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C-3378 - Ocean Front Beach Access Walkways
November 29, 2004 Terra Pave, Inc. 12511 Putnam Street Whittier, CA 90602 E CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC Subject: Ocean Front Beach Access Walkways (C -3378) To Whom It May Concern: On November 25, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on January 13, 2004. The Surety for the contract is Developers Surety and Indemnity Company, and the bond number is 08591019. Enclosed is the Faithful Performance Bond. Sincerely, 0 6,C�7� M. �'� LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, Project Manager enclosure 3300 Newport Boulevard Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 Fax: (949) 644 -3039 www.ciry.newport= oeach.ca.us X71 ._b'i '_'U'C3��: 35 �625450btib TERRA PAVE INC PAGE 04 • OECUTED IN 4 COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT BEACH ACCESS WALKWAYS CONTRACT NO. 3378 BOND NO. 68591019 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ $1,007.00 being at the rate of $ $15.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to TERRA PAVE, INC., hereinafter designated as the "Principal", a contract for construction of OCEAN FRONT BEACH ACCESS WALKWAYS, Contract No. 3378 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3378 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE. we, the Principal, andFIDELITY AND DEPOSIT COMPANY OF MARYLAND ' duty authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of sixty -seven thousand, one hundred thirty -two and 001100 Dollars ($67,132.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 �inl ib!_"JUj _C: id 5bL74n0b6b PAVE INC PAGE 05 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In this PvPnt that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Plncipal and Surety above named, on the 28TH day of MAY JOHN TERRY TERRA PAVE, INC. (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 225 S. LAKE AVE, #700 PASADENA, CA 91101 Address of Surety (626) 792 -2311 Telephone Agent MICHAEL A. QUIGLEY, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of ORANGE On MAY 28, 2003 before me, MICHELLE FERREIRA, NOTARY PUBLIC Data Name and T'Itle of Officer (e.g., 'Jane Doe, Notary Puma¢ personally appeared MICHAEL A. QUIGLEY Name(s) of Signers) ffd F'�Ll_e FP2RGIRA Commission k 1406361 _ Public — Cclifornio ' ;� 7 Cfange �DUnty ��'�- h ":�/Cornm.�>�aesMor2b,2C;77� X personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isham subscribed to the within instrument and acknowledged to me that he /sbetk)M executed the same in his /hreft authorized capacity4ie*, and that by hislkstlaeim 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. �' l C L!_11 (,tea Place Notary Seal Above t Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: C Individual Top of thumb nere r Corporate Officer — Title(s): Partner —❑ Limited C General C Attorney in Fact �:. Trustee C Guardian or Conservator C Other: _ Signer Is Representing: 0 1999 Nalimai Notary Aasevatce • 93% DO Salo Ave, P.O. Box 2402 • Chal1 oM, CA 91313.2402 • w Mlbralocmrycrg P.J. No 5907 Rwtder Call To l-P ee 1 6 876i 7 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary, in pursuance of authority granted by Article Vl, 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 appoint Michael A. Quigley, of Aliso Viejo, California, its true and lawfu agent and Attomey -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its and deed and all bonds and undertakings and the execution of such bonds or undertakings in pursuance oft esents, as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been ecuted �nowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in it proper pe� This power of attorney revokes that issued on behalf of Michael A. Quigley, dated February 14, 20 The said Assistant Secretary does hereby certify extract on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and i to force. IN WITNESS WHEREOF, the said Vic ldent an slstant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIL AND �iT COMPANY OF MARYLAND, this 30th day of October, A.D. 2001. V' ATTEST: � �4'' FIDELITY AND DEPOSIT COMPANY OF MARYLAND no otvosr \nom \ \�j' O By (� L. L. Goucher Assistant Secretary M. P. Hammond Vice President State of Maryland Countv of Harford f ss: On this 30th day of October, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and L. L. GOUCHER, 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 swom, 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. P\4�p P.7Rp�BF} n NOTARY PU6LC I '�FaflO G0� a� Patricia A. Trombetri Notary Public My Commission Expires: October 9, 2002 POA -F 012 -0626 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE 1, 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 Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELI'T'Y AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 28TH day of MAY _ 2003 Assisfanf Secrefary CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC January= 13, 2004 Terra Pave, Inc. 12511 Putnam Street Whittier, CA 90602 Subject: Ocean Front Beach Access Walkways (C -3378) To Whom It May Concern: On November 25, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on December 9, 2003, Reference No. 2003001463829. The Surety for the contract is Developers Surety and Indemnity Company, and the bond number is 08591019. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department R. Gunther, Project Manager encl. 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us • *CDTED IN 4 COUNTERPARTS CITY OF NEWPORT BEACH in charge ^r PariOrMRRs a Band. PUBLIC WORKS DEPARTMENT OCEAN FRONT BEACH ACCESS WALKWAYS CONTRACT NO. 3378 BOND NO. 08591019 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport, Beach, State of California, by motion adopted, has awarded to TERRA PAVE, INC., hereinafter designated as the "Principal," a contract for construction of OCEAN FRONT BEACH ACCESS WALKWAYS, Contract No. 3378 in the City of Newport Beach, in strict conformity with the plans, drawings, Specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which arc incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3378 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, FIDELITY AND DEPOSIT COMPANY OF MARYLAND duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of sixty -seven thousand, one hundred thirty-two and 00/100 Dollars ($67,132.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, finely by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of Pmrfgyees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attomey s fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 25 The Bond shall inure to the benefit of any and all persons, companies, and corporations entibed to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise attect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 28TH day of MAY JOHN TERRY TERRA PAVE, INC. (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 225 S. LAKE AVE, #700 PASADENA, CA 91101 Address of Surety (626) 792 -2311 Telephone BY Signature MICHAEL A. QUIGLEY, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of ORANGE On MAY 28, 2003 before me, MICHELLE FERREIRA, NOTARY PUBLIC Date Name and Title of Officer (e.g.. 