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CONTRACT 2818 Public Works Contract CLOSEDORIGINAL CITY OF EL SEGUNDO PUBLIC WORKS CONTRACT THIS AGREEMENT is made and entered into this 15th day of August, 2000 by and between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter called "CITY," and PAVEMENT COATINGS COMPANY, hereinafter called "CONTRACTOR." CITY, by its Notice Inviting Bids, duly advertised for written bids to be submitted on or before AUGUST 8, 2000, for the following: 1999 -2000 SLURRY SEAL — PROJECT NO.: PW 00 -11 hereinafter called "PROJECT." At said time, in the Office of the City Clerk of the City of El Segundo, said bids were duly opened. At its regular meeting held on August 15, 2000 the City Council duly accepted the bid of CONTRACTOR for said PROJECT as being the lowest responsible bid received and directed that a written contract be entered into with CONTRACTOR. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, said parties do hereby agree as follows: ARTICLE I The Contract Documents for the PROJECT shall consist of the Notice Inviting Bids, Instructions to Bidders, General Specifications, Standard Specifications, Special Provisions, Plans, CONTRACTOR'S Proposal, and all referenced specifications, details, standard drawings, and appendices, together with this Contract and all required bonds, insurance certificates, permits, notices and affidavits, and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the rights and obligations of CITY and CONTRACTOR are fully set forth and described in the Contract Documents. All of the above - mentioned documents are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are hereinafter referred to as the CONTRACT DOCUMENTS and are incorporated herein by this reference and made a part hereof as though they were fully set forth herein. ARTICLE II For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR hereby agrees to furnish all materials and perform all work required for the PROJECT and to fulfill all other obligations as set forth in the CONTRACT DOCUMENTS. I -D -1 NASPECS.PRJ\PW00- 11.ID1 (8/21100) ARTICLE III CONTRACTOR hereby agrees to receive and accept the amounts set forth in its Proposal, a copy of which is enclosed herewith, marked Exhibit "A" and by this reference incorporated herein and made a part hereof as though fully set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the CONTRACT DOCUMENTS, and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. ARTICLE IV CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the• materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the said amounts set forth in ARTICLE III hereof, and hereby agrees to pay the same at the rime, in the manner, and upon the conditions set forth in the CONTRACT DOCUMENTS. In addition, CONTRACTOR hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 USCA 1101, et KQ.), as amended; and, in connection therewith, shall not employ unauthorized aliens as defined therein. Should CONTRACTOR so employ such unauthorized aliens for the performance of work and /or services covered by this contract, and should the Federal Government impose sanctions against the CITY for such use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions imposed, together with any and all costs, including attorney's fees, incurred by the CITY in connection therewith. I -D -2 1- D -2.MSr (9/28195) ARTICLE V Contract time shall commence on the date specified in the Notice to Proceed to be issued to said CONTRACTOR by the Department of Public Works of CITY and shall complete work on the PROJECT as outlined in the Specifications which are a part thereof. ARTICLE VI CONTRACTOR shall assume the defense of and indemnify and save harmless the CITY, its elective and appointive boards, officers, agents and employees, from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from CONTRACTOR'S or any of subcontractor's operations under this CONTRACT, whether such operations be by CONTRACTOR or subcontractor, or subcontractor's, or by any one or more persons directly or indirectly employed