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Home My WebLink AboutC-3435 - Pacific Coast Highway Improvement from Morning Canyon Road and Cameo Shores Road0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC April 11, 2007 Elite Bobcat Service, Inc. 1320 E. Sixth Street, #100 Corona, CA 92879 Subject: Pacific Coast Highway Improvements from Morning Canyon Road to Cameo Shores Road (C -3435) To Whom It May Concern: On April 11, 2006, 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 May 25, 2006. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 7576714. Enclosed is the Faithful Performance Bond. Sincerely, �Oi LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. enclosure 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us EXECUTED IN FOUR COUNTERPAO •. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3435 BOND NO. 7576714 �,l •-lea.. :• � The premium charges on this Bond is $ 3,314 , being at the rate of $ . 13.50 PER thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to ELITE BOBCAT SERVICE, INC., hereinafter designated as the "Principal ", a contract for construction of PACIFIC COAST HIGHWAY IMPROVEMENTS FROM MORNING CANYON ROAD TO CAMEO SHORES ROAD, Contract No. 3435 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. 3435 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND . duly authorized to transact business under the laws of the State of California as Surety (hereinafter `Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred FortyFlve Thousand, Four Hundred Flftyiwo and 501100 Dollars ($245,452.60) 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 oursetves, 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 9 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 specnccations 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 specificattons. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 14TH day of NOVEMBER . 2005. ELITE BOBCAT SERVICE, INC. - ;Principal) Authorized Signa re/litie \` o� I°✓bs FIDELITY AND DEPOSIT COMPANY OF MARYLAND BY- Name of Surety A thorized Agent Signature 801 N. BRAND BLVD., SUITE, PENTHOUSE GLENDALE, CA 91203 Address of Surety (818) 409 -2800 Telephone MATTHEW P. FLAKE /ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTAC14ED 29 0 0 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On 11/ 15 /05 before me, Sarah D. Shaw — Notary Public personally appeared Joseph A. Nanci personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Lure o j. blic @MYSARAH D. SHAW Commisslon # 1437422 Notary Pubtle - Coldomlo RNerlde County Comm. Expires Sep 2.2007 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT Faithful Performance Bond — City of Newport Beach TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES ❑ INDIVIDUAL ❑ PARTNER(S) ❑ OTHER: DATE OF DOCUMENT 11/14/05 CAPACITY CLAIMED BY SIGNER nX CORPORATE OFFICER President / Secretary TrME(S) ❑ ATTORNEY -IN-FACT ❑ TRUSTEE(S) SIGNER IS REPRESENTING: Elite Bobcat Service, Inc. NAME OF PERSON(S) OR ENTITY(S) • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 11/14/05 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared known to me to be th, within instrument and same in his authorized instrument the person person acted, executed ,..MATTHEW P : FLAKE, personally a person whose name is subscribed to the acknowledged to me that he executed the capacity, and that by his signature on the or the entity upon behalf of which the the instrument. WITNESS my hand nd official seal. LET,'"— '' gVFOOD COMM. #'1593951 /_iG/ V v v✓ NOTARY PUBLIC O CAIAPORNIA lZi OPANGFi. COUNTY S a re Notary Public Comm.:':x;..:ULY27,2009 OP2.TONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE or DOCUFENT NUMBER OF PAGES 2 DAZE OF DOCU%S'NT 11/14/05 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE (3) ❑ PARTNER(S) N ATTORNEY -IN -FACT ❑ .TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) OR ENTITY(S) 0 0 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 I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still 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 V1, 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 I Oth 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 14TH day of NOVEMBER 2005 . r Assistant Secrelurr • • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a . corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date a Wby nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB E and Lexie SHERWOOD, all of Anaheim, California, EACH its true make, execute, seal and deliver, for, and on its behalf as surety, and as it y ndertakings, and the execution of such bonds or undertakings i p9�p ' sPer coding upon said Company, as fully and amply, to all intents and pu s z bee d acknowledged by the regularly elected officers of the Company at its It, M , ' rsons. This power of attorney revokes that issued on behalf of Richard A h avid L. CULBERTSON, Matthew P. FLAKE, Lexie SHERWOOD, dated January 14, 2005. (��Q� The said Assistant iy doe's hereby certify that the extract se[ forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of November, A.D. 2005. ATTEST: 'ao ccvps. a f �a i n11 T= 4 � State of Maryland City of Baltimore ss: FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary ENV' i i,Ii�.�,��• By: William J. Mills Vice President On this 7th day of November, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, 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 Seat 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. Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 POA -F 012 -4150H • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC May 25, 2006 Elite Bobcat Service, Inc. 1320 E. Sixth Street, #100 Corona, CA 92879 Subject: Pacific Coast Highway Improvements from Morning Canyon Road to Cameo Shores Road (C -3435) To Whom It May Concern: On April 11, 2006, 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 April 20, 2006, Reference No. 2006000266674. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 7576714. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. 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 0 EXECUTED IN FOUR COUNTERPARTS 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3435 BOND NO. 7576714 LABOR AND MATERIALS PAYMENT BOND PREMIUM: INCLUDED IN PERFORMANCE BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to ELITE BOBCAT SERVICE, INC., hereinafter designated as the "Principal," a contract for construction of PACIFIC COAST HIGHWAY IMPROVEMENTS FROM MORNING CANYON ROAD TO CAMEO SHORES ROAD, Contract No. 3435 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3435 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 dilly authorized to transact business under the laws of the State of California, as Surety, {refened to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of Two Hundred Forty -Five Thousand, Four Hundred FiftyTwo and 501100 Dollars ($245,452.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, Implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld apd paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 The Bond shall Inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns In any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect Its obligations on this Bond, and It does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract 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 14TH day of NOVEMBER 2005, ELITE BOBCAT SERVICE INC. (principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 N. BRAND BLVD., SUITE, PENTHOUSE GLENDALE, CA 91203 Address of Surety (818) 409 -2800 Telephone W a Authorized Agent Slgh&re' MATTHEW P. FLAKE ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 0 0 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On 11/ 15 /05 before me, Sarah D. Shaw — Notary Public personally appeared Joseph A. Nanci personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (\) _ Commissbn # 1437422 -s Notary Public - Califomio score of No Public Riverside County My Comm. Expires Sep , 2007 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT Labor & Materials Payment Bond — City of Newport Beach TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES ❑ INDIVIDUAL ❑ PARTNER(S) ❑ OTHER: DATE OF DOCUMENT 11/14/05 CAPACITY CLAIMED BY SIGNER X❑ CORPORATE OFFICER President / Secretary TITLES) ❑ ATTORNEY -IN-FACT ❑ TRUSTEE(S) SIGNER IS REPRESENTING: Elite Bobcat Service. Inc. NAME OF PERSON(S) OR ENTITY(S) 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 11/14/05 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared known to me to be