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2025 Roy Allan Slurry Seal, Inc (1) - PMP 24-25 Slurry Seal Improv Project 2024-031 MEMORANDUM DATE: June 12, 2025 Cv &gra CALIFORNIA TO: Jon McMillen, City Manger FROM: Mirta Lerma, Administrative Assistant RE: Contract with Roy Allan Slurry Seal, Inc. for project no. 2024-03, FY24/25 PMP Slurry Seal Improvements Please list the Contracting Party / Vendor Name, any change orders or amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name. ✓ ✓ ✓ Authority to execute this agreement is based upon: Approved by City Council on June 3, 2025 City Manager's signing authority provided under the City's Purchasing & Contracting Policy [Resolution No. 2023-008] for budget expenditures of $50,000 or less. City Manager's signing authority provided under the City's Personnel Policy Section 3.2 for temporary employment positions. Department Director's or Manager's signing authority provided under the City's Purchasing Policy [Resolution No. 2023-008] for budget expenditures of $15,000 and $5,000, respectively, or less. Bid Sole Source Procurement Method (one must apply): RFP n RFQ 3 written informal bids Select Source Cooperative Procurement Requesting department shall check and attach the items below as appropriate: Agreement payment will be charged to Account No.: 401-000-60188-202403-CT Agreement term: Start Date End Date Amount of Agreement, Amendment, Change Order, etc.: $ 597,493.30 REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount, not individual Amendments or Change Orders! Insurance certificates as required by the Agreement for Risk Manager approval Approved by: Added to LF - MR Date: 06/17/2025 Bonds (originals) as required by the Agreement (Performance, Payment, etc.) Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) NOTE: Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is required pursuant FPPC regulation 18701(2) ✓ Business License No. Applied Expires: Requisition for a Purchase Order has been prepared (Agreements over $5,000) 78495 Calle Tampico I to Quinta, California 92253 1760.777.7000 I www.laquintaca,gov SECTION 1300 CONTRACT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and Roy Allan Slurry Seal Inc., herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants, the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for Project No. 2024-03, FY24/25 PMP Slurry Seal Improvements in the City of La Quinta, California pursuant to the Invitation to Bid, dated May 22, 2025, the project Specifications, and Contractor's Bid, all of which documents shall be considered a part hereof as though fully set herein. Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids, Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall be controlling, in that order of precedence. The time frame for construction work shall be in accordance with that specified in the Invitation to Bid. 2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within 35 working days from the date of Notification to Proceed. 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration Five Hundred Ninety -Seven Thousand Four Hundred Ninety -Three Dollars and Thirty Cents ($597,493.30). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). Pursuant to Section 1770, et. seq., of the California Labor Code, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director Contract 1300-1 of the California Department of Industrial Relations. These wage rates are available from the California Department of Industrial Relations' Internet website at htt2://www.dir.ca.gov. Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations at the time the contract is awarded. Contractors and subcontractors may find additional information for registering at the Department of Industrial Relations website at http://www.dir.ca.gov/Public- Works/PublicWorks.html. Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a bid proposal for a public works project submitted on or after March 1, 2015 unless registered with the Department of Industrial Relations. Furthermore, all bidders and contractors are hereby notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract for public work on a public works project unless registered with the Department of Industrial Relations. Pursuant to Labor Code section 1771.4, all bidders are hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by Contractor. 8. Except for the gross negligence or willful misconduct of an indemnified Party (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties' option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in connection with this Contract or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including, but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; Contract 1300-2 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise; 3. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and 5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), (4) and (5). Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnified Party. However, without affecting the rights of City under any provision of this contract, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this contract. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this contract or this section. Contract 1300-3 This indemnity shall survive termination of the Contract or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Contract for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnified Parties' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 1340-1.0, Indemnification of the Specifications. The City will not be liable for any accident, Toss, or damage to the work prior to its completion and acceptance. 9. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications, Section 1340-2.0, Insurance Requirements. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without written notice to the City and shall name the City as an additional insured on the Commercial General Liability policy only. Contractor shall furnish evidence of having in effect, and shall maintain, Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self- insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. Except as otherwise required, Contractor shall furnish the City a Milestone Schedule within 10 days of the Notice of Award or with the return of this contract signed by the Contractor, whichever is earlier, with a beginning date of 15 days after the Notice of Award as provided in said Specifications, Section 4.2, Construction Schedule. Contractor shall pay to City $500.00 liquidated damages per calendar day that the Milestone Schedule is not provided. 11. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. Contract 1300-4 12. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.). Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $1,607.00 liquidated damages for each such breach committed under this contract. 13. Contractor also agrees that for contracts in excess of $30,000.00 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 14. This Contract shall not be assignable by Contractor without the written consent of City. 15. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 16. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 17. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 18. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 19. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 20. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 21. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. Contract 1300-5 IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below. Dated: ATTEST: "CITY" CITY OF LA QUINTA a California municipal corporation lv/17-P-0,2s Monika Radeva, City Clerk APPROVED AS TO FORM: City Attorney Bv: r''......-,=...........m®- on McMillen, City Manager Dated: (P 1-7 /lo25- Dated: J ''U( / 722-62-S-- "CONTRACTOR" (If corporation, affix seal) Dated: GAO(y_S B Name: Lawrence Allan Print Name Title: President Address: 12643 Emmens Way Santa fe Springs Ca. 90670 Street Address City State Zip Code Dated: /l()/2 By: Signature Name: Lance Alla Title: Secretary Print Name Address: 12643 Emmens Way Santa fe Springs Street Address City Ca. 90670 State Zip Code Contract 1300-6 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Q Ca"c5 .e, on 3vrl-e IOi J\nn- Marie A-11an, 1\ ti-tr`! ?AI (insert name and title of the officer) personally appeared a. in -e Pt-1k r\ who proved to me on the basis of satisfactory evidence to be the person(-) whose name(e) is/are subscribed to the within instrument and acknowledged to me that hefshe They executed the same in his/hertttfer authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(e -, or the entity upon behalf of which the person(s� acted, executed the instrument. before me, 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) ANN•MARIE ALLAN Notary Public - California Orange County Commission p 2453311 My Comm. Expires Jul 15, 2027 • ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On dune It, 2o2.5 before me, Ann -Marie Allan, Notary Public (insert name and title of the officer) Lawrence Allan personally appeared who proved to me on the basis of satisfactory evidence to be the person(e}whose name() is/ar.e subscribed to the within instrument and acknowledged to me that he/shey executad the same in his/lier/their authorized capacity(ies), and that by his/heatlaeir signature(6} on the