'Jane Doe, Notary Publie) personally appeared MICHAEL A. QUIGLEY MICHELLE FERREIRA _ Ccmmission k 1406361 Notdry Public — California zZ \ Grange County - "==� MyComm.E�i;esMor26.200? L IX personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islsac& subscribed to the within instrument and acknowledged to me that he /s>hi executed the same in his /her th&a authorized capacity(ire *, and that by his /heutltteioc signature(s) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS /may hand and official all seal. n At Place Notary seal A ,ia Signature of Notary Jiublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ,- - - - Individual TDp of thumb here C Corporate Officer — Title(s): Partner — D Limited C General C Attorney in Fact C Trustee Guardian or Conservator C Other: Signer Is Representing: 01999 Na9onal Notary Assoaalion • 9350 De Salo Ave.. P.O. Box 2402 • clv Wt on CA 91313 -2002 • wWw.natigminolary.ory Prod No, 5907 Beortlw Call TWI -iieo IA 876.0821 0 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary, in pursuance of authority granted by Article V1, 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 appoint Michael A. Quigley, of Aliso Viejo, California, its true and lawfu agent and Attomey -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its and deed and all bonds and undertakings and the execution of such bonds or undertakings in pursuance of t esents, as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been ecuted owledged by the regularly elected officers of the Company at its office in Baltimore, Md., in the re�roper p This power of attorney revokes that issued on behalf of Michael A. Quigley, dated February 14, 276 2�H The said Assistant Secretary does hereby certify extract on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and i force. '* IN WITNESS WHEREOF, the said Vic ident an assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FI AND IT COMPANY OF MARYLAND, this 30th day of October, A.D. 2001. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 0-S, O � By L. L. Goucher Assistant Secretary M P. Hammond Vice President State of Marvland County of Harford I ss: On this 30th day of October, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and L. L. GOUCHER, 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. \V�4 P, TAp�e c Ft a NOTARY PUBLIC s Patricia A. Trombetti Notary Pubic My Commission Expires: October 9, 2002 POA -F 012 -0626 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 5 November 25, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R.Gunther, P.E. 949 - 644 -3311 rgunther@city.newport-beach.ca.us BY `rw- CH'Y COUNCIL CITY of wwpo T BEACH __ _ ] E'- '__' r PROVO SUBJECT: OCEAN FRONT BEACH ACCESS WALKWAYS — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3378 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On May 27, 2003, the City Council authorized the award of the Ocean Front Beach Access Walkways contract to Terra Pave, Inc., of Whittier, California. The contract provided for the grading of beach sand and the construction of asphalt walkways toward the ocean at four locations on the Peninsula. These sites and the walkway designs were agreed upon by General Services, Lifeguard, and Public Works staff. The six -foot wide by varying - length walkways will allow handicapped persons and other beach visitors closer access to the ocean front and fire rings without having to traverse beach sand. The contract has been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $67,132.00 Actual amount of bid items constructed: $76,170.40 Total amount of change orders: $1,226.50 Final contract cost: $77,396.90 SUBJECT: OCEANFRONT BEAOCCESS WALKWAYS -COMPLETION AND ACCESCE OF CONTRACT NO. 3378 November 25, 2003 Page 2 The increase in the amount of actual bid items constructed over the original bid amount resulted from the need for thicker asphalt for the walkways. The final overall construction cost including change orders was 15.29 percent over the original bid amount. One change order in the amount of $1,226.50 provided for the relocation of one of the walkways. Funds for the project were expended from the following accounts: Description Ocean Front Walkway Replacement Tidelands (Ocean Front Walkways) Ocean Front Walkway Account No. Amount 7295- C5100568 $60,000.00 7231- CO310684 $13,832.00 7295- C5100570 $3,564.90 TOTAL $77,396.90 The original completion date was September 2, 2003. All work was completed by October 15, 2003, the approved extended completion date. Environmental Review: A Categorical Exemption was filed with the County Clerk and a Coastal Development Permit was obtained for the project. Prepared by: Gunther, P.E. Construction Engineer Submitted by: OA �_ Richard Edmonston Acting Public Works Director 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Officloecords. County of Orange Tom Daly, Clerk- Recorder !lll'1101!IIII!!IIIIII`P,Illi llllllll !'IIIIIIillll'!f�'IIII!!IIINO FEE 2003001463829 Q25pm 12109103 117 92 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION 6103" NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Terra Pave, Inc., of Whittier, California, as Contractor, entered into a Contract on May 27 2003. Said Contract set forth certain improvements, as follows: Ocean Front Beach Access Walkways (C -3378 Work on said Contract was completed on October 15 2003, and was found to be acceptable on November 25, 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. BY is Works Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. i r n Executed on + �1Y I �( V ✓� at Newport Beach, California. BY Q_2z_ City Clerk .rte � • #� CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC November 26, 2003 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completions for: Newport Boulevard /Balboa Boulevard — 26'h Street to 16' Street (C- 3373); Fire Station No. 3 Pavement Reconstruction (C- 3605); Ocean Front Beach Access Walkways (C- 3378); and Harbor View Nature Park — Miscellaneous Slope Repairs (C -3567) Please record the four enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 - www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Terra Pave, Inc., of Whittier, California, as Contractor, entered into a Contract on May 27 2003. Said Contract set forth certain improvements, as follows: Ocean Front Beach Access Walkways (C -3378) Work on said Contract was completed on October 15, 2003, and was found to be acceptable on November 25. 