by, or action as agent for, CONTRACTOR or any subcontractor or subcontractors. CONTRACTOR agrees to, and shall, defend CITY and its elective and appointive boards, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations; provided (a) That CITY does not, and shall not, waive any rights against CONTRACTOR which it may have by reason of the aforesaid hold harmless agreement because of the acceptance by CITY, or the deposit with CITY by CONTRACTOR, of any of the insurance policies hereinafter described in this Agreement. (b) That the aforesaid hold harmless agreement by CONTRACTOR shall apply to all damages and claims for damages or every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of CONTRACTOR or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. ARTICLE VII CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY a bond, or bonds, in a form satisfactory to the CITY, in the sum of one hundred percent (100%) of the contract price thereof conditioned upon the faithful performance of this contract and upon the payment of all labor and materials furnished in connection with this contract. I -D -3 I- D-IMST (9f18M) ARTICLE VIII CONTRACTOR shall not commence work under this contract until CONTRACTOR shall have obtained all insurance required by the CONTRACT DOCUMENTS and such insurance shall have been approved by CITY as to form, amount and carrier, nor shall CONTRACTOR allow any subcontractor to commence work on any subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved by the City. (a) COMPENSATION INSURANCE. CONTRACTOR shall take out and maintain, during the life of this contract, Workers' Compensation Insurance for all of CONTRACTOR'S employees employed at the site of improvement; and, if any work is sublet, CONTRACTOR shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by CONTRACTOR If any class of employees engaged in work under this contract at the site of the PROJECT is not protected under any Workers' Compensation law, CONTRACTOR shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. CONTRACTOR shall indemnify CITY for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance. Evidence of the satisfaction of this requirement shall be submitted to and approved by the City. (b) COMPREHENSIVE GENERAL LIABILITY. PRODUCTS/ COMPLETED OPERATIONS HAZARD, COMPREHENSIVE AUTOMOBILE LIABILITY AND CONTRACTUAL GENERAL LIABILITY INSURANCE. CONTRACTOR shall take out and maintain during the life of this contract such comprehensive general liability, products /completed operations hazard, comprehensive automobile liability and contractual general liability insurance as shall protect CITY, its elective and appointive boards, officers, agents and employees, CONTRACTOR, and any subcontractor performing work covered by this contract, from claims for damage for personal injury, including death, as well as from claims for property damage which may arise from CONTRACTOR'S or any subcontractor's operations under this contract, whether such operations be by CONTRACTOR or by any subcontractor, or by anyone directly or indirectly employed by either CONTRACTOR or any subcontractor, and the amounts of such insurance shall be as follows : (1) Public Liability Insurance in an amount of not less than ONE MILLION DOLLARS ($1,000,000); (2) Products /Completed Operations Hazard Insurance in an amount of not less than ONE MILLION DOLLARS ($1,000,000); I -D4 1- D -4.MST (9/28/95) (3) Comprehensive Automobile Liability Insurance in an amount of not less than ONE MILLION DOLLARS ($1,000,000); and, (4) Contractual General Liability Insurance in an amount of not less than ONE MILLION DOLLARS ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than TWO MILLION DOLLARS ($2,000,000) shall be considered equivalent to the said required minimum limits set forth hereinabove. (c) PROOF OF INSURANCE. The CITY shall be named as "additional insured" on all policies required hereunder, and CONTRACTOR shall furnish CITY, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give CITY at least thirty (30) days' prior notice of the cancellation of