instrument the person*, or the entity upon behalf of which the person(; . acted, executed the instrument. l 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 OMLJI11, CO\KOCI (Seal) ) ANN•MARIE ALLAN Notary Public • California Orange County Commission # 2453311 My Comm, Expires Jul 15, 2027 Bond No.: RCB0031162 Premium: $3,487.00 SECTION 1310 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has on June 3, 2025, awarded to Roy Allan Slurry Seal, Inc., hereinafter designated as the Principal, a Contract for Project No. 2024-03, FY24/25 PMP Slurry Seal Improvements and: WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, THEREFORE, we, the Principal, and Contractors Bonding and Insurance Company as Surety, are held and firmly bound unto the City in the just and full amount of Five Hundred Ninety -Seven Thousand Four Hundred Ninety -Three Dollars and Thirty Cents ($597,493.30) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. It is acknowledged that the Contract provides for one-year guarantee period, during which time this bond remains in full force and effort. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or 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, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. Faithful Performance Bond 1310-1 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their corporate seals this 9th day of June , 2025, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Roy Allan Slurry Seal, Inc. Principal (Seal) Signature for Principal Pre S jd\ent- Title of Signatory Contractors Bonding and Insurance Company Surety (Seal) Ryan Butterfas, Attorney -in -Fact Title of Signatory 9025 N. Lindbergh Dr., Peoria, IL 61615 Address of Surety (949)341-9110 Phone # of Surety Julie Durkin Contact Person for Surety Faithful Performance Bond 1310-2 ACKNOWLEDGMENT A notary public or other officer competing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange �1/4)ne 10i2025- 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(*) is/are subscribed to the within instrument and acknowledged to me that he/sraAhey executed the same in his/Serftheir authorized capacity(ies), and that by his/her/tlaoer signature(s3 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 seai. Signature , (Xt,�, UCti (Seai) ANN•MARIE ALLAN Notary Public - California Orange County Commission # 2453311 My Comm. Expires Jul 15, 2027 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :f6E�:.�C �.^��:�:':�v�rx��zsX:�.•c'-;�e:��t„��,c•2.x:;,��:acc;�s�:c,�:r.�: ;:5,�::�3r:G`.r.,� �. �:;a.X��,�:X",���°,S�.Y:s:�t'.c!.�4•::�c;s��crss�cs.X`�:G� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) Orange On JUN 0 9 2025 before me, Adelaide C. Hunter, Notary Public Date Here Insert Name and Title of the Officer personally appeared Ryan Butterfas Name(s) of Signer(s) 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. ADELAIDE C. HUNTER Notary Public • California L Orange County Commission # 2508152 Asy Comm. Expires Jan 23. 2029 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: 1-1 Corporate Officer — Title(s): I I Partner — ❑ Limited IJ General El Individual ❑ Attorney in Fact I J Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Named Above: Signer's Name: I -I Corporate Officer — Title(s): Li Partner — I I Limited ❑ General H Individual I J Attorney in Fact I I Trustee ❑ Guardian or Conservator I- Other: Signer Is Representing: . ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Linda D. Coats, Matthew J. Coats. Summer Reyes, Ryan Buttcrfas,jointly or severally in the City of Laguna Hills , State of California its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf' as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( S25.000.000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Sr. Vice President with its corporate seal affixed this 19th day of March , 2024 . State of Illinois SS County of Peoria On this 19th day of March._ , 2024 before me, a Notary Public, personally appeared Eric Raudins who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. JILL A SCOTT Notary public 2 State of Ohio My Comm. Expires Serember 22, 2025 Notary Public RLI insurance Company Contractors Boning and Injj once Company By: Eric Raudins CERTIFICATE Sr. Vice President I. the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, i have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 9th day of June 2025 . RLI Insurance Company Contractors Bonding and Insurance Company Bv: Jeffrey IX.1`ic1 D j;c.ic Corporate Secretary 0475404020212 A0058D 19 Bond No.: RCB0031162 Premium: Included with Performance Bond SECTION 1320 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has on June 3, 