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. M. Kc Works Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �i1.11 I/� V �F' , �ii� at Newport Beach, California. BY t City Clerk �. f ' CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 a.m. on i:he 12th day of May 2003, at which time such bids shall be opened and read for OCEAN FRONT BEACH ACCESS WALKWAYS "title of Project Contract No. 3378 $66,000 Engineer's Estimate L •il 4ephen G. Badum blic Works Director o� P 5� P� �Qo tae app cir,�Q \�GrGa. Prospective bidders may obtain one set of bid documents for $10.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A OR C -12" For further information, call Lloyd Dalton Project Manager at (949) 644 -3328 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT BEACH ACCESS WALKWAYS CONTRACT NO. 3378 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 z • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT BEACH ACCESS WALKWAYS CONTRACT NO. 3378 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 456836 A & C12 Contractor's License No. & Classification TERRA PAVE, INC. Bidder Date 0 05!09/2008 00:17 5629450686 TERRA PAVE INC PAGE 02 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT BEACH ACCESS WALKWAYS CONTRACT NO. 3378 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE BID AMOUNT - Dollars ($ 10% OF BID -- ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of OCEAN FRONT BEACH ACCESS WALKWAYS, Contract No. 3378 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the fnrm(s) prPCrrihed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become hull and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 9TH day of TERRA PAVE, INC. Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLANI Name of Surety . 225 SLAKE AVE, 11700 PASADENA, CA 91101 Address of Surety (626) 792 -2311 Telephone MAY 2003. Autho ' cJ Signature/Title Authorized Agent Signature MICHAEL A. QUIGLEY, ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of ORANGE I ss. On 14AY 9, 2003 before me, MICHELLE FERREIRA, NOTARY PUBLIC Oate Name and Title of Olfcer (e.q.,'Jane Dee, Nclary Pudlir.') personally appeared _ MICHAEL A. QUIGLEY Namel9) of Slone,W r , IN personally known to me fl proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ishms: subscribed to the within instrument and acknowledged to me that he /sboigmy executed the same in his /kerkheir authorized capacity0@ *, and that by his /hetti4heim 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. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ____ .._ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: -_:I Individual 1 Corporate Officer — Title(s): _._. L . Partner — C Limited 7 General Attorney in Fact I Trustee ❑ Guardian or Conservator L-1 Other: Signer Is Representing: Number of Pages: I'op of thumb Here 1 I 0 1999 National NOoo, ASSOaafim•93500e Soto Ave- P.O. So. 24W - CbatoWooh Proo. NO, 5909 NeoWec Call Toll Free 1- 600876.6027 -. • • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and L. L. GOUCHER, 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 appoint Michael A. Quigley, of Aliso Viejo, California, its true and lawfu� agent and Attomey -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its and deed` and all bonds and undertakings and the execution of such bonds or undertakings in pursuance of [hc esents, as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been ecuted nowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their proper p �� This power of attorney revokes that issued on behalf of Michael A. Quigley, dated February 14, 20� The said Assistant Secretary does hereby certify extract on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and i=n force. IN WITNESS WHEREOF, the said Vic *ident an sistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FI AND IT COMPANY OF MARYLAND, this 30th day of October, A.D. 2001. ��� ATTEST: �5 C FIDELITY AND DEPOSIT COMPANY OF MARYLAND �p Of Fpsr J ♦�1� to �O Ifll z \� \L \J L. Goucher Assistant Secretary M. P. Hammond Vice President State of Maryland County of Harford f ss: On this 30th day of October, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and L. L. GOUCHER, 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 swom, 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. a NCTARY PUBLIC Patricia A. Trombetti Notary Public My Commission Expires: October 9, 2002 POA -F 012 -0626 0 0 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article Vl, Section 2. The Chairman of.the Board, of the President, or any Executive Vice - President, or any of the Senior Vice- Presidents or Vice - Presidents specialty authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice- Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE 1, 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 Attomey -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy o1' 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 9T6 day of MAY 2003 !� A% Assisraw Seereiary E 0 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article Vl, Section 2. The Chairman of.the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice- Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages--and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the 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 Attomey -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice- President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Companv, this 9TH day of MAY -_ __, 2003 ie . XJ�A Assis[ani Secremry Company Profle • Company Profile • Page 1 of 2 4R D awift of Ins nce FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER l SCHUAMBURG, IL 60196 -1056 800 - 382 -2150 Agent for Service of Process ANDREW K. PLATT, CORPORATE CENTER 225 SOUTH LAKE AVE SUITE 700 PASADENA, CA 91101 -0000 Unable to Locate the Agent for Service, of Process? Reference Information NA1C #: 39306 NAIC Group #: 0212 California Company ID #: 2479 -4 Date authorized in California: January 01, 1982 License Status: UNLIMITED- NORMAL Company Type: Property & Casualty State of Domicile: MARYLAND Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS http: / /cdinswwwv. insurance. ca.gov /pls /wu_co _prof /idb_co _prof utl.get_co _prof?p_EID =... 05/13/2003 Company Profile Page 2 of 2 PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information f �t Company; EnfoTement Actin Docu, ments QQrnpany Performance R C- om _a- riso-n Data - S C:pmposite Complaint_ Studies Want More? Help Me Find a ComanxReresenta „t.\;e,n, My Area Financial Rating Organizations Last Revised - May 07, 2003 03:58 PM Copyright D California Department of Insurance Disclaimer http: / /cdinswww. insurance. ca.gov /pls /wu_co _prof /idb_co _prof utl.get_Co _proDp_EID =... 