any policy during the effective period of this contract, by certified or registered mail. (d) NOTICE TO COMMENCE WORK. The CITY will not issue any notice authorizing CONTRACTOR to commence work under his contract until CONTRACTOR has provided to the CITY the proof of insurance as required by subparagraph (c) of this article. ARTICLE IX The parties agree that it would be impractical and extremely difficult to fix the actual damages to the CITY in the event the PROJECT is not commenced and /or completed on or before the dates specified for commencement and completion of the PROJECT in the CONTRACT DOCUMENTS. The parties have considered the facts of a breach of this contract and have agreed that the liquidated damages sum hereinafter set forth is reasonable as liquidated damages in the event of a breach, and that said sum shall be presumed to be the amount of the damages sustained by the CITY in the event of such a breach. The parties therefore agree that in the event such work is not begun and /or completed and accepted by the times so specified in the CONTRACT DOCUMENTS, the sum of TWO HUNDRED FIFTY DOLLARS ($250.00) shall be presumed to be the amount of damages suffered by the CITY for each day's delay in the starting and /or completion and acceptance of said PROJECT after the dates specified in the CONTRACT DOCUMENTS for the start and /or completion thereof, and CONTRACTOR hereby agrees to pay said sum of TWO HUNDRED FIFTY DOLLARS ($250.00) as liquidated damages for each day of delay in the starting and /or completion and acceptance of said PROJECT beyond the dates specified in the CONTRACT DOCUMENTS. Any and all such liquidated damages assessed shall be done so in accordance with the Standard Specifications for Public Works Construction, 1991 Edition. I -D -S 1- D -5.MST (9/28195) ARTICLE X This contract shall not be assignable, either in whole or in part, by the CONTRACTOR without first obtaining the written consent of the CITY thereto. ARTICLE The provisions of this Agreement are cumulative and in addition to and not in limitation of any rights or remedies available to CITY. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the date first above written by their respective officers duly authorized in that behalf. CITY: City of El Segundo a Municipal Corp ation By: 4 Mike Gordon, Mayor Approved as to Form CONTRACTOR: Pavement Coatings Company Print/Type Name: MARSHA COOLIDGE vresidenF Title: Secretary & CFO Contractor's License No.: 3a36o17 City of El Segundo Business License No.: I'M By: .4- -fZ ark D. s ey City Attorney Attest: ndy Mo a en City Clerk NASPECSYMPW00 -11JD6 (8/21/00) Federal Tax Identification No.: 15--Z2 70 I -D -6 Executed in 2 Counterparts FAITHFUL PERFORMANCE BOND FOR THE 1999 -2000 SLURRY SEAL Bond No: 08083694 Prem. Amt:$603.00 IN THE CITY OF EL SEGUNDO SPECIFICATIONS NO.: PW 00 -11 KNOW ALL MEN BY THESE PRESENTS that PAVEMENT COATINGS COMPANY as CONTRACTOR and Fidelity and Deposit Company of Maryland as SURETY, are held and firmly bonded unto the City of El Segundo, in the penal sum of ONE HUNDRED THOUSAND EIGHT HUNDRED NINETY -THREE DOLLARS AND 16/100 stated project, for the is one payment off hundred sum, CONTRACTOR total nd SURETY agree to be bound, stated pr � p Y jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract with the City of El Segundo for the above stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of El Segundo; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this p9t.r day of August , 20 no. CONTRACTOR* Pavement Coatings Co. P.O. Box 1491 MARSHA COOLINEess, CA 90630 President 714 - 826 -3011 ecretary &CFO SURETY* Ei J a I J p n rl Dopa sit Company of Maryland h 225 So. I.ke Ave. #700 B Pasadena, CA 91101 626- 792 -2311 L1 L. ' rnt.Ln, Attorney In -Fact Lisa Thornton, Authorized Rep. Subscribed and sworn this day of , 20 -- Aon Risk Services 213- 630 -1328 NOTARY PUBLIC See Attached Notary Acknowledgement Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, address and telephone number for authorized representative. I -E -1 NASPECS.PRJ \PW00- 11.1E1 (8/21/00) State of California County of Los Angeles on August 29, 2000 before me, Clarice Lee, Notary Public personally appeared Lisa L. Thornton personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CLARICE LEE Y= • COMM. #11267097 p N NOTARY PUBLIC • CALIFORNIA N Ir ' L.OS 01 COUNTY i My Comm. E.xmfes June 11.20M Clarice Lee MATERIAL AND LABOR BOND FOR THE Executed in 2 Counterparts 1999 -2000 SLURRY SEAL Bond No: 08083694 Prem. Included in Perf. Bond IN THE CITY OF EL SEGUNDO SPECIFICATIONS NO.: PW 00 -11 KNOW ALL MEN BY THESE PRESENTS that PAVEMENT COATINGS COMPANY as CONTRACTOR and Fidelity and Deposit Company of Maryland as SURETY, are held and firmly bonded unto the City of El Segundo, in the penal sum of ONE HUNDRED THOUSAND EIGHT HUNDRED NINETY -THREE DOLLARS AND 16/100 stated,8 project, for the Isayment of which um, (100%) ONTRACTOR and SURETY agree to beebound, state p ) p jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract with the City of El Segundo for the above stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR and SURETY, and notice of said alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands and seals this 29th day of August 2000 CONTRACTOR* Pavement Coatings Co. P.O. Box 1491 "4MARSHA COOUDG� press, CA 90630 t 4- 826 -3011 Secreta& CFO SURETY* Fidelity and Deposit company of Ma �25aSo. Lake Ave. f /700 Pasadena, CA 91101 626 - 792 -2311 s L. T o n, Attorney In -Fact Lisa Thornton, Authorized Rep. Subscribed and sworn to is day of 20 Aon Risk Services NOTARY PUBLIC See Attached Notary Acknowledgement 213- 630 -1328 Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, address and telephone number for authorized representative. I -F -1 N: \SPECS.PRJ \PW00- 11.1F1 (8/21100) State of California County of Los Angeles On August 29, 2000 before me, Clarice Lee, Notary Public personally appeared Lisa L. Thornton personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. • ...... CLARICE LEE N ?• = COMM. M 1267097 3; �D NOTARY PUBLIC CALIFORNIA M X "r LOS ANGELES COUNTY My Comm. Expires June 11, 2004 Clarice Lee Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE, MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR., Vice - President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and app?nt L is a L r Thornton of Los Angeles, California .. ............................... Its true anTra-w­f U agent and Anorney -in -Fact, to make, execute, any and all bonds and undertakings...... n e execution of such bonds or undertakings in i amply, to all intents and purposes, as if they had been at its office in Baltimore, Md., in their own proper I these d and its behalf as surety, and as its act and deed: .................... be as binding upon said Company, as fully and by the regularly elected officers of the Company v oO The said Assistant Secretary does hereby certify, i extract 0" on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is no rce. IN WITNESS WHEREOF, the said Vice- ent and A Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND IT COM F MARYLAND, this 14th --- day of October _ ­ A.D. 19 93!v o FIDELITY AND D COMPANY OF MARYLAND ATTEST: ggigL By Assistant vice -Pre ident STATE OF MARYLAND COUNTY OF BALTIMORE On this— L41h-__day of _QLLabRx , A.D. 19M, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice- President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. e CAROL J. FADER Notary Public My Commission Expires _ August 1. 199-6— CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice- Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 29th day of____A.ugust ----- , 200 -L. Assistant Secretary LI42k - 012 -3265 EXI-/ 1131 r- "A PROPOSAL FOR THE 1999 -2000 SLURRY SEAL OF VARIOUS STREETS IN THE CITY OF EL SEGUNDO SPECIFICATIONS NO.: PW 00 -11 TO THE CITY OF EL SEGUNDO: In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefor, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other contract documents. Submittal of this bid shall be considered evidence that the BIDDER has satisfied himself regarding the contract documents, access and any other