th, within instrument and same in his authorized instrument the person person acted, executed MATTHEW-P. FLAK personally person whose name is subscribed to the acknowledged to me that he executed the capacity, and that by his signature on the or the entity upon behalf of which the the instrument. WITNESS) my ha and official seal. - wwnnn LE EE S Ica HER D Comm. #1599951 MDTARYPUKX•CAUPOF U1 Sigh'atdre Of Notary Public ORANeE COUNTY Comm. Exp. JULY 27, 2009 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYPE OF DOCUMENT NUMI= OF PAGES 2 Dare OF DOCUMENT 11/14/05 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE (S) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND _ NAME OF PERSON(S) OR ENTITY(S( 0 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date y nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB P E and Lexie SHERWOOD, all of Anaheim, California, EACH its we make, execute, seal and deliver, for, and on its behalf as surety, and as it y miertakings, and the execution of such bonds or undertakings 1 t a se s coding upon said Company, as fully and amply, to all intents and pu os bee d acknowledged by the regularly elected officers of the Company at its Iti M , ' r persons. This power of attorney revokes that issued on behalf of Richard A h vid L. CULBERTSON, Matthew P. FLAKE, Lexie SHERWOOD, dated January 14, 2005. {� The said Assistant does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of November, A.D. 2005. ATTEST: tP0 DEiGSri 0 4N1 4= IQ State of Maryland i ss: City of Baltimore J FIDELITY AND DEPOSIT COMPANY OF MARYLAND ,,' Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 7th day of November, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland. duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, 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 sate. 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. Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 POA-F 012 -4150H ,1 \�``` •'Hoop` Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 POA-F 012 -4150H 0 0 0 ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $_waived . This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 105/6 of direct earned premium in the prior year, and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90 %. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder Illlillllllllillllllllllllll�l lliiflllllllillllif ll�IIIIIIIIIIIiIIfIIIIIINO FEE City Clerk 2006000266674 01:44pm 04120106 '121 Asa Ntz City of Newport Beach OM o.00 0.00 0.00 0.00 0,00 0.00 0.00 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Elite Bobcat Service, Inc., of Corona, California, as Contractor, entered into a Contract on November 22, 2005. Said Contract set forth certain improvements, as follows: Pacific Coast Highway Improvements from Morning Canyon Road to Cameo Shores Road (C -3435) Work on said Contract was completed on March 15, 2006, and was found to be acceptable on April 11. 2006, 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. Director rt Beach VERIFICATION that the foregoing is true and correct to the best of my Executed on i /';10 a.00 So at Newport Beach, California. wy I/ �r City Clerk Y_ N rU UW ui H� > C' o 1 ED i3 U > —� LLJ o 0 1 certify, under penalty of perjury, knowledge. Director rt Beach VERIFICATION that the foregoing is true and correct to the best of my Executed on i /';10 a.00 So at Newport Beach, California. wy I/ �r City Clerk • 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC April 12, 2006 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion (C -3435) Please record the enclosed document and return them to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 • 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 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Elite Bobcat Service, Inc., of Corona, Califomia, as Contractor, entered into a Contract on November 22, 2005. Said Contract set forth certain improvements, as follows: Pacific Coast Hiahwav Improvements from Momina Canyon Road to Cameo Shores Road (C -3435) Work on said Contract was completed on March 15. 2006, and was found to be acceptable on April 11, 2006, 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. Director ,rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 0942r/ /o), owa So at Newport Beach, California. RY THE CITY COUNCI CRY OF NEWPORT ©EA AW i Dios +"i` '�M TO: FROM: • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT • ��3435 (34 /too-2-&04) Agenda Item No. ' April 11, 2006 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Public Works Department R. Gunther, P.E. 949 - 6443311 or rgunther @city.newport- beach.ca.us SUBJECT: PCH IMPROVEMENTS FROM MORNING CANYON TO CAMEO SHORES — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3435 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 one (1) year after Council acceptance. 5. Approve a Budget Amendment transferring $11,000 from the Unappropriated Circulation and Transportation Fund to PCH Improvements from Morning Canyon to Cameo Shores Construction Account 7261- C5100650. DISCUSSION: On November 22, 2005, the City Council authorized the award of the PCH Improvements from Morning Canyon to Cameo Shores contract to Elite Bobcat Service, Inc. The contract provided for the construction of curb and gutter, a two foot maximum high slough wall and a sidewalk on Pacific Coast Highway in Corona del Mar. This project has provided a safe pedestrian walkway adjacent to the highway and facilitates the Cameo Homeowners Association's efforts to beautify the area between Hampden Road and Pacific Coast Highway. Archaeological clearance and a waiver of the Coastal Development Permit were obtained prior to the start of the project. PCH Improvemi•from Morning Canyon to Cameo Shores - Compleoid Acceptance of Contract No. 3435 April 11, 2006 Page 2 The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $245,452.50 Actual amount of bid items constructed: $246,496.00 Total amount of change orders: $22,096.00 Final contract cost: $268,592.00 Two Change Orders totaling $22,096.00 provided for the removal and replacement of additional' curb and gutter on the south end of the project area and for grinding and paving the bikelane for the length of the project. The final overall construction cost including Change Orders was 9.4 percent over the original bid amount. Environmental Review: The City's project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers minor alterations of public highways involving negligible or no expansion of use beyond that existing at the time the project was authorized by City Council. Funding Availabilitv'. Upon approval of the budget amendment, sufficient funds will available from the following account for this project: Account Description Account Number Amount East Coast Highway Sidewalk & Wall 7261- C5100650 $268,592.00 Between Morning Canyon & Cameo Shores All work was completed by the original contract completion date of March 15, 2006. Prepared by: G their, P.E. Construction Engineer Submitted by, epKen G. d Public Works irector Wof Newport Beach NO. BA- 06BA -058 BUDGET AMENDMENT 2005 -06 AMOUNT: 317,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND AX Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations from the Circulation & Transportation unappropriated fund balance to the East Coast Highway Widening Project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 260 3605 Circ & Transportation Fund Balance $11,000.00 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Signed: Signed: Signed: Director City Manager $11,000.00 Date i O Co ate City Council P¢)proval: City Clerk Date Description Division Number 7261 Circulation & Transportation Fund Account Number C5100650 East Coast Highway Widening Project Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Director City Manager $11,000.00 Date i O Co ate City Council P¢)proval: City Clerk Date L7 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. to November 22, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Lloyd Dalton, PE 949 -644 -3328 Idafton@city.newport-beach.ca.us SUBJECT: PACIFIC COAST HIGHWAY IMPROVEMENTS FROM MORNING CANYON ROAD TO CAMEO SHORES ROAD - CONTRACT NO. 3435 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Approve a budget amendment appropriating an additional $101,862.50 from the Unappropriated Circulation & Transportation Fund Balance to Account No. 7261 - 05100650. 3. Award Contract No. 3435 to Elite Bobcat Service, Inc., for the total bid price of $249,452.50, and authorize the Mayor and the City Clerk to execute the contract. 