05/13/2003 10 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT BEACH ACCESS WALKWAYS CONTRACT NO. 3378 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Address: Phone: State License Number: i Name: i Address: Phone: State License Number: Name: Address: r I Phone: State License Number: I I i TERRA PAVE, INC. Bidder • s CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT BEACH ACCESS WALKWAYS CONTRACT NO. 3378 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name TERRA PAVE, INC. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number GARDEN GROVE HIGH SCHOOL Project Description REPAIR PARKING LOT Approximate Construction Dates: From 11 /02 To 01/03 Agency Name GARDEN GROVE UNIFIED SCHOOL DISTRICT Contact Person BOB Telephone (71 i 663 -6000 Original Contract Amount $ 29, 600Final Contract Amount $ 29, 600.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO. 7 0 0 No. 2 Project Name /Number DOWNEY SCHOOL Project Description REPAIRS AS NEEDED AT SCHOOLS Approximate Construction Dates: From 2001 Agency Name DOWNEY UNIFIED SCHOOL DISTRICT PRESENT Contact Person BUCK WEINFURTER Telephone ( 56� 904 -3500 Original Contract Amount $15 0 , 00 Final Contract Amount $ 150,000.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO. No. 3 Project Name /Number VARIOUS WHITTIER SCHOOLS Project Description REPAIRS AS NEEDED Approximate Construction Dates: From 2000 To: PRESENT Agency Name EAST WHITTIER CITY SCHOOL DISTRICT Contact Person LEE BEAN Telephone 06) 698 -0351 Original Contract Amount $ Final Contract Amount $ 230, 000.00 TO DATE If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO. 9 E E No. 4 Project Name /Number WASHINGTON SCHOOL Project Description PARKING LOT Approximate Construction Dates: From 4 / 01 To: 7/01 Agency Name BURBANK UNIFIED SCHOOL DISTRICT Contact Person TOM LOPEZ Telephone ( 81)8 729 -4400 Original Contract Amount $83, 920 Final Contract Amount $ 85, 845. 00 If final amount is different from original, please explain (change orders, extra work, etc.) ADDITIONAL PAVING Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO. No. 5 Project Name /Number EL SEGUNDO CITY HALL Project Description PARKING LOT FOR NEW CITY HALL Approximate Construction Dates: From 4/01 To: 11/01 Agency Name CITY OF EL SEGUNDO Contact Person Telephone ( 31)0 5 24 -2709 Original Contract Amount $ 42, 400 Final Contract Amount $ 42, 400 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 0 0 No. 6 Project Name /Number SALT LAKE PARK 9 Project Description PARKING LOTS Approximate Construction Dates: From 5/01 To: 11/01 Agency Name CITY OF HUNTINGTON PARK Contact Person Telephone (31 0 524 -2709 Original Contract Amount $ 71.51 1 Final Contract Amount $ 71 , 51 1.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Kom Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. TERRA PAVE, INC. M Bidder uthor' ed Si 10 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT BEACH ACCESS WALKWAYS CONTRACT NO. 3378 NON - COLLUSION AFFIDAVIT State of California ) ) ss. Countyof L.A. ) JOHN TERRY being first duly sworn, deposes and says that he wsshe is THE PRESIDENT of TERRA PAVE, INC. the nartv making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws the fate of California that the foregoing is true and correct. _---l-7 TERRA PAVE, INC. Rldder Subscribed and sworn to before me this /�U day of JEANNIE TERRY Notary Public My Commission Expires: > j 11 JEAIVNIE 7E RRY # 1222613 NotayPuAc- Couromtp lsn County CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT BEACH ACCESS WALKWAYS CONTRACT NO. 3378 DESIGNATION OF SURETIES Bidders name TERRA PAVE, INC. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): BONDING COMPANY: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 225 S. LAKE AVE., # 700 REPRESENTATIVE: QUIGLEY INSURANCE SERVICES, INC. 18 -A JOURNEY, # 110 ALISO VIEJO, CA 92656 (949) 716 -3727 INSURANCE BROKER: SGJ &B INSURANCE SERVICES P.O. BOX 749 WOODLAND HILLS, CA 91365 -0749 (818) 316 -0999 12 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT BEACH ACCESS WALKWAYS CONTRACT NO. 3378 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name TERRA PAVE, INC. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2002 2001 2000 1999 1998 Total 2003 No. of contracts 124 394 384 362 388 351 2,003 Total dollar Amount of Contracts (in 1 . 2M 6.2M '5. 1 M 5.3M 4.7M 4.9M 27.4M Thousands of $ No. of fatalities No. of lost Workday Cases _0- 1 2 2 1 1 7 No. of lost workday cases involving permanent transfer to another job or termination of -0- -0- -0- -0- -0- -0- employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 0 0 Legal Business Name of Bidder TERRA PAVE, INC. Business Address: 1251 1 Puri ST. , WHITTIER, CA 90602 Business Tel. No.: (5G2) 693 -7283 State Contractor's License No. and Classification: 456836 A & C12 Title 'p, rs , o e.c1% The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those recnrds_ Signature of bidder Date 7fle Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title MA !! If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be pro'-, ed, followed by notarized signatures of the corporation Presidei t or `v icc President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT BEACH ACCESS WALKWAYS CONTRACT NO. 3378 ACKNOWLEDGEMENT OF ADDENDA Bidders name TERRA PAVE, INC. The bidder shall signify receipt of all Addenda here, if any: Adden m No. Date Received Signature 15 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT BEACH ACCESS WALKWAYS CONTRACT NO. 3378 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: TERRA PAVE, INC Business Address: 12511 PUTNAM STREET, WHITTIER, CA 90602 Telephone and Fax Number: ( 562) 693 -7283 . FAX: ( 562) 945 -0686 California State Contractor's License No. and Class: 456836 A s C12 (REQUIRED AT TIME OF AWARD) Original Date Issued: 5 -21 -84 Expiration Date: 5 -31 -04 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone JOHN TERRY PRESIDENT 12511 PUTNAM STREET, WHITTIER (562)693 -7283 KEN SCHRADER V- PRESIDENT 12511 PUTNAM ST., WHITTIER (562) 693 -7283 Corporation organized under the laws of the State of CALIFORNIA II The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner /agency? If so, explain. N/A Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab �rpmpliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes No Are any claims or actions unresolved or outstanding? Yes / No) 17 • C, If yes to any of the above, explain. (Attach additional sheets, if necessary) I�� Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. TERRA PAVE, INC. Bidder JOHN TERRY (Print name of Owner or President of Cocp ation /C "any) Autho j ed Sig ature/Titl PRESIDENT Title MAY 12, 2003 Date Subscribed and sworn to before me this 12th day of MAY [SEAL] i 2003. F C! Ll S )Z--s Ilk CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL OCEAN FRONT BEACH ACCESS WALKWAYS CONTRACT NO. 3378 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3378 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAI AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization p £ Dollars _ and Cents Per Lump Sum 2. Lump Sum GrSqding 4 Z � h� +Sµ Dollars and Cents Per Lump Sum 3. Lump Sum Headers 11 '� u pC �lfL. @lcl"V�^ � L ollars and —Cents Per Lump Sum $ • PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 675 Tons As,-halt on rete, complete in place Dollars ,rr and i t �7 Cents Per Ton TOTAL PRICE (WRITTEN WORDS) MAY 12, 2003 Date TEL :(562)693- 7283:FX:(562)945 -068 Bidder's Telephone and Fax Numbers 456836 A & C12 Bidder's.License No. and Classification $ �y, y6 $ � a, $ Cv 7� 132 `��' TOTAL PRICE (FIGURES) `Dollars and Cents TERRA PAVE, INC. BICIder der' Autho zed Sign ure and Title - 7-2511 PUTNAM ST., WHITTIER, CA 90602 Bidder's Address 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT BEACH ACCESS WALKWAYS CONTRACT NO. 3378 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. M81 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT BEACH ACCESS WALKWAYS CONTRACT NO. 3378 CONTRACT THIS AGREEMENT, entered into this day of , 2003, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and TERRA PAVE, INC., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: OCEAN FRONT BEACH ACCESS WALKWAYS Project Description 3378 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3378, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 07E 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of sixty -seven thousand, one hundred thirty -two and 00/100 Dollars ($67,132.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Lloyd Dalton (949) 644 -3328 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies. CONTRACTOR Terra Pave, Inc. 12511 Putnam Street Whittier, CA 90602 562 - 693 -7283 562- 945 -0686 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 0 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional Insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 23 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 0 9 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY CLERK APPROVED ASITO RM: \ �I CI ATTORNEY -*P0 �I+Fp HN�P CITY OF NEWPORT BEACH A Municipal Corporation 25 ACORD, CERTIFIC OF LIABILITY INSU NCE 06/2`0//20103 PRODUCER (818)316 -0999 FAX (818) 316 -0990 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Scanlon, Guerra, Jacobsen & Burke Insurance Brokers License# 0782266 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 749 POLICY EFFECTIVE DATE MMIDO Woodland Hills, CA 91365 -0749 INSURERS AFFORDING COVERAGE INSURED Terra Pave Inc. INSURER A: Interstate Fire & Casualty Ins. Co. 12511 Putman Avenue INSURER B: Peerless Insurance Co. Wittier, CA 90602 INSURER C: United National Insurance Co. INSURER D. INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDO POLICY EXPIRATION DATE MMIDDIVY LIMITS Newport Beach, CA 92663 GENERAL LIABILITY SL11110823 06/01/2003 06/01/2004 EACH OCCURRENCE $ 1,000,00 X COMMERCIALGENERALLIABILITY FIRE DAMAGE (Anyone fire) $ 50,00 CLAIMS MADE O OCCUR MED EXP (Any one person) $ A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE 5 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 1,000,000 PRO POLICY X PRO- LOC AUTOMOBILE X LIABILITY ANY AUTO 3P9499375 06/01/2003 06/01/2004 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ B ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON - OWNEOAUTOS X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGO EXCESS LIABILITY FSU0000018 06/01/2003 06/01/2004 EACH OCCURRENCE $ 1,000,000 X OCCUR 7CLAIMS MADE AGGREGATE $ 1,000,000 C $ 0 $ DEDUCTIBLE X RETENTION $ 10, 00 $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E. L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLE &EXCLUSIONS ADDED BY ENOORSEMENTISPECIAL PROVISIONS e: Newport Beach - Walkways, Bayside Drive - Marine Ave., Newport Beach, CA ity of Newport Beach, its officers, officials, employees & volunteers are named as Additional Insured as per attached CL246(11 /85) /CG 20 10 11 85 & Waiver of Subrogation applies GLE -8029 (05/92). RV relocation project contract no. 34. Certificate supercedes all previously issued certificates. '10 day notice of cancellation for non - payment of premium. CERTIFICATE HOLDER I X I ADDITIONAL INSURED: INSURER LETTER: A CANCELLATION ACORD 25•S (7197) FAX: (949)644 -3318 @7 CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Public Works Department 30" DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Shari Kooks BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 3300 Newport Blvd. OF Y KI ON THE COMPANY, ITS AGENTS OR KMESENTATIVES. Newport Beach, CA 92663 ALI ED RESENTATIVE ACORD 25•S (7197) FAX: (949)644 -3318 @7 CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (7197) Terra Pave Inc. 0 POLICY NUMBER: GL11110823 • COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Any person or organization that the insured is required By written contract to name as an additional insured. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CL 246 (11/85) CG 20 10 11 85 elec.aps Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 0 Insured: Terra Pav Tnc. Policy Number: GL11 23 E WAIVER OF SUBROGATION (Blanket -- Contractual) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under: COMMERCIAL GENERAL LIABILITY COVERAGE PART In consideration of the premium charged and notwithstanding anything contained therein to the contrary, SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 8, Transfer of Rights of Recovery Against Others To Us, is deleted in its entirety and replaced by the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce them. In the event of any payment under this policy, the Company waives its right of recovery against any principal for whom you are operating under a "written contract' when such contract requires such a waiver of right of recovery or of subrogation. This waiver of our right of recovery shall apply solely to payments made for losses resulting from operations performed on your behalf under such "written contract'. ADDITIONAL DEFINITION: "Written contract," as used in this endorsement shall mean a contract, in writing, that requires a waiver of subrogation: and shall also mean letters of intent or work orders, subject to subsequent reduction to writing, with customers whose customary contracts would require a waiver. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. GLE -8029 (05/92) (Ed.'04 /97)elec.aps 6/24/2003 Time: 10:40 AM To: CityofNewportBch e 19496443318 Page: 00 02 Aft CORD„ CERTIFICA OF LIABILITY INSU CE DATE IMMIDDM 06/24/200: DUCER (818) 316 -0999 FAX (818) 316 -0990 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Scanlon, Guerra, Jacobsen & Burke Insurance Broke ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License# 0782266 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 749 - Woodland Hills, CA 91365 -0749 INSURERS AFFORDING COVERAGE INSURED Terra Pave Inc. NSUPi'3A Peerless Insurance Company 12511 Putman Avenue . NSURERB. Wittier, CA 90602 :- :aSc =EPC N;c:EPO .eSUREPE —_ 1- 1004:L'I51 *9 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDM P LILY E-x BM iSN DATE MMIOD OMITS AUTHORIZED REPRESENTATIVE GENERAL LIABILITY EAr- 0^,_U'n ?'_ \;;_ $ COMWE2UALG_NL?ALUASILh' FIREJAIAAGL IA .U^e41e) $ ^__k.MSMAJE NIE0 EX�IAl 1. 1 G'EHSGVAL &ASV VJHY $ GC]C ?A_AGri ?EDn.L $ GENT. kSG'r.EGA'E UO<IT4 »_ES PEF pP ^�� ^rS.r�.,.o;�o qr„ $ AUTOMOBILE LIABILITY ICBP9499375 X E.YF 06/01/2003! 06/01/2004 ;Ea e:: .,.t! .,.t! % 1,000,000 -90D :- '',JURY 8 A H A__DYJNA_ID= � :OyEDU:.EC' AU'00 . :Pe: as aerni X HIED A�:Gs X N" 4 O`NNF ; A, fi05 oe: acccen!j GARAGE LIABILITY A'JTO O,.Y -FA A. ^.•^..D=AT AN' AUTO, DiHEi•T-A:J —_A ACC EXCESS LIABILITY EACHOCCJPPENCE $ OCCJE CLFIIdS. ^.'ADE OL-P.EGA? i DE. ^.JCTIB'_E I - ?F'EnnON 4 WORKERS COMPENSATION AND Tv'Rv'_A.11T5 EF EMPLOYERS' LIABILITY e'_ EACh A. ^. CIGFNT DISEASE EE EMF•_OYEE EL DISEASE POLICY _ -4:T j I OTHER I I DESCRIPTION OF OPERATDNSILOCATIONS IYEHICLESIEXCLUSIONS ADDED BY ENOORSEMENTISPECIAL PROVISIONS e: Newport Beach - Walkways, Bayside Drive - Marine Ave., Newport Beach, CA ity of Newport Beach, its officers, officials, employees & volunteers are named as Additional Insure is per policy form GECA701, Commercial Auto Gold Endt, as required by written contract. RV relocation project contract no. 34. '10 day notice of cancellation for non - payment of premium. CERTIFICATE HOLDER I X ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION ACURD X5.5 (119f) FAX: ( 949 )644 -3316 ©ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Public Works Department _JQL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Shari ROOkS BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 3300 Newport Blvd. OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Newport Beach, CA 92663 ACURD X5.5 (119f) FAX: ( 949 )644 -3316 ©ACORD CORPORATION 1988 Lte: 6/24/2003 Time: 10:40 AM To: CityofNewportBch e 19496443318 rage: vv INJUG-ifil If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. STATE COMPENSATION I S R x1, N �-s FUND P.O� BOX 420807. SAN FRANCISCO, CA 94142-0807 CERTIFICATE OFWORKERS.COKUPENSATUONINSURANCE POLICY NUMBER oc^;mo/oe EXPIRES ��'|-�� F C7TY PF N[�p�Rr R[ACH - PUBLlC WOKKS DEFr THI� SiP[RSEDES 4uD l�S �FFI�F�S VlRECT8RS A0[NTS EMPLOYEES uS CO�KECT� 11-IF A�E SHoR EHOLMER3 PN{TNEKS O� 0 6-V�-03. J3�`� �E�P�P/ R[�Cy W�W�DR� 8EAC� CA 926oJ J0:; mt:W 7 E�Co BA,Sl�E DR - �oKI�E �VL L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by [lie Califoina Instirance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon tpaidays advance wr:tten notice to the employer. 3O We will also give you T;�N days advance notice should this policy be cancelled poor to :is normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed here\ri. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by thc policies described herein is subject to all the terms, exclusions and conditions of such policies. � ^v/Homzroncpncscwr^r/vp pxcswIFw/ 7�vLVY[RS L�4�lL�T' T ���:'SDI�S 8�FENSE C;ST6: s�,Vto`0O� P�R OCCi�P8r -[L. EuD�8SE�[k. FIE LE� CE�r�FICA�F HOLDE�S����CE [FFF��3V[ [�'lT��D �T1ACUE� rulCD PA��� �AM[: ClTv 0F �E�yJ»r ��4C�| smpLo/ex � ��{TTl�� CA rOo32 � • i �F,2,yJOChL h JUN -2,5 -2003 WED 03 :10 PM CAL SURANCE FAX N0, 7149391654 P. 01 Fax #: T q 1—cot/ 1- 3319 0 X11 i S .( o c) ► de,,- CERTIFICATE OF INSURANCE n 6 CHECKLIST City of Newport Beach' This checklist is comprised of requirements as outlined by the City of Newport Beach Date Received: (R- "3 Dept. /Contact Received From: K�QOCS Date Completed: - / -0s Sent to: _S�,'j By: 1 I (Cc✓ /1 Company /Person required to have certificate: �� ✓�� F'0. JP� L GENERAL LIABILITY ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? VYes _ A. INSURANCE COMPANY. _{-rl4./S'� F (t_ a' cos U 1 o I % V B. AM BEST RATING (A: VII or greater): tt xv / C. ADMITTED Company (Must be California Admitted): ADDITIONAL INSURED WORDING TO INCLUDE (The City its _ 1 � officers, officials, employees and volunteers): Is it included? ' s Is Company admitted in California? XYes No D. LIMITS (Must be $1M or greater): What is limit provided? i E. PRODUCTS AND COMPLETED OPERATIONS (Must include): is it included? ZYes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. officers, officials, employees and volunteers): Is it included? �res ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): A. Is It included? Yes Ei No H- CAUTION! (Confirm that loss or liability of the named insured is not AM BEST RATING (A: VII or greater): 04D Q limited solely by their negligence) Does endorsement include "solely by C. D. negligence" wording? ❑ Yes kf'No 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Pte.✓- c s 7Tn's B. AM BEST RATING (A: VII or greater): A X s C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? VYes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its _ 1 � officers, officials, employees and volunteers): Is it included? ' s rNo F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? G`❑ Yes No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): 04D Q C. D. LIMITS: Statutory WAIVER OF SUBROGATION (To include): Is it included? Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes WNo IF NO. f r WHICH ITEMS NEED TO BE COMPLETED? 0 0 1 1 1 1 2 a 2 2 2 3 �3 3 3 3 3 4 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS OCEAN FRONT BEACH ACCESS WALKWAYS CONTRACT NO. 3378 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -2.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power, and Water 1 1 1 1 2 a 2 2 2 3 �3 3 3 3 3 4 4 4 4 7 -10 PUBLIC CONVENIENCE AND SAFETY 4 7 -10.1 Traffic and Access 4 7 -10.2 Storage of Equipment and Materials in Public Streets 5 7 -10.3 Street Closures, Detours, Barricades 5 7 -10.4 Public Safety 5 7- 10.4.1 Safety Orders 5 7 -15 CONTRACTOR LICENSES 5 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 5 SECTION 9 MEASUREMENT AND PAYMENT 6 9 -3 PAYMENT 6 9 -3.1 General 6 9 -3.2 Partial and Final Payment 6 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 6 300 -1 CLEARING AND GRUBBING 6 300 -1.3 Removal and Disposal of Materials 6 300 -1.3.1 General 6 SECTION 302 ROADWAY SURFACING 6 302 -5 ASPHALT CONCRETE PAVEMENT 6 302 -5.1 General 6 F: \USERS \PBN!