field conditions which may effect bid prices. If this proposal is accepted for award, BIDDER agrees to enter into a contract with the City of El Segundo at the unit and /or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of El Segundo of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and /or lump sum prices bid include all apparent expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govem over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City of El Segundo's notice of award of contract to the BIDDER, including sending by U.S. Mail a Public Works Contract for signature by the Awardee, the proceeds of the security accompanying this bid shall become the property of the City of El Segundo and this bid and the acceptance hereof may, at the City of El Segundo's option, be considered null and void. I -C -1 W%SPECS.PRJ1PW00- 11.1C1 (7125100) EQUAL EMPLOYMENT OPPORTUNM COMPLIANCE BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. NONCOLLUSION AFFIDAVIT BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City of El Segundo is personally interested, directly or indirectly, in this proposal; that this proposal is trade without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. I -C -2 4C•2-MST (904,95) CITY OF EL SEGUNDO - BASE BID SHEET PROJECT NO.: PW 00 -11 ITEM NO. ESTIMATED QUANTITIES DESCRIPTION UNIT PRICE IN FIGURES AMOUNT 1 372 Extra Long Furnish and apply slurry seal, CATIONIC, complete and in place as shown on $ z (. y Z $ �. 2y Tons accompanying map, File No. G -376, for Monday through Friday work @ -1u�- per Extra Lorig Ton 2 411 Extra Long Furnish and apply slung seal, CATIONIC, complete and in place as shown on $ I y Z $ p • �Z Tons accompanying map, File No. G -376, for Saturday and Sunday work @ V - o— I per Extra Long Ton 3 15 Extra Long Furnish and apply slurry seal, CATIONIC, complete and in place as shown on $ )-I, 4 Z $1,82-1.30 Tons accompanying map, File No. G -376, for Sunday work at Fire Station No. 1 parking lot @ eM. k,4 -o,,, per Extra Long Ton 4 JOB Street striping (excluding Main Street) per specifications for �r� �L•c+� -sue $ 3�q 05 0o $ a C755, P��lr - �� 11at� a•-� cc—* Lum p um TOTAL BID ITEMS 1 THRU 4 = $ 10D, i3CM 1 lv Itloo TOTAL BID WRITTEN IN WORDS (stoo Oh e- huhc�cd1 t\.c)(, s iiykf huhcW Mt tlxen C��Uir S aK6 S c ken C_'evAs . Total time to complete the work from the date of issuance of a Written Notice to Proceed shall be Forty (40) calendar days, including Saturdays, Sundays and legal holidays. 1 -C -3 (Page 1 of 2) NASPECS.PRJ \PW00- 11.BID (7/25/00) CITY OF EL SEGUNDO - ALTERNATE BID SHEET MAIN STREET PROJECT NO.: PW 00 -11 ITEM NO. ESTIMATED QUANTITIES DESCRIPTION UNIT PRICE IN FIGURES AMOUNT 1 73 Extra Long Furnish and apply slurry seal on Main Street, CATIONIC, complete and in place $ 19Lq2, $ S 3- Tons as shown on accompanying map, File No. G -376, for Sunday work @ at., d " --n-1- (aa LG,,A u�,b per Extra Lon Ton 2 Job Main Street only striping per plans (File No. A-458A and specifications for $ 00.00 $ (o/ 1 oD . o six cuoP-4 ©IK- d 1301 XS Q� No CG►�'� Lump Sum TOTAL ALTERNATE BID ITEMS 1 THRU 2 = $ IL-1 IQ (03. (o% TOTAL ALTERNATE BID WRITTEN IN WO DS n Note: The City reserves the right to award or not to award the Alternate Bid. The apparent low bidder will be determined based on the scope of work to be awarded by the City. I -C -3 (Page 2 of 2) NASPECS.PRAPW00- 11.ALT (7/27/00) 11 1 -A ; 10 ;0 u F.N M LIM BIDDER certifies that the following information is true and correct: Bidder's Name Pavement Coatings Co. Form of Legal Entity (i.e., individual, partnership, corporation, etc.) corporation If corporation, State of Incorporation (i.e., California) C a l i f o r n i a Business P.O.BOX 1491 Address 5312 Cypress Street Cypress, CA 90630 Telephone No. 714/826-3011 FAX No. 714/826 -3129 State Contractor's license No. and Class 303609 C- 3 2 Original Date Issued 2/13/75 Expiration Date 9/ 3 0/ 2 0 0 0 The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and /or corporate officers having principal interest in this proposal: Marsha