� COMM. # 1934903 m� C NQ2ARY PUBLlC - CAGFORNIA n C� ' l.�l o,) w (Seal) COA4M19. ENFIRES JULY 3 ZOi6 ° Signature j LfflMrol i - .,.0 -, ..I t 13OND NO. PB l t;10a 00174. `*PFemium as based on 300%'If 17 Iioisi asntmctamouW- The premium charges on this Bond is $ 7,178.00 being at the rate of $ 10.00 Pedhousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Roy Allan Slurry Seal, Inc„ hereinafter designated as the "Principal", a contract for construction of 2012-2013 CITYWIDE SLURRY SEAL PROGRAM, Contract No. 5320 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 referenco. WHEREAS, Principal has executed or is about to execute Contract No. 5920 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Philadelphia Indemnity insurance Company , 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 Seven Hundred Seventeen Thousand, Seven Hundred Twenty and 00100 Dollars ($717,720.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an arnount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. Kral 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 forma) acceptance of the Project by the City. In the event that the Principal, executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duty executed by the Principal and Surety above named, on the 20th day of _. March '2013. Roy Allen Slurry Seat, Inc. (Principal) Philadelphia Indemnity lnsm=.Company Name of Surety 251 S. Lake Ave- Suite 360, Pasadena, CA 91101 Address of Surety 626-639-1321 Telephone Authorized SignatureMtle / 5�d6 Autholent �Siqnature Matthew J. Coats,L A - - Print and Title NOTARY ACKNOWLEDGMENT3 OF CONTRACTOR AAD 5)tRM MU5T BE ATTACHED ME State of California County of On Ma_ rCAaa0 before me, Ann -Marie Allan, Notary Public (insert name and title of the officer) personally appeared Lawrence Allan who proved to me on the basis of satisfactory evidence to be the persons} whose name(s) islare subscribed to the within instrument and acknowledged to me that helsheAhey executed the same in hisAaerftheir authorized capacity(ies), and that by hisAniedtheir signatures} on the instrument the person(s), or the entity upon behalf of which the persons} 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 �C?LA (Seat) .....n...AW.........AAR.m...Aa..M.M.A............... A. 09 a R 00 M a. R. M®R State of California County of _,____,,,, ss, On before me, Public, personally appeared proved to me ors the basis of satisf, subscribed to the within instrument same in his/her/their authorized ca instrument the person(s), or theti instrument, r' Notary V who �e ter be the psrsan(s) whose names) islare elowledged to me that he/shelthey executed the s), and that by his/her/their signatures(s) on the behalf of which the persons) acted, executed the I certify under PEA F PERJURY under the laws of the State of California that the foregoing paragraphs 6 and correct. WITNESS my har i and official seal. (seal) .ffi®.a.190'..Mian......... .......NEAR................... U&SMaXAM......... rs33y3+ra r� i#t�T1='`sFi?,7+tftE7iT7 Date of Document Type or Title of Document Number of pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CE41 CF01 COCl President t Vice -President I Secretary / Treasurer Other: Other Information: M Thumbprint of Signer Check here If no tbumbprint or fingerprint is available. �r ! State of California County of Orange W MAR 2 0 2013 before me, Adelaide C. Hunter, Notary Public (insert name and title of the officer) personally appeared Matthew J. Coats 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/ sheAhey executed the same in his/her/thrir authorized capacity(ie , and that by hisfherkheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person($) 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 scat. Signature A. aoEtasoE c. r+u�rEft Carnmission # 1994447 kk" iio=a" pliolic - California Ekt; .. .• Y Oranpa County My Comm. Expires Oct 19, 2016 263 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: LINDA D COATS AND MATTHEW J. COATIS OF COATS SURETY INSURANCE SERVICES, INC. its true and lawful Attorney(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contract's of indemnity and writings obligatory in the nature thereof, issued in the course of its, business and to bind the Company thereby, in an amount not to exceed $5,000,000.00, This Power of Atkhnec is granted aid is signed and seated by lacstaide under and by the authority of the following Resolution adopted by the Board of Drrecxors of PHILADELPHIA IN DL"-MNITY INSURANCE COMPANY at a meeting duty called the I' day o£.Fuly, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vier President of the Company to (1) Appoint Attorney(s) in Fact and authorize the Almmey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any tune, any such Aftpmoy-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached_ IN "FEST (MONY WHEREOF, PHILADELPHIA INDEMNI-IY INSURANCE COMPANY HAS CAUSE-'DTHIS INSTRUMENT TO DESIGNED AND ITS CORPORATE SEALTO BF AFFIXED BY ITS AUTHORIZED OFFICE THIS Ism DAY OF NOVEMBER20i2, (Seal) President Sean S. Sweeney, President Philadelphia Indemnity Insurance Company On this W day of November 2012, before me came the individual who executed the preceding instrument, tome personally known, and being by are duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seat of said Company; that the said Corporate Seal and his signature were duly affixed. Cn61 'NEA F EttHSvtVM 4 RU7A+itAt. SEAL LtAt3IW FORkpi, Not-, PuM ( lowxv MommT FL GOUMY , E I4iCarusrt,�ur:NIG_z,_,) NotaryPublic:Public: residing at: (Notary Seal) My commission expires: I, Craig P. Keller, Executive Vice President Chief Financial Officer and Secohary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do tosmy certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are tore and correct and are still in full force and effect_ ( do further certify that Sean S. Sweeney, who executed the Power of Attorney as Presidiaut was on the dale of execution of the attached Power of Attorney me duly elected President of PI IIt..ADELPHIA INDEMNITY INSURANCE; COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile sea; of each Company this20-P, day of P ' l v-,�`td 20 1 Craig P, Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY e; •��; �i BOND NO. PB 1 15 104 00179 Premium- Included with Pei limnance Bond ♦;; , I:s wig^'LAMINA"i� WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Roy Allan Slurry Seal, Inc., hereinafter designated as the "Principal," a contract for construction of 2012-2013 CITYWIDE SLURRY SEAL PROGRAM, Contract No. 5320 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. 5320 and the tenors 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 band will pay the same to the extent hereinafter set forth NOW, THEREFORE, We the undersigned Principal, and, _ Philadelphia Indemnity Insurance Com anp V._ duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Seven Hundred Seventeen Thousand, Seven Hundred Twenty and 00100 Dollars ($717,720.00) 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 heir, 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. M The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under vection 3181 of the California Civil Code so as to give a right of action to thein 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 perforined thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 20th day of March 2013. Roy Alien Slurry Seal, Inc. (Principal) Philadelphia indemnity lnsuranee Company Name of Surety 251 S. Lake Ave., Suite 360, Pasadena, CA 91101 Address of Surety 626-639-1321 Telephone l,u__ Authorized Signatureffitle Author' d Agent Signature Matthew 1. Coats, Attorney -in -['act Print name and Title NOTARY t r Or CONTMCTOR AND SURETY MUST BE ATTACHED M1 State of California County of�oyf } On MC4..r a ,aOl3 before me, Ann -Marie Allan, nr NotaPublic --- —r (insert name and title of the officer) personally appeared Lawrence Allan who proved to me on the basis of satisfactory evidence to be the person(S) whose names} isFare subscribed to the within instrument and