\Shared \Contracts \FY 02 -03 \OCEAN FRONT BEACH ACCESS WALKWAYS C -3378 \SPECS INDEX C- 3378.doc 0 SP 1 OF 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT BEACH ACCESS WALKWAYS CONTRACT NO. 3378 SPECIAL PROVISIONS INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. M- 5345 -S); (3) the City's (1994 edition), including Supplements; and (4) the Standard Specifications for Public Works Construction (1997 edition), including supplements. The Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. The Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, California, 92802, telephone (714) 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as stated hereinafter. PART GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this Section, "The work necessary for the completion of this contract consists of grading and constructing asphalt concrete beach access walkways at four locations along Balboa Peninsula ocean front." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this Section, "The Engineer will provide construction staking as required to construct the improvements. Any additional stakes or any restaking or costs therefor shall be the responsibility of the Contractor. The Contractor shall notify the Engineer in writing at least two working days in advance of the time that the stakes are needed." 3 -3 EXTRA WORK 3 -3.2 Payment 0 SP2OF6 SECTION 3 - -- CHANGES IN WORK 3 -3.2.3 Markup. Replace this Section with," (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this Section, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on extra work in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. This Section only applies to work in excess of the estimated quantities shown in the Proposal." SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. 0 0 SP3O1`6 SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this Section, "The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. The schedule shall be either bar chart or CPM style. No construction shall begin until all contract documents have been approved by the City, a "Notice to Proceed" has been issued by the Engineer, a pre- construction meeting has been held with the Engineer, and a schedule of work has been approved by the Engineer. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. The term "work" as used herein shall include furnishing acceptable contract documents, mobilization, grading, construction, backfill, cleanup, etc." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this Section, "The Contractor shall complete all work under this contract within 15 consecutive working days, but not more than 30 consecutive working days from the date of the "Notice to Proceed ". Work shall not commence before September 2, 2003. The Contractor may work on all four sites simultaneously in order to expedite the completion of work. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st, the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11' (Veterans Day), the fourth Thursday in November (Thanksgiving), December 24th ('/2 day for Christmas Eve), December 25" (Christmas) and December 31s' ('/2 day for New Years Eve). If January 1 ", July 4th November 11`h or December 25`h falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m. Monday through Thursday and 7:00 a.m. to 3:30 on Fridays. • 1 SP40F6 Should the Contractor elect to work later than 4:30 p.m. (3:30 p.m. Fridays) (up to 6:30 p.m.) weekdays or between 8:00 a.m. and 6:00 p.m. Saturday, he shall first obtain special permission from the Engineer. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $55.00 per hour when such time periods are approved. SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS The Coastal Commission has issued Permit 5 -02 -342 for this project. The Contractor shall abide by the following conditions of the Permit: 1. Construction materials, debris, or waste shall be not placed or stored where it may be subject to wave, wind, rain, or tidal erosion or dispersion; 2. Debris resulting from construction activity shall be removed from the project site within 24 hours of completion of the project; 3. Construction debris and sediment shall be removed from construction areas each day that construction occurs to prevent the accumulation of sediment and other debris which may be discharged into coastal waters; 4. Mechanized machinery shall be removed from the beach at the end of each working day. Storage of mechanized equipment is not allowed on the beach. 5. Erosion control /sedimentation best management practices (BMPs) shall be used to control dust and sedimentation impacts to coastal waters during construction. BMPs shall include plcement of sand bags aroune drainage inlets to prevent runoff /sediment transport into the ocean. 6. Construction materials, excluding lumber, shall be covered and enclosed on all sides, and as far away from a storm drain inlet and receiving waters as possible. 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this Section, "If the Contractor elects to use the City's water, he shall arrange for a meter and tender a $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage, repair charges for damage to the meter, etc." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this Section, "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc." SP5OF6 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials may be stored at the ocean front subject to the Engineer's prior approval." 7 -10.3 Street Closures, Detours and Barricades. Add to this Section: 'The Contractor shall prepare a written beach closure, barricade and pedestrian detour plan. The Contractor shall obtain the Engineer's approval of this plan prior to beginning construction. The Contractor shall make every effort to minimize the areas of beach closure. 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this Section, "The Contractor shall be solely responsible for conditions of the jobsite, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -15 CONTRACTORS LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" or Specialty Earthwork and Paving Contractor C -12 License. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built' drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and so certified by the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built' correction plans shall be verified by the Engineer prior to final payment or release of any bonds. All Improvement Plans shall be drafted in ink on standard 24 -inch by 36 -inch mylar. The plans shall also include a City of Newport Beach Public Works title Sheet. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. - SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT SP60F6 9 -3.1 General. Revise paragraph two to read, 'The unit and lump sum prices bid for each item of work shown on the proposed shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place and no other compensation will be allowed therefor. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. 