4. Provide a contingency of $20,000 to cover the cost of testing and unforeseen work. DISCUSSION: At 11:00 a.m. on November 3, 2005, the City Clerk opened and read the following total bid prices for this project: Low Elite Bobcat Service, Inc. 2 Alliance Streetworks Inc. 3 J.D.C. Inc. 4 Sequel Contractors, Inc. 5 Damon Const. Co. Bidder Total Bid Price $245,452.50 260,990.00 272,775.00 304,838.00* 313,667.50 corrected Total Bid Price is $304,848.00 The low Total Bid Price is 2% below the Engineer's Estimate of $250,000. The low bidder, Elite Bobcat Service, Inc., possesses a General Engineering Contractor Class A license as required by the project specifications. EBS has not performed contract work Subject: .Pacific Coast HighWA&rovements from Morning Canyon Road to Cam4lw Road -Contract No. 3435 November 22, 2005 Page 2 for the City; however, a check of their references indicates that they have satisfactorily completed similar -type work for other southern California municipalities. This contract requires for the Contractor to provide traffic control; remove signage, vegetation and five street trees from the southerly parkway of Pacific Coast Highway; excavate the slope and pavement as needed to construct curb and gutter, a two foot maximum height slough wall and a sidewalk; and construct said improvements, traffic striping and new signage adjacent to Cameo Shores tract (see attached Location Map). The completed project will provide a safer pedestrian way adjacent to the highway, rather than in the highway, and will facilitate the Cameo Homeowners Association's efforts to beautify the area between Hampden Road and Pacific Coast Highway. Public Works staff has obtained archaeological clearance and a waiver of the Coastal Development Permit for the project. The five street trees to be removed will be replaced in the same general area with new street trees under an upcoming Cameo Association contract. Tree specie and exact planting locations will be shown on Cameo's construction plans for tract entrance, screen wall and re- landscaping between Hampden Road and Pacific Coast Highway. Those plans will soon be brought before the PB &R Commission for approval. Environmental Review: The City's project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers minor alterations of public highways involving negligible or no expansion of use beyond that existing at the time the project was authorized by City Council. Funding Availability: Upon approval of the recommended budget amendment, sufficient funds will be available for award and contingency in the following accounts: Account Description Account Number Amount PCH Sidewalk & Wall 7261- C5100650 $163,590.00 Between Morning Canyon & Cameo Shores Circulation & Transportation Fund Budget Amendment 7261- C5100650 101.862.50 Total $265,452.50 Prepared by: Submitted by: Mn' w/ S ephen um Public Works Director Attachment: Bid Summary Location Map Budget Amendment CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: PCH Improvements From Morning Canyon Road to Cameo Shores Road CONTRACT NO.: C-M5 ENGINEER'S ESTIMATE: $250,000.00 PROJECT MANAGER: Lloyd Dalton BID LOCATION: City Clerk's Office - City Hall DATE: 03 -Nov -05 TIME: 11:OOAM BY: CHECKED: DATE: f: 4nem %pbWLsharedkontract100-011\BID SUMMARY FORM.As Paso t Engineer's Estimate EBS, Inc Alliance Streetworks, Inc. JDC Inc. ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 1 Mobilization 1 LS 25,000.00 25,000.00 10,000.00 10,000.00 18,000.00 18,000.00 10,000.00 10,000.00 2 Traffic Control 1 LS 20,000.00 20,000.00 12,000.00 12,000.00 20,000.00 20,000.00 7,000.00 7,000.00 3 Survey 1 LS 10,000.00 10,000.00 7,000.00 7,000.00 3,000.00 3,000.00 6,000.00 6, 4 Clear & Grub 1 LS 25,450.00 25 450.00 28 500.00 28,500. 31 000.00 31,000. 54,000. 54, 5 Sawcut, Remove & Dispose of AC 1 LS 20,000.00 20,000.00 26,500.00 26,500.00 18,000.00 18,000.00 25,000.00 25 000.00 6 Construct Curb & Gutter 1,220 LF 30.00 36,600.00 22.00 26, 840.00 22.00 26,840.001 22.00 26,840.00 7 Construct Curb Access Ramp 1 LS 2,000.00 2,000.00 2,700.00 2,700.00 5,000.00 5,000.00 3,000.00 3 000.00 8 Construct Sidewalk 6,630 SF 5.00 33,150.00 3.75 24,862.50 5.00 33,150.00 4.50 29,835.00 9 Construct Pavement Patchback 1,300 SF 20.00 26,000.00 9.00 11,700.00 11.00 14,300.00 11.00 14300.00 10 Construct Retaining Wall 530 LF 60.00 31,800.00 145.00 76,850.00 140.00 74,200.00 160.00 84,800.00 11 Backfiil & Grade Behind Retaining Wall 1 LS 5,000.00 5,000.00 13,000.00 13,000.00 12,000.00 12,000.00 7,000.00 7,000.00 12 Provide Striping, Signing, Markers & Pavement Markings 1 LS 15,000.00 15,000.00 5,500.00 5,500.00 5,500.00 5,500.00 5,000.00 5,000.00 EE 250,000.001 LOW 245,452.501 2ND 1 260,990.001 3RD 272 775.00 f: 4nem %pbWLsharedkontract100-011\BID SUMMARY FORM.As Paso t rrr rr rrr rr :rrr rr :rrr rr - - -- r rrr rr r rrr rr rrr rr rrr rr - - -- •rrr rr • rrr rr :rrr �r :rrr rr - -- rrr .r rrr rr rrr rr rrr r.r - - -� . rr rrr r rr EEEMRVrr rr - - -- rrr rr rrr rr :rr .r :rr rr - - -- rr crr rr rr - - -- rr .r rrr rr :. •r rr - - -- r•r rr rrr rr Elm= .rrr •r .rrr rr rrr rr rrr rr_�_ -� f: 4nem %pbWLsharedkontract100-011\BID SUMMARY FORM.As Paso t Qi� �o V �Q � l- SHORES C y of Newport Bead NO. BA- 06BA -OU BUDGET AMENDMENT 2005 -06 AMOUNT:1 $101,662.50 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND ®X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following:. To increase expenditure appropriations from the Circulation and Transportation Fund unappropriated fund balance for Pacific Coast Highway Improvements from Morning Canyon Road to Cameo Shores Road C -3435. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 260 3605 Circulation & Transportation Fund Balanc $101,862.50 REVENUE ESTIMATES (3601) Fund/Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7261 Circulation & Transportation Fund Account Number C5100650 East Coast Highway Widening $101,862.50 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Automatic System Entry. Signed: A,5 (� Q / /.a• ��_�J" �J Financial Approval: Administrakve Services Director Date Signed: —. 6� Administrative Ap val: City Manager Difte Signed: City Council Approval: City Cleric Date , k • CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00 AM on, the 3rd day of November, 2005, at which time such bids shall be opened and read for Title of Project Contract No. 3435 $250,000.00 Engineer's Estimate ,-Steptiien -G. Badum Public Works Director PLAN HOLDER LIST AVAILABLE ON CITY WEBSITE http://www.city.newport beach.ca.us CLICK: Online Services • Public Works Contracts Bidding Prospective bidders may obtain one set of bid documents for $30 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project. "A" For further information, call Lloyd Dalton, Project Manager at (949) 644 -3328 For Technical information, call Brent Chamberlain. Engineer at (494) 753 -8111 k • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PACIFIC COAST HIGHWAY IMPROVEMENTS FROM MORNING CANYON ROAD TO CAMEO SHORES ROAD CONTRACT NO. 3435 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 2 ,* , ., 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PACIFIC COAST HIGHWAY IMPROVEMENTS FROM MORNING CANYON ROAD TO CAMEO SHORES ROAD CONTRACT NO. 3435 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 ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL.. 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). Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: http://wvvw.qpo.gov/davisbacon/ce.html 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. -1 rjlo0 \ CP ► Contractor's License No. & Classification F__t t 6E t S�ry cce, Bidder Authorized SignatureTTitle Of 1i Date BOND ft 08739262 PREMIUM NIL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT R : will We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, In the principal sum of TEN PERCENT OF AMOUNT BID Dollars (S 10% ), to be paid and forfeited to the City of Newport Beach If the bid proposal of the undersigned Principal for the construction of PACIFIC COAST HIGHWAY IMPROVEMENTS FROM MORNING CANYON ROAD TO CAMEO SHORES ROAD, Contract No. 3435 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 falls to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond Is execudpg 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 2ND day of NOVEMBER 2405 ELITE BOBCAT SERVICE, INC. F Name of Contractor (Principal) Authorized ignaturelfitle, FIDELITY AND DEPOSIT COMPANY OF MARYLAND _BY: A�� oao 7 Name of Surety Auth6rized Agent Signature 801 NORTH BRAND BLVD., SUITE PENTHOUSE GLENDALE, C4 91203 MATTHEW P. FLAKE /ATTORNEY -IN -FACT Address of Surety. Print Name and Title (818) 409 -2800 Telephone (Notary acknowledgment of Principal. &, Surety must be attached) Company Profile Company Profile Page 1 of 3 FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER 1 SCHUAMBURG, IL 60196 -1056 800 - 382 -2150 Agent for Service of Process ANDREW K. PLATT, C/O ZURICH NORTH AMERICA 801 N. BRAND BLVD., 13TH FLOOR GLENDALE, CA 91203 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 39306 0212 2479 -4 January 01, 1982 UNLIMITED - NORMAL Property & Casualty 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 http: / /cdinswww. insurance. ca .gov /pls /wu_co_prof /idb_co —Prof utl.get_co_prof.7p_EID =6217 11/07/2005 0 Company Profile refer to the log ssary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? http: / /cdinswww. insurance. ca .gov /pls /wu_co —proflidb_co_prof uti.get co_prof?p_EID =6217 Page 2 of 3 11/07/2005 0 0 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On 11/ 3 /05 before me, Sarah D. Shaw — Notary Public personally appeared Joseph A. Nanci personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. re of otery bGc OPTIONAL. SA:R ,rHw _ COranl4 r.. A 1437422 Notary Pubar California' RNerslae County amy Comm. Expires Sep 2, 200 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT Bid Bond — City of Newport Beach TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 1 DATE OF DOCUMENT 11/2/05 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE CORPORATE OFFICER President / Secretary �--� TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN-FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: Elite Bobcat Service. Inc. NAME OF PERSON(S) OR ENTITY(S) 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 11-2-05 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared MATTHEW -P. FLAKE. personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand nd official seal. LEXIESHERWOOD 3 NOTARY PUBLIC • CALIPORNIA ORANGE Y ORANOE COUNTY Si a of Motary Public _ Comm. Exp. JULY27, 209 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES I DATE OF DOCWVNT 11 -2 -05 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER _ TITLE (S) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) OR ENTITY(S) • • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date It e f by nominate, constitute and appoint Richard A. COON, Karen WINLAND, Charles L. FLA_ Matthew P. FLAKE and Lexie SHERWOOD, all of Anaheim, Califor t and r wAttorney -in -Fact, to make, execute, seal and deliver, for, and on its behW'11 its and all bonds and undertakings, and the execution of sucf� a�y��q.� r rk ' t se presents, shall be as binding upon said Company, as fully and amps t .r6 }'�' 'fx.r:n duly executed and acknowledged by the regularly elected of�'��-rr•,;�jj� n��JJ t i ore, Md., in their own proper persons. This power of attorney revokes that issued Beil3tf of dye wren CHANDLER, Charles L. FLAKE, David L. CULBERTSON, Matthew P. FLAKE,,J,9x�Vn RWOOV dated April 23, 2004. The said Assistant Screidr does hereby, certify that the extract set forth on the reverse side hereof is a true copy of Article V1, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of January. A.D. 2005. ATTEST: �vu acvos,,, P tt�i r 4+.m State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary William J. Mills Vice President On this 14th day of January, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland. duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES. 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. a � / ffauu N)� Constance A. Dann Notary Public My Commission Expires: July 14, 2007 POA -F 012 -4150H By: William J. Mills Vice President On this 14th day of January, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland. duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES. 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. a � / ffauu N)� Constance A. Dann Notary Public My Commission Expires: July 14, 2007 POA -F 012 -4150H 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 I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still 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 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 he 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 2ND day of NOVEMBER 2005 1.1 Assi.slant Secretary • 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 I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still 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 FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth 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 2ND day of NOVEMBER 2005 A.ssistmrt Secmtury E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PACIFIC COAST HIGHWAY IMPROVEMENTS FROM MORNING CANYON ROAD TO CAMEO SHORES ROAD CONTRACT NO. 3435 DESIGNATION OF SUBCONTRACTOR(Sl State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Soecifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior.approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: -3 5" � d Address: yrPf%f ✓F� 4c / Phone: State License Number: Name: C C9b+�fj $ji /F�/2 %G 5 "TIP %�rr✓CsO Address: e916 jjVKIG rye Phone: State License Number: Name: ill -OP Address: TjQi�.MiA/t a -40- ' l p — Fr l7 — CY&I Phone: %/7 ,Z— 6 lyl State State License Number: Bidder Authorized Signatureffltle-:S� 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT . PACIFIC COAST HIGHWAY IMPROVEMENTS FROM MORNING CANYON ROAD TO CAMEO SHORES ROAD CONTRACT NO. 3435 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!II Please print or type. Bidders Name eA L +� Sp6c k SeX�ILCC�/ S;1C FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original'Contract Amount $ Final Contract Amount 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: 1 Project Name/Number: City of Temecula Project Description: Construct new sidewalk Approximate Construction Dates: From July 01 To November 0l Contact Person: Bruce Lew Telephone: ( 909) 694 -fi411 Original Contract Amount S .50,055 00 Final Contract Amount S 51,790 00 If final amount 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:2 1 Project NaMe/Number: City of Santa Ana Project Description: Omni bus Concrete- Various locations Approximate Construction Dates: From October 02 To January 03 Contact Person: Bill Albright Telephone: (714 ) &t7 -5029 Original Contract Amount S 268-47195 Final Contract Amount $ 397,433 -17 If final amount different from original, please explain (change orders, extra work, etc.) Additional work requested. 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: City of Anaheim Project Description: CDBG Improvements Approximate Construction Dates: From November 01 To July 02 Contact Person: Chuck Smith Telephone: (714)765 -5176 Original Contract Amount $ 1(WAR 60 Final Contract Amount $ 85,567.50 If final amount 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: 4 Project Name/Number: City of Orange Project Description: Various Locations Approximate Construction Dates: From December 01 To December 02 Contact Person: Frank Sun Telephone: ( 714) 744 -5573 Original Contract Amount S 193 W 00 Final Contract Amount S 281,964-36 If £coal amount 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: 5 Project Name/Number: City of Corona Project Description: Animal Control park expansion Approximate Construction Dates: From March 02 To June 02 Contact Person: Mae McLlwaine Telephone: (9091736 -2309 Original Contract Amount $ 11,145.00 Final Contract Amount $ 11,781 50 If final amount 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: 6 Project Name/Number: City of Rialto Project Description: Various Locations. Approximate Construction Dates: From March 02 To August 02 Contact Person: Bruce Cluff Telephone: (909)8 0 -273_ Original Contract Amount $ 612,646 00 Final Contract Amount $ 82,9Rn ?S If final amount different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any chums against you /.Contractor? If yes, briefly explain and indicate outcome. of claims. No No: 7 Project Name/Number: City of Garden Grove Project Description: Safe Route to schools Approximate Construction Dates: From March 02 To J iiary 03 Contact Person: Dai C_ Vu Telephone: (714)741 -51 R9 Original Contract Amount $ 11 89,392-W Final Contract Amount $ 203,113 64 If final amount different from original, please explain (change orders, extra work, etc.)Additional work. Did you file any claims against the Agency? Did the Agency Bile any claims against you / Contractor? If