2025, awarded to Roy Allan Slurry Seal, Inc., hereinafter designated as the Principal, a Contract for Project No. 2024-03, FY24/25 PMP Slurry Seal Improvements. WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, the Principal, and Contractors Bonding and Insurance Company as Surety, are held and firmly bound unto the City in the just and full amount of Five Hundred Ninety -Seven Thousand Four Hundred Ninety -Three Dollars and Thirty Cents ($597,493.30) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. Payment Bond 1320-1 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their corporate seals this 9th day of June , 2025, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Roy Allan Slurry Seal, Inc. Principal (Seal) Signature for Principal s'tcXe nt Title of Signatory Contractors Bonding and Insurance Company Surety (Seal) Ryan Butterfas, Attorney -in -Fact Title of Signatory 9025 N. Lindbergh Dr,, Peoria, IL 61615 Address of Surety (949)341-9110 Phone # of Surety Julie Durkin Contact Person for Surety Payment Bond 1320-2 1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange Juvie, tg2azs 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(a}whose name(;.) islage subscribed to the within instrument and acknowledged to me that hels4eithey executed the same in his/IneOtheir authorized capacity(ies), and that by his/herAgeir signature(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 seal. Signature it.}110/14.) aktA ANN-MARIE ALLAN Notary Public - California Orange County Commission # 2453371 My Comm. Expires Jul 15, 2027 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of JUN 0 9 2025 ) On before me, Adelaide C. Hunter, Notary Public Orange Date Here Insert Name and Title of the Officer personally appeared Ryan Butterfas Name(s) of Signer(s) 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. ADELAIDE C. HUNTER Notary Public - California Orange County Commission # 2508152 My Comm. Expires Jan 23. 2029 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact 11 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Named Above: Signer's Name: ❑ Corporate Officer — Title(s): Li Partner — ❑ Limited ❑ General ❑ Individual LI Attorney in Fact P1 Trustee Ll Guardian or Conservator ❑ Other: Signer Is Representing: .[.�,a.:�,!ww�z:�::.-.p�:,:1•?t �ac•�.zc: tee.-%G:i..eC9x+,sy.^�-t.' .';;R7cccnnC:�sCC.�ic.��AS!: _ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Linda D. Coats, Matthew J. Coats, Summer Reves, Ryan Rutterfas, jointly or severally in the City of Laguna Hills , State of California its true and lawful Agent(s) and Attomey(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars • ( S25.000,000,00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Sr. Vice President with its corporate seal affixed this 19th day of March , 2024 . 'State of Illinois County of Peoria )} SS Fate¢•• p9004 • •: SEAL �CCNo1 On this 19th day of March 2024 before me, a Notary Public, personally appeared Eric Raudins , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: Jill A. Scott JILL a SCOTT Notary Public Stab of Ohio My Comm. Expires Sevtember 22. 2025 Notary Public RLI Insurance Company Contractors Boning and lnjp anee Company By: Eric Raudins CERTIFICATE Sr. Vice President 1, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, 1 have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 9th day of June , 2025 . RLI Insurance Company Contractors Bonding and Insurance Company 13v: Jeffrey [XYt� Corporate Secretary 0475404020212 A0058D19 SECTION 1330 WORKERS' COMPENSATION INSURANCE CERTIFICATE In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification. - "I am aware of the provisions of Section 3700 of the Labor Code which require every 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." Oig�na��tureLaawrence Allan President Title Date Workers Compensation Insurance Certificate 1330-1 CONSENT CALENDAR ITEM NO. 5 City of La Quinta CITY COUNCIL MEETINC June 3, 2025 STAFF REPORT AGENDA TITLE: AWARD CONTRACT TO ROY ALLAN SLURRY SEAL, INC FOR FISCAL YEAR 2024/25 PAVEMENT MANAGEMENT PLAN SLURRY SEAL IMPROVEMENTS PROJECT NO. 2024-03 FOR THE COVE AREA RECOMMENDATION Award a contract to Roy Allan Slurry Seal, Inc. for the fiscal year 2024/25 Pavement Management Plan Slurry Seal Improvements Project No. 2024-03 located at various locations within the City's Cove Area; and authorize the City Manager to execute the contract and approve future change orders within the project budget. EXECUTIVE SUMMARY • Fiscal year (FY) 2024/25 Pavement Management Plan (PMP) includes a comprehensive two-phase effort to preserve and maintain city streets, covering more than 2.5 million square feet of slurry