Coolidge; President, Secretary & CFO Doug Ford; Vice President The date of any voluntary or involuntary bankruptcy judgements against any principal having an interest in this proposal are as follows: None AD current and prior DBA's, alias, and /or fictitious business names for any principal having an interest in this proposal are as follows: N/A 1•C•4-MST (92895) I -C-4 IN WITNESS WHEREOF,$IDDER executes and submits this proposal with the names, titles, hands, and seals of all aforenamed principals this 7 t h day of August 1,9' 2000 BIDDER Pavement Coatings Co. Marsha Coolidge, President A& C�v STATE OF CALIFORNIA COUNTY OF ORANGE Subscribed and sworn to this 7 t h day of August *-Logo DOROTHY N. LANGE Commission # 1182870 n � �-� z Notary PubHC- Calffomia NOTARY PUBLIC Orange County Dorothy N. Lange, Notary Public " Mycorrvn.ExomAm5,20M I -C -S 1- C -5.MSr (9/nN5) PROPOSAL GUARANTEE BID BOND 1999 -2000 SLURRY SEAL OF VARIOUS STREETS IN THE CITY OF EL SEGUNDO SPECIFICATIONS NO.: PW 00 -11 KNOW ALL MEN BY THESE PRESENTS that, Pavement Coatings Co. as BIDDER, and Fidelity and Deposit Company of Maryland , as SURETY, are held and firmly bound unto the City of El Segundo, in the penal sum of Ten percent of* DOLLARS ($ 10ij. which is ten (10 %) percent of the total amount bid by BIDDER d to the City of El Se SURETY agree to be bound jointly and severally of which sum, BIDDER firmly by these presents. *the Bid Amount THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of El Segundo for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of El Segundo. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this 1st day of August _ _ 20-Q. BIDDER` Pavement Coatings Co. IG�Y� MARSHA COOLIDGt President etary & CFO nd SURETY' Fidelity a Deposit Comp ny of any ark _ / E.S. Albrecht, Attor&J In Fact Fidelity and Deposit Company Subscribed and sworn to this day of 20 of Maryland 225 So. Lake Ave, Suite 700 Pasadena, CA 91101 NOTARY PUBLIC E.S. Albrecht, Jr. Provide BIDDERISURETY name, address and telephone number and (213) 630 -1326 the name, title, address and telephone number for authorized representative. 1 -C -6 N:MPEC3.PRJ1PW00.11.IC6 (7125100) CALIFORNIA BALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On August 1, 2000 before me, Clarice Lee, Notary Public, personally appeared E.S. Albrecht, Jr. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. - 6 — !!ter ^'. :� r�JTwaouc:l� C�L!�OFNU i ••� -.art Clarice Lee Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND NOME OMM M7lMOM. MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PgCOT, JR. , Vice- President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to he in full force and effea on the date hereof, does hereby nominate, constitute and appointE. S. Albrecht, Jr. of Los A44; 1 s' Ca� nia ............ . d deliver \'d on its behalf as , and as its act and deed: its true lawful agent and Attorney -in -Fact, to make, execute, ° any and all bonds and undertakings .... 1��.•.•• �••••••••••• - e execution of such bonds or undertakings is p ° ce of th to, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they duly sad acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in pro�&.This power of attorney revokes that issued on behalf of E. S. Albr Jr., d, August 18, 1983. The said Assistant Secretary does hereby t the set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Com it now ' IN WITNESS WHEREOF, the said V' dent and t Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY EPOSI� ANY OF MARYLAND, th', 30th Any of January , A.D. 1990. _ FIDELITY "IT COMPANY OF MARYLAND ATTEST: SEAL (� n O Lo ` By A..istaa cretary vice -Pre dear STATE OF MARYI.Axn CITY of BALTIMORE On this 30th day of January , A.D. 1990 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice- President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such offioen were duly mimed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. y i ,10,�0�•�j Notary Pub t, C. ires July 1, 1990 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further oertify that the