yes, briefly explain and indicate outcome of claims. No No: 8 Project Name/Number: City of Seal Beach Project Description: Seal Beach, Various locations Approximate Construction Dates: From September 01 To Contact Person: Gary Tomasetti Telephone: (562)799 -4492 Original Contract Amount $ 42,545.30 Final Contract Amount S 114- 449.62 If final amount different from original, please explain (change orders, extra work, etc.)Additional work 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 0 No: 9 Project Name/Number. City of Santa Fe springs Project Description: Neighbor Center parking lot Approximate Construction Dates. From Amil 02 To Contact Person: John R Price Telephone: (562)868.0511 Original Contract Amount S 69.893-00 Final Contract Amount S 73,5 -9& If final amount different from original, please explain (change orders, extra work, etc.)Change Order work 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: 10 Project Name/Number: City of San Clemete Project Description: Del Mar Alley improvements Approximate Construction Dates: From A02 02 To December 02 Contact Person: wry Vobms , Telephone: (949)361 -6100 R Original Contract Amount $ 82,082 -0 Final Contract Amount $ 90,274.50 If final amount different from original, please explain (change orders, extra work, ete.)Additional work 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: 11 Project Name/Number: City of Santa Ana Project Description: Morison Park neighborhood improvements Approximate Construction Dates: From Ivy+ 02 To Contact Person: Bill Albright Telephone: (714)647 -5029 Original Contract Amount $ 117.981 *30 Final Contract Amount $151.533 0'l If final amount different from original, please explain (change orders, extra work, etc.)Additional work 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: 12 Project Name/Number: City of San Clemente Project Description: W. Ave Escalones sidewalk improvements Approximate Construction Dates: From Ma 02 To August 02 Contact Person: CQy Yabus4 Telephone: (949)361 -6100 Original Contract Amount $ 86,220 -W Final Contract Amount $ 89,462.50 If final amount different from original, please explain (change orders, extra work, etc.)Additional work Did you file any claims against the Agency? Did the Agency fide any claims against you / Contractor? If yes, briefly explain and indicate outcome of claims. No No: 13 Project Name/Number: Los Angeles County Project Description: Westminster Avenue Approximate Construction Dates: From &ptmber 02 To Jay 03 Contact Person: Ray Green Telephone: (626)459 -4933 Original Contract Amount $ 502,959-16 Final Contract Amount $ 557,797 07 If final amount different from original, please explain (change orders, extra work, etc )Additional work Did you Me 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: 14 Project Name/Number: City of Highland Project Description: 2002 Concrete and Street Repair Approximate Construction Dates: From ftkillber 02 To Febnw 03 Contact Person: Lary D- Brown Telephone: (909)3.85..1 Q 0 Original Contract Amount $ 171,406.59 Final'Contract Amount $ 171,4116.59 If final amount different from original, please explain (change orders, extra work, ete.) 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. 2 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $. If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number Project Description Approximate Construction Dates: From Agency Name — Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount 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. N No. 4 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount 01 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount 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. y s No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on =site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement.and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. a eobca:� ut nc Bidder Authorized ignature/Title 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PACIFIC COAST HIGHWAY IMPROVEMENTS FROM MORNING CANYON ROAD TO CAMEO SHORES ROAD CONTRACT NO. 3435 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of , being first duly sworn, deposes and says that he or she is 6 4 of F �C�E, eL -AZQ :5e( -V�? -the party making the foregoing bid; th t the bid is not ade in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the f regoing is true and correct. Bidder Authorized Signature/Title Subscribed and sworn to before me this day of N al 2005. [SEAL] Notary P is My Commission Expires: 9 =6N0t0rY?Ub11--'Caftrr'0 D. SHAW zz . _ on # 1437422 de Caunty xW1� �p 2.2007 11 f • . CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PACIFIC COAST HIGHWAY IMPROVEMENTS FROM MORNING CANYON ROAD TO CAMEO SHORES ROAD CONTRACT NO. 3435 DESIGNATION OF SURETIES Bidders name 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): 12 LA CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PACIFIC COAST HIGHWAY IMPROVEMENTS FROM MORNING CANYON ROAD TO CAMEO SHORES ROAD CONTRACT NO. 3435 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL 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 2004 2003 2002 2001 2000 Total 2005 No. of contracts ( r4 d j 3$ —ICS D $) wO Total dollar Amount tracts Contracts (in `� 5 �� i� ' , C -f LrA �I'td� Thousands of $ No. of fatalities No. of lost Workday Cases a a a3 No. of lost workday cases involving permanent 1 0 transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 • • Legal Business Name of Bidder �SY1L. Business Address: Awn 5 i�p� �t,o�cr� q ^—)9 Business Tel. No.: State Contractor's License No. and Classification: Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature-of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. if bidder is a partnership or, joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PACIFIC COAST HIGHWAY IMPROVEMENTS FROM MORNING CANYON ROAD TO CAMEO SHORES ROAD CONTRACT NO. 3435 ACKNOWLEDGEMENT OF ADDENDA The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PACIFIC COAST HIGHWAY IMPROVEMENTS FROM MORNING CANYON ROAD TO CAMEO SHORES ROAD CONTRACT NO. 3438 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: ei&e, CT D �fULL� YIe Business Address:J�O Slk- 1 2k 3zik Lon,, Caona y0�1% �� Telephone and Fax Number: q5t - a- lq-001CQR California State Contractor's License No. and Class:-`72.00L& A (REQUIRED AT TIME OF AWARD) Original Date Issued: V ! -1'1 Expiration Date: 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 linen. /,ir Iii F.�lYii� fit. CFP �� W� G. lrn la Corporation organized under the laws of the State of Col lr znrYUa 16 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: t,.,10� I All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: i 11 IN 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; , i A , Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. Have you eves 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 mpliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes No Are any claims or actions unresolved or outstanding? Yes No 17 0 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. Kc , �� •� • :..- 71c� t . Pres /Sew (Print na a of Owner or reside It of Corporation/Co ny) Auth ezno Signature[Title Title Datee Subscribed and sworn to before me this 03 day of N NPxri�2C ,2005. Commission # 1457422 Notary Public - CO11Dmb Riverside Cow*/ MY Comm. Expires Sep 2.20 18 License Detail Page 1 of 3 License Detail CALIFORNIA CONTRACTORS STATE LICENSE BOARD Contractor License # 720016 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and /or legal action information. • Per B &P 7071 1.7, only construction related civil judgments reported to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 11/07/2005 * * * Business Information * * * ELITE BOBCAT SERVICE INC 1480 MAGNOLIA AVENUE CORONA, CA 92879 Business Phone Number: (909) 279 -6869 Entity: Corporation Issue Date: 03/13/1996 Expire Date: 03/31/2006 * * * License Status * * * This license is current and active. All information below should be reviewed. http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detai1.asp 11/07/2005 • License Detail * * * Classifications * * * Class Description 0 GENERAL ENGINEERING CONTRACTOR * * * Bonding Information * * * Page 2 of 3 _ CONTRACTOR'S BOND: This license filed Contractor's Bond number 134033 in the amount of $10,000 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 01/01/2004 Contractor's Bonding_ History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) JOSEPH ANTHONY NANCI certified that he /she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 03/13/1996 * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 046 - 0012506 Effective Date: 10106/2002 Expire Date: 10/06/2006 Workers Compensation Histm Personnel List License Number Request Contractor Name Request Personnel Name Request http : / /www2.cslb.ca.gov/CSLB_LIBRAR`Y/License +Detail.asp 11/07/2005 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 11 PACIFIC COAST HIGHWAY IMPROVEMENTS FROM MORNING CANYON ROAD TO CAMEO SHORES ROAD CONTRACT NO. 3435 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. 