seal and over 16,000 feet of pavement repair. • Phase 1 of the PMP was successfully completed and accepted in March 2025. • Phase 2, known as the Cove Area Slurry Seal Improvements, focuses on streets within the Cove neighborhood and includes (Attachment 1): ✓ Avenida Alvarado: 287,000+ square feet of slurry ✓ Avenida Carranza: 325,000+ square feet of slurry ✓ Avenida Obregon: 294,000+ square feet of slurry ✓ Avenida Rubio: 283,000+ square feet of slurry ✓ Calle Arroba: 128,000+ square feet of slurry ✓ Calle Chihuahua: 108,000+ square feet of slurry ✓ Calle Chillon: 121,000+ square feet of slurry ✓ Calle Colima: 144,000+ square feet of slurry ✓ Calle Monterey: 120,000+ square feet of slurry ✓ Calle Potrero: 77,000+ square feet of slurry ✓ Calle Temecula: 84,000+ square feet of slurry • Roy Allan Slurry Seal, Inc., based in Santa Fe Springs, California, submitted the lowest responsible and responsive bid at $597,493.30 for the base bid. (Attachment 2). 71 FISCAL I FY 2024/25 Capital Improvement Program (CIP) allocated $1,000,000 of General Funds and $1,000,000 of Measure G Funds, with $240,848 anticipated in carry-over funding to the PMP 2024/25 and $1,000,000 of Measure A Funds to the Cove Area Slurry Seal Improvements Project No. 2024-03. Following FY 2024/25 PMP Phase 1 Improvements, the following is the project budget: *Note: Any rema Phase 2 Budget Professional/Design: $ 100,000 Inspection/Testing/Survey: $ 80,000 Construction: $ 592,493 Contingency*: $ 154,500 Rolled Over Amount $ 810,007 Total Budget: $ 1,737,000 nina funding will be rolled over to the next PMP oroiecl BACKGROUND/ANALYSIS The City's PMP is a vital infrastructure initiative designed to extend the life of existing streets and improve safety and aesthetics for residents, businesses, and visitors. In FY 2024/25 the PMP is structured in phases: • Phase 1 (Completed March 2025): Over 1.1 million square feet of slurry seal, pothole patching, and updated street striping, including green bike lane enhancements for improved cyclist visibility. • Phase 2 focuses on the Cove neighborhood, addressing nearly 2 million square feet of slurry seal, targeted repairs, and continued improvements to overall road surface quality. Phase 2 of the project was advertised on May 1, 2025, with four (4) bids received and opened on May 22, 2025. The engineer's estimate was significantly higher than the bids received. This may be due to current fluctuations in oil prices. Staff will monitor upcoming bids and adjust if the market appears to be correcting from the current higher prices seen. Contingent upon approval to award the project on June 3, 2025, the following is the project schedule: Council Considers Project Award Execute Contract and Mobilize Construction (40 Working Days) Accept Improvements June 3, 2025 June 4, 2025, to June 15, 2025 June 2025 to August 2025 September 2025 72 ALTERNATIVES Staff does not recommend an alternative. Prepared by: Ubaldo Ayon, Assistant Construction Manager Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Bid Summary 73 ATTACHMENT 1 Phase 2 FY 2024/25 Pavement Management Plan Improvements FRED WARI G DR. VARIOUS STREETS IN LA OUINTA COVE PROJECT SITE CALLE TECATE WILES AVE71 MW 111 BIACKMAWK WAY AVEMLi VICINITY MAP SCALE 74 Bid Opening Date: 05/22/2025 ATTACHMENT 2 FY 24/25 PMP SLURRY SEAL IMPROVEMENTS City Project No. 2024-03 Bid Comparison Engineer's Estimate - Base Bid Item Item Description Unit Quantity Unit Price Total Cost 1 Mobilization LS 1 $ 98,000.00 $ 98,000.00 2 Traffic Control LS 1 $110,000.00 $ 110,000.00 3 Crack Sealand Tpe II, Latex Emulsion Aggregate Slurry SF 2,080,510 $ 0.35 $ 728,178.50 4 Full Depth Grind AC (3-1/2"), Compact Existing Vase, and Variable Overlay (3-1/2" to 4-1/2") SF 140 $ 110.00 $ 15,400.00 5 Signing and Striping, Including All incidentals LS 1 $120,000.00 $ 120,000.00 Sub -Total Base Bid: $ 1,071,578.50 Grand Total Base Bid Only $ 1,071,578.50 Roy Allan Slurry Seal, Inc. Unit Price Total Cost $ 12,750.00 12,750.00 $ 29,700.00 $ 29,700.00 $ 0.23 $ 478,517.30 $ 85.00 $ 11,900.00 $ 64,626.00 $ 64,626.00 $ 597,493.30 Union Pavement Services, Inc. Unit Price Total Cost 27,750.00 $ 27,750.00 $ 38,500.00 $ 38,500.00 $ 0.24 $ 499,322.40 $ 78.75 $ 11,025.00 $ 58,037.00 $ 58,037.00 $ 634,634.40 Pavement Coatings Co. Unit Price Total Cost $ 50,000.00 $ 50,000.00 $ 106,000.00 $ 106,000.00 $ 0.21 $ 436,907.10 $ 79.00 $ 11,060.00 $ 57,000.00 $ 57,000.00 $ 660,967.10 American Asphalt South, Inc. Unit Price Total Cost $ 43,000.00 $ 43,000.00 $ 45,250.00 $ 45,250.00 $ 0.25 $ 520,127.50 $ 82.50 $ 11,550.00 $ 61,500.00 $ 61,500.00 $ 681,427.50 $ 597,493.30 $ 634,634.40 $ 660,967.10 $ 681,427.50 75