acknowledged to me that h^'s�^_ 1t_-� __; executed the same in hisfherlth& authorized capacity(ies), and that by his if signatures} 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({Seal) State of California County of On Public, personally appeared ss. 7407f"741 proved to me on the basis of satisfactor subscribed to the within instrument and same in his/her/their authorized cepa it instrument the person(s), or the entity, instrument s ' I certify under PENA TY JUi foregoing paragraph isy correct. WITNESS my hand4frid official seal. Signature Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language he parson(s) whose name(s) is/are d to me that he/she/they executed the I that by his(heritheir signatures(s) on the of which the person(s) acted, executed the under the laws of the State of California that the Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/coo President I Vice -President I Secretary I Treasurer Other: Other 37 (seep Thumbprint of Signer Check here if no thumbprint or fingerprint is available. p 11g, M i! . t'; State of California County of Orange On MAR 2 0 2013 before me, Adelaide C. Hunter, Notary Public (insert name and tide of the officer) personally appeared Matthew J. Coats 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 hefshehhey executed the same in hisfherftheir authorized capacity(ies), and that by hisfltarftheir 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 A ® .w p.DELAtDE C. HUN?ER Comrtissicn d 1999447 ` , Notary Public - California -'� Orange County My Comm. Expires Oct f9, 2079 264 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St, Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS- that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: LINDA D COATS AND MATTHEW J. COATS OF COATS SURETY INSURANCE SERVICES, INC. its true and lawful Attorney(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00: This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of P141LADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I' day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid acid biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND IT'S CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS ISrn DAY OF NOVEMBER 2012_ (Seal) President Sean S. Sweeney, President Philadelphia Indemnity Insurance Company On this 15" day of November 2012, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMtdOYWEl�t. FP f39YEVANFA. NOTA IAISEAI. 6AMULE"€tRAT41, NutsxYPO I LwarerM�a 11,wa, Coiane+;aiatExptesVath 201 Notary Public: residing at: (Notary Seal) My commission expires. Bala Cvnwvd, PA March 22 2016 I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect I do further certify that Sean S. Sweeney, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 70 "ilr day of ry) /"Ya -i^ 20 13. Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY FET474571prAjiffOrn K ................. .... m.R ............ mYYYYYYYmm m................. woo State of California County of On Public, personally appeared as. zm� 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 helshelthey executed the same in his/her/their authorized capacity(ies), and that by hisliner/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the personsacted, 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 .m ............................... Date of Document Type. or Title of Document Number of Pages in Document Document in a Foreign Type of Satisfactory Evid Personally Known Paper Identificatio Credible Witness( Paper Identification ........m0 . . . . . . . . . . . . . . . . . . . . . . . . . . I INFORMATION Capacity of Signer., Trustee Power of Attorney CEO/CFO/COO President I Vice -President I Secretary / Treasurer Other: other Ro Thumbprint of Signer El checkhamif no thurnbprint or fingerprint is available. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT I CONTRACT NO. 5320 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. 5320 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 2. 3, Lump Sum Mobilization Dollars and n, r -o Cents $ <( Per Lump Sum Lump Sum Traffic Control rtm a k-a'aC 'A @�� �� Dollars and �v Cents $ iZa' Per Lump Sum 3,250,000 S.F. Type I Slurry Seal @ Z e—cc s Dollars and �7 llk ,o k. 4 � i {�, a Cents $ Z< $ � G I 00 Per Square Foot 4. 600,000 S.F. Asphalt Based Sealcoat (Parking Lots) @ 'Ze Dollars and g IQ.., V ' S Cents $ S � % $—%4 -(a0 -0'X Per Square Foot ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. Lump Sum Crack Sealing i�,;s3� �r ctia�xr-rad @ Nc . ycA Dollars and %,—rj Cents Per Lump Sum 6. Lump Sum Install Pavement Striping and Markings @a� {� Dollars and 2 w-0 Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and 2,e.` Cents ?)-12- Date Bidder's Telephone and Fax Numbers S--mg � C -0 - Bidder's License No(s). and Classification(s) Bidder's email address: g00,0� Total Price (Figures) Bidde Bidder's Authorized Signature and Title Bidder's Address 1 1 1 1 2 2 2 2 3 2 2 2 3 3 3 3 3 3 4 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2012-2013 CITWIDE SLURRY SEAL CONTRACT NO. 5320 INTRODUCTION PART 1 ---GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 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 5-1 LOCATION 5-2 PROTECTIONS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6-1.1 Construction Schedule 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 3 2 2 2 3 3 3 3 3 3 4 4 4 4 6.9 LIQUIDATED DAMAGES 4 6-11 SEQUENCE OF CONSTRUCTION 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 6 7-7 COOPERATION AND COLLATERAL WORK 6 7-8 PROJECT SITE MAINTENANCE 6 7-8.4.3 Storage of Equipment and Materials in Public Streets 6 7-8.6 Water Pollution Control 7 7-6.6.2 Best Management Practices (BMPs) 7 7-8.7.2 Steel Plates 7 7-10 PUBLIC CONVENIENCE AND SAFETY 7 7-10.1 Traffic and Access 7 7-10.3 Street Closures, Detours, Barricades 8 7-10.4 Public Safety 8 7-10.4.1 Safety Orders 8 7-10.5 "No Parking„ Signs 9 7-10-6 Notice to Residents 9 7-15 CONTRACTOR LICENSES 9 SECTION 9 MEASUREMENT AND PAYMENT 10 9-3 PAYMENT 10 9-3,1 General 10 9-3.2 Partial and Final Payment 11 PART 2 ---CONSTRUCTION MATERIALS SECTION 203 BITUMINOUS MATERIALS 11 203-5.2 EMULSION -AGGREGATE SLURRY 11 203-5.2 Materials 11 203-9 SEALCOAT-ASPHALT BASED 12 203-9.1 General 12 SECTION 214 PAVEMENT MARKERS 12 214-4 NONREFLECTIVE PAVEMENT MARKERS 12 214-5 REFLECTIVE PAVEMENT MARKERS 12 PART 3 ---CONSTRUCTION METHODS SECTION 300 EARTHWORK 12 300-1 CLEARING AND GRUBBING 12 300-1.3 Removal and Disposal of Materials 12 SECTION 302 ROADWAY SURFACING 13 302-4 EMULSION -AGGREGATE SLURRY 13 302-4.3 Application 13 302-4.3.1 General 13 302-4.3.2 Spreading 13 302-43.3 Field Sampling 13 SECTION 310 PAINTING 13 310-5 PAINTING VARIOUS SURFACES 13 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 13 310-5.6.6 Preparation of Existing Surfaces 13 310-5.6.7 Layout, Alignment and Spotting 14 310-5.6.8 Application of Paint 14 310-5.6.11 Pavement Markers 15 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 15 312-1 PLACEMENT 15 i np,1 01elfielkii SP 1 OF 15 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 -6034-S); (3) the City's (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's 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 .a+ 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) crack sealing, (5) placing emulsion aggregate slurry seal, (6) placing seal coat, (7) installing new traffic striping, pavement markings, and raised pavement markers, and other incidental items of work necessary to complete the work in place." 2-9.1 Permanent Survey Markers. Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey SP2OF15 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 Corner Records with the County of Orange upon monument restoration. 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." SECTION 3 ---CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup, Replace this section with the following: "(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 ................_.............,............. 