19 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PACIFIC COAST HIGHWAY IMPROVEMENTS FROM MORNING CANYON ROAD TO CAMEO SHORES ROAD CONTRACT NO. 3435 CONTRACT THIS AGREEMENT, entered into this _ day of , 2005, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and ELITE BOBCAT SERVICE, INC., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: PACIFIC COAST HIGHWAY IMPROVEMENTS FROM MORNING CANYON ROAD TO CAMEO SHORES ROAD The work necessary for the completion of this contract consists of installing traffic controls; removing and replacing signs; removing wood fencing and trees; removing asphalt berm and asphalt pavement; capping sprinkler systems; constructing fill, curb and gutter, sidewalk, access ramps, a slough wall and pavement patchback; installing traffic striping and markings; coordinating work by utility companies; etc., along the southerly side of Pacific Coast Highway between Morning Canyon Road and Cameo Shores Road in Corona del Mar. Contract No. 3435 WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractors 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, Bidders 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. 3435, 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. 20 • 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. 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 Two Hundred Forty-Five Thousand, Four Hundred Fifty -Two and 501100 Dollars ($245,452.50). 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: Elite Bobcat Service, Inc. 1320 E. Sixth Street, Suite 100 Corona, CA 92879 951 - 279 -6869 Fax: 951 - 279 -6832 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." 21 0 0 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 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 Scone of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11185) or Insurance Services Office form number GL 0002 (Edition 1173) 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 22 0 0 volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 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. 23 r 0 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. 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. 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 24 9 0 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. 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 anrd vpar first wriHpn ahnva APPROVED AS TO FORM: /,— r - ITY ATTORNEY 25 CITY OF NEWPORT BEACH A Municipal Corporation By: Ma ELITE BOBCAT SERVICE, INC By: 4y, --44-4 -' (Corporate Officer) Title: WCS(i.2.ir+ Print Name: a05gph NaAGI By: (Financial Officer) Title: Print Name: ACORDTI, CERTIFICATE OF LIABILITY INSURANCE DATE14/05 YYY 11/14/05 PRODUCER LIC #0828842 1- 949 - 756 -4100 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMAT16 Lnvenaure Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICAT L Sherman Parent Prince & Fleming Company HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND 0 L7912 Mitchell South ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOV Irvine, CA 92614 ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED C MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUC POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSURERS AFFORDING COVERAGE NAIC# INSURED Elite Bobcat Services, Inc. INSURERA: RSUI Indemnity Company POUCYEFFECTIVE DATE WMIDDIM INSURERB:Redwood Fire & Casualty Insurance Cc LIMITS D 1320 E. Sixth St. #100 INSURER C:Unigaxd Insurance Company GS 515029 INSURER D: Navigators Insurance Company 09/28/06 Corona, CA 92879 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED C MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUC POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' PE INSURANCE POLICYNUMBER POUCYEFFECTIVE DATE WMIDDIM POLICVECPIRATION DATE M LIMITS D B BXBXARB RRK88XBXR8888R %XXBXXXXX8X4RXXXXBX3. GENERALUABIUTY GS 515029 09/28/05 09/28/06 EACH OCCURRENCE $1,000,000 8 COMMERCIAL GENERAL LIABILITY CLAIMSMADE OCCUR PREMISES Eaomrence $ 50,000 MED EXP(Any me person) $5,000 PERSONAL &ADVINJURY $ 1,000,000 8 $5,000 Deductible GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG. $2,,000,000 POLICY 8 PRO- LOC C AUTOMOBILELIABILITY X ANYAUTO CM009164 04/02/05 04/02/06 CE awideeDSINGLE LNMT ( $1,000,000 BODILYINJURY (Perpemm) $ ALL OWNED AUTOS SCHEDULEDAUTOS X HIREDAUTOS NON -OWNEDAUTOS BODILYINJURY (PeracddeM) $ X PROPERTY DAMAGE (Peracddent) $ GARAGE UABIUTY AUTO ONLY -EA ACCIDENT $ OTHER THAN EAACC $ ANYAUTO $ AUTO ONLY: AGO A LIABILITY NBA 214958 D9/28/05 09/28/06 EACH OCCURRENCE $1,000,000 OCCUR CLAIMS MADE AGGREGATE $1,000,000 $ rESSIUMBRELLA $ DEDUCTIBLE $ RETENTION $ 0 B WORKERS COMPENSATIONAND ENPLOYERIFTORIUTY ANYPROPRIETOILPXCLUDE,EXEWTP/E INCI. Oyes,de MEMBER EXCLUDED? REXC W5A3 -5120 10106105 10/06/06 X WCSTATU- OTH- [L#ALTS R E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EAEMPLOYEE $1,000,000 SPECIAL under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS City of Newport Beach, its officers, agents, officials, employees & volunteers are additional insured per blanket additional insured per attached AMP 160 10903) Form contains Primary wording and Waiver of Subrogation Blanket Waiver of Subrogation for workers, comp attached RE: Pacific Coast Highway Improvements from Morning Canyon Rd to Cameo Shores Road GEKIII-IGAIE HOLDER CANCELLATION•10 days for non - payment of premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAT City of Newport Beach DATE THEREOF, THE ISSUING INSURER WILL L XfdW -W MAIL 3D DAYS WRIT Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Lloyd Dalton 3300 Newport Blvd BASH]Ob7tlFS1XOtiEX]ElftmOHX]R B BXBXARB RRK88XBXR8888R %XXBXXXXX8X4RXXXXBX3. Rewport Beach, CA 92663 AUTHORIZED REPRESENTATIVE USA .67^T' ACORD 25 (2001108)1 turner © ACORD CORPORATION 1 E 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.\ BLANKET ADDITIONAL INSURED ENDORSEMENT (EXCLUDING RESIDENTIAL AND HABITATIONAL) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 20 10 11 85 SCHEDULE Name of Person or Organization: Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy, provided the Company is notified in writing within 30 days of the inception of the contract or agreement, or the inception of this policy, whichever is later.. City of Newport Beach, its officers, agents, officials, employees & volunteers 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. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self - insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. 2. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. 3. Neither the coverages provided by this it endorsement shall apply to any claim arising insured or any of their agents /employees. surance policy nor the provisions of this out of the sole negligence of any additional 4. This endorsement does not apply to any work invblvihq or related to properties intended for permanent residential or habitational occupancy. The words "you" and "your" refer to the Named Insured shown in the Declarations. "Your work" means work or operations performed by you or on your behalf, and materials, parts or equipment furnished in connection with such work or operations. ANF 160 (912003) 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. (2DOlIDS) 9 CM009164 COMMERCIAL AUTO DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM • With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement: This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of PerSOn(S) Or CITY OF NEWPORT BEACH, PUBLIC WORKS DEPARTMENT, ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS CIO LLOYD DALTON 3300 NEWPORT BLVD NEWPORT BEACH, CA 92663 RE: PACIFIC COAST HIGHWAY IMPROVEMENTS FROM MORNING CANYON ROAS TO CAMEO SHORES ROAD of nn -.nf m anneam ahnvA. information required to comolete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an *Insured* under the Who Is An Insured Provision contained in SECTION II of the Coverage Form. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA2048 0299 Copyright, Insurance Services Office, Inc., 1998 WORKERS COMPENSATION A &MPLOYERS LIABILITY INSURANCOOLICY FORM NUMBER INSURER. REDWOOD FIRE & CASUALTY INSURANCE COMPANY WC- W9 -90 -30 6 (ME -ID: 01) . WAIVER OF SUBROGATION WE AGREE THAT IN CONSIDERATION OF THE ADDITIONAL PREMIUM CHARGED, THE RIGHT OF SUBROGATION CLAUSE CONTAINED IN THIS POLICY IS HEREBY WAIVED AS RESPECTS THE FOLLOWING PERSONS OR ENTITIES: "ANY PERSON OR ORGANIZATION TO WHOM YOU ARE OBLIGATED BY VALID WRITTEN CONTRACT WHEREIN YOU HAVE AGREED TO FURNISH THIS WAIVER." THIS ENDORSEMENT APPLIES ONLY TO THOSE PERSONS OR ENTITIES LISTED IN THE FOREGOING PARAGRAPH. THE INSURED AGREES TO MAINTAIN PAYROLL AND CONTRACT RECORDS ACCURATELY IN ORDER TO SEGREGATE THE REMUNERATION FOR EMPLOYEES WHILE ENGAGED IN THE WORK FOR WHICH THIS WAIVER WILL APPLY. THAT INFORMATION WILL BE VERIFIED BY THE INSURER AT FINAL AUDIT. A SURCHARGE OF 3% SHALL BE APPLIED TO THE RISK'S STANDARD PREMIUM, SUBJECT TO A MINIMUM CHARGE OF $500, AND WILL BE. COLLECTED UPON COMPLETION OF THE FINAL AUDIT. This endorsement changes the policy to which is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/0G/2005 Policy No. W -5A3 512 0 Endorsement No. 13 Insured ELITE BOBCAT .SERVICES, INC. (A CORP) 10/13/20.05 Countersigned by Authorized Representative NOV -23 -2005 15:15 FROM: 7149391654 TD:19496443318 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beacch..� Date Received: f 1 .� 0� Dept Contact Received From: J r`tw N. G Data Completed: i Sent to: `� / I G(. A n G', By: Company/Person r aired to have certificate: E III' �Q��( RZV L GENERAL LIABILITY Y A. INSURANCE COMPANY: 1VCAV ol. Y � 1 yf t.flYVL B. AM BEST RATING (A: VII or greater): LX P.1 /1 C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yas 0 No D. LIMITS (Must be $11M or greater): What is limit provided? art E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? es F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is It included? ayes, 0 No G. PRIMARY & NON - CONTRIBUTORY WORDING (Mustbe Included): Is it Included? es (] No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by , negligence" wording? ❑ Yes ago 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified ma7; per Lauren Farley, the City will accept the endeavor wording. 11, AUTOMOBILE LIABILITY j P14,04 �h kl4ww 60 A. INSURANCE COMPANY: V V CL B. AM BEST RATING (A: VII or greater): w7vl C. ADMITTED COMPANY (Must be California Admittedi: Is Company admitted in California? I fflyes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? [] Yes 01 o. F. PRIMARY.& NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? En Yes No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires potiftcation of cancellation by certified mall; per Lauren Farley, the City will accept the endeavorrwordng. III. WORKERS' COMPENSATION r A. INSURANCE COMPANY: or-r' B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): HAVE ALL ABOVE REQUIREMENTS BEEN MET? t Is M Included? 5 es 0 No Yes • PR1of3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL PACIFIC COAST HIGHWAY IMPROVEMENTS FROM MORNING CANYON ROAD TO CAMEO SHORES ROAD CONTRACT NO. 3435 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. 3435 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND.UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @ Ti'l 7%6: XIZGDollars and az 2'!FR C Cents $ %O Per Lump Sum 2. Lump Sum Traffic Control @ re �� // 0e44//.0011ars and 0� Cents $ Per Lump Sum 3. Lump Sum Survey Dollars and 7 /rD Cents $ Per Lump Sum 0 r PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Clear and Grub 5. 7 @ ;Z-g -4 gar >ld <s�vAollars K 16, 9�� vL✓sA and Ix- 1� Cents $ Zgd Per Lump Sum Lump Sum Sawcut, Remove and Dispose of AC Pavement, Berm, Base and Subbase Dollars and Z�l�( Cents $ Zlg ��6, v Per Lump Sum 1220 L.F. Construct Curb and Gutter dollars and 2 2 g` ?.Gi �30 I�G Cents $ $ Per Linear Foot Lump Sum Construct Curb Access Ramp @ 4.v yr,>a,- cam s—j=WvDollars *ro�DEa and Cents Per Lump Sum 6630 S.F. Construct Sidewalk Dollars and Cents $ —r $ 2 J Per Square ooF t 1300 S.F. Construct Pavement Patchback -'V @ r�O.Ae- a)Dollars and Cents $ $ & Per Square Foot w w'v t PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 530 L.F. Construct Retaining Wall X >FTjbollars and i2 Cents Per Lineal Foot 11. Lump Sum Backfill and Grade Behind Retaining Wall and �8 Cents $ / Per Lump Sum 12. Lump Sum Provide Striping, Signing, Markers and Pavement Markings and Cents $� Per Lump Sum $ 2yr, 3"5 .mod TOTAL PRICE IN FIGURES TOTAL PRICE IN WORDS 7;;,> �sH ✓L,✓ r�Tr�r �T� T/ 'P� � i/ ifdn�G/�F�` `/ -1a-1 di Dollars and Cents 1yja3 Date 9.5(-- c�.'7q Co�CQ4 �1��7� -Coxes? Bidder's Telephone and Fax Numbers Bidder Bidder's Authorized Signature and Title Bidder's License No(s). Bidder's Address and Classification(s) • • PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS PACIFIC COAST HIGHWAY IMPROVEMENTS FROM MORNING CANYON ROAD AND CAMEO SHORES ROAD CONTRACT NO. 3435 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK - 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -7 ADJUSTMENTS TO GRADE SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 1 1 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 4 0 0 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -7 COOPERATION AND COLLATERAL WORK 4 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.6.1 Best Management Practices and Monitoring Program 5 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 7 7 -15 CONTRACTOR LICENSES 7 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT 7 9-3 PAYMENT 7 9 -3.1 General 7 9 -3.2 Partial and Final Payment 8 PART 2 -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 8 201 -1 PORTLAND CEMENT CONCRETE 8 201 -1.1.2 Concrete Specified by Class 8 202 -2 MORTAR, GROUT AND WATER 8 202 -2.1 Mortar 8 SECTION 202 CONCRETE BLOCK 8 202 -2.1 Masonry Units 8 0 0 f \nsecs \pbw \shared \coftds\fy 04-05\pch improvers n morning cyn to cameo shores o-3435rhspecs index c- 3435.doc 9 9 9 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 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 300 -1.5 Solid Waste Diversion SECTION 302 ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General 302 -5.4 Tack Coat SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, DRIVEWAYS AND ALLEY INTERSECTIONS 303 -5.1 Requirements 303 -5.1.1 General 303 -5.5.4 Gutter SECTION 310 PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.7 Layout, Alignment and Spotting 310 -5.6.8 Application of Paint f \nsecs \pbw \shared \coftds\fy 04-05\pch improvers n morning cyn to cameo shores o-3435rhspecs index c- 3435.doc 9 9 9 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 0 • SP 1 OF 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS PACIFIC COAST HIGHWAY IMPROVEMENTS CONTRACT NO. 3435 INTRODUCTION `19111 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5852 -5); (3) Caltrans Standard Plans and Specifications, latest edition; and (4) the Standard Specifications for Public Works Construction (2003 edition, including supplements). Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802; telephone (714) 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2- -SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this contract consists of installing traffic controls; removing and replacing signs; removing wood fencing and trees; removing asphalt berm and asphalt pavement; capping sprinkler systems; constructing fill, curb and gutter, sidewalk, access ramps, a slough wall and pavement patchback; installing traffic striping and markings; coordinating work by utility companies; etc., along the southerly side of Pacific Coast Highway between Morning Canyon Road and Cameo Shores Road in Corona del Mar." 2-9 SURVEYING 2-9.3 Survey Service. Add to this section: 'The Contractor's California Licensed Land Surveyor shall utilize /follow the survey records used for the project design to provide all construction survey services that are required to construct the improvements. Street centerline ties and property comer monuments are to be 0 • SP2OF10 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1- •percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 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 • • SP 3 OF 10 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. SECTION 5--- UTILITIES 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall coordinate the adjustment of Southern California Edison, Gas Company, Pacific Bell, and cable television facilities to finish grade with the appropriate utility company. 