9 -3.2 Partial and Final Payment. Add to this Section, "Partial payments for mobilization shall be made in accordance with Section 10264 of the California Public Contract Code." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials. 300 -1.3.1 General. Add to this Section, 'The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove foreign material from excavations of beach sand and spread only clean sand adjacent to the completed walkways as directed by the Engineer. Fire rings, lifeguard towers and plant materials will be removed and replaced by others." SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this Section, "Asphalt concrete for the walkways shall be III -132 -AR -4000 for the 8 -inch thick base course and III -C3 -AR -2000 for the 4 -inch thick finish course. The City desires that the finished surface of the walkway appear similar in color and texture to the beach surface. Accordingly, the Contractor shall broadcast, broom, and roll to compact beach sand across the entire walkway surface during compaction of the finish course of asphalt such that some of the beach sand will adhere to the asphalt binder. The Contractor shall submit his method of doing such work to the Engineer for approval prior to ordering the asphalt." F: \USERS \PBW\Shared \Contracts \FY 02 -03 \OCEAN FRONT BEACH ACCESS WALKWAYS C- 3378 \SPECS C- 3378.doc TO E CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. io May 27, 2003 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Lloyd Dalton, P.E. 949 - 644 -3311 Idalton@city.newport-beach.ca.us SUBJECT: OCEAN FRONT BEACH ACCESS WALKWAYS - AWARD OF CONTRACT NO. 3378 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3378 to Terra Pave, Inc., for the Total Bid Price of $67,132, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $6,700 to cover the cost of unforeseen work. 4. Approve a Budget Amendment transferring $13,832 from Tidelands Account No. 7231- C0310684 to Account No. 7231- C5100568. DISCUSSION: At 11:00 AM on May 12, 2003, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Terra Pave, Inc. $67,132.00 2 Palp, Inc., dba Excel Paving Company 74,800.00 3 Ranco Corporation 91,888.00 The low total bid amount is 2% above the Engineer's Estimate of $66,000.00. The low bidder, Terra Pave, Inc., possesses a General Engineering Classification "A" contractor's license as required by the project specifications and has satisfactorily completed similar paving jobs for various school districts and other Southern California agencies. u SUBJECT: Ocean Front Beach *ess Walkways —Award of Contract No. 3378 • May 27, 2003 Page: 2 This project provides for grading beach sand and constructing asphalt walkways toward the ocean at four locations on the Peninsula (see attached vicinity maps). These sites and the walkway designs were agreed upon by General Services, Lifeguard, and Public Works staff. The six -foot wide by varying- length walkways will allow handicapped persons and other beach visitors closer access to the ocean front and fire rings without having to traverse beach sand. The contract requires that all work be completed within 15 consecutive working days, but not commence until September 2nd Environmental Review: A Categorical Exemption has been filed with the County Clerk and a Coastal Development Permit has been obtained for the project. Funding Availability: American Trader Oil Spill funds in the amount of $60,000 have been appropriated for this project. An additional $13,832 will be needed to complete all the work and the funds can be transferred from an existing Tidelands project (Rhine Wharf Public Dock), that has been put on hold for the foreseeable future. Staff recommends approval of a Budget Amendment transferring $13,832 from Account No. 7231- CO310684 to Account No. 7231- C5100568 to accommodate the work. Upon approval of the Budget Amendment, sufficient funds will be available in the following accounts for award and unforeseen work: Account Description Ocean Front Walkway Replacement Tidelands (Ocean Front Walkways) Prepared by: .A# . Principal Attachments: Project Location Map Bid Summary Account Number Amount 7295- C5100568 $60,000 7231- CO310684 $13,832 Total $73,832 Submitted by: Steph�. Badum Publi&Works Director 0 0 lie wpor� /pier 5�� 0 AD 9 G' T I X, J Bq�eOq BOU(E Q OCEAN C FRONT PROJECT PACIFIC OCEAN 0 0 4Y 94R ��Rk�NG Aiiall 40r 1 Q� J� 'PROJECT FIG n0 U a W m F- w O IL w Z LL O N U Z ui a a w 0 m Y O U J m d E w � F o Q o p w m ~ x _T U d U 0 Q w y o Y y ' U d m w U x U U Z w O F- P: p U O J p m m N Q 3 Y J 3 N y W U V Q S U Q W Cl z Q W U 0 ui z O F J O Q 00 noo o Y h � O N J w Q � w w Z h Q F- LU O zw 0 O z Z0- wa C� x m U K E i m 'm m U C O D v N 0 w Pity of Newport Beach BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations PX Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 071 AMOUNT: $13,a3z.00 Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer budget appropriations for the Ocean Front Beach Access Walkways Project, C -3378. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description REVENUE ESTIMATES (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7231 Tidelands - Capital Account Number C0310684 Rhine Wharf Public Dock $13,832.00 Division Number 7231 Tidelands - Capital Account Number C5100568 Ocean Front Walkways & Lighting $13,832.00 Division Number Account Number Division Number Account Number Division Number Account Number Automatic System Entry. Signed: �t�iyi� (� i_ —e� — d Fine nc�i(a/l/.l�jppr,val: Admini `tratv�ervicceesDirector Date Signed: 0 Administrative Approval: City Manager D' at Signed: City Council Approval: City Clerk Date ity of Newport Beach* BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations PX Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 071 AMOUNT: $13,ssz.00 Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance NX No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer budget appropriations for the Ocean Front Beach Access Walkways Project, C -3378. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (360 1) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Account Division Account Division Account Division Account Division Account Signed Signed: Signed Description Description LL1eo��;a L-� j- FinanciaLAjp /p /fovval: Administrative Serviceps Director Administrative Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $13,832.00 $13,832.00 Date ,5- 1° 4� / Dat /// / L Date Description Number 7231 Tidelands - Capital Number C0310684 Rhine Wharf Public Dock Number 7231 Tidelands - Capital Number C5100568 Ocean Front Walkways & Lighting Number Number Number Number Number Number LL1eo��;a L-� j- FinanciaLAjp /p /fovval: Administrative Serviceps Director Administrative Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $13,832.00 $13,832.00 Date ,5- 1° 4� / Dat /// / L Date