Vice- President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authaHzed by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether nude heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 1 s t day of August , 2000 012 -3265 Assistant Secretary e't .f-, I e-, a � CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT t' F. State of California ss. Orange County of T On August 7, 2000 , before me, Dorothy N. Lange, Notary Public, Date Name and Title of Officer (e.g.. "Jane Doe. Notary Public personally appeared - - Marsha Coolidge - - � Namelsi of Signer(s) r personally known to me i } = proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are C subscribed to the within instrument and acknowledged to me that he /she /they executed s the same in his /her /their authorized r capacity(ies), and that by his /her /their z DOROTHY N. LANGE signature(s) on the instrument the person(s), or Commission # 1182870 the entity upon behalf of which the person(s) Public - C011fom1c f Notary acted, executed the instrument. T Orange County r > Rey Ca, ; .-n. Fires Jun 5, 2002 :_.�. yCc- WITNESS my hand and official seal. i Place Notary Seal Above Seature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. t T Do Description of Attached ument Proposal Guarentee Bid Bond r Title or Type of Document: Document Date: August 1, 2000 Number of Pages: I- C- 6 Signer(s) Other Than Named Above: r 1. Capacity(ies) Clair�'�ed byy Signer Signer's Name: M a r s h a Coolidge I, .. .Top �? !� Individual President/Secretary/CFO of thumb here Corporate Officer — Title(s): fi, = Partner — - Limited = General _- Attorney in Fact t% Trustee r•� h- Guardian or Conservator r' Other: t' Signer Is Representing: Pavement Coatings Co.. r r t1 C 1999 National Notary ASSoCIation • 9350 be Soto Ave., P.O. Bo> 2402 • Chatsworth. CA 91313.2402 • www nauonalnotary.org Prod. No 5907 Reorder. Call Toll -Free 1- 800 -876 -6827 1. BIDDER'S Contractor's License Number is: 303609 C -32 Class No.: 2. The expiration date of BIDDER'S Contractor License is: September 30 20 00 3. BIDDER'S acknowledges that Section 7028.15(e) of the Business and Professions Code provides as follows: "A licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that representations herein are made under penalty of perjury. Any bid not containing this information, or a bid = containing information which is subsequently proven false, shall be considered non - responsive and shall be rejected by the public agency." The undersigned declares, under penalty of perjury, that the representations made by the undersigned in this bid proposal are true and correct. / 8 -7 -00 r� Cypress Executed on , 0 , at yp Cal i forni a (insert City and State where Declaration is signed). 4vy, U Signature Marsha Coolidge Typed Name President Title Pavement Coatings Co. Name of Bidder I -C -7 I- C -7.MST (8125199) NON - COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ) ss. County of Orange ) Marsha Coolidge , being first duly sworn, deposes and say that he or she is President of Pavement CoatiWp�, 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. Ar 4, << Signature Marsha Coolidge Typed Name President Title I -C -8 I -C -SASS (928195) Pavement Coatings Co. Name of Bidder August 7, 2000 Date ` " 1 ■ CERTIFICATION Section 1861 OF THE LABOR CODE (Workers' Compensation) Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting his PROPOSAL, shall sign the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require ever- employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature of Bidder: Title: Marsha Coolidge, Pr ident Business Name: Pavement Coatings Co. Business Address: P.O.BOX 1491 - 5312 Cypress Street Cypress, CA 90630 Telephone Number: f 7141 826 -3011 day August 2000 Dated this ay of I -C -9 1- C•9.MST (91UMS) DESIGNATION OF SUBCONTRACTORS BIDDER proposes to subcontract certain portions of the work which are in excess of one -half of one percent of the bid and to procure materials and equipment from suppliers and vendors as follows: NAME, ADDRESS AND PHONE NUMBER OF SUBCONTRACTORS, PORTION OF WORK, SUPPLIERS. AND