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. Schedule may be bar chart or CPM style. The time of completion as specified in Section 6 -7, shall commence on the date of the Notice to Proceed. 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 constructed 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 providing all traffic controls, demolition, removals, disposal, construction, adjustments, cleanup, etc., as needed to complete the work shown on the plans and specified herein." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section, "The Contractor shall complete all work under this contract within 45 consecutive working days from the date of the Notice to Proceed. 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 February (President's Day), the last Monday in May (Memorial • • SP4OF10 Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), and December 25th (Christmas). If January 1st, July 4th, November 11th or December 25th 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 p.m. on Fridays. 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 must 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 $123.60 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $250.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $250.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent 'of this. section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7 -5 COOPERATION AND COLLATERAL WORK. Add to this section: "The adjacent homeowners association, known as Cameo Community Association (Cameo), desires to construct screen and retaining walls between the southerly side of Pacific Coast Highway (PCH) and Hampton Road, tract entry improvements on both sides of PCH, and irrigation systems and landscaping in the entry areas and between the southerly side of PCH and Hampton Road. Cameo's work will be built entirely upon property that is owned by the City of Newport Beach. Since the Contractor will be mobilized onsite to construct the City's work, Cameo desires to negotiate with the Contractor to also construct Cameo's work. The City of Newport Beach has no objection to such negotiation nor will it be party to a contract between the Contractor and Cameo Community Association; however, if the Contractor and Cameo enter into a contract, the City will require the following: • 0 SP5OF10 Cameo shall complete plans and specifications for its work to City of Newport Beach design standards, and the work shall be constructed in accordance with City- approved plans and specifications and the Standard Specifications for Public Works Construction (2003 edition, including supplements). The Contractor shall apply for and obtain an Encroachment Permit for Cameo's work from the City of Newport Beach. The City will waive its Permit fees. 3. Work under the City's contract shall be completed to the satisfaction of the Engineer before the Contractor will be permitted to commence Cameo's work. 4. The City's bond, insurance, traffic control, etc., shall not apply to work that is being or will be performed for Cameo. Construction under Cameo's contract shall be completed to the satisfaction of the Engineer and paid for solely by Cameo. The City of Newport Beach will not enter into or be a party to a dispute or conflict between the Cameo and the Contractor. 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 $750 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 and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the contractor to follow BMP will result in immediate cleanup by City forces and back charging the Contractor for 115% of the City's direct costs. ' • SP60F10 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Add to this section, "The Contractor shall salvage, straighten the posts of, and reinstall signs in portland cement concrete foundations as directed by the Engineer. The Contractor shall cut, cap and mark out the irrigation system and make every effort to preserve and minimize removal of plant materials within the construction zone. Irrigation system and plant materials will be restored by others." 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) published by Building News, Inc. Lane closures may be between 7am and 4pm on weekdays." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add to this section, "Construction materials shall not be stored in streets, roads, or sidewalk areas except with prior approval of the Engineer." 7 -10.3 Street Closures, Detours and Barricades. Add to this section, "At least five working days prior to the preconstruction meeting, the Contractor shall submit a traffic control plan for PCH and the adjacent tract entrances to the Engineer. The Contractor shall process and obtain approval of said plan from the City's Traffic Engineer. The plan shall be conform to the provisions of the latest edition of the WORK AREA TRAFFIC CONTROL HANDBOOK (WATCH) and shall be prepared, sealed, and signed by a California- licensed traffic engineer. The traffic control plan shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of barricades, signs, delineators, lights, warning devices and any other details shall ensure that pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. Advanced warning sign installations shall be reflectorized and/or lighted." 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section, "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work. 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." • • SP 7 OF 10 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if PCH has posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY' sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -15 CONTRACTOR LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and his subcontractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDSIAS 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. 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 9 -3.1 General. Revise paragraph two to read, "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the 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." • SP8OF10 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: 'Portland Cement concrete for construction shall be Class 560 -C- 3250." 202 -2.2 MORTAR, GROUT AND WATER 202 -2.2.1 Mortar. Add to this section: "Mortar and grout shall be Portland cement type I and conform to ASTM C'150, with integral color to match block." SECTION 202 -- CONCRETE BLOCK 202 -2.1 Masonry Units. Add to this section: "All concrete masonry unit shall conform to ASTM C90, Grade N, normal weight, Orco Block, one sided, split face color NU FAD with compressive strength of 1,500 psi. Mortar color shall match block color." 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 work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement shall be at full depth saw cuts. The Engineer shall approve the Contractor's method of final removal. The Contractor is responsible for clearing and grubbing, including removing and disposing of interfering vegetation, irrigation system, wooden fence, signs, etc. See Section 7 -9 for further detail. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each work day." ' • SP 9 OF 10 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. The hauler shall be a licensed and franchised construction and demolition debris solid waste hauler (see an approved list of haulers on the City's internet site or obtain a list from the Public Works Department). Construction debris, excess soil or sand, and recyclable solid wastes shall not be disposed of within the Coastal Zone. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section, "The asphalt concrete patchback shall be 2" Type C finish course over Type B -AR- 4000." 302 -5.4 Tack Coat. Add to this section, "Prior to placing the asphalt concrete patchback, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one - tenth (1/10) gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, DRIVEWAYS AND ALLEY INTERSECTIONS 303 -5.1 Requirements. 303 -5.1.1 General. Add to this section, "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement." 303 -5.5.4 Gutter. Add to this section, 'The Contractor shall hold.the flow line tolerances to within 0.01 feet of those elevations shown on the plan.- SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings •' • • SP 10 OF 10 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: 'The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting." 310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finishing of the roadway. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City.