15 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, one (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 (prior to any markups) 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 Add Section 4-1.3.4 Inspection and Testing "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 SP 3 OF 15 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. 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 5-1 LOCATION. Add the following after the 3`d paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 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." 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.' 6-1.1 Construction Schedule. Add the following between the first and second paragraphs of this section: 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 City intends on awarding this project on April 9, 2013. The pre - construction meeting will be scheduled for 10.00 on April 11, 2013 and the Notice to Proceed planned to be issued that day. The Contractor should plan start of construction on April 15, 2013 to allow completion of all work by June 28th. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. 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 MOMPOW until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 55 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery 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 15t (New Year's Day), the third Monday in January (Martin Luther Icing Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 0, 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 the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the 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 p.m. on Saturday only. A request for working outside the normal working 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 $146 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. SP 5 OF 15 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages 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." C fiE =L�lq T. La i73dil.E` NZIU&NEOU A. Work shall begin on Canal Circle in the Newport Shores community. 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 the test area until the slurry and mix design meet specifications. B. Newport Shores shall be completed prior to mobilizing to West Newport (working from west to east), then the Newport Pier area, Balboa Village, Park Lido and Lido Isle. 1. Contractor should note that the Orange Street beach access road lane width is about 9 feet and may require a custom truck/spreader for slurry seal work. Work will not be allowed for the following areas on the dates listed below to minimize impacts with the City of Newport Beach Recreation Department's scheduled events. 1. West Newport 1 — May Stn thru 12th, June 1st and September 28th & 291h. 2, Newport Pier—June 1st. 3. Balboa Village — April 20th thru 21St, April 25th, October 5th & 6". C. Sealcoating and striping work for the following parking lots will not be allowed on the dates listed below to minimize impacts with the City of Newport Beach Recreation Department's scheduled events. 1. Seashore Parking Lots — May 9th thru 12th, 2. Newport Pier Parking Lots — May 28tH thru June 1st. All work for this lot shall be phased so that'/2 the lot remains open to the public at all times. 3. Balboa Pier Parking Lots — April 15th thru 26th. All work for this lot shall be phased so that 'l2 the lot remains open to the public at all times. The ideal work window for this lot would be April 22nd to May 17m 4. "A" Street & "B" Street Lots - April 151n thru 26tH. Work for these lots will be phased so that one of these lots remains open to the public at all times. The ideal work window for these lots would be April 22nd to May 17tH SP 6 OF 15 SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 7-1.2 Temporary Utility Services. Add to this end of this section: "if the Contractor elects to use City water, he shall arrange for a meter and tender a $1,073.21 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water" 7-7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shutdown of water and/or sewer facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m, or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. The City must approve any nighttime work in advance. It is the Contractor's responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down." 7-8 WORK SITE MAINTENANCE Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 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 in advance. 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. SP 7 OF 15 The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 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 www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.clea nwaternewport. com." 7-8.6.2 Best Management Practices (BMPs). Add to this section: The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-8.7.2 Steel Plates. "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 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 =1 AA 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)." 7-10.3 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 detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. 1f 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. 5. The contractor shall provide appropriate signage and safe detours for bicyclists in and around construction project. The contractor shall also restore pavement markings along designated bikeways to their original conditions as soon as possible. 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 SP9OF15 properly 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." Add the following Section 7-10.5 "No Parking" Signs 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 by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 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 City of Newport Beach "Temporary Tow -Away, No Parking" signs are 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 non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-10.6 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. 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 or a "C-12" Contractor's License. At the start of work and until completion of work, the Contractor SP 10 OF 15 and all Sub -contractors shall possess a valid 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 and Demobilization: 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. It shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA Markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. in addition, this item includes, if required, preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, , signs, cones, barricades, flashing arrow boards and changeable message signs, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Type I Slurry Seal: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to preparing the roadway surface, removing existing traffic striping and pavement markings, protecting raised pavement markers, providing slurry test report only when initial test results do not meet specifications, placing Type I slurry seal, and all other work items as required to complete the work in place. Item No. 4 Asphalt Based Sealcoat (Parking Lots): 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 sealcoat test report only when initial test results do not meet specifications, placing two coats of asphalt based sealcoat, and all other work items as required to complete the work in place. SP 11 OF 15 Item No. 5 Crack Seal: Work under this item shall include routing out the crack, applying a soil sterilizer, crack sealing of the existing asphalt roadway to be resurfaced with a hot -applied crack sealant (Deery 200 product by Crafco or approved equal), applying an asphaltic tack coat to the roadway and all other work items as required to complete the work in place. Contractor will be required to fill all cracks greater than 1/4" in street areas, and all cracks greater than 118" in parking lots. Item No. 6 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. Delete the third paragraph and replace with the following: "From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid." Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 203 --- BITUMINOUS MATERIALS 203-5 EMULSION -AGGREGATE SLURRY 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: Furoi 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: SP 12 OF 15 Latex - Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company, Inc., or equal approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 2Y2 percent of weight of the emulsified asphalt. Latex- added emulsified asphalt shall be kept in a suspended state by an agitating mixer and mixed every three days. Materials testing shall be performed as directed by the Engineer." Replace in Table 203-5.2 (B): Sand Equivalent shall range from a value of 55 to a value of 45." 203-9.1 General Add to this Section: "Asphalt based sealcoat product shall be as manufactured by GuardTop or approved equal." 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 t t A_\;71.Cr71 <Iaxe] Sll 3:1ILI 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: hftp://newportbeachca.aov/index.aspx?pace=157 and then selecting the link Franchised Haulers List." SP 13 OF 15 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." 302-4.3.2 Spreading. Replace the first sentence of the second paragraph with, "Slurry seal shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. on the same day. In case of damage done by vehicles and/or pedestrians upon slurry that has not been sufficiently cured by 3:00 p.m., the Contractor shall replace all of the damaged work at the Contractor's expense and no additional compensation shall be made by the City. Upon the completion of the day's slurry, street or parking lot shall be temporary striped. Final striping shall be installed no more than ten (10) working days after placement of slurry." Replace the first sentence of the third paragraph with, "Prior to the slurry application, the Contractor shall clean all work surfaces and remove all loose materials, vegetation, oil, and other foreign material. Additionally, all weeded locations shall be treated by an approved weed -killer before any slurry shall be applied." 302-4.3.3 Field Sampling. Add this section: "Upon the Engineer's direction, the Contractor shall slurry seal test sections within the construction limits for each batch of slurry mix. The Contractor shall apply the slurry test sections as directed by the Engineer. No slurry shall be applied until the test slurry sections have been approved by the Engineer. The costs of these slurry tests shall be included in the contract price paid for slurry seal and no additional compensation shall be made by the City to the Contractor. Field samples that do not meet the requirements of Table 301-4.2.2 (A) shall be re -tested. The Contractor shall be responsible for all cost associated with the re -testing." SECTION 310 --- PAINTING Y. 1. l s •. � 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310-5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer," SP 14 OF 15 310-5.6.7 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. Paint for temporary traffic striping and pavement markings shall be white Formula No, 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.25 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. 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." Add the following Section: SP 15 OF 15 "310-5.6.11 Pavement Markers. "All Pavement markers shall comply with Section 85 of the State of California Standard Specifications. Non -reflective markers shall be ceramic. All new markers shall have glass faces or be 3M series 290." SECTION 312 --- PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No, STD -902-L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." z � JOHN WAYNE VICINITY MAF NOT TO SCALE 0 PROJECT LOCATION Mo all !' IUR WMA w ! Io a HMO L No. 70740 Exp. 06-30-53 SEN IVIL GINF.CF DATE R:' -.E. 70740 C-5320 I R -6034-S a��� Sig 1w.NFORTALT161. wavolr.a-kA . 601 �' IAM MI =71,111 • l� Lcj • APPROVED SENIOR CIVIC GINEER DATE R.GE. 70740 N.T.S. 1 2 OF C-5326 I R-60345 LIMITS OF SLURRY SEAL 1 �'W Iwor 4 m m m m m y A APPROVED SENIOR CIVIL GINEER DATE R.C.E. 70740 T.S. C-5320 I R -6034-S U U) No. 70740 Exp. 06-30-13 EM LIMITS OF SLURRY SEAL WEST NEWPORT 1 r (DpCAa, CITY F NEWPORT EACH APPROVED CITY PUBLIC WORKS DEPARTMENT i SENIOR CIVILQNGINEER DATE 2012-2013 CITYWIDE R.C.E.'0740 1404 .� .. C-5320 I R -6034-S NEWHALL ST (SEE SHEET 4) LIMITS OF SLURRY; fG witTITI m as MEMI, ftom 5*lGVw-TFMFEYmTWW APPROVED WM5��- -DATE R.C.E. 70740 C-5320 I R -6034-S LIMITS OF SLURRY SEAL \AI� Kil IAIP1/' l I APPROVED SENIOR CIVILQJNGINEER DATE R.C.E. 70740 /1,51 N. LS. 1 6 OF 2' 1'¢ - PAy C-5320 R -6034-S iR I U) F - z LIMITS OF SLURRY SEAL W-0- a -a 511 L51 IN W& 1001 WMA 0 w Ne -•lei SO, ril MA I UsToffiffift APPROVED SENIOR CIVILtENGINEER DATE R.C.E. 70740 N. T.S. 1 7 OF C-5320 [ R -6034-S LIMITS OF SLURRY SEAL 1 - z� •.. 10 A SENIOR CIVIL GINEER DATE R.C.E. 70740 C-5320 I R -6034-S LIMITS OF SLURRY SEAL CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT SENIOR aViLkENGINEER DATE 2012-2013 CITYWIDE R.C.E.'0740 DATE SCALE SHEET SLURRY SEAL PROD O, N.T.S. 9 OF 21 PROGRAM DRAWN C-5320 R -6034-S PAy !s< . 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T T S C ��. �.. Im lJ .r .. up, {-�� 3 M1® • P_ 4gOFESS1oN AR t No. 70740 Exp. 06-30-13 LIMITS OF SEAL COATING 26TH STREET s�qT clvi PARKING LOT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2012-2013 CITYWIDE SLURRY SEAL PROGRAM APPROVED SENIOR CIVIL GINEER DATE R.C.E. 70740 DATE SCALE SHEET 01/07/13 N.T.S. 15 OF 21 DRAWN PA C-5320 R -6034-S LIMITS OF SEAL COATING NEWPORT PEIR PARKING LOTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2012-2013 CITYWIDE SLURRY SEAL PROGRAM ���c� L ARcI�� Q a No. 70740 Exp. 06-30-13 s?Aa. CIVIL/_nt`i APPROVED SENIOR CIVIL GINEER DATE R.C.E. 70740 01/07/131 N.T.S. 16 OF V PAy C-5320 R -6034-S �j BAY AVE EAST I z D 0 m LIMITS OF SEAL COATING 1, ARS w Q � BALBOA PENINSULA a No. 70740 Exp. 06 30-1 LIBRARY/ FIRE STATON PARKING LOT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2012-2013 CITYWIDE SLURRY SEAL PROGRAM APPROVED SENIOR CIVILQbqGINEER DATE R.C.E. 70740 DATE SCALE SHEET 01/07/13 N.T.S. 17 OF 21 DRAWN PA C-5320 R -6034-S Am " kf Z it �_ I 41�11' -n T-1 w [NAG30N ST r P. MT k— F T_ f FE S L. AR MAIN ST. as a No. 70740 Exp. 06-30-13 LIMITS OF SEAL COATING BALBOA PIERQvil, PARKING LOTS OF c CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT SENIOR CIVIL ENGINEER DATE 2012-2013 CITYWIDE R.C.E. 70740 DATE SCALE SHEET 01/07/13 N. T. S. 18 OF SLURRY SEAL PROGRAM DRAWN PA C-5320 C-5320 R-6034- 21 LIMITS OF SEAL COATING CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2012-2013 CITYWIDE SLURRY SEAL PROGRAM A STREET APPROVED SENIOR CIVILUGINEER DATE R.C.E. 70740 DATE SCALE SHEET 01/07/13 N.T.S. 19 OF 21 DRAWN PA C-5320 C-5320 R -6034-S O� At v R �n" ONS,• � }�: CO Q-7ji LIMITS OF SEAL COATING B STREET PARKING LOT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2012-2013 CITYWIDE SLURRY SEAL PROGRAM 44�G� L ARS' Q � a a No. 70740 Exp. 06-30-13 APPROVED SENIOR CIVIL GINEER DATE R.C.E. 70740 01/07/131 N.T.S. 1 20 OF 21 DRAWN IA, I C-5320 I R -6034-S 32ND STREET LIMITS OF SEAL COATING 4 CITY HALL r%A r%1/1k IP1 1 e%T CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2012-2013 CITYWIDE SLURRY SEAL PROGRAM APPROVED SENIOR CIVIL GINEER DATE R.C.E. 70740 DATESCALE SHEET 01 07 13 N.T.S. 21 OF DRAWN PA C-5320 R -6034-S Client#: 1257747 305ROYALL ACORD,. CERTIFICATE OF LIABILITY INSURANCE QA 03122112212012DtV3 3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. 