VENDORS MATERIALS. OR EQUIPMENT W S ilo-� �4 — y ,fir- 7#z 3 0 j� 4 w- Gp �Zs-tv Royl GPs- �syi I -C -10 I- C-10.MST (9'8.95) REFERENCES The following are the names, addresses, and telephone numbers for three (3) public agencies for which BIDDER has performed similar work as the prime contractor or major subcontractor within the past two (2) years: 1. Project Title: Avenue L -10 Cash Contract 7840 I Location: vicinity Lancaster Los Angeles County Department of Public Works- P.O.BOX 1460, Alhambra Name and a0dress of owner Jim Mahomey 661/943 -4043 Name and telephone number of person familiar with project Type of Work: Slurry Seal Contract amount: $ 18 5, 9 5 0 Date completed: May 31, 2000 Amount of work done by my /our firm under contract $ 185,950.00 Did your firm have any financial interest in Project? no 2. Project Title: Windsor Hills et al Cash Contract 7833 Location: vicinity Western Los Angeles County Los Angeles County Department of Public Works- P.O.BOX 1460, Alhambra ame and aaaress of owner Harout Kasabian 323/776 -7552 Name and teleplione number of person tarnfllaT with project Type of Work: Slurry Seal Contract amount: $ 99,690.80 Date completed: June 8, 2000 Amount of work done by my /our firm under contract $ 99,690.80 Did your firm have any financial interest in Project? no 3. Project Title: Slurry Seal on most of the streets & alleys in the City Location: various city streets and alleys City of Lomita 24300 Narbonne Avenue, Lomita Name ana acICITeSs 01 owner William 0. Mc Connell 310/325 -7110 Name and telephone number of person familiar with project Type of Work: Slurry Seal Contract amount: $ 210 , 3 8 9.0 0 Date completed: January 15, 2000 Amount of work done by my /our firm under contract $ 210,389.00 Did your firm have any financial interest in Project? no I -C -11 (Page 1 of 2) 1- G11.1.2 (MST) 10.'10195) 4. Project Title: Residential Street Slurry Seal Location: various city streets City of Fountain Valley 10200 Slater Avenue, Fountain Valley Name and address of owner Bill Ault 714/593 -4413 Name and telephone number of person familiar with project Type of Work: Slurry Seal Contract amount: $ 162,757.00 Date completed: October 4, 1999 Amount of work done by my /our firm under contract $ 162,757.00 + a Did your firm have any financial interest in Project? n o 5. Project Title: 1999 -00 Slurry Seal Program (Greenri dge Drive et al) Location: various city streets City of La Canada Flintridge 1327 Foothill Blvd., La Canada Flintridge Name and address of owner George Hanno 818/790 -8880 Name and telephone number of person familiar with project Type of Work: Slurry Seal Contract amount:$ 8 7, 9 3 0.3 7 Date completed: October 19 9 9 Amount of work done by my /our firm under contract $ 87,930.37 Did your firm have any financial interest in Project? no The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds: *see attached sheet I -C -11 (Page 2 of 2) I -C- 11.2 -2 (MM 9/28,95 e, , • PAVEMENT COATINGS CO. P.O. Box 1491, Cypress, California, 90630, 714- 826 -3011, (FAX) 714 - 826 -3129 Contractor's License Number 303609 The following are the names, addresses and phone numbers for all brokers and sureties from whom Pavement Coatings Co. intend to procure insurance and bonds. Aon Risk Services 213/630 -1328 707 Wilshire Blvd., Suite 6000, Los Angeles, CA 90054 -0460 Fidelity and Deposit Company of Maryland 818/792 -5748 225 S. Lake, Suite 700, Pasadena, CA 91101 Shipkey Insurance Agency 949/453 -1115 15375 Barranca Pkwy., Suite B -201, Irvine, CA 92618 Goldgn Eagle Insurance Corporation — General Liability Employers Mutual Insurance Company — Automobile Liability Royal Insurance Co. (Nelson, Gordon, James) Excess Liability State Fund Compensation Insurance - Worker's Compensation I -C -11 (Page 2 of 2a) Slurry Seal Resurfacing ... It Makes a Difference Member of: AGC, Associated General Contractors ISSA, International Slurry Surfacing Association WMA, Western Mobile Home Association CTPA, California Trailer Parks Association Street Superintendents and Maintenance Association of California