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). BB&T Insurance Services "PHONE " 794 578-7000 ; I No Est): of Orange County ADDREss: ttetlbbandl 680 Langsdorf Drive Suite 100 ADDRESS. _. y_ Fullerton, CA 92831 INSURER A. Travelers Pro( INSURED INSURER B, Navigators in: ROY ALLAN SLURRY SEAL INC Travelers Inde 11922 Bloomfield AvenueD. INSURER c: _ Santa Fe Springs, CA 90670 INSURER ....... -- UUVMKAOtC UMKIIFIUA I M KUMIMtf: KMyIJIUIY IVUIVIDCK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN oa TYPE OF INSURANCEADDL�SUwaaf'___ - -'-ory r" var,rsaco ,u.Oe,nnvrwvvFF i ,u�OiminYrrvXvv, LIMITS A I GENERAL LIABILITY ; X i X ( DTEC0763X435STIL12 07/01/2012 X COMMERCIAL GENERAL LIABILITY _ CLAIMS MADE OCCUR X. PD pad: $2,500 Xi OGIP EXcl GENT. ArGREGAT1E LIMIT APPLIES PER. POLICY ( XI JET i LOC _ G AUTOMOBILE LIABILITY X I X IDT810763X4355TIL12 j MED EXP (Any orre pomm) $ PERSONAL & ADV INJURYry $ i GENERAL AGGREGATE__ _$ PRODUCTS -COMP/OPAGO $ $ 207/Ot/201JUMB,INED-SINGLE LIMIT rct $ ANY AUTO IBODILY INJURY (P., pAUTOS arson) $ ALLOWNED SCHEDULED BODILY INJURV (Per accident) $ HIRED AUTOS AUTOS AUTO NON-OWNED I PROPERTY DAMAGE S B1 UMBRELLA Lute OCCUR EXCESS LIAB (rn ns:o A I AND EMPLOYERS' LIABILITY MIA SE12EXC75885581V X !DTJUS4541LO40TIL12 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 181, Additional Remarks Schedule, if more space is required) RE: 2012.2013 Citywide Slurry Seal The City of Newport Beach, its officers, employees and agents Certificate Holder is named Additional Insured with regards to the Commercial General Liability Form #: CGD2460805 and Automobile Form #: CA20480299. Certificate holder has also been Issued Primary Warding for General Liability Form # CGD316 0704 pg. 4 of 6 and Automobile Farm #: CA0001 1001, Waiver of Subrogation (See Attached Descriptions) City of Newport Beach SHOTHEULD ANY EXPIRATTIIONHDATEVE DESCRIBED THEREOF, NOTICEIES BE WILLCBECELLED DE DELIVERED IN P.O. BOX 1768 ACCORDANCE WITH THE POLICY PROVISIONS, Newport Beach, CA 92658-8915 AUTHORIZED REPRESENTATIVE @ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 2 The ACORD name and logo are registered marks of ACORD #S10194304tM8890219 TRTET for General Liability Form #: CGD316 0704, and Automobile Form #: CAT3530609 as well as Waiver of Subrogation on Workers Compensation, form #: WC 040306 01. All forms attached. 30 Day Notice of Cancellation with the exception of Non Payment which is 10 days. 5AWI IA20.3)ZUIU/UO) 2 ofY #S10194304/M8890219 BOY ALLAN SLURRY SEAL POLICY NUMBER: DT810763X4355TIL12 COMMERCIAL AUTO ISSUE DATE: 07/01/2012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not atter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED TO INCLUDE AS AN ADDITIONAL INSURED ON THIS COVERAGE FORM IN A WRITTEN CONTRACT OR AGREEMENT THAT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGR• OCCURS AND THAT IS IN EFFECT DURING THE POLICY PERIOD. (B no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement) Each person or organization shown in the Schedule is an "insured" far Liability Coverage, but only to the extent that person or organization qualifies as an "insured'under the Who Is An Insured Provision contained in Section h of the Coverage Form, CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of t Roy Allan Slurry Seal DTEC0763X435STIL12 07/01/2012 to 07/01/2013 COMMERCIAL GENERAL LIABILITY iii!' 1 ,. sl. _ � •.,. � i a... 01 Z I I ZrOf 1,01' This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART i. WHO IS AN INSURED — (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section SII — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying urveying services, including: L The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and it. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to 'bodily injury" or "property damage" caused by "your work and included in the "products -completed op- erations hazard" unless the "written contract. requiring insurance" specifically requires you, to provide such coverage for that additional insured, and then the insurance provided to the additional Insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL. LIABILITY I. How, when and where the "occurrence" or offense took place; II. The names and addresses of any injured persons and witnesses; and ill. The nature and location of any Injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit' is brought against the additional Insured, the additional insured must: L Immediately record the specifics of the claim or "suit" and the date received; and h. Notify us as soon as practicable. The additional Insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must Immediately send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above, 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offensecommitted: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 ROY ALLAN SLURRY SEAL POLICY NUMBER: D'1810763X4355T1L12 i ! i ' ' # + i COMMERCIAL AUTO ISSUE DATE: 07/01/2012 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage f=orm apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are Insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not atter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED TO INCLUDE AS AN ADDITIONAL INSURED ON THIS COVERAGE FORK IN A WRITTEN CONTRACT OR AGREEMENT THAT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY' OR 'PROPERTY DAMAGE' OCCURS AND THAT IS IN EFFECT DURING THE POLICY PERIOD. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement) Each person or organization shown in the Schedule is an "insured" for liability Coverage, but only to the extent that person or organization qualifies as an Insured" under the Who is An Insured Provision contained in Section It of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Im, 1998 Page 1 of t ROY ALLAN SLURRY SEAL. INC DTEC0763C4355TIL12 COMMERCIAL GENERAL LIABILITY b. "Bodily injury" or "property damage" in- cluded in the "products -completed opera- tions hazard". L OTHER INSURANCE CONDITION A. COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV), paragraph 4. (Other Insurance) is deleted and replaced by the fol- lowing: 4. Other Insurance If valid and collectible "other insurance" is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insur- ance is primary, our obligations are not affected unless any of the "other insurance" is also primary. Then, we will sham with all that "other Insur- ance" by the method described in c. below. b. Excess Insurance This insurance is excess over any of the "other insurance", whether pri- mary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for "your work"; (2) That is Fire insurance for prem- ises rented to you or temporarily occupied by you with permission of the owner; (3) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or tempo- rarily occupied by you with per- mission of the owner, or (4) If the loss arises out of the main- tenance or use of aircraft, "autos", or watercraft to the ex- tent not subject to Exclusion g, of Section I — Coverage A — Bodily Injury And Property Damage Li- ability; or POLICY TERM: 07/0112012 TO 07/01/2013 insured under any other policy, including any umbrella or excess policy. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any provider of "other in- surance" has a duty to defend the in- sured against that "suit". If no pro- vider of "other insurance" defends, we will undertake to do so, but we will be entitled to the Insured's rights against all those providers of "other insurance". When this insurance is excess over 'Other insurance", we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such "other insurance" would pay for the loss in the absence of this in- suranoe; and (2) The total of all deductible and self-insured amounts under that "other insurance". We will share the remaining loss, if any, with any "other insurance" that is not described in this Excess Insur- ance provision. c. Method Of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, which- ever comes first. If any of the "other insurance" does not permit contribution by equal shams, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insur- ance to the total applicable limits of insurance of all providers of insur- ance. B. The following definition is added to DEFINITIONS (Section V): "Other Insurance": (5) That is available to the insured a. Means insurance, or the funding of losses, when the insured is an additional that is provided by, through or on behalf of: Page 4 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D316 07 04 ROY ALLAN SLURRY SEAL, INC. DTEC0763X4355TIL12 COMMERCIAL GENERAL LIABILITY 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices, b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of LIMITS OF INSURANCE (Section 911) is deleted and replaced by the following: Subject to S, above, the Damage To Prem- ises Rented To You Limit is the most we will pay under COVERAGE A_ for the sum of all damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or fght- ning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the nigher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To. You Limit. 4. Paragraph a. of the definition of "insured con- tracf" (DEFINITIONS — Section V) is deleted and replaced by the following: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water, is not an "insured contract"; POLICY TERM: 07101/2012 TO 07/01/2013 5. This Provision B. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section (— Coverages) is excluded by endorsement. C. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. D. BLANKET ADDITIONAL: INSURED — MANAG- ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section II) is amended to include a$ an insured any person or organization (referred to below as "additional insured") with whom you have agreed in a written contract, exe- cuted before the "bodily injury" or "properly dam- age" occurs or the "personal injury" or "advertis- ing injury" offense is committed, to name as an additional Insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the writ- ten contract, or the limits shown on the Decla- rations, whichever are less. 2. The insurance afforded to the additional in- sured does not apply to' a. Any "bodily injury" or "property damage" that occurs, or "personal injury" or "adver- tising injury" caused by an offense which is committed, after you cease to be a ten- ant in that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible Page 2 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 020578 COMMERCIAL AUTO B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2„ 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Decla- rations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period, 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that cov- erage only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that cov- erage; and b. You tell us within 30 days after you ac- quire it that you want us to cover it for that coverage. C. Certain Trailers, Mobile Equipment And Tem- porary Substitute Autos If Liability Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or toured by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction. SECTION If — LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "prop- erly damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of covered "autos". However, we will only pay for the "covered pollution cost or expense" if there is either "bodily injury" or "prop- erty damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "in- sured" against a "suit" asking for such damages or a "covered pollution cost or expense". How- ever, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily in- jury" or "property damage" or a "covered pollution cost or expense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to de- fend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by pay- ment of judgments or settlements. 1. Who is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your per- mission a covered "auto" you own, hire or borrow except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer"con- nected to a covered "auto" you own, (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a busi- ness of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (f you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while mov- ing property to or from a covered "auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "in- sured" described above but only to the extent of that liability. Page 2 of 12 O ISO Properties, Inc., 2005 CA 00 0103 06 Roy Allan Slurry Seal DT81D763X4355TIL12 07/01/2012 to 07/01/2013 COMMERCIAL AUTO charge, your policy will automatically provide for the balance, if any. The due date for the additional coverage as of the day the re- the final premium or retrospective pre- vision is effective in your state, mium is the date shown as the due date 4. No Benefit To Bailee — Physical Damage on the bill. If the estimated total prerhium Coverages exceeds the final premium due, the first Named Insured will get a refund. We will not recognize any assignment or grant any coverage for the benefit of any per- b. If this policy is issued for more than one son or organization holding, storing or trans- year, the premium for this Coverage Fora porting property for a fee regardless of any will be computed annually based on our other provision of this Coverage Form. rates or premiums in effect at the begin- ning of each year of the policy. s. Other Insurance 7. Policy Period, Coverage Territory a. For any covered "auto" you own, this Coverage Form provides primary insur- Under this Coverage Farm, we cover "acci- ance. For any covered "auto" you don't dents" and "losses" occurring: own, the insurance provided by this Cov- a. During the policy period shown in the erage Form is excess over any other col- Declarations; and lectible insurance. However, while a eov- b. Within the coverage territory. ered "auto" which is a "trailer' is con- nected to another vehicle, the Liability The coverage territory is: Coverage this Coverage Form provides a. The United States of America; for the "trailer" is: b. The territories and possessions of the (1) Excess while it is connected to a me- United States of America; for vehicle you do not own. c. Puerto Rico; (2) Primary while it is connected to a d. Canada; and covered "auto" you own. b. For Hired Auto Physical Damage Cover- age, any covered "auto' you lease, hire, (1) A covered "auto" of the private pas - rent or borrow is deemed to be a covered senger type is leased, hired, rented "auto" you own. However, any "auto" that or borrowed without a driver for a pe- is leased, hired, rented or borrowed with riod of 30 days or less; and a driver is not a covered "auto". (2) The "insured's" responsibility to pay c. Regardless of the provisions of Para- damages is determined in a "suit" on AE graph a. above, this Coverage Form's Li- the merits, in the United States of ability Coverage is primary for any liability America, the territories and posses - assumed under an "insured contract". sions of the United States of America, Puerto Rica, or Canada or in a set- all. When this Coverage Form and any other tlemen# we agree to. Coverage Fort or policy covers on the same basis, either excess or primary, we We also cover "loss" to, or "accidents" involy- will pay only our share. Our share is the ing, a covered "auto" while being transported proportion that the Limit of Insurance of between any of these places. our Coverage Form bears to the total of 8. Two Or More Coverage Forms Or Policies o the limits of all the Coverage Forms and Issued By Us policies covering on the same basis. If this Coverage Form and any other Cover - 6. Premium Audit age Form or policy issued to you by us or any a. The estimated premium for this. Coverage company affiliated with us apply to the same Form is based on the exposures you told "accident", the aggregate maximum Linrit of us you would have when this policy be- Insurance under all the Coverage Fomts or gan. We will compute the final premium policies shall not exceed the highest applica- due when we determine your actual ex- ble Limit of Insurance under any one Cover- posures. The estimated total premium will age Form or policy. This condition does not be credited against the final premium due apply to any Coverage Form or policy issued and the first Named Insured will be billed by us or an affiliated company specifically to CA 00 0103 06 © ISO Properties, Inc., 2005 Page 9 of 12 018094 ROY ALLAN SLURRY SEAL DT810763X4351076 COMMERCIAL AUTO (b) A partner (if you are a partnership); (c) A member (if you aro a limited I:ahility Own - parry): (d) An executrre officer, director or insurzanr,e manager (it you aro a curpordtimt o: other of- ganization): or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". NL BLANKET WAIVER OF SUBROCATION The following replaces Paragraph A.9., Transfer Of Rights Of Recovery Against Others To Us, or sEcTION N — BUSINESS AUTO CONDI- TIONS: S_ Transfer Of Rights Of Recovery Against Others To Us We. waive any right of recovery ore may hove against any person or orgy iization to the ex - POLICY DATES: 07/01/12 TO 07/01/13 tent required of you by a written contras: signed ane executes prior to any "accident" or "loss", provided that the "accident" or "loss" ariscs out of operations cordert phated by such contract. The waiver applies only to the prison or organiz3bon designated in such contract. N. UNINTENTIONAL ERROR$ OR OMISSIONS The following is added to Paragraph B.2.. Gen- ceahnent, Misrepresentation, Or Fraud, of SECTJON IV—BUSINESS AUTO CONDITIONS: The unintontionai omission of, or unintentional on'or in, ally infurrnation givuf] by you shall nu€ prejudice your rights under this insurance. How- ever this provision dons not effect our right to col - Not additional prUtniurn or exer'ctse our fight of cancellation or non-renovmt. Page 4 of 4 C, -,QCQ The`rmaelers C npgnx , Inc_ CA T3 53 06 09 Inciud z the o`!piA3htcd matcriul of in .wanes Services Office. Inc. vreh ite permrsaian IM"n ROY ALLAN SLURRY SEAL DTJUB4541LO40TIL12 07/01/12 TO 07/01/13 AVW 'IravelersPropertyCasualty �a. naaMm<; mrp i WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 04 03 06 (01) — We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE % OF THE CALIFORNIA WORKERS' COMPENSATION PREMIUM OTHERWISE DUE ON SUCH REMUNERATION. F�.7r�rn1� PERSON OR ORGANIZATION JOB DESCRIPTION AS NAMED ON CERTIFICATE OF INSURANCE DATE OF ISSUE: - - ST ASSIGN: CERTIFICATE OF INSURANCE CHECKLIST This checklist is comprised of requirements as outlined by the City of Newport Beach.'` Date Received: 3/25/13 Dept./Contact Received From: Shari Date Completed: 3/25/12 Sent to: Shari By: _. Renee Company/Person required to have certificate: _ R.9y Allan Slurry Seal, Inc,,_ Type of contract: All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 7/1/12 to 7/1/13 _ A. INSURANCE COMPANY: Travelers Property Casualty Co B. AM BEST RATING (A-: VII or greater): 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? $1,000,000 / $2,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? M Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): @ N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 711/12 to 7/1/13 _ A. INSURANCE COMPANY: Travelers SnBemnity C xnpanp B. AM BEST RATING (A-: VII or greater) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? M Yes ❑ No D. LIMITS - If Employees (Must be $1M min. Bi & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ NIA M Yes 0 No Dl. VV0RKER6'COk4PENSAT/0m EFFECTIVE/EXPIRATION D8TE: 7/1/12 to 7/1113 A, INSURANCE COMPANY: B, AW1BEST RATING (A -: VII orgneater): XV C� ADMITTED Company (Must beCalifornia Adnoi3ed): Yes []No D� WORKERS' COMPENSATION LIMIT: Statutory 0Yes [lNo E. EMPLOYERS' LIABILITY LIMIT (Must be$1Morgreater) $1,000,000__-- F� WAIVER VFSUBROGATION (To indude):|uit included? XYes [lNu G� SIGNED V*3RKERG'COX8PENS8Ti0NEXEMPTION FORM: 2N/A El Yes EJ No H. NOTICE OFCANCELLATION: EJ N/A XYes DNn ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED \Y. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPUTED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 0 NIA El Yes 0 No El Yes rA No RISK MANAGEMENT APPROVAL dnittedcarrier rated less than ; Self Insured Retention or Deductible greater than $__---j 0 N/A 0 Yes E Reason for Risk Management approvallexceptiontwaiveri Risk Management Check a License - License Detail - Contractors State License Board Page I of 2 DEPARTMENT OF CONSUMER AFFAIRS Contractors State License Board 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 7 4.6) 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 372798 Extract Date 3119/2013 ROY ALLAN SLURRY SEAL INC Business Information Business Phone Number: (562) 864-3363 https:llwww2.cslb.ca.govlOnlineServsceslCheckl,icenselllLicenseDetail.aspx?LicNum=3... 03/19/2013 11922 BLOOMFIELD AVE SANTA FE SPRINGS, CA 90670 Entity -... Corporation Issue Date 04/2511979 Expire Date 04/3fl/2013 ACTIVE License Status This license is current and active. All information below should be reviewed. CLASS DESCRIPT#O?at C12 EARTHWORK AND PAVING C32 PARKING AND HIGHWAY IMPROVEMENT Classifications SOIL GROUFING. SLURRY TRENCH CUT-OFF WALLS SOIL D43 STABILIZATION A GENERAL. ENGINEERING CONTRACTOR _ CONTRACTOR'S BONaO.. __. _... This license fled a Contractor's Bond with WESTERN SURETY COMPANY. Bond Number: 58635465 Bonding Bond Amount: $12,500 Effective Date: 01/01/2007 Contractor's Bond History BON_, OF QUALIFYING INDIVIDUAL https:llwww2.cslb.ca.govlOnlineServsceslCheckl,icenselllLicenseDetail.aspx?LicNum=3... 03/19/2013 Check a License - License Detail - Contractors State License Board Page 2 of 2 1. The Responsible Managing Officer (RMO) ALLAN WILLIAM ROY certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 01/01/1980 2. This license filed Bond of Qualifying Individual number PHSBO15000014 for ALLAN WYATT LAWRENCE in the amount of $12,600 with ILLLICO CASUALTY COMPANY. Effective Date: 07/21/2011 WORKERS'COMPENSAVON This license has workers compensation insurance with TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA Workers` Compensation Policy Number: DTJUB4541L040TIL12 Effective Date: 07/01/2012 Expire Date: 07/0112013 Workers' Compensation Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel ListajrUcenses= Conditions of Use I RE!yacv Palicy Copyright @ 2010 State of California https:llwww2.cslb.ca.go,,,10nlineServicesICheekLicenselIlLie-enseDetail.aspx?LieNum=3... 03/19/2013 Best's Credit Rating Center - Company Information for Philadelphia Indemnity Insurance ... Page 1 of 2 Philadelphia Indemnity Insurance Company OF,rdthapaoe We A.M. Are at 003616 NAIC k: 18056 FEIN M: 231738402 includes Bests Financia, Strength Rating and financial data as provided in the most current adition of Best's Key Add reqs; One Bala Plaza Suite 100 Assigned to BpuabilliFaring " Bala Cynwyd, PA 19004-1403 companies is HE ted States that have In A+e "�gpgr Web: vmvw.phiv cpm our opinion, Phoner Bi0-817-7900 a superior ability to meet their Fax¢ 810-617-7940 ongoing insurance obligations. '.. Based on A.M. Best's analysis, 050962 - Tend Marna Holdings. Inc is the AMB Ultimate Parent and identifies the topmost entity of the corporate alruclura- view a list of operating insurance applies In this 9UgGure. as Rating: A,- (superior) Financial Size Category: XV ($2 Bitiian ar greaterl Effective pate: February 28, 2013 a Ni's, .. u ""Basco assts Rating Long -Term: aa+ Outlook: Stable Acflon: Affnned Date: February 28, 2013 Office: A.M. Best Company, Oidwick NJ Financial Analyst. Richetle Bryan Assistant Vice President; Joseph M. Stouter AMS Credit ReportInsurance a' a e t odnc ion HTML Version - indudss Best's Financial Encength Rating and rationale along with comprehensive analytical commentary, detailed raciness overview and key broader data. Repon Revision Date; 321Ed2O13 {represents the latest nign6frcaot change. Historical Reports are available in AMB Credit Report, Insurance Professional Aromas Beat's Executive Summary Reports (Financial Overview) - available in three versions, these presentation style reports feature balance sheet, income statement, key financial performance tests Including profitability, liquidity and reserve analysis. Data Status: 2013 Best's Statement File -PD, US Contains data complied as of 3/28¢013 As Rereivorl Single Company- five years of financial data specifically on this comdi Comparison side-hy-side financial analysis of this company wilIn a peer group of up to five other companies you select, composite Avalues, this company's financials against a post group composite. Report displays both the average and total composite of your selected peer group. Best's Key Rating Guide Presentation Report- includes Bests Financia, Strength Rating and financial data as provided in the most current adition of Best's Key » y Rating Gpida Products. Ktuasry crosscEacimtll. Futancial and AnatfbcaiPmdu t Bast's insurance Resorts - On1"ne - P/C. l?\S &Canada Best's Key Rating Guide - P/C US&Canada Best's Statement File - P/C US Bes_t'$ ySpSyi"- B4fr"..pKgS.f S R t -G -P'¢digCil'LG#S.�BY @@d,Ep.yrjj®terrLppl File -Global Beaf'a t„a`tg(ail- P/C US Best's Regulatory Center Market Share Reports pest'^ Contends Changes and Retirements- P/C US/CN Best's Insurance Expense Exhibit (IES - PIC. US pS?Ci'_SEEt4.dStIg..PF�t «R s) -PIC US Bests Reauiatory Center Best's ^artlRtL{{eE,tCorporate Bands) - US Baffe Schedule Q tCommon Stocksl - US Best's Schedule D (Municipal Robson - US Best's Schedule F fRensurarcel-PAC. US 8es'I estments -PIC li European Union biaclasures AM. 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Results reflect workprocessed through Friday, March 15, 2013. Please refer to Processing Timex for the received dates of filings currently being processed. The data provided is not a complete or certified record of an entity. En?itg NamsD Entity Number: Date Filed: Status: Jurisdiction: Entity Address: ROY ALLAN SLURRY SEAL, INC. C0877116 11/03/1.979 ACTIVE CALIFORNIA 11922 Bt.00MFIELD AVE Entity City, state, Zip: SANTA FE. SPRINGS CA 90670 Agent for Service of Process: W R ALLAN Agent Address: 11922 BLOOMFIELD AVE Agent City, State, Kip: SANTA FE SPRINGS CA 90670 * Indicates the information is not contained in the California Secretary of State's database. • If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. 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Your Business License Application has been submitted and Your payrnant has been received, Your application will now be reviewed by a staff rnerriber and then approved accordingly. Please wait :M business days to receve your Business Lkense Certificate via Postai Seance. You may fogin to Quest at anytime to view the status of your request. Receipt No: 442307375 Business License BT30042767 Total Amount: s238.00 Please help us improve our services: Teske a'30 second 5krymy itsewr rests Please print this receipt for your records. �Fr S tt2ce�p:�f rt Mips:/M,xmS.newputbeadx .gWque Yws licenselrecegpt.aspx?receipt=442307375&license=BT300427MaiM=238. 1/t CITY OF NEWPORT BEACH C'�tIfiBRNIA City Council Staff Report :. Agenda Item No. 8 March 26, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3311, daweb newportbeachca.gov PREPARED BY; Alfred Castanon, Associate Civil Engineer 949-644-3314, acastanon newoortbeachca.gov APPROVED: TITLE. 2012-2013 Citywide Slurry Seal Program —Award of Contract No. 5320 ABSTRACT: Staff has received construction bids for the 2012-2013 Citywide Slurry Seal Program and is requesting City Council's approval to award the contract to Roy Allan Slurry Seal Inc: RECOMMENQATIONS'` 1. Approve the project drawings and specifications. 2. Award Contract No. 5320 to Roy Allan Slurry Seal Inc., for the Total Bid Price of $717,720.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish a contingency amount of $36,000.00 (5%) to cover the cost of unforeseen work not included in the original contract. 4. Approve Budget Amendment No. 13BA- 036 transferring $173,741.00 from the Balboa Boulevard & Channel Road Pavement Reconstruction Project - Account No. 7013-02002058 (General Fund) to Account No. 7013-02001011 (Citywide Slurry Seal Program). E 2012-2013 Citywide Slurry Seal Program — Award of Contract No. 5320 March 26, 2013 Page 2 FUNDING REQUIREM NTS: The FY 2012-13 Capital Improvement Program budget included $635,000.00 for the Citywide Slurry SealProgram. Since the low bid amount exceeds the available funding, it will be necessary to supplement the funding for this project. Staff recommends approval of a Budget Amendment transferring $173,741,00 of surplus funds from the Balboa Boulevard and Channel Road Pavement Reconstruction project (Account No. 7013- C2002058) allocated 013-C2002058)+allocated from the General Fund to the Citywide Slurry Seal Program (Account No; 7013-C2001 011). Upon approval of the proposed Budget Amendment, sufficient funding in the following accounts will be available for award of this contract. Account Description /account N mber Amount General Fund 7013-C2001011 $ 774,570.00 Total: $ 774570.00` Proposed uses are as follows; Vendor Purpose Amount Rosy Allan Slurry Seal Inc. Construction Contract $ 717;720.00 Roy Allan Slurry Seal Inc. Construction Contingency $ 36,000.00 GMU Geotechnical, Inc. Geotechnical Services $ 19;850.40 Various Printing & Incidentals 1;000.00 Total: $ T 774,570.00 DISCUSSIONS At 10:00 a.m. on March 12, 2013, the City Clerk opened and read the following bids for this project: BIDQER TOTAL BID AMOUNT Low Roy Allan Slurry Seal Inc. $717,720,00 2 American Asphalt South, Inc, $728,400.00 3 VS International, Inc. $747;80000 4 All American Asphalt $896,250.00 5 Intermountain Slurry veal, Inc. $832,425.00 6 Pavement Coatings Company $1,003,500.00 7 Doug Martin Contracting Company, Inc. $1,084,697.00 The low total bid amount is 10 percent above the Engineer's Estimate of $645;000.00. This difference is primarily due to recent increases in the price of crude oil which is the major component of asphalt slurry seal. The bids also include an item for pavement striping and markings which was higher than the estimated amount. Staff will be adjusting future Engineer's Estimates to reflect the current price of oil based products. 2 2012-2013 Citywide Murry Seat Program – Award of Contract No. 5320 March 26, 2013 Page.3 The low bidder, Roy Allan Murry Seat Inc., possesses a California State Contractors License Classification OK as required by the project specifications. A check of the; contractor's references indicates satisfactory completion of similar projects for the City of Newport Beach and other public agencies. The work necessary to complete 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, crack seating, placing emulsion aggregate slurry seat and sealcoat, installing new traffic striping, pavement markings, and pavement markers, and other incidental items of work necessary to complete the work in place. Pursuant to the Contract Specifications, the Contractor will have 55 consecutive working days to complete the work: E—MVI ONMENTAL REUIEW; Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15302 (replacement of existing facilities involving negligible expansion of capacity) of the CEQA Guidelines, California Cade of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment: NQI CING The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). The Notice inviting Bids was advertised in the City's official publication and in construction industry publications. Submitted by; 67avid A. Webb Public Works Director Attachments: A. Location Map B. Budget Amendment M ATTACHMENT A M. PROJECT LOCATION APPROW."J SE SOF R.C:E: 70740.. C•5320 a City of Newport fseach BUDGET AMENDMENT 2012-13 EFFECT ON BUDGETARY FUND BALANCE. Increase Revenue Estimates increase Expenditure Appropriations ANS# Transfer Budget Appropriations Ij SOURCE: X from existing budget appropriations from additional estimated revenues from unappropriated fund balance This budget amendment is requested to provide for the folio ng: O, BA. 13BA-036 AMOUNT-.�1.u� ACCOUNTING BUDGETARY FUND BAI ANCE Amount EwA Acaoun Description Debit Credit REVENUE ESTIMATES (3601)' EkndlP i§ i ` r,, Ac n EXPENDITURE APPROPRIATIONS (3603) Desdri tion Signed. $173,741.00 $173,741:00 Date Date Signed: City Council Approval: City Clerk Date Description Division Number 7013 Street Account !dumber 02002088 BalboarChannel Pavement Reconstruction Division Number 7013 'Street Account Number 02001011 Slurry Seal Program Division Number Account Number Division Number Account Number Signed. $173,741.00 $173,741:00 